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1959 October Council Proceedingsi a ,; I~ i i 'L ~' I i ~~ ~: - u r,.: Is , 436 Adjourned Regular Session, September 8, 1959 cations and recommends its ac• Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1980 ceptance, now therefore, BE IT RESOLVED, by the City Approved ,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,1980 Council of the City of Dubuque, that the recommendation of the ~ City Manager be approved and ""' that said improvement be and the same is hereby accepted, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, BE Pf FURTHER RESOLVED, that the City Treasurer be and he Councilmen is hereby directed to pay to the ,,,,,,,,,,,,,,,,,, , "" "' """"' contractor from the Street Con- struction Fund in amount equal ,,,,, ,,,, ,,,, ,,, ,,, , ,, to the amount of his contract, less , , , ,, , ,, ,,,,,,,, any retained percentage provided far therein. . ..................................... Passed, adopted and approved this 8th day of September, 1959. Attest ,.,.,,,,. ,,,,,,,,,,,,,,,,,,,,,,,,, CHARLES A. KINTZINGER Citq Clerk Mayor GEORGE A. FREUND LEO N, SCIIUELLER CLARENCE P, WELD PETER J. TAKOS Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger Coun- cilmen Freund, Schueller, Takos, Wetu. Nays-None, Councilman Schueller moved that Wm, Clemens Jr. be re•ap• pointed to the Airport Commission for a six year term to September 14, 1965 and Rev, Lawrence Guter be appointed to the Recreation Commission to fill the unexpired term of Rev. Eugene Weimer to ' July 5, 1961, Seconded by Coun- cilman Welu, Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun. cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Welu moved to ad• journ, Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger,. Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, LRO F, FROMMELT City Clerk' regular Session, October 5, 1959 ~ 437 ~'i ~ ~~~ ~.-1 ~ ;}~ tit ~ h ~ f ~"a ~I ~l~)~ ~ ' i~ 1 "~~ ~ ~ '~ ~ Mr, Edward Maas, owner of property at 14th & Central Avenue ~Advucenrl Oho nnnnnil by sta4inu GFFICIAL Regular Session; October 5, 1959, Council met at 7:30 P.M. Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta• kos, Welu, City Manager Schiltz, Mayor Kintzinger read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for Public improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements for the construc• tion of City of Dubuque 1959 Boulevard lighting project No. II Bid Section No, I for boulevard lights on Central Avenue from the north property line of 12th street to south property line of 16th street, presented and read, Coun• cilman Welu moved that the proof of publication be received and filed, Seconded by Councilman Ta- kos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, . Nays-None, Communication of Ed Turnquist Co. thanking the Council for their consideration and survey made on the parking situation and street lights for Central Avenue, present- ed and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended to allow anyone present address the Coun- " cil if they so desire. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. that he would be against the light project if the price exceeded $10 per running foot. Decision of Council upon objec• tions to plans, specifications, form of contract and cost of im• pravements. R@SOLUTION N0, 223.59 WHEREAS, proposed plans and specifications and form of contract far the City of Dubuque 1959 Boul- evard. Lighting Project No. 11 Bid Section 1-Central Avenue from the north property line of 12th street to the south property line of 16th Street, have been approved by the City Council of the City of Dubuque and public notice giv- en as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for ar cost of such improvements, said time being this 5th day of Oc- tober, 1959; and WHEREAS, the City Council met in regular session this 5th day of October, 1959, at 7,30 o'clock P,M, at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par• ties have been given an opportun• ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted, BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and ~~ ;u i I~ ( 1 ~' °j ~f~'; 43$ Regular Session, October 5, 1959 form of cost said improvement be made a matter of permanent record in connection with said im• provement, passed, adopted and approved this 5th day of October, 1959. CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved tho adoption of the resolution. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, (Necessity for Improvement) RESOLUTION N0, 208.59 WHEREAS, proposed plans, specifications, form of contract; plat and schedule have been duly prepared and approved by the. City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The Assessment Limits. 2. The streets to be improved. 3, The; width of such improve ment, 4, Each lot proposed to be as• sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case the amount thereof which is estimated to be assessed against each lot, for the City of Dubuque 1959 Boulevard Lighting Project No, II, Bid Sec- lion I-Central Avenue from north property line of 12th Street to the south property line of 16th Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- meat tivill be assessed upon and against all privately owned prop- erty lying within assessable dis- lance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the street funds. londs shall be issued and sold in anticipation of deferred payments c# assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed an file with the City Clerk this 8th day of September, 1959. RECORD OF FIN,QL ADOPTION The foregoing resolution was fi- Wally passed and adopted, as pro- posed, by the City Council this 5th day of October, 1959, CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Regular Session, (Ordering Construction) RESOLUTION N0.224.59 BE IT RESOLVED by the City Council of the City of Dubuque that pursuant to a resolution of necessity No. 208-59 which was duly passed by this Council, for the City of Dubuque 1959 Boulevard Lighting Project No. 11 Bid Sec- tion 1-Central Avenue from the north property line of 12th Street to the south property line of 16th. Street, be and the same are hereby ordered and constructed by this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk, BE lT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in pro• portion to the special benefits con- ferred, and any deficiency will be paid out of the general, improve- ment, or sewer funds of the city, or partly from each of such funds. Payment will be made to the con- tractor out of funds realized from the sale of bonds or with bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council. BE IT FUR`PHER RESOLVED that the City Clerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said. improvements shall be completed within 30 calendar days after no• lice to proceed is issued. BE Il' FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall be in Force and effect from and after its passage and adoption by the City Council. October 5, 1959 439 __ _ - Passed, adopted and approved this 5th day Qetober, 1959, CHARLES A. KINTZINGER GEORGE A, FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerli Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen, Freund, Sehueher, Takos, Welu. Nays-None. Communication of National Riv- ers and Harbors Congress stating that the project "Municipal Com- mercial Harbor at Dubuque on the Upper Mississippi River Dredging" is classified as Class I endorsed, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of H i 11 c r e s t Builders Inc, submitting a revised plan of proposed Vista View Addi- tion to Dubuque, presented and road, Councilman Freund moved that the communication and plat be referred to the Planning & Zon- ing Commission. Seconded by Councilman Schueller, Carried by the following vote: Yeas.-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Wolu. Nays.-None. September 18, 1959 To the Honorable Mayor and Members of the. City Council, Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1954, the Civil Service Commission con- ducted written examinations for thoso seeking the position of WA- TER PLANT OPERATOR, at the Water Pumping Station. This ex• amination was held on September 3, 1959, :~ -' 440 Regular Session, October 5, 1959 The following is a list of those who passed the written examina- tion with an average of 70% or better: John M, Schwendinger ....81% Cletus V, Simon ................80% Harland G, Bushnell ......79% Alton Walter Jewell ........75% Charles H, Frost ................75% Louis M, Schriver ..............72% Respectfully submitted, J. A. CAREW LOUIS J, LAGEN Commissioners Attest: LEO F, FROMMELT Clerk Subscribed and sworn to before me a Notary Public this 5th day of October, 1959. (Notarial Seal) JOHN J, DOLAN Notary Public Councilman Takos moved that the communication be received and made a matter of record. Sec- onded by Councilman Freund, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None, September 25, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Because of the increased use of Carter Road at Kaufmann and Cha- ney Road at Kaufmann, it is advis- able that traffic control devices. be installed to protect those using the streets. I have had the Traffic Depart- ment investigate this condition and it is recommended that stop signs be erected at both entrances of Carter Road into Kaufmann in such a manner as to stop north and south bound Carter Road traf• fic, Also, stop signs be erected at both entrances of Chaney Road into Kaufmann Avenue in such a manner as to stop north and south bound Chaney Road traffic, Respectfully submitted, L, J. SCHILTZ City Manager Councilman Takos moved that the recommendation of the City Manager be approved, and that proper proceedings be prepared. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. September 25, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The complaint of Frank J. Hick- ey relative to parking of cars in the alley from 15th to 16th Streets between Iowa and Central Avenue was referred to the City Manager and also the request of the Council that the alley between White and Central from 14th to 17th Streets be investigated for possible park- ing corrections. I had the Police Traffic Depart- ment investigate all of the alleys north of Loras Boulevard for dif- ficulties they have encountered in regulating the parking of vehicles, Because of the business character of Central Avenue, the Traffic De- partment is recommending that these particular alleys be treated in the same manner as those sur- rounding the Central business dis- trict. From the standpoint of fire protection, this area is every bit as hazardous as other sections in which parking is prohibited. It is recommended that the alley east of Central from East 14th to East 18th be included in Schedule VIT of Ordinance 33-49 and the alley west of Central Avenue from Loras to West 17th be included in Schedule VII of Ordinance 33.49 and that the City Solicitor be in- structed to prepare the proper or- dinances. Very truly yours, L, J. SCHILTZ City Manager Mayor Kintzinger moved that the recommendation of the City Manager be approved, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Regular Session, October 5, 1959 441 September 28, 1959 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of George Sebald and others requesting that parking be restricted to one side of the street on Clarke Drive from Heeb to North Main Streets was referred to the City Manager for investiga- tion and report. Upon investigation by the Traf- fic Department, it was determined that this request had definite merit and should be granted, Some years ago parking was prohibited on the east side of Heeb Street and Clarke Drive, which is a continua• tion of Heeb Street to North Main, is just as important to motorists traveling on this street as is Heeb Street, It is recommended that parking be prohibited on the northerly side of Ciarlce Drive from its in- tersection with the east line of Heeb Street to the east line of North Main Street and that the City Solicitor be instructed to pre- pare the proper ordinance. Respectfully submitted, L. J, SCHILTZ City Manager Councilman Freund moved that the recommendation of the City Manager be approved, Seconded by .Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. September 29, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The recommendation concerning the installation of a street light between 1150 and 1160 Solon was referred back to me for further study after one of the property owners protested against this lo- cation, The street light should be locat- ed at this point, however could be on the opposite side of the street, Property owners on this side are agreeable to giving an easement for the overhead wires to bring the service from the rear of the lots. I recommend the .installation of a street light between 1157 and 1165 Solon Street, Very truly yours, L, J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Ccun• cilmen Freund, Schueller, Takos, Welu. Nays-None. September 17, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of August as vrell as the list of claims for which warrants were issued for the month of August, 1959. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Freund moved that the reports be received and filed, Seconded by Councilman Welu, Carried by the fallowing vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were issued during the month of August 1959, present- ed and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. October 2, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have .your approval on same for filing, sub• -. 442 Regular Session, October 5, 1959 ject to the approval of the City Solicitor, SIDEWALK Edwin J, Koerperick, Western Surety Company, Bond No, 617139.59 John J, Freiburger, Western Cas- ualty & Surety Co, of Fort Scott, 1{ansas, Bond No, 239236 Carris Construction Company, American Surety Company of New York EXCAVATION McDonnell Excavating Service, Continental Casualty Company, Policy No, ARL 3581583 Richeson Excavating, US Fidelity & Guaranty Company, Policy No. ML 175999 HEATING O'Neill Fuel & Heating Co., West- ern Surety Company, Bond No. 670120 59 F, W. Hanselmann, American Cas- ualty Co, of Reading, I ennsyl- vania Reuter, Joe J, d/b/a, Reuter Sheet Rletal Works, American Surety Company of New York Seals Roebuck & Company, Stand- ard Accident Insurance Co. J, F, Stampfer Co,, Fireman's Fund Insurance Co. Kennedy Furnace & Sheet Metal- works, Travelers Indemnity Co., Bond No. 624961 PERSONAL Wm, Clemens, Jr,, Member, Air- ~ort Commission, America n Surety Company Respectfully submitted, L, J, SCHILTZ City Manager Couneihnan Welu moved approv- al of the filing of the bonds and policies subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, October 5, 1969 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Roy Brammer et al regarding sale and use of City owned property located at Forrest Lane and Delhi Street for parking lot purposes and the petitions and communications of the Dubuque Safety Council, Ralph E, Lytle et al, Roy Brammer et al, and Ray Krefg et al have been reviewed by the Planning and Zoning Commis- sion. Brammers Store is a legal non- conforming use and the use of this property, if acquired by them for parking lot purposes, would be an extension of this legal noncon- forming use. fihis is under the jur- isdiction of the Board of Adjust• ment and the Commission has ad- vised Mr, Brammer to file an ap- plication for a ruling from said Board. The petitions opposing re• zoning of this area are also being returned to you because there is no request or petition for rezoning. The communications of the Du- buque Safety Council, Roy Bram- mer et al supporting the sale and use of ~ property for parking lot purposes can be presented to the Board of Adjustment if and when an application has been filed. The Commission, as a matter of opinion, favors the City retaining title to this property to establish and maintain control of the use of same. Respectfully submitted, Irvin Oeth, Chairman Councilman Freund moved that the communication be referred to the Board of Adjustment, Second- ed by Councilman Takos, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Talcos, Welu. Nays-None, October 5, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Dubuque Planning and Zon• ing Commission has returned our communication requesting the pur- chase of city owned property at Forrest Lane and Delhi Street to your Honorable Body. We were advised by the Commis- sion to file an application with the Board of Adjustment request- ing extension of our nonconform- ing use to cover part of this city owned property, regular Session, In order to file this application we need the consent of the city because we do not own this prop- erty, If you give us permission We will file with the Board of Adjust- ment and if their decision is favor- able, suitable arrangements for sale or lease of this property could be established, Respectfully submitted, Rex Brammer Councilman Freund moved that the communication be referred to the Board of Adjustment. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, October 5, 1959 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The Planning and Zoning Com- mission has considered the peti• tion of Holy Ghost Church request- ing vacation of that part of Prim- rose Street east of Davenport Street, The ground falls away very fast east of Davenport Street, and the street has no public value for ac- cess or circulation. The Planning and Zoning Com• mission recommends that the pe• tition of Holy Ghost Church be granted. Respectfully submitted, Irvin Oeth, Chairman Councilman Schueller move d that the recommendation of the Planning & Zoning Commission be approved and that proper proceed- ing be prepared. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor I{intzinger, Coun• cilmen Freund, Schueller, Takos, We1u. Nays-None. October 5, 1959 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen, The Planning andLoning Com- mission has considered the peti- tion of John Masuen, 397 Bradley Street, requesting vacation of that October 5, 1959 443 portion of Dunning Street adjacent to his property from Bradley Street to the Country 'Club Golf grounds, This street is one of a series platted and now dead ends oh the Country Club property, The streets within the golf course were vacat- ed with the provision that they would revert to the City if the golf course ever vacates this site. The Cornniission is of the opin- ion that in the future, this street would be needed for access to the large area and would also set a precedence which could result in all the entrance streets to this area, not now being used, being vacated. Therefore the Commission rec- ommends denial of the petition; Respectfully submitted, Irvin Oeth, Chairman Councilman Freund moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved. Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, September 30, 1959 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: I have investigated the claim of Mrs. Martha R. White, 990 West Third Street, for damages sus- tained when she struck an open manhole at Seventh and Hill Streets on August 14, 1959 and find that, in my opinion, the claim is well founded. I have discussed the matter with Mrs. White and she has agreed to accept the sum of $41,63 in full settlement of her claim.. I recommend that this settle- meet be approved and the City Auditor instructed to issue a war• rant payable to Martha R. White in the sum of $41,63 and deliver the same to her upon receipt of a properly executed release. Respectfully, T, H. NELSON 444 Regular Session, October 5, 1959 Councilman Freund moved that the recommendation of the City Solicitor be approved, Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, September 16, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Pursuant to your directions, I have investigated the claim of Mrs. Lorraine M, Briggs, 1108 Rhom- berg Avenue, for injuries to her car, sustained when she struck a defect in a street May 2, 1959, and find that the defect existed as claimed, and that the injury was sustained, as alleged, I recommend that the claim be allowed in the sum of $57.67, and that the Auditor be insrtucted to issue a warrant payable to Lor• rains M. Briggs in the sum of $57,67 and deliver the same to her upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON Councilman Freund moved that the recommendation of the City Solicitor be approved, Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Talcos, Welu. Nays-None, September 24, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have examined the 'claim of Roger 0. Jones, 725 West 17th Street and can find no negligence on the part of the City. I therefore recommend the claim be denied, Respectfully, T. H. NELSON Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman. Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, September 24, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have examined the claim of Mrs, James C, Jones, 714 Davis Avenue, and can find no negli- gence on the part of the City, I therefore recommend that the claim be denied. Respectfully, T, H, NELSON Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, September 10, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen, I have 9nvestigated the claim of Harold E, Richey, 1717 Avon Street, for abacked-up sewer and can find no negligence on the part of the City and recommend that the claim be denied. Sincerely, T. H, NELSON Councilman Freund moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Patriclc O'Brien, in the amount of $95,73, for car damage incurred as the result of striking a sewer cover on Clark Street on September 26, 1959, presented and read. Council- man Freund moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Iintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, r )3egular Session ORDINANCE N0, 50.59 An Ordinance Amending Ordi- nance No: 33.49, known as the Traffic Code of the City of Du- buque, by Adding new Sections 1-h and 4-b to Schedule I thereof, pre- sented and read. Councilman Freund moved that the reading just had be considered the first 1•eading of the Ordinance, Second- ed by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu; Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0, 60.59 An Ordinance Amending Ordinance No. 33.49, Known as the Traffic Code of the City of Dubuque, by Adding new Sections 1-h and 4•b to Schedule 1 thereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- suQuE: Section 1. That Schedule I of Ordi- nance No, 33.49, known as the Traffic Code be and the same is hereby amend• ed by adding a new section 1•h thereto as follows; "1-h-East First Street from Water Street to Terminal Street" Section 2, That Schedule I of Ordi- nance No. 33.99, known as the Traffic Code be and the same is hereby amend• ed by adding a new section 4•b thereto as follows: "4-b-Terminal Street from Jones Street to First Street" Section 3, This Ordinance shall be in full force and effect from and after its Final passage, adoption and publi• cation as by law provided. Introduced the 5th day of October, 1959, Rnle requiring reading on three sep• orate days suspended by unanimous vote the 5th day of October, 1959, Passed by recorded roll call vote, adopted and approved this 5th day of October, 1959, CHARLES A, KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Cler]t Published officially in The Telegraph- Herald newspaper this 9th day of Oc• tuber 1959. LEO F. FROMMELT Yt. 19/9 City Clerk October 5, 1959 445 Councilman Freund moved the adoption of the Ordinance, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor I{intzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE N0, 5159 An Ordinance ,Amending Ordi- nonce No. 7.47 by Adding a New Section 7.3,23 thereto, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- oilman Welu. Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun- ' cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE No. 51.59 ~'_.. An Ordinance Amending Ordi- { nonce No. 7-47 by Adding a new Section 7,3.23 thereto, Be it ordained by the City Coun- oil of the City of Dubuque: Section 1. That Ordinance No. 7-47 be and the same is hereby amended by adding a new Sec- , ticn 7.3.23 thereto as follows: "7.3.23 - The south side of West First Street from Main Street to the alley first east of Main Street." Section 2, This Ordinance shall be in full force and effect fl•om and after its final passage, adop- tion and publication as by faw provided. Introduced the 6th clay of Oeto- ber, 1959. Rule requiring reading on three separate days suspended by unani- mou~ vote the 6th day of Ootober, 1959. Passed by recorded roll call vote, adopted and approved this 5th day of October, 1959. Charles A. Kintzinger Mayor George A. Freund Leo N. Schueller Clarence P. Welu Peter J. Talcos, Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald newspaper this 9th day of October, 1959, Leo F, Frommelt, City Clerk lt. 10-9 446 regular Session, October 5, 1959 Councilman Freund moved the adoption of the Ordinance,. Second- ed by Councilman Welu. Carried by the following vote, Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. ATays-None. Councilman Freund moved the !,adoption of the Ordinance. Second- ed by Councilman Welu. Carried. by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos;: Welu, '; Nays-None. ORDINANCE N0, 52.59 An Ordinance Amending Ordi- nance No, 33-49, known as the Traffic Cade of the City of Du- buque, by Repealing Section 16.29 thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun. cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE NO. 52.59 An Ordinance Amending Ordinance No. 33.49, Known as the Traffic Code of the City of Dubuque, by Repealing Section 16,29 thereof. Be It Ordained by the City Council of the City of Dubuque; Section 1, That Section 16-29 of Or- dinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby repealed. Section 2, This Ordinance shall be in full force and effect from and after its final passage, adoption and pub• lication as by law provided, Introduced the 5th day of October, 1959. Rule requiring reading mi three sep- arate days suspended by unanimous vote the 5th day of October, 1959, Passed by recorded roll call vote, adopted and approved this 5th day of October, 1959, CHARLES A. I{INTZINGER Mayor GEORGE A, FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph- Herald newspaper this 9th day of Oc• tober, 1959, LEO F. FROMMELT City Clork lt. to-s ORDINANCE N0. 53.59' An Ordinance Amending Ordi- nonce No. 33.49, known as the i Traffic Code of the City of Du- I buque, by Repealing Section 15,19 '~~ thereof and Enacting a substitute therefor, presented and read, ', Councilman Freund moved that `the reading just had be considered ', the first reading of the Ordinance, Seconded by Councilman Welu. ', Carried by the following vote: ~~, Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu: ", Nays-None, ' Councilman Freund moved that ',the rules be suspended requiring an Ordinance to be read on three ',separate days. Seconded by Coun- ', cilman Welu, Carried by the fol• ', lowing vote: Yeas-Mayor Kintzinger, Coun- I cilmen Freund, Schueller, Takos; Welu. -, ORDINANCE N0, b3.59 1 An Ordinance Amending Ordi- nonce No. 33-49, I{nown as the Traffic Code of the City of Du- buque, by Repeating Section 15:19 thereof and Enacting a Subati- tute therefor. Be It Ordained By The City- Council Of The City Of Dubuque: Section 1. That Section 15,19 of Ordinance No. 33.49, known as the Traffic Code of the City oP Du- buque, be and the same is here- by i~epealed and the following en- acted in lieu thereof: "15.19-tit'hen slgus are erected giving notice thereof no person shall operate a vehicle of five (5) tons gross weight, or over, on Main Street from West Second Street tc West Thirteenth Street, or on Grandview Avenue from Mt, Car- mel to Kane Street except intro city busses and ve~iclea actually' engaged in making deliveries o or servicing said streets and the busi- nesses, residences. or other estab- ]ishmente actually abutting on said streets.° Section 2. This Ordinance sha13 be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 5th day of Oeto- v~er, 1959. Rule requiring reading on three: separate days suspended by unah- tmoue vote the 5th day of October, ls5s, Regular Session, October 5, 1959 447 Pawed by recorded roll call vote, adapted and approved this 5th day ,, of October, 1959. ` CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO AT. SCHUELLER CLARENCE P. WELU PETER 7. TAKOS Councilmen Attest: Leo F. Frommelt City Clerlc Published officially in The Tele- graph-Herald Newspaper this 9th day oP October 1959, LEO F, FROMMELT lt. 10/9 City Clerk Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of R, F. Sefzik objecting to the twenty minute parking being proposed in down- town alleys, presented and read. Councilman Freund moved that action on the communication be deferred for further consideration. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Mr, Jack Peck addressed the Council by making inquiry as to what consideration would be given in the unloading of large semi trucks making warehouse deliv- eries. Mr, Diclc Henschel asked for consideration of parking construe- lion equipment longer than a twenty- minute period, NIr. Sefzik was of the opinion that the big• gest problem is the parking of private cars in the alleys, ORDINANCE N0. 54.59 An Ordinance Granting the Chi- cago, Great Western Railway Com- pany, its Successors and Assigns, the Right to Construct, maintain and operate an Industry track from the Present Terminus of its Present Track in Congressional Lot 8 in the City of Dubuque, along an Easement across Public Ground shown in yellow upon the Plat attached hereto, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Talcos, Welu. Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE N0. 54.59 An Ordinance Granting the Chi- cago, Great Western Railway Com- pany, its Successors and Assigns, the Right to Construct, Maintain and Operate an Industry Track from the Present Terminus of its Present Track in Congressional Lot 8 in the City of Dubuque, along an Easement across Public Grcllnd shown in yellow upon the Plat attached hereto, BE IT ORDAIlVED BY THE CITY COUNCIL OF THE CITY OF DUBURUE, IOWA: Section 1, That permission be and the same is hereby granted to Chicago, Great Western Railway Company, its successors and as• signs, to lay down, operate and maintain an industry track from the present terminus of its present track in Congressional Lot 8 iu the City of Dubuque along an easement across public ground shown in Yellow upon the plat attached hereto, marked "Rail- road Easement" to Chicago, Great Western Railway Company, as pre- pared for Board of Dock Commis• stoners by Bartels & McMahan for City of Dubuque, Iowa 1958 Dredg- ing Project No, 1, revised Septem- ber 23, 1959; Section 2. That the top of the ties of said track shall conform to the grade of the fill of said City of Dubuque, Iowa 1959 Dredg- ing Project No. 1 in the area where said easement is herein- before established, but the City of Dubuque by this Ordinance agrees to do the necessary grading to re• duce the easement to sub-grade, sufficient that proper ballast will 448 Regular Session, October 5, 1959 Regular Session, October 5, 1959 449 bring the top of the ties to the grade herein required; Section 3. The right is hereby re- served in the City of Dubuque to establish street crossings at grade across said easement subject, how- ever, to the obligation in the City to construct and maintain such crossings and all necessary cross- ing protection devices; Saction 4, That the right is re- served in the City of Dubuque to authorize abutting property own- ers or tenants of abutting prop- erty, to construct, at their awn expense, private crossings at the points marked in blue on said at- tached plat, and at such further points as the City Council may, by Resolution, direct; Section 5. The permission herein granted is subject to the prior right in the City of Dubuque, its agents, licensees and permittees to construct drains, sewers and other public utilities across, over or un- der said easement; Section 6. The permission herein granted is subject to the easement for underground conveyor hereto- fore granted to CARADCO by the City of Dubuque; Section 7. It is further expressly stipulated and provided that all railroad companies now operating tracks in the City of Dubuque shall be entitled at any time to have their cars transferred over the track herein authorized and all in• termediate tracks of said company which may be necessary to be used in order to connect with the track herein authorized upon the pay- ment of such switching charges as may be uniformly applied within this City and accepted as reason- able between railroad companies operating within the City; Sectioro 8. That the construction of said track shall be commenced as soon as practical and the work thereon shall be continued with all reasonable diligence and be completed on or before June 1, 1960 unless delayed by causes not within the control of permittee, and permittee's obligation hereun- der shall be construed to be a con- tract far the benefit of owners or tenants of the area to be served by said industry track as third party beneficiaries, as well as the City of Dubuque; Section 9. This Ordinance shall be in full force and effect after its adoption and publication as pro- vided by law and further after the terms and conditions hereof have been accepted in writing by the railroad company by an acceptance filed with the City Clerk, Passed, adopted and approved this 5th day of October A. D. 1959. CHARLES A. KRVTZINGER Mayor GEORGE A, FREUND. LEO N, SCHUELLER CLARENCE P, WELU PETER J, TAKOS Councilmen. Attest: LEO F, FROMMELT City Clerk Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler, Carried by the following vote; Yeas-Mayor I{intzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Councilman Freund moved the adoption of the Ordinance, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 9VOTE: The above Ordinance was never published and never be- came effective and same was re- pealed, See Section 10 of Ordi- nance No, 59.59, October 5; 1959 The Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The petition of Ned Walling et al requesting rezoning of lot 3, Krayers Sub, 61 West 23rd Street from two family residence district classification to Business District Classification has been considered by the Planning and Zoning Com- mission. This lot is bounded on the east and the north by Business District and the Planning and Zoning Com- mission recommends granting of the petition. Respectfully submitted, Irvin Oeth, Chairman Councilman Freund moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDlfdANCE {d0. 55.59 An Ordinance Amending Ordi- nance No. 3-34, known as the zon- ing Map and Zoning Ordinance of the City of Dubuque, so as to clas- sify the herein described property as Business District, presented and read, Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilmen Welu, Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on November 2, 1959, at 7:30 P, M, in the Councii Cham- ber at the City Hall and that the Clerk be instructed to publish no- tice of same as required by law.. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. October 5, 1959 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning and Zoning Com• mission has considered the request of Hillcrest Builders Inc, for re- zoning lots 1, 2, and 3 of Block 5, Rolling Ridge Sub, No. 2 from single family residence district to Local Business District A, These lots are in a new undevel• oped area adjacent to a present Local Business District, and the Planning and Zoning Commission recommends granting the petition, Respectfully submitted, IRVIN OETH, Chairman Councilman Schueller moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE id0. 56.59 An Ordinance Amending Ordi- nance No. 3.34, known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque, so as to clas- sify the herein described property as Local Business District A, pre- sented and read, Councilman Freund moved that the reading just had be considered the first reading of the Ordinance, Seconded Eby Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the Ordinance be set dawn for a public hearing to be held on No• vember 2, 1959, at 7,30 P.M, in the Council Chambers at the City Hall and the Glerk be insttucted to publish notice of same as required 450 Regular Session, October 5, 1959 by law. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor I{intzinger, Cotm• oilmen Freund, Schueller, Takos, Welu. Nays-None. October 5, 1959 The Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of William J, Byrne and Francis Kelly requesting re- zoning of lot 1 of 1 of 1 of l of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67; 1ot2of2ofloflof2oflof 2 of 1 of 1 of Mineral Lot 67, and lot 2 of 13 of Thomas E, Byrne Sub. from two family residence district classification to multiple residence district classification has been con- sidered by the Planning and Zon- ing Commission. This property is located just north of Dodge Street at Bryant on an old Ruarry ledge. The adja- cent property to the east is now multiple family and to the south, Local Business B. The commission recommends to the City Council that this area be rezoned to multiple family resi- dence district as requested, Respectfully submitted, IRVIN OETH, Chairman Councilman Schueller moved that the recommendation of the Planning & Zoning Commission. be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu; Nays-None, ORDINANCE PdO. 57-59 An Ordinance Amending Ordi• nonce No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque, so as to classify the herein described prop- erty as Multiple Family Residence District, presented and read, Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor I{intzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- rnen Freund, Schueller, Takos, Welu. Nays-None, Councilman Freund moved that the Ordinance be set down for a public hearing to be held on No• vember 2, 1959 at 7:30 p.m. in the Council Chambers at the City Hall and that the Clerk be instructed to publish notice of same as required by law. Seconded by Councilman Schueller. Carried by the follow ing vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Talcos, Welu. Nays-None, Petition of Mrs. J. P, Miller of 480 E, 14th Street requesting con• sideration of some type of traffic control as to the regulation of heavy trucks, speed etc., in the area of 14th Street and Elm, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Traffic Department fm• further investigation. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Mary L, Ness et al requesting the installation of street lights at 12th & Bluff and slow signs at 13th and 14th on Bluff street, presented and read. Coun- cilman Welu moved that the peti- tion be referred to the City Man- ager and Traffic Department for investigation and report, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos; Welu. Nays-Nano, Petition of Loris College request- ing permission to use fireworks in connection with the annual home- coming pep meeting to be held on Friday evening October 23, 1959, presented and read, Regular Session, October 5, 1959 451 Councilman Welu moved that the petition be granted. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None. Petition of Mrs. Eugene P, Mc- Carthy et al requesting restriction of parking on Hillcrest Road from 7;30 a.m. to 5:00 p.m., Monday thru Friday, until sidewalks are in- stalled to insure the safety of chil- dren walking to and from school, presented and read. Councilman Freund moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs. V. Steckel et al requesting the installation of a street light at the alley adjacent to 1670 Wood Street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None, Petition of R. N. Russo, Police Judge, requesting permission to attend .the Traffic Institute at Northwestern University during the week of October 12th to 16th, pre- sented and read. Councilman Schueller moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None, Petition of Joseph Giese et al re- questing the installation of a street light on Roosevelt Street between 2355 and 2451, presented and read. Councilman Takos moved that the petition be referred to the City Manager and Electrical Inspec- tor for investigation and report, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Cwtis-Straub Co. re~ questing permission to excavate in Davis Avenue for water connection to St. Francis Home of the Aged, presented and read, Councilman Welu moved that the petition be referred to the City Manager to be taken up with the plumber and Sisters at the Home, Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cllmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Dubuque Baseball Inc, requesting pernssion to pass bal- lots and hold an election on the following proposal "Should the City of Dubuuue hold an election far a bond issue for the purpose of constructing a new baseball park?" and further requesting that the Council furnish funds from the Recreation Fund in an amount to provide adequate lighting at the Fourth Street ball park, presented and read. Mayor Kintzinger moved that the request for the straw bal- lot be approved for the November 3rd election. Seconded by Council- man Welu, Carried by the follow- ing vote: Yeas-Mayor Iintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Councilman Welu moved that the expenditure for lighting as request• ed be approved and the Recreation Commission cooperate, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos,. Welu. Nays-None, Mr. D. B, Graves and Greg Cor- henwere present as representatives of Dubuque Baseball Inc, and stated that they were of the opim ion that the lighting expenditure would be in the neighborhood of $4000,00. They were asked if pro- 452, Regular Session, October 5, 1959 vision was made to improve the lighting at the Fourth Street Ball Park if that would suffice as to the amount of total expenditure, They answered in the affirmative. Petition of Harold E. Rucks re- questing permission to utilize the property at 1471 Dodge fora pro- fessional office, presented and read, Councilman Freund moved that the petition be referred to the Planning & Zoning Commission, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Petition of Henry C, Arnold et al requesting an estimated cost of constructing a sanitary sewer in Valley Sheet, presented and read. Councilran Welu moved that the petition be referred to the City Manager far investigation and re• port. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, Petition of Helen Cahill request- ing a $75 refund on the unexpired portion of cigarette License No. 55, as she has discontinued business on September 1, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Helen Cahill, in the amount of $75, to cover the amount due on the unexpired por- tion of cigarette License No. 55. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men, Freund, Schueller, Takos, Welu. Nays-None, Petition of Dubuque Sports Bowl requesting a $100 refund on the un- expired portion of Class B beer license No. 23, as they have dis- continued business on September 19, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Dubuquo Sports Bowl, in the amount of $100, to cover the amount due on the unex• pired portion of Class B beer li- cense No. 23. Seconded by Counci]• man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of Dubuque Baseball Inc,, requesting a $100 refund on the unexpired portion of Class B beer permit No. 19, as they have discontinued business on Septem- ber 10, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Dubuque Baseball Inc, in the amount of $100, to cover the amount due on the unexpired portion of Class B beer permit No. 19, Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Petition of John Petrakis request- ing a $75 refund on the unexpired portion of cigarette license No. 282, as he has discontinued business on August 14, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to John Petrakis, in the amount of $75, to cover the amount due on the unexpired por- tion of cigarette License No. 282, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Petition of Dorothy Murphy re• questing a $75 refund on the un- expired portion of cigarette license No, 254, as she has discontinued business on September 26, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war- rant payable to Dorothy Murphy,. in the amount of $75, to cover the amount due on the unexpired por. Regular Session, October 5, 1959 453 tion of cigarette license No. 254. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Petition of Dorothy Murphy re• questing a $150 refund on the unexpired portion of Class B beer permit No, 59, as she has discon• tinned business on September 26, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Dorothy Murphy, in the amount of $150, to cover the amount due on the unexpired por- tion of Class B beer permit No. 59. Seconded by Councilman Schueller. Carried by the following vote; Yeas-14iayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, Petition of Glaser's Super Ser- vice requesting a $75 refund on the unexpired portion of cigarette license No. 227, as they have dis- continued business on September 1, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Glaser's Super Ser- vice, in the amount of $75, to cover the amount due on the unexpired portion of cigarette license No, 227, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Petiticn of Erwin J. Hafeman requesting a $75 refund on the un• expired portion of cigarette license No. 118, as he has discontinued business on September 30, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant to Erwin J, Hafeman, in the amount of $75, to cover the amount due on the unexpired portion of cigarette license No. 118. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None, Petition of Clifford Banks re- questing a $75 refund on the un- expired portion of cigarette license No. 257, as he has discontinued business on September 30, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Clifford Banks, in the amount of $75, to cover the amount due on the unexpired por- tion of cigarette license No, 257. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Richard T. Sheldon requesting a $75 refund on the unexpired portion of cigarette li• cense No, 168, as he has discon- tinued business on September 30, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to issue a war• rant payable to Richard T, Sheldon, in the amount of $75, to cover the amount due on the unexpired por- tion of cigarette license No. 168. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None. Petition of Richard T. Sheldon requesting a $150 refund on the un- expired portion of Class B beer permit No. 48, as he has discon- tinued business on September 30, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw awar- rantpayable to Richard T, Sheldon, in the amount of $150, to cover .the amount due on the unexpired portion of Class B beer permit No, 48, Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs, Josephine Win- gert requesting a $150 refund on the unexpired portion of Class B 454 Regular Session, October 5, 1959 beer permit No. 43, as she has dis- continued business on September 30, 1959, presented and read, Councilman Freund moved that the refund be granted. and the Auditor instructed to draw awar- rantpayable to Mrs. Josephine Win- gert, in the amount of $150, to cover the amount due on the un- expiredportion of Class B beer per- mit No, 43. Seconded by Council- man .Schueller, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, Petition of Mrs. Josephine Win- gert requesting a $75 refund on the unexpired portion of cigarette license No. 24, as she has discon- tim~ed business on September 30, 1959, presented and read, Councilman Freund moved that the refund be granted and the Auditor instructed to draw a war- rant payable to Mrs. Josephine Wingert, in the amount of $75, to cover the amount due on the unexpired portion of cigarette li- cense No. 24, Seconded by Council- man .Schueller, Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, Petition of Estate of Albert Met•, calf by Margaret Metcalf request- ': ing a $100 refund on the unexpired ~' portion of Class B beer permit No. ~I 158, as `business was discontinued on September 18, 1959, presented ': and read, Councilman Freund moved that the refund be granted and the' Auditor instructed to draw away-' rant payable to Margaret Metcalf I in the amount of $100, to cover the amount due on the unexpired" portion of Class B beer permit No. i 158, subject to receipt of letters testamentary by Margaret Metcalf as Executrix of the Estate of Al-' best. Metcalf deceased, Seconded' by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, Petition of Estate of Albert Met- calf by Margaret Metcalf request- ing a $75 refund on the unexpired portion of cigarette license No, 230, as business was discontinued on September 18, 1959, presented and read. Councilman Freund moved that the refund be granted and the Auditor instructed to draw a war- rant payable to Margaret Metcalf in the amount of $75, to cover the :amount due on the unexpired por- tion of cigarette license No. 230, subject to receipt of letters testa- mentary by Margaret Metcalf as Executrix of the Estate of Albert Metcalf deceased, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None. Proof of Publication, certified to by the Publisher, of Notice to con- tractors of the Receipt of Proposals for the construction of the Thomas Place sanitary sewer, presented and read. Mayor Kintzinger moved that the proof of publication be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu, Nays-None, October 5, 1959 T'o the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were re- ceived until 10:00 a.m. October 5, '1959 fm the construction of a sanitary sewer on Thomas Place, The lowest bid submitted was en- tered by the Saffron Construction Company of Dubuque, Iowa. A tabulation of the bids received are attached, I recommend that the contract for the improvement be awarded to the Saffron Construction Com- pany. Respectfully submitted, L, J, SCHILTZ, City Manager Regular Session, October 5, 1959 455 Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-Alone, (Awarding Contract) RESOLUTION N0.225-59 Whereas, sealed proposals have been submitted by contractors for the construction of an eight inch (8") sanitary sewer in Thomas Place from the- existing manhole in Thomas Place opposite Lot No, 1 of 48 of Dreibilbies Addition north- easterly in Thomas Place to the East 109~/a feet of Lot 1 of 1 of Mineral Lot 470 pursuant to Reso• lution No. 211-59 and notice to bidders published in a newspaper in said City on September 11, 1959 and September 18, 1959; and Whereas, said sealed proposals were opened and read on October 5, 1959, and it has been determined that the bid of Saffron Construc- tion Co, of Dubuque, Iowa in the amount of $4,790.00 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above men• tinned improvement be awarded to Saffron Construction Company of Dubuque, Iowa and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the compelte performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 5th day of October, 1959. CHARLES A, KINTZINGER, Mayor GEORGE A. FREUND, LEO N, SCHUELLER, CLARENCE P, WELD, PETER J, TAKOS, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu, Nays-None, RESOLUTION N0.226-59 Whereas, Neil Lutes, as owner of the abutting property, has of- fered to purchase vacated Keppler Street, far forty dollars; and Whereas the City Engineer has prepared and submitted for Council approval a plat of said vacated Keppler Street, assigning to it the designation of The East '/z of Lot 15, and the West r/z of Lot 14, both in Little- ton and Sawyer's Addition in the City of Dubuque, Dubuque Coun- ty, Iowa; and. Whereas before said proposal may be acted on a public hearing must be held thereon; Now Therefore, Be It Resolved by the City Council of the City of Dubuquo, Iowa: Section 1. That the plat of vacat• ed Keppler Street, as prepared and submitted by the City Engineer, be and the same is hereby ap• proved; Section 2. That the proposal of Neil Lutes to purchase the East '/z of Lot 15 and the West ~/z of Lot 14, both in Littleton and Sawyer's Addition in the City of Dubuque, Dubuque County, Iowa, be and the same is set down for public hearing on the 2nd day of November, 1959, and that the City Clerk be and he is hereby authorized and directed to publish notice of said hearing in the manner provided by law. Passed, adopted and approved this 5th day of October, A.D. 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND, LEO N, SCHUELLER, CLARENCE P, WELU, PETER J, TAKOS, Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the rosolution, Second- ed by Councilman Freund. Carried by the following vote: ''' ~',~~ ;'~ , 456 Regular Session, October 5, 1959 Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, October 5, 1959 To the Honorable Mayor and City Council, City of Dubuque, Dubuque, Iowa, Gentlemen: The Southern Ave- nue Sanitary Sewer -Bid Section No, 2 has been completed by the McDonnell Excavating Service. This section of the Southern Avenue Sewer is from the City Limits to the Catfish Creek Sanitary Sewer, I, therefore, recommend that Bid Section No. 2 of the Southern Ave- nue Sewer be accepted, Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Welu moved that the recommendation of the City Man• ager be approved, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu, Nays-None. Final Estimate City at Dubuque, Ic(va RESOLUUTION N0. 227.59 Whereas, the contract for the Southern Avenue Sanitary Sewer- Bid Section No, 2-has been com- plete dand the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, that the cost of said improvement is hereby determined to be $11,560.37. That $0.00 of the cast thereof shall be assessable upon private property and $11,560.37 shall be paid from the Sanitation-Sewage Rental Fund of the City of Dubuque, Passed, adopted and approved this 5th day of October, 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J, TAKOS Councilmen. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Attest: LEO F. FROMMELT, City Clerk, (A Resolution Accepting Improvement) City of Dubuque, Iowa. RESOLUTION N0. 228.59 Whereas the contract for the Southern Avenue Sanitary Sewer Bid-Section No. 2~has been com- pleted and the City Manager has examined the work and filed his certificate stating that the same has been completed according to' the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement beand the same is here- by accepted and the City Engineer be and he is hereby directed to prepare a plat for said improve• ment and file the same in the of- fice of the City Clerk subject to public inspection. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the Sanitation-Sewage Rental Fund upon the above described im- provement in amount equal to the amount of his contract, less any retained. percentage provided for therein. Passed, adopted and approved this 5th day of October, 1959, CHARLES A. KRVTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen. Attest; LEO F. FROMMELT, City Clerk. Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welv, Nays-None. Regular Session; October 5,..1959 457 RESOLUTION N0. 229.59 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City, Name Address Irvin J. Hutter, 2412 Central Avenue, Alonzo (Barney) Kostle, 400 Rhomberg Avenue. Aubrey H. Sheldon, 201 Main Street. Mark R. Smith, 968 Bluff Street, Dale W. Young, 475 Central Avenue. Wartburg Seminary Snack Bar, 333 Wartburg Place, Be It Further Resolved That the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of October, 1959. CHARLES A, KINTZRQGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P, WELD PETER J. TAKOS Councilmen, Attest; LEO F. FROMMELT, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller, Car• ried by the following vote: Yeas-Mayor Kintzinger, Caun- cihnen Freund, Schueller, Takos, Wetu, Nays-None. RESOLUTION N0, 230.59 Whereas, Applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing applications be granted and licenses be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Clement R, Fleckenstein, 2995 Central Avenue, Mrs. Florence F, Brede Herburg- er, 2987 Jackson Street, Irvin J. Hutter, 2412 Centrat Avenue. Alonzo Kostle (Barney), 400 Rhomberg Avenue, Mrs. Anna.. Kramer, 55 East 7th Street. Rita B. Love, 802 Iowa Street. Mary W. Nacos, 720 Iowa Street, Joseph E. Reisdorf, 1101 Rhom- berg Avenue. Dale W, Young, 475 Central Avenue, George J. Zillig,, 342 Eighth Avenue, Mark R. Smith, .400 Central Avenue, Robert M. Smith, 1563 Central Avenue. Mrs. Regina Schmidt, 36 West 4th Street. CLASS "B" CLUB PERMIT Disabled American Veterans (D.A,V.); 951r/z Main St. Veterans of Foreign Wars Post 508, 2327 Central'Avenue, CLASS "C° PERMIT Merlin Apel, 1195 Dodge Street, Be It Further Resolved that the bonds filed. by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of Oetober, 1959, CHARLES A, KDVTZINGER, Mayor GEORGE A, FREUND, LEO N, SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, Councilmen Attest; LEO F, FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Conucilman Schueller, Car• ried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller,. Takos, Welu, Nays-None, RESOLUTION N0, 231-59 Whereas, heretofore applications for Beer Permits were filed by the within named .applicants and they have received the approval'of this Council, ahd Whreas, the premises to be oc- cupied by such applicants were in• spected and found to comply with the ordinances of this City and they have filed proper bonds: Now, Therefore, 9 'ia 45$ Regular Session, October 5, 1959 Special Session, Octobex 9, 1959 459 `• Be It Resolved by the City Coun• cil of the City of Dubuque that the There being no further business Councilman Welu ed t d- s~~ ~ ~,~ o ~ 1r ~`~ ~ ~ I{ ~ ~~~ ~ f ~ [ ~ ~ Respectfully submitted this 9th day of October 1859 Ma b d h i i mov o a , , u ~ ~ ' ~ r I `~ ~ ~'7 i ~ . nager e an e s d rected to burn. Seconded by Councilman ~ ~ CHARLES A. 'KINTZINGER issue to the following named ap• Freund. Carried by the fallowing (OFFICIAL) Mayor plicants a Beer Permit, vote: Special Session October 9 1959. LEO F• FROMMELT Y CLASS "B" PERMIT Yeas-Mayor Kintzinger, Council• Council met at 4:30 P.M. Clerk Nam Addre s men, Freund, Schueller, Takos, Present -Mayor Kintzinger, Councilman Freund moved that ~~ ; e s Welu. , Welu• City Councilmen Freund the communication be received _ ' Clement R• Fleckenstein, 2995 Nays-None. , er Schiltz• and made a matter of record, Sec- ~ Central Avenue, onded by Councilman Welu• Car- ' ~ Mrs. Florence F. Brede Herbur• Adapted ....................................1960 Absent-Councilman Schueller, . g vied by the following vote; , ... ', ger, 2987 Jackson Street, Tako Yeas-Mayor Kintzinger, Coun- Irvm J• Hutter, 2412 Central Av' Approved 1980 . : Mayor Kintzinger read the call ctlmen Freund, Welu. enue, ...................• .. ....•....... and stated that service thereof ~ Nays-None., y Alonzo (Borne) Kostle 400 ••„••,•,••••,,,,,••„•,•••,•• •,•„ had been dul made and that this y Absent-Councilmen Schueller, Rhomber Avenue. g meetin is called for the purpose '~ g Takos. Mrs. Anna Kramer, 55 East 7th of submittm a report an the can, g Street. •••••• •••••••••••••••••••••~~•••••••• vass of petitions for nominations i{ RESOLUTION N0.232.59 b Rita R. Love, 802 Iowa Street. for Municipal officers and the I Resolution providing for aMuni- I Mary W. Nacos, 720 Iowa Street. Councilmen adoption of a resolution directing cipal Primary Election in the City Joseph E, Reisdorf, 1101 Rhom- .• ...............••,•••.,,,.... ,,, t~iat a Municipal Primary Election .of Dubuque, Iowa on October 20, berg Avenue, be held and acting on any other 1959- and directing publication of Dale W Young, 475 Central Av. ~ business as may properly come be• ! Notice thereof, enue. fare a regular meeting of the City ~ Whereas the Mayor and City George J, Zillig, 342 Eighth Av. Council, j Clerk have made their report of enue• . ••••••••••••~~••••••~••••••••••••~•~•• 1959 ~ October 9 the results of their canvass of the Mark R, Smith, 400 Central Av , petitions for nomination of per- enue, Attest : .............••...•.•........••..•••,•,.••.. To the Members , sons desiring to become candi• Robert M• Smith, 1563 Central City Clerk of the City Council, dates at the Municipal Election to Avenue. Dubuque, Iowa '; be held November 3, 1959; and Mrs• Regina Schmidt, 36 West Gentlemen: Whereas it appears from said re- 4th Street. e have this date canvassed the ~ ort that more than twice the p. number of candidates have quali• I ~~ ~~ CLASS B PERMIT FOR etitions for nominations for Mu , p fled as such for the office of City PRIVATE CLUB nicipal officers to be voted on at Councilman that may be :elected Disabled American Veterans the Municipal Election to be held ~ on file in ~ 1959 on November 3 to said office and that a Munici- Club (D.A.V•), 951~Z Main Street, , , ~ the office of the City Clerk at the pal Primary Election is required to be held to determine the nomi• - Veterans of Foreign Wars Post i close of the business day on Oe- ~ nees for said office in .accordance 508, 2327 Central Avenue, tober 6, 1959, and find said can, with the laws of Iowa; vass as follows: ! Now Therefore, Be It Resolved CLASS "C" BEER PERMIT OFFICES FOR WHICH A ', By the City Council of the City Merlin Apel, 1195 Dodge Street. PRIMARY ELECTION ', of Dubuque, Iowa: Passed, adopted and approved IS REQUIRED ' Section 1. That a Municipal Pri• this $th day of October, 1959. mart' Election be held in the City " ~ CHARLES A, KIlVTZINGER COUNCILMEN of Dubuque, Iowa on October 20, , Mayor Nominees; -Frederick R, Appel, 1959 between the hours a£ 7:00 GEORGE A FREUND David E, Burkart, Mrs. Anthony o'clock A• M, and 8:00 o'clock P• i . , LEO N SCHUELLER J. Eberhardt, William Fransen, M, to elect four nominees for the , , Cyril P. Frommelt, Maurice office of Councilman to succeed CLARENCE P. WELU, Gassman, James L. Heiderscheit, the two Councilmen whose terms PETER J. TAKOS, Richard C. Henschel, William A• expire December 31, 1959; Councilmen Hill Jr., Robert J. Horgan, Ger• Section 2. That said Election be Attest: LEO F• FROMMELT, old Kressig, Robert Ohnesorge, held in the several voting pre, City Clerk Louis Schaller, .John Schreiber, civets of said City as heretofore Councilman Welu moved the Charles K, Bitterly Charles E, ~ a of said determined by Ordinanc s adoption of the resolution. Second, Thurston, John J. Waltz, lhn laces within the City The po g p ed by Councilman Takos• Carried .OFFICE FOR WHICH NO respective election precincts shall by the following vote: PRIMARY ELECTION be as follows: Yeas-Mayor Kintzinger, Council• 1 IS REQUIRED First Precinct: Bryant ,School, 1200 i men Freund, Schueller, Takos, PARK COMMISSIONERS Rush Street Second Precinct: Washington Jr, Welu• Nominees: -Robert W. Borley, High :School, 51 N. Grandview Nays-None. Fred W. Fuhrman Avenue, I ,~' 460 Special Session Third Precinct: Franklin School, 39 Bluff Street. Fourth Precinct: County Court House, 7th Street & Central Avenue Fifth Precinct: Lincoln School, 1101 West Fifth Street Sixth Precinct; No. 4 Engine House, University Avenue and Atlantic Street Seventh Precinct: City Hall, 13th & Central Avenue Eighth Precinct; Chamber of Com- merce, 9th & Locust Streets Ninth Precinct: 18th Street Engine House. Tenth Precinct: Central School, 1500 Locust Street Eleventh Precinct; St. Paul's Luth• eran School, 2017 Jackson Street Twelfth Precinct: Fulton School, 2640 Central Avenue Thirteenth Precinct: Holy Ghost School, 2901 Central Avenue Fourteenth Precinct; Audubon School, 535 Lincoln Avenue Fifteenth Precinct: Marsha 11 School, 1450 Rhomberg Avenue Sixteenth Precinct: Irving School, 2520 Pennsylvania Avenue. Section 4. That the City Clerk shall have the ballots for absent voters prepared in accordance with the laws of Iowa applicable thereto, Section 5. That the City Clerk is hereby directed to forthwith cause to be published in the Tele- graph-Herald, a newspaper pub- lished within the City of Dubuque, in proper form, the names of the candidates as they are to appear upon the Municipal Primary Bal- lot. Na ballot shall have a party designation thereof. Passed, adapted and 'approved this 7th day of October, 1959, CHARLES A. KINTZIlVGER Mayor GEORGE A, FREUND CLARENCE P, WELU Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution, Sec- onded by Councilman Freund, Car• ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Welu, Nays-None. .Absent -Councilmen Schueller, Takos. ,October 9, 1959 Councilman Freund moved that the fallowing named persons be appointed to serve as Clerks and Judges at the Primary Election to be held on October 20, 1959 and also for the General Election to be held on November 3, 1959. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Welu, Absent-Councilmen Schueller Takos. Nays-None. FH1ST PRECINCT-Clerks. Jose• phine O'Brien, Lillian Janes. Judges. Harry Krakow, Margaret Cannon, Bernice McCauley. SECOND PRECINCT -Clerks. Natalie Conlon, Julia Heuser, Judges. Donna Klinker, Emma Elv- ers, Dorothy Kline. THIRD PRECINCT-Clerks. Vera S, McAllister, Eunice Kilby. Judges. Anna Kingsley, Viola Rettenmeier, Edna Wunderlich, FOURTH PRECINCT -Clerks, Georgina Millius, Kay McEvoy. Judges. Elinor Freund, Emma Os- born, Neva Shoars. FIFTH PRECINCT-Clerks, Mary Burd, Ruby Steuck. Judges. Ida Farnan, Grace Wright, Blanche Hird. SIXTH PRECINCT -Clerks. Helen Schadle, Louise Forward. Judges. Margaret Schlegel, Millie Cords, Olive Satterlee. SEVENTH PRECINCT -Clerks. Loretta Goff, Alexia Hanley, Judg- es, Emma VanVleet, Hubert Meis- sen, Ruth Grimme. EIGHTH PRECINCT -Clerks, Anna Weber; Ann Hubbard. Judg• es. Frances Heles, Jane Fuhrman, Agnes Hird, NINTH PRECINCT -Clerks. Belle Leidinger, Mildred Ifoehler. Judges. Mary Casutt, Florence Benzer, Emma Hinz, TENTH PRECINCT -Clerks, Mary Behr, Loretta Kammueller, Judges, Florence Powers, Lillian Fettkether, Ann Kunz. ELEVENTH PRECINCT-Clerks. Ida Murray, Hazel Kirkwood. Judg- es. Lucy Voelkert, Eleanor Pfiff- ner, Hilda Hoeflin, Special Session, October 9, 1959 4til TWELFTH PRECINCT-Clerks. Minnie Recker, Elsie Bottge. Judg- es. Pearl Sartor, Linda Grashorn, Ida Biehl. THIRTEENTH P R E C I N C T- Clerks, Freda Foell, Mabel Essman. Judges. Veronica Schueller, Rose Gulick, Charles Haudenshieid. FOURTEENTH P R E C I N C T- Clerks, Loretta McAndrews, Gwen Bohn, Judges. Alma Howe, Gladys Jansen, Amanda Millius, FIFTEENTH PRECINCT-Clerks. Minnie Lucas> Helen Pape. Judges. Frances Crippes, Irma Fransen, Gertrude Ihreke. SIXTEENTH PRECINCT-Clerks. Maretta Donegan, Helen Schetgen, Judges. Leo Siegert, Ethel Asmus- sen, Ethel Hostetter. October 7, 1959 To the Honorable Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: In accordance with the provi• sions of Chapter 365 of the Code of Iowa 1954, the Civil Service Commission conducted a promo• tional examination on September 3, 1959 for the position of Fire Equipment Operator. This examination was given to comply with the directive given by your honorable body at its regu- lar meeting of July 6, 1959, which was as follows: "That the City Manager be and he is hereby directed not to fill any vacancies in the position of Engineer in the City Fire Depart• ment hereafter and that, upon the death, promotion or retire- ment of all of the present incum- bents of said position the posi- tion of Engineer in the City Fire Department be abolished; that it is in the best interest that the grade or classification of FHtE EQUIPMENT OPERATOR in the City Fire Department be and the same is hereby put under Civil Service and that an exam- ination for the position be held as soon as possible for al] men with at least four years service" The following are the names of those who passed with an average of seventy percent or better. Robert H. Kaiser ................80 % Eldon H. Strohmeyer ..,..,..77i/s% Julius N. Neyens ,,,,,,,,,,,,,,,,75r/a% E. J. Flick ............................75r/s% Francis L. McDermott ,,.,..74z/a% Edward J. Weber ....„,,..,..74z/a% Elmer V. Meissen ,.,.,,.,....73~/a% Virgil Phillips ....:...............72z/a% Paul N. Schuster ................72 % Fred G, Lay ........................70 % Respectfully submitted, LOUIS J. LAGEN J. A. CAREW Commissioners Civil Service Commission, Attest: LEO F, FROMMELT, Clerk, Subscribed and sworn to before me this 7th day of October, 1959. JOHN DAVIS, Notary Public (Notarial Seal) Councilman Welu moved that the communication be received and made a matter of record. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Welu. Nays-None. Absent-Councilmen Schueller, Takos, Communication of American Municipal Association extending an invitation to attend the 36th An- nual American Municipal Congress in Denver November 29 to Decem• ber 2, 1959, presented and read. Councilman Welu moved that the communication be referred to the Council. Seconded by Mayor Kint• zinger, Carried by the following votes Yeas-Mayor: Kintzinger, Coun• clmen Freuhd, Welu. Nays-None, Absent- Councilmen Schueller, Takos, Notice ' of claim of Lee June Kuse, in an un-named amount, for personal injuries received in a fall at 1897 Clarke Drive on September 26, 1959, presented and read. May- or Kinzinger moved that the claim be referred to the City Solicitor 4~2 Speciaj Session, for investigation and report. Sec- onded by Councilman .Freund. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Welu, Nays-None, Absent -Councilmen Schueller, Takos. Petition of Vincent Brimeyer et al requesting the installation of a street light near 610 Napier Street, presented and read. Councilman Freund moved that the petition be referred to the City Manager and Electrical.Inspector for investiga- tion and report, Seconded by Coun- cilman Welu, Carried by the fol• lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Welu. Nays-None, Absent -Councilmen Schueller, Takos. Petition of Francis R. Rohe, re• questing a $50 refund on the un- expired portion of cigarette license No. 174, as he has discontinued business on October 7, 1959, pre• seated and read. Councilman Welu moved that the refund be granted and the Auditor instructed'to issue a warrant payable to Francis R. Rohe, in the amount of $50., to cover the amount due on the unex• pired portion of cigarette license No. 174. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintiinger, Caun• cilmen Freund, Welu, Nays-None. Absent -Councilmen Schueller, Takos: Councilman Takos entered the Council Chamber at 4;45 P,M, and took his place at the Council table. Petition of Dubuque Company requesting that certain parcels of City owned property be deeded to them in order to construct new stock yards and slaughter facilities in exchange far property owned by the Dubuque Packing Company to be deeded- to the .City for the .construction of the 14th. street overpass,. presented and read. Councilman Freund moved that the petition be referrd to the Plan• Octobez• 9, 1659 Wing & Zoning Commission, Sec• onded by Councilman Welu, Car• ried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund,. Takos,. Welu, Nays-None. Absent -Councilman Schueller. Councilman Welu moved that Professor Leroy Giles be appointed to .file the unexpired term of Syl- van Jaenke on the Civil Service Commission to March 31,1960. Sec- onded by Councilman Takos, Car• ried by the following vote: Yeas.-Mayor Kintzinger, Coun• cilmen Freund, Takos, Welu, Nays-None, Absent -Councilman Schueller, There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Kintzinger, Takos, Welu, Nays-None. Absent -Councilman Schueller, LEO F, FROMMELT City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1960 Adopted ......................................1960 Councilmen • ,;,,,,,,,,,;,,,,,,,;,,,,, ,;,,,,, Attest ,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,, City Clerk 9 Special Session, October 21, 1959 463 (QFFICIAL) Special Session, October 21,1959, Council met at 7,30 p.m, Present -Mayor Kintzinger, Councilmen Freund, Schueller, Takos, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering the report of the City Clerk showing the result of the canvass of the election returns of the Municipal Primary Election held October 20, 1959, and acting on any other business as may prop- erly come before a regular meeting of tho City Council. Proof of Publication, certified to by the Publisher, of publication of Municipal Primary Election Ballot of Candidates for nomination for Councilmen at the Municipal Pri• mary Election Tuesday, October 20, 1959, presented and read. 'Councilman Freund moved that the proof of publication be re• ceived and filed. Seconded by Coun• cilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None, October 21,1959 Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 363.24 of the 58th General Assembly, on October 21, 1959, I made a public canvass of the election returns of the Municipal Primary Election held October 20, 1959, and here- with submit the report of the re• suits of said canvass, In accordance with the provisions of said Chapter the following is a list of the nominees for all offices to be filled at the forthcoming Municipal Election; FOR COUNCILMEN for the term commencing the second secular day in January, 1960; Cyril P. Frommelt-Nominated by Primary Election, Charles K. Sitterly-Nominated by Primary Election. Louis Schaller-Nominated by Primary Election, John P. Schreiber-Nominated by Primary Election, FOR PARK COMMISSIONER, regular term, Robert W. Borley-Nominated by Petition, Fred W, Furhman-Nominated by Petition, 464 a N w ~ N F F' uJ 0' N 0 ~ ~ H 'U W W z. ~ ~ J J ~ 0 V as z ~ w ~ T ~ ~ 0 °, ~ U a ? up Za ~~ LL 0 w F 0 Special Session, October 21, 1959 ZSVO a~~o01im~coic~v~~~~~c`~v~w ~ ~son~esos wawcv~nrnctMM~n~nMWrom ~ z3In1Y1 ~w~~i°m°~~°h~~~co~v°roti,r-i~°' c'io 'r uuer uolsanuy orrnou~~oo~~~°~~~~ ° 'ff sajaeg0 ~' BjaalljS °o~~ct0ec~o~~oi`ro~~c°vc00iwc°o cri .x sajaeg0 M M rl H M rl rl r, H rl GV ~ N N aagjaagaS ~am~~wroo'~i°ocooc`~vw°om~o ~ .d auop tvcv~~cvcv ~+,~~ ~cv~cv ~ as e a Cg00rIL~d~I~WLVTIDIf~WCVO~Md~ co IRIS ra~~nmoctrd+~+rw~+~n~o~o r stno~ cv cv ,~ cv M a ,~ ,~ ~ N ti cv ~+ cv ~ a4aosaug0 c~ncMCm~c'~i~c`Dic~icMOMm°wc~N~d o~'i 3aagog o 'a pjeaa0 UB~aO M GV GV M Its W ~Ci Ifs CO tO lf~ d~ C0 07 M CD o 'r3 a~M~~~~~~~M~~~~~o~ as o 'arIIIH ~~~c''o~n%co~rowm~c~'ic°v°'0~ m 'FI n[BIjjTM ~ jagasuaH ~~c~vmmo~°oro~on~oMi~rmc`sv ~ 'a pazgaTlj cv cv ~ ~ M ~ ~ ~ ,•~ ~ ~ ca ~ lja asaa ja ~ i-I G~] ~fJ C] M M M L~ ri l~ d~ tfJ CV ~fJ o ~ ~{ p H d~lOMCVMWMMI~hI N<p~cA tD ~ 'Z saver ueutssz0 ~wooM~o,nr•M~o~~~w ~ aajanzyij ~ ~' ljauzuroa3 ~o~roo~'i~Nmc~icMi~v~rcM,om ~ 'd j[a~f0 w a~ cv ~ cv w ~ ~ cv ~+,~ ~ cv cv cv ~ UaSUBa W N W IfJ CO CV d~ M r1 N rl N CO M e-i O N 3 Mri~CV Mr-I rIMGVMrI +-~MM*•~ ~ meIItIM jpaegaagff'r o~~~~~~wo~mhwo°'i~'do+ ro duogjaV 'salll M cv ,~ ~ c~ ~ ,1 '-+ ,-~ ti ,-i ~ ae an fOO~+MNrowMO~+cocemoor.a~ ct 3 uK ff evMevmevenwrcoevoNevwMev ~+ 'ff pjnsQ M cv r+ ~ cv H ~ ~ ,-i ~ .•i ~ IaddV '2I o~~rocCOOwc~v~~~ow~oc~ic°v~ cMo ~jajaapaag cv N c~ '" '" ~ ,~ ~ ~ ~ b ~ .q .q s~ ai .d ~ ,s7 .L1 as .~1.q .+~ x ~ 3aujaaad '"~~nw~c+onwwo~c~vmw~c"o +' Special Session, October 21, 1959 X65 I, Lea F. Frommelt, City Clerk of Councilman Welu moved that the the City of Dubuque, Iowa, do here• recommendation of the City Man• by certify that on October 21, 1959, alter be approved and that proper I publicly canvassed the Primary proceedings be prepared. Seconded returns to the Municipal Primary by Councilman Schueller, Carried Election held on October 20, 1959 by the following vote: and find the following results: Yeas-Mayor Kintzinger, Coun• Nominated by Primary Election cilmen Freund, Schueller, Takos, for Councilmen: Welu: Cyril P. Frommelt 3759 votes Nays-None, Charles K.' Bitterly 2927 votes October 21, 1959 Louis Schaller 2878 votes To the Honorable Mayor John P. Schreiber 2544 votes and City Council Total number of votes cast 8916. Dubuque, Iowa Respectfully submitted, Gentlemen; ' ' LEO F. FROMMELT, City Clerk I herewith submit the reports of the City Auditor, City Treasurer, Councilman Freund moved that the City Health Department and City report be received and made a Water Works' for the month of matter of record, Seconded by September as well as the list of Councilman Schueller, Carried by claims for which warrants were is- the fallowing vote; sued for the month of September, Yeas-Mayor Kintzinger, Coun- 1959, cilmen Freund, Schueller, Takos, Respectfully submitted, Welu. 'L, J, SCHILTZ, Nays-None. City Manager Councilman Welu moved that the Councilman Welu moved that the Judges and Clerks and Machine In- reports . be received and filed. spectors who served at and before Seconded by Councilman Takos. the Municipal Primary Election Carried by the following vote: on October 20, 1959, he paid the yeas-Mayor Kintzinger, Coun- amount of $10.00 each for services cilmen Freund, Schueller, Takos, rendered as such Judges and Welu; Clerks and Inspectors. Seconded by .Nays-None. Councilman Takos. Carried by the following vote: Proof of Publication, certified Yeas-Mayor Kintzinger, Coun• to by the Publisher, of Statement cilmen Freund, Schueller, Takos, of Receipts and a list of claims for which warrants were drawn during Welu, the month of September 1959, pre• Nays-None. rented and read. Councilman October 20, 1959 Schueller moved that the proof of To the Honorable Mayor publication be received and filed, and City Council Seconded by Councilman Welu. Dubuque, Iowa Carried by the following vote: Yeas-Mayor Kintzinger, Coun• Gentlemen: ' cilmen Freund; Schueller, Takos, Because of the difficulty of Welu. sweeping Rhomberg 'Avenue from -Nays-None, East 20th Street to Windsor Aven• ue due to parking of vehicles dur• QRDIIdANCE N0.58.59 ing all hours of the day, I recom- An Ordinance Amending. Ordin• mend the restriction of parking. ante No. 33.49, known as the Traf- It is therefore recommended that fit Code of the City of Dubuque, all parking be restricted on both by amending Schedule III thereof sides of Rhomberg Avenue from to add Sections 18 and 19 thereto; East 20th Street to Windsor Aven- by Amending Schedule VI'thereto ue on Tuesday from 8:00 A,M, to to repeal Section "v" and Enacting 12;00 A,M, a Substitute therefor; by Amending ...Respectfully submitted, Schedule VIII thereof to repeal L. J, SCHILTZ, section "d" and enacting a substi• City Manager . tute therefor; and by Amending 466 Special Session, October 21, 1959 Schedule VII to repel Section "e" and enacting a Substitute therefor, ~: presented and read, s` ' ~ Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. ~' Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- ;' cilmen Freund, Schueller, Takos, ~; Wela Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Caun• oilman Welu. Carried by the fol- ~~ lowing vote; Yeas-Mayor Kintzinger, Caun- cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE Na, 58.59 An Ordinance Amending Ordi- nance No, 33-49, Known as The Traffic Cade of the City of Du- buque, by amending Schedule III thereof to add Sections 18 and 19` thereto; by Amending Sched• ule VI thereto to repeal Seotion "v" and Enacting a Substitute therefor; by Amending Schedule VIII thereof to repeal section "d" and enacting a substitute there- for; and by Amending Schedule VII to repeal Section "e" and en- acting asubstitute therefor. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1-That Subdivision B of Schedule III of Ordinance No. 33- 49, khown as the Traffic Code of the City of Dubuque, be and the same is hereby amended by adding new Sections 18 and 19 thereto as follows: III-B-18- Kaufmann Avenue ahd Carter Road; 19 -Kaufmann Avenue and dhaney Road." Section 2. That Section "v" of Schedule VI of Oydinance No. 33- 49, known as the Traffic Code, be and the same is hereby repealed and the following enacted in lieu thereof; "VI-v-The north aide of Clarlte drive from I3ee6 Street to Har- old Street." Section 3. That Section "d" of Schedule VII of Ordinance No. 33- 49, known as the Trafffe Code, be and the same is hereby repealed and the following enacted in lieu thereof: 'VH - d -From West Fourth Street to the City Hal] property. and from West Thirteenth Street to West Seventeenth Street in the alloy between Central AVQ- pue and Iowa Street." Section 4 -- That section "e" oP Schedule VII of Ordinance No. 33-49, 'known as the kraffia Code he and the same is hereby repeal- nd and the following enacted In lieu thereof: 'VII - e -From East Fourth Street to 1Jast Eighteenth Street ib the alley' between Central Avenue and White Street," Section 5. This Ordinance shall be in full force and effect .from and after its final passage, adop- lion and publication as by law pro- vided, Introduced the 21st day of Octob• er, 1959. Rule requiring reading on three separate days suspended by un- animous vote the 21st day oP Oc- toher, 1959. Passed by recorded roll call vote, adopted and approved this 21st day of October, 1959. CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P, WELD PETER J. TAKOS Councilmen Attest; LEO F. FROMMI+7LT City Clerk Published officially in the Tele- graph-Herald newspaper this 26th day of October 1959, LEO F. FROMMELT 1t, 10-26 City Clerk Councilman Freund moved the adoption of the Ordinance. Second• ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Iintzinger, Coun• cilmen Freund, Schueller, Takes, Welu. Nays-None. ORDINANCE N0. 59.59 An Ordinance Granting the Chi• cago, Great Western Railway Com• pony, its- Successors and Assigns, the Right to Construct, Maintain and :Operate an Industry Track from the Present Terminus of its present track in Congressional Lot 8 in the City of Dubuque, along. an Easement across Public Ground shown in yellow upon. the Plat at• tacked hereto, presented and read. 'Councilman Freund moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takes, Welu. Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Special Session, October 21, 1959 467 ORDINANCE NO. 59.59 An Ordinance Granting the Chi• cago, Great Western Railway Codtpany, its Successors and As- signs, the Right to Construct, Maintain and Operate an Indus- try Track from the Present Terminus of its Present Track in Congressional Lot 8 in the City of Dubuque, along an Easement across Public Ground shown iri yellow upon the Plat attached hereto. BE IT ORDAINED BY THE CITY COUNCIL OF THD CITY OF DUBUQUE, IOWA; Section 1; That permission be and the same is hereby granted to Chicago, Great Western Railway Company, its successors and as- signs to lay down, operate and malnlain an industry track from the present terminus of its present track in Congressional Lot 8 in the City of Dubuque along an ease- ment across public ground shown in Yellow .upon the plat attached hereto, marked "Railroad Ease- ment" to Chicago, Great Western Railway Company, as prepared for Board of Doclc Commissioners by Bartels & McMahan for City of Dubuque, Iowa, 1958 Dredging Pro- ject Na 1, revised October 21, 1969; Section 2: That the top of the ties of said track shall conform to the. grade of the: fill of said City of Dubuque, Iowa, 1959 Dredging Pro- ject No. 1 in the area: where said easement is hereinbefore estab- lished, but the City of Dubuque by this Ordinance agrees to do the necessary grading to reduce the easement to shbgrade, sufficient that proper ballast will tiring the tap of the ties to the grade herein required; Section 3: The, right is hereby re- served in the City of Dubuque to establish street crossings at grade across said' easement sulijeet, how- ever, to the obligation in the City to construct and maintain such crossings and al] necessary cross- ing protection devices; Section 4; That the right is re- served In the City of Dubuque to Authorize abutting property owners. or tenants of aliuttmg property, to construct, at tke[r own expense; private erossinge at the points marked in blue on said attached platy and- of such further points as the City of Council may, by Reso- lutidn, direct; Seotion 5; The permission herein granted is subject to the prior right in the City of Dubuque, its agents, licensees and permittees to construct drains, sewers and other public utilities across, over or un- der said easement, provided, how- ever, that the speciflcaUons for such facilities shall be subject to approval by the Railway Company and said Railway Company shall be reimbursed for any expense which it may incur in connection Fvth the location, maintenance, construction, repair or removal of any of said drains, sewer or any other public utilities over, across' or under the Raihvay Company easement.. Section 6; The permission herein. granted is subject to the easement for' underground conveyor hereto= fore granted to CARADCO by the City of Dubuque,. .provided, how- ever, that the Railway Company shall be reimbursed for any ex- pence which it may incur in con- nection with the location, mainte- nonce, .construction, repair or re- moval of the aforesaid under- ground conveyor where it Is local- ed under the Raihvay Company easement, Section 7: It is further express- ]y stipulated and provided that all railroad companies now operating traolcs in the City of Dubuque shall be entitled at any time to have their cars transferred over the track herein authorized and all. intermediate fraclts of sa{d company which' may be necessary to lie used in order to connect with the. track. herein authorized upon the Payment of suehslvitch• ing charges as may be uniformly applied within this City and ac- cepted as reasonable between rail- road companies operating within the City; Section 8: That the construction of said track shall be commenced as soon as practical and the work thereon shall be cohtinued with all reasonable diligence and be completed on or before June 1, 1960, unless delayed by causes tiot within the control of permrttee, and permittee'a obligation hereun- der shall be construed to be a con- tract far thebenefit of owners or tenants of the area to be served by said industry track as third party beneficiaries, as well as the City of Dubuque; Section 9. mhat the said City agrees that no assessment for any public improvement shall hereafter be levied against the interest of said railroad in said easement or the traclts thereon, or against said railroad because oP any benefit of said improvement to said easement or the tracks thereon. Section` 10: That Ordinance No. 54-59, never having become effea- five, be and the same is hereby re- pealed; Sectien 11; This Ordinance shall be in full force and effect after ifa adoption and publication as provid• ed by law and further after the terms and conditions hereof have been. accepted in writing by, the railroad company by an acceptance filed with the City Glerk, Passed, adopted, and approved this 21st day of October, A.D„ 1959'. CHARLES A. KINTZINGER, Mayor. GEORGE A. FREUND LEO N. SCHUELLER. PLTERNT TAK SELU Councilmen Attest: LEO P, FROMMELT City Clerk,; Published officially in The. Tele- graph-Herald Newspaper this' 30th day of October 1959. LEO F. FROMMELT, lt, 10/30 City Clerk; ACCEPTANCE OF ORDINANCE No. 59.59. Chicago Great Western Railway Company having examined the foregoing Ordinance No. 69-59 and being familiar with the terms and cohdrttons thereof; including the plat, attached thereto,: hereby Ac- cepts the same and agrees to con- form to the terms and conditions contained therein. CIiICAGO GREAT WESTERN RAILWAY CO. By E.. T. REIDY, President, lf, 10.30 '" I~~I ~~, ~ ~ ', i ', I 468 Special Session; October 21, 1959 Councilman Freund moved the adoption of the Ordinance, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of C. F. Puth Company Inc,, requesting permission to ex- cavate in streets and other proper- ty for sanitary sewer installations for additions and alterations to Irv ing, Washington and Jefferson schools, presented and read, Councilman Schueller moved that the petition be granted. Sec- onded by Councilman Welu, Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of Holy Ghost School re• questing the installation of a school stop light at the intersection of 29th and Jackson Streets, presented and read, Mayor Kintzinger moved that the petition be referred to the City Manager and Traffic De- partment for immediate investiga• tion and action. Seconded by Coun• cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of M. L, Harwood et al requesting the erection of a high wire fence to be built to prevent the children from crossing and playing on'the Claridge Apartment property adjacent to the City play- ground on Cooper Place, presented and read. Councilman Schueller moved htat the petition be refer- red to the Recreation Commission. Seconded by Councilman Takos, Carried by the fallowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Joseph Schneider et al requesting the rezoning of Lot 297 in Davis Addition located at 2900 Central Avenue from. its present multiple housing classifica• tion to "Local Business B" class- ification, presented and read, Coun• cilman Freund moved that the peti- tion be referred to the Planning & Zoning Commission, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of Russell Kerth of 215 Saunders Street requesting per- mission to construct a retaining wall in front of his property, pre• sented and read, Councilman Freund moved that the petition be referred to the Council to view the grounds. Seconded by Cou:rcil• man Takos. Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Wehi. Nays-None. Petition of Mrs, Virgil Wersinger et al requesting correction of the street lighting in the sixteen hun• Bred block on Lincoln Avenue, presented and read, Councilman Takos moved that the petition be referred to the City Manager and Eletrical Inspector far investiga- tion and report. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Joseph P. Kane et al requesting the erection of a street light on the corner of Gandolfo and St, Joseph street, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report, Sec- onded by Councilman Takos. Car• ried by the following vote; Yeas-Mayor. Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of John Luber praying for relief of the installation of a pole and street light in the center of I{urt Court Subdivision stating that it would be inconvenient and hazardous for cars backing out of driveways and offering an alter- nate installation to light the Court, presented and read. Mayor Kint• zinger moved that the City would T Special Session, October 21, 1959 469 not obpect to the non•installation of an ornamental light pole. Sec• onded by Councilman Schueller, Carried by the following, vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. October 19, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have investigated the claim of Veronica M. Neuses for injuries sustained in .a fall on an icy sidewalk December 26, 1958 and find that the claimant sustained a fracture of the fifth and sixth ribs, which resulted in substantial pain and medical expense and loss of wages. I have discussed this matter with the attorney for the claimant, Mr, Ed, D, Failor, and he has agreed to accept the sum of $823.08 in full settlement, The abutting property owner, Mr, George Ragatz, has agreed to contribute the sum of $411,54, I recommend that this settlement be approved and the Auditor in• strutted to issue a warrant payable to Veronica M, Neuses and Ed D. Failor her attorney, in the amount of $411.54, and deliver the same upon receipt of a properly exe• cuted release. Respectfully submitted, T, H, NELSON Councilman Freund moved the approval of the recommendation, Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Kintzinger, Ccun• cilmen .Freund, Schueller, Takos, Welu, Nays-None. FIRST NATIONAL BANK Dubuque, Iowa Honorable Mayor and Members of the City Council Gentlemen; We are submitting with this let• ter an Assignment by Schueller & Co, Inc. of Dubuque, Dubuque County, Iowa, to The First Nation• al Bank of Dubuque, Iowa, all moneys due them from the City of Dubuque on the following deserib• ed construction project; CITY OF DUBUQUE, 1959 BOULEVARD LIGHTING PROJECT N0, 1 Awarding Contract Resolution Bid Section No, 1-Na, 147.59 Bid Section No. 3-No, 148.59 Bid Section No. 4-No, 149.59 Bid Section No, 7-No, 150.59 Bid Section Na, 8-No. 151.59 We request that you approve ac• ceptance of this assignment, au- thorize acknowledgment and ar- range for all checks for partial or full payment to be made payable to The First National Bank of Du- buque, Iowa, and Schueller & Co, Inc. Respectfully yours, C. A. FIRZLAFF, Cashier ASSIGNMENT We, Schueller & Co, Inc., Du• buque, Dubuque County, Iowa, for value received, hereby sell, assign and transfer unto The First Na- tional Bank of Dubuque, Dubuque County, Iowa, all moneys due us from the City of Dubuque, Dubu- que County, Iowa, for construction work done on the following pro• ject; CITY OF DUBUQUE, 1959 BOULEVARD LIGHTING PROJECT N0, 1 Awarding Contract Resolution Bid Section No. 1-No. 147.59 Bid Section No. 3-No. 148.59 Bid Section No. 4-No, 149.59 Bid Section No. 7-No. 150.59 Bid. Section No, 8-No, 151.59 Schueller & Company, Inc, By; R, A, SCHUELLER, President State of Iowa ) Dubuque County ) SS, On this 21st day of October, 1959, before me, a Notary Public is and for said County and State, personally appeared Russell A, Schueller, to me personally known, who being by me duly sworn did say that he is President of Schuel• ler & Co, Inc,, an Iowa corporation, and that the seal affixed to the foregoing instrument is the seal of said corporation and that said in• strument was signed and sealed on behalf of said corporation by auth- ority of its Board of Directors, and the said Russell A. Schueller, as such President, acknowledges the ~i I t'. 470 Special Session, October 21, 1959 execution of said instrument to be the voluntary act and deed of said corporation, by it and by him vol• untarily executed. My commission expires July 4, 1960. R, E. FAHEY, Notary Public of Iowa, in and for Dubuque County, Councilman Welu moved that the assignment be accepted and ap- proved, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Ccun- cilmen Freund, Schueller; Takos, Welu. Nays-None. RESOLUTION N0. 233.59 BE IT RESOLVED by the City Council of the City of Dubuque that the following having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque,. be granted a per- mit to sell cigarettes and cigarette papers within said City. Name Address Mt, St, Bernard Seminary, Inc. Carter Road BE IT FURTHER RESOLVED THAT the bonds filed with the ap- plications be approved. Passed, adopted and approved this 21st day of October, 1959. CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Takos. Carried by the following vote:. Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 234.59 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be ,granted and licenses be issued upon the compliance with the. terms of the ordinances of this City. CLASS "B" PERMIT Name Address Fred Frary, 2220 University Ave. Clarence P, Haupert, 1703 Asbury St, Walter Sitterly, 3050 Asbury St. J. Russell Evans, 29 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 21st day of October, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Ifintziuger moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION N0. 235.59 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap• proval of this Council, and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit, Special Session, October 21, 1959 CLASS "B" PERMIT Name Address Fred Frary, 2220 University Ave. Clarence P. Haupert, 1703 Asbury St. Walter Sitterly, 3050 Asbury St. J. Russell Evans, 29 Eighth Avenue Passed, adopted and approved this 21st day of October, 1959, CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Welu moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. LEO F. FROMMELT, City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1960 adopted ......................................1960 Councilmen • ............................ . .... Attest : ............................................ City Clerk 471