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1958 March Council Proceedings108 Regular Session, March 3, 1958 Notice of claim of Coral McDou- gal of 835 White Street, in the amount of $15,000 for personal in- juries received as the result of a fall on the easterly crosswalk of Main and West 10th Street on January 4, 1958, Presented and read. Councilman Kintzinger moved that the claim be referred to ~bhe City Solicitor for investigation and report, Seconded Eby Councilman Takos. Carried by the following vote:- Yeas-Mayor Welu, Councilmen Freund; Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Laverne G. Peters of 545 Napier Street in the amount of $50.84 for damage to a fire on his ear as .the result of striking a protruding angle iron at hhe edge of the sidewalk an 9th Street, on February 20, 1958, pre• rented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller; Takos. Nays-None. Notice of claim of Leo Plein of 2205 Marion Street, in the amount of $114,68, for damage to his car as the result of striking aman- hole cover in Curtis Street on February 17, presented and read. Councilman Kintzinger moved that the claim be referred Ito bhe City Solicitor for investigation and report. Seconded by Councilman Takos. Carried Eby the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Minnie Huekels of 436 Almond Street, in an unnamed amount, for damage to her home as the result of sew- age backing up into the basement an January 31, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor far investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Loretta Strohmeyer, in the amount of $10.00, to cover fi'he replacement ex- pense of a broken eye glass as the result of a fall on a defective sidewalk between 3rd and 4th on Main on February 5, 1958, present- ed and read. Councilman Kintzinger moved that the claim be referred Ito the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller; Takos. Nays-None, Notice of claim of Bernadine Udelhofen of 1695 Mt. Pleasant Street, in an unnamed amount for personal injuries received as the result of a fall on a defective side- walk at 876 Clarke Drive on Janu- ary 18, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and repont. Seconded by Council- man Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller; Takos. Nays-None. Notice of claim of Leo A. Weber of 1025 Locust Street, in an un• named amount, for personal injur- ies received as the result of a fall on an icy sidewalk at 256 West 10th Street, on January 2D, 1958, presented and read. Councilman Kintzinger moved that the claim Abe referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by $he following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller; Takos, Nays-None. Notice of claim of Rita Elliott of 2101/z W. 7th Street in the amount of $61.50, for personal in- juries received in a fall on a defec- Regular Session, March 3, 1958 109 five sidewalk at the corner of 6th and Iowa street on February 15, 1955, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and repont. Seconded by Councilman Takos. Carried ~by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Ken Kun- kel of 1970 Lincoln Avenue, in the amount of $240 for expense and damage incurred as .the result of a broken water main flooding the basement of her home on February 27, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Carl A. Pickel of 1980 Lincoln Avenue, in the amount of $200, for expense and damage incurred as the result of a broken water main flooding the basement of his home on February 27; 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu; Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Leonard Wiederholt of 2085 Roosevelt street, in the amount of $200. for expense and damage incurred as the result of a broken water main flooding the basement of his home on February 27, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Earl W. Cook of 1545 Ruan Drive, in the amount of $95.46 for damage to his car as the result of striking chuck holes in the street 60 feet west of 2961 Pennsylvania avenue on February 25, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded. by Councilman Takos. Carried by the fallowing vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of A. J. I{erper re- questing permission to construct a sanitary sewer in St. Anne's Drive from a point joining the present sanitary sewer in Chaney Road eastward for 350 feet, pre- sented and read. Councilman Freund moved that the petition be received and filed, Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ®R®INANCE N®. 10.58 An Ordinance granting A. J. Kerper and Ruth Kerper the Right to Construct a sanitary sewer in St. Anne Drive and providing the terms and Conditions thereof. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ~I tl ~~ ~~ I fll~ ~ ~ i ~ '~ I, ,~ i i i u I 110 Regular Session, March 3, 195$ ORDINANCE N0. 10.58 AAJ. KERPER AND RUTH KER- PER THE RIGHT TO CON- STRUCT A SANITARY SEWER IN 8T. ANNE DRIVE AND PRO• VIDING THE TERMS AND CON- DITIONS THEREOF. BE IT ORDAINED by the City Cowmil of the City of Dubuque: Section 1, That A, J. Kerper and Ruth Kerper, huaband and wife, be and they are hereby granted the right to construct an eight inch (8") vitrified the pipe sanitary sewer in St, Anne Drive from the existing sewer in Chaney Road east a distance of three hundred and fifty-feet (350') upon the fol- lowing terms and conditions; (a) That the grantor agrees to construct said sewer within one year from the date of adoption of this ordinance and pay the entire cost thereof including the cost of inspection and restoration of t h e surface of the street; (b) That said sewer shall be constructed in accordance with plans approved by the State De- partment of Health and the City Manager and under the supervi- sion and direction of the City Manager and City Engineer. (c) The grantees shall enter into a contract for the construction of said sewer with a well qualified contractor which contract, among other things, will contain a clause requiring the contractor to ob- tain all necessary permits re• quired by the City of Dubuque, or any other governmental agency, a clause obligating the contrac• for and his bondsmen to keep said sewer in good repair for a pe• rind of not less than two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Dubuque named as one of the obligees, gu• aranteeing the faithful perform~ anoe of said contract; sewder and thenaceptanice ofathe same by the City Council said sewer shall become a public sew- er under the exclusive charge and control of the City oP Dubuque, and its free use as such shall not be interfered with by grantees or their successors or assigns. Section 2. That the authority granted herein shall terminate on onditions95ofuthiss Ordinance one accepted in writing by the grantee prior to that date. be intlfu113forces and teffeet f oam and after its final passage, adop- tion and publication as provided by larv. Passed, adopted and approved this 3rd day of March, A.D, 1958. Clarence P. We1u George A. Freund Mayor Leo N, Schueller Charles A, Kintzinger Peter J. Takos Attest: Leo F, Frommeitcilmen City Clerk, Published officially in the Tele- graph-Herald Newspaper this 7th day of April 1958. Lea F. Frommelt 1 t, 4-7 City Clerk ACCEPTANCE OF ORDINANCE N0, 1D-58 A. J, Kerper and Ruth Kerper, husband and wife, having full knowledge and understanding of all the terms and conditions of Ordinance No, 10-58, hereby accept the same as passed and agree to comply with al] the terms and con- ditions thereof. Accepted this 31st day of March, 1958. /s/ A. J. Kerper 1 t 4-7 /s/ A. Ruth Kerper Councilman Schueller moved the adoption of the Ordinance, Second• ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Petition of Veterans of Foreign Wars requesting permission to hold their annual poppy sales drive on May 16th and 17th, 1958, pre- rented and read. Councilman Kint• zinger moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, Petition of Auxiliary of Grand Army of Republic requesting per- mission to hold a flag day June 14, 1958, presented and read, Council- man Kintzinger moved that the petition be granted providing there are no conflicting dates. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Petition of W, E. Strub et al requesting that Montana street be renamed Floraview Drive, present- ed and read, Mayor Welu moved that the petition be granted and that proper proceedings be pre• pared. Seconded by Mayor Welu. Carried by the following vote: Regular Sessioi Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Petition of Mrs. Florence Larsen requesting a refund of $25. on the unexpired portion of cigarette license No, 223 as she has discan• tinned business as of February 18, 1958, presented and read. Council- man Kintzinger moved that the refund be granted and the Auditor instructed to draw a warrant pay- able to Mrs, Florence Larsen in the amount of $25, to cover the amount of refund due on the unex- pired portion of cigarette license No, 223, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, Petition of Mary Agard Tent No. 35 D,U.V. for permission to hold tag days on Saturday, June 14, and Monday, June 16, 1958, presented and read, Councilman Kintzinger moved that the request be granted providing a suitable date is ar- ranged for. Seconded by Council- man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Petition of Frederick Hardt, re• questing agricultural tax exemption credit for the year 1957, which was possibly overlooked even though proper application for tax' credit had been made, presented and read. Couneilmali Kintzinger moved that the petition be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. March 3,1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; In 1951 Bunker Hill Golf Course was given to the city by the Wah- 1, ~Iarc~I 3, 1958 11~ lent Foundation and the gift'was accepted by the city by Resolution No. 129.51, This resolution. stipu• lated that the operation of the "Bunker H i 11 Municipal G o f f Course" be under the supervision of the City Manager and authoriz• ing him to appoint a golf course manager and other employees as may be necessary for the proper operation and maintenance of the premises. The operation of the golf course has been carried on in this manner and there have been improvements made as well as the course properly maintained as a municipal course, In order to do this it has been necessary for the Council to ap- propriate funds in addition to the golf fees, This appropriation has been made from Liquor Tax re• funds and has amounted to $18,500,00 the last two years, In 1956 golf fees were increased so that funds would be available for some needed improvements to the golf course and since then a balance has accumulated in the amount of $10,141,17 as of January 1, 1958. This money is to be used for rebuilding greens and rebuild- ing some of the fairways, The purpose of this is to make the course more adaptable as a munici• pal course and make all eighteen holes so that all people can play, thereby distributing .the players over the whole course instead of only the first nine holes as is now the case. The plans for this work are being made and with the use of the additional money received through green fees for several years the course will be in ex- cellent condition. The cost of operation of our golf course is not out of line with the cast of operation in Freeport, Madison, Cedar Rapids, Waterloo, Davenport, Des Moines, Sioux City and Rockford. In the operation of Bunker Hill we have the cost of maintaining a club house that other courses do not have or are main- tained from other funds, The operation of the restaurant facilities at Bunker Hill have been leased and are separate from the golf operation. This lease provided 112 Regular Session, March 3;-1958 I that the operator pay $1200,00 per {III ~ year rental,. plus. all utilities, heat- . ing and interior maintenance of ~ bhe building. The amount received has paid for the city's cost of in- surance and exterior maintenance. The manager of Bunker Hill has resigned and the lesee of the dining facilities has requested his lease be terminated as of April l; 1958, I have investigated the operation of municipal golf courses in other ~ 1911 cities and; have met with golfers pNl '~ interested in the operation of i I~~~i ~ Bunker Hill and feel the operation of the golf course as a recreational facility of the- City of Dubuque would best serve the community ', ~~ I~ W1 ~ ~ if ib were under the supervision of the Playground and Recreation 19111 .. Commission. The operation of a golf course fits into our recreation program 'i because we now have a junior golf program and also the course is now used for winter sports by the Rec- reation Commission, This operation ~ would' be in accordance with legis- ~ pa lotion enacted by the last Legisla- ~ ture authorizing the expenditure of money for adult recreation pro- grams. Operation by the Recreation ~ Commissionwill not reduce expen- ~ ditures for golf course operation and maintenance except that the I position of greenskeeper and- man- . alter could be combined, This would reduce the budget about $2;500.00. I recommend that the attached resolution giving the Playground and Recreation Commission juris- dictionover Bunker Hill Municipal Golf Course be approved. Respectfully submitted, L. J. SCHILTZ, City Manager. Mr. Bob Jordan of 645 Lorimer street addressed the Council rela- tive to the operation of the golf course last year: He made- the sug- gestion that the City could save a lot of money each year by hiring a working greenskeeper, Councilman Kintzinger moved that the recommendation of the City Manager be approved, Second- ed by Councilman Takos, Carried by the following vote: Yeas-Mayor- Welu; Councilmen Freund, Kintzinger; Schueller, Takos. Nays-None, RESOLUTION N0, 35.58 Resolution Amending Resolution. No, 129.51 to Provide for the Trans• fer of the Supervision of Bunke>• I3i11 Golf Course from the City Manager to the Playground and Recreation Commission. BE IT RESOLVED EY THE CITY COUNCIL OF THE CPPY OF DU- BUQUE, IOWA: Section. 1, That Section 3 and Section 7 of Resolution No. 129.51, being. Resolution accepting Bunker Hill Golf Course, providing for the supervision and management there- of,. and. extending the City Limits to include the same,. be and the same are hereby repealed; Section 2, That the golf course located on Mineral Lot 189; Lot 2 of Mineral' Lot 205; Mineral Lot 201; Lob 1 of Mineral Lot 265; Lot 2 of Mineral Lot 340; Lot 1 of Lot 3 of Mineral Lot 340;° Mineral Lot 2D0 Lot 1 of Mineral Lot 202; Lot 2 of Mineral Lot 202; Lot 2 of 2 of Highland Farm-in Dubuque County, Iowa, be operated as a municipally owned and operated golf course under the supervision of the Play- ground and Recreation Commis- sion, to be known as "Bunker Hill Municipal Golf Course". Passed, adopted. and approved this 3rd day of March, 1958. CLARENCE P: WELU, Mayor GEORGE.A,FREUND LEO N: SCHUELLER CHARLES A, KINTZINGER PETER J. TAKOS Councilmen: Attest: LEON F. FROMMELT, City. Clerk. Councilman Kintzinger moved the. adoption. of the resolution. Sec- onded by Councilman. Takos. Car- ried by the following. vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. Regular Session, March 3, 1958 113 March 3, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mrs. Margaret Duggan; holden of Beer Permit No. 114, was con- victed of violating Section 26 of Ordinance No. 9.35, keeping liquor on premises where beer is sold. I recommend that beer permit No, 114 be revoked, Respectfully submitted; L, J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved, Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 36.58 WHEREAS, this Council on the 4th day of November 1957, caused to be issued a Class "B" Beer Per- mit bearing the Number 114 to Mrs, Margaret Duggan of Dubuque, Iowa, operating at 475 Central Avenue in the City o£ Dubuque; and WHEREAS, it has come to the at- tention of this Council that the owner and holder of said permit has been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chap- ter 124 of the Code of Iowa: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No. 114 heretofore issued to Mrs. Margaret Duggan of Dubuque, Iowa, be and the same is hereby revoked and the Chief of Poliee is directed to take up such permit forthwith and re- turn the same for cancellation, Passed, adopted and approved this 3rd day of March, 1958, CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZRVGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Mayor Welu. Carried by the following vote:.... Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 37.58 Preliminary approval of the pro- posed plans, specifications, form of contract and all other documents for the construction of a 12" San- itary relief sewer in East 24th street, first alley west of Windsor Avenue from East 24th street to Edwards Street,. and Windsor Av- enue from Edwards Street to Merz Street at an estimated cost of $28,731.02, presented and. read. Councilman Kintzinger moved the adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, (Necessity for Improvement) RESOLUTION N0. 38.58 WHEREAS, proposed plans; spec- ifications, form of contract, plat have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk for the construction of a 12" San- itary Relief Sewer in East 24th Street, first alley west of Windsor Avenue from East 24th Street to Edwards Street and Windsor Av- enue from Edwards Street to Merz Street. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and necessary for the public welfare to make the herein mentioned im• provement, and unless interested persons at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections. Said improvements shall be constructed and done in accord- ance with the plans and specifica- bons which have been prepared ~~au 114 Regular Session, March 3, 1958 therefore 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 im• provement will be paid from the Sanitation Fund. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1958. Approved and placed on file for final action. Approved CLARENCE P. WELU, Mayor .GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger. moved the approval of the resolution, Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, ...Schueller, Takos. Nays-None, (Fixing date of hearing) RE5OLUYION N0. 39.58 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 37.58 given its preliminary approval on the pro• posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of a 12" Sanitary Relief Sew- er in East 24th Street, first alley west of Windsor Avenue from East 24th Street to Edwards Street, and Windsor Avenuefrom Edwards Street to Merz Street BE IT THEREFORE RESOLVED that'on the 7th day of April, 1958, a public hearing will be held at 7:30 o'clock P. M, in the Council Chamber in the City of Dubuque at which time any interested person may appear and make objection to the proposed plans and specifica- tions and proposed form of contract and to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, once at least 10 days prior to the day fixed for said hearing, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1958. ,CLARENCE P. WELU, Mayor GEORGE A, FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J, TAKOS Councllmen Attest; LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund,. Kintzinger, Schueller, Takos. Nays=None, Petition of J, H. Schiltz request- ing the vacation of a portion of Kane Street now platted as Lot A of Scenic View Heights No. 1 in the City of Dubuque, Iowa, com- prised of that part of Lot 1 of St, Mary's Place which was heretofore dedicated as a right of way for street purposes but which will not be in the actual required street right of way, presented and read. Councilman Kintzinger moved that the petition be received and filed. Seconded by Mayor Welu, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. February 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At a meeting of the Dubugue Planning and Zoning Commission on February 25th, 1958, the Com- mission approved the request of J. H. Schiltz, for vacation of a por- tion of Kane Street which was a Regular Session, March 3, 1958 115 part of St, Mary's Place. ffi the final location of Kane Street this portion is not needed for street purposes.' This is a small triangle lot twenty four feet wide an one end and running to a point at the other end approximately one hun- dred thirty seven feet long, and would be abutting a portion of Lot 1, Lot 2 and a portion of Lot 3, Block 4 in Scenic View Heights No. 2. Respectfully submitted, The Dubuque Planning and Zoning Commission By R. D. Waller, Acting- Secretary Couucilman Kintzinger moved that the communication be received and filed. Seconded by Mayor Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger,. Schueller, Takos. Nays-None. February 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that the.. Plan- ning and Zoning .Commission has examined and approved two plats of Scenic View Heights, One of Lots 1, 2 and 3 in Scenic View; Heights Number 1. This is composed. of parts of several mineral lots, and a plat of Blocks 1, 2, 3 and 4 in Scenic View Heights Number 2, This is an actual subdivision into fourteen building lots, This prop- erty is owned and subdivided by J. H. Schiltz and is the first part of subdividing a large area north of Kaufman Avenue on Chaney Road Extension and Kane Street Exten• Sion in the vicinity of the New Catholic High School. Respectfully submitted, The Dubuque Planning and Zoning Commission R. D. Waller, .Acting-Secy. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, RESOLUYION N0.40~58 Whereas there has been filed with the City Clerk a plat in which Lot 2 of Lot 2 of Lot 1 of Mineral Lot 370, Lot 1 of Mineral Lot 375, Lot 1 of Lot 1 of Mineral Lot 376A, and Lot 2 of Mineral Lot 376A, all in the City of Dubuque, :Dubuque County, Iowa, are platted as Lot 1, Lot 2 and Lot 3 in "Scenic_View Heights No, 1" in the City of Dubuque, 1)pbuque .County, Iowa, by J. H. Schiltz,,widower and un- remarried, as owner" thereof and. Whereas said plat has been exam- ined by the City Planning Commis- sion and has. had its approval en- dorsedthereon; and Whereas said plat has been ex- amined by the City. Council and they find that the same conforms to the. Statutes and Ordinances relat- ing thereto; NOW'THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Sectaon 1. That the plat of the Subdivision of Lot 2 of Lot 2 of Lot 1 of Mineral Lot 370, Lot 1 of Mineral Lot 375, Lot 1 of Lot 1 of Mineral Lot 376A, and Lot 2 of Mineral Lot 376A, all in the City of Dubuque, Dubuque County, Iowa, which will be hereafter known as, Lot 1, Lot 2 and Lot 3 in "Scenic View Heights No. l", in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of said City upon said plat. Passed, adopted and approved this 3rd day of March, 1958. CLARENCE P: WELU, Mayor GEORGE A, FREUND LEO N, SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger.' moved the adoptionof the resolution. Sec• onded by Mayor Welu, Carried by the following vote; ~, i it ~: 116 Regular Session, March 3, 1958 Yeas-Mayor Welu, Councilmen Freund, Kintzinger, .Schueller, Takos. Nays :None. RESOLUTION N0. 41.58 Whereas there has been filed with the City Clerk a plat in which Lot 3 in "Scenic View Heights No. 1" in the City of ..Dubuque; Dubu- que County, Iowa, is platted as Block 1, Block 2, Block 3 and Block 4 in "Scenic View Heights No. 2" in the City' of Dubuque; Dubuque County, Iowa, by J. H, Schiltz, widower and unremarried, as owner thereof and, Whereas said plat has been ex- amined by the City Planning Com- mission and has had its approval endorsed thereon; and Whereas upon said plat appears streets to be known as Tina Ridge, Maryville Drive and Tibey Drive, and also easements for public util- ities which the .owner upon said plat has dedicated to the public forever; and Whereas said plat has been ex- amined by the ...City Council and they find that the same conforms to the Statutes and Ordinances re• lating ,thereto, except that the streets have not been reduced to grade or paving, sewer or water services installed; and Whereas it appears to the City Council that the public interest does not require the grading and improving of said streets until such time as Lot One in "Scenic View Heights No. 1" shall be sub- divided; NOW THEREFORE BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; Section l: That the dedication of Tina Ridge, Maryville Drive and Tibey Drive, together with the easements for public utilities, as the same appear upon said plat, be and the same are hereby accepted; Section 2. That the plat of the Subdivision of Lot 3 in "Scenic View Heights No, 1", to be here- after known as Block 1, Block 2, Block 3, and Block 4 in "Scenic View Heights No. 2, in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby accepted and the Mayor and Clerk are here- by authorized and directed to en- dorse the approval of said City upon aid plat, providing the owner of said property, hereinbe- fore named, :executes his written acceptance hereto attached, agree- ing; a. To reduce the streets to grade as shown by the profiles submitted with the plat; b. To surface all streets, for a width of 30 feet from curb face to curb face, with six inch rolled stone base and 2y2 inch hot mixed, hot laid bituminous concrete sur- facing and .concrete curb and gutter, as shown in City of Dubuque Standard Curb and Gutter Section;: c. To install sanitary sewers in accordance with plans' submitted with the plat, in said streets; d, To install water mains in said streets, in accordance with plans submitted with the plat; e. To construct the foregoing improvements in accordance with plans and specifications approved by the City engineer, under the in- spection of the City Engineer, and in a manner approved by the City Engineer; f. To maintain: the street improve- ments for a period of four (4) years from the date of their acceptance and to maintain the sanitary sew' ers for a period of two. (2) years from the date of their acceptance; g. To construct said improve- ments on demand by the City Council, at such time as the plat of the Subdivision of Lot One in "Scenic View Heights No. 1" in the City of Dubuque, Iowa, or any portion thereof, is approved by the City Council, and further provided that the said J. H. Schiltz, as owner of said Subdivision, secure the per- formance. of .the foregoing condi- tions with security in such sum, and with such sureties; as may be acceptable to the Mayor; Section 3. That in the event of the said J, H, Schiltz shall fail to execute the acceptance and pro- vide the security required in Sec- tion 2 hereof, within 45 days from the date of this Resolution, the provisions hereof shall be null and ~iegular Session; March 3,.1958 117 void and the acceptance of the Passed, adopted and approved dedication and approval of the plat this 3rd day of March, 1958. shall not be effective. CLARENCE P. WELU, Passed; adopted and approved by Mayor unanimous roll call vote this 3rd GEORGE A FREUND day of March, 1958. LEO N. SCHUELLER CLARENCE P, WELU; CHARLES A. KINTZINGER Mayor PETER J. TAKOS GEORGE A, FREUND Councilmen LEO N. SCHUELLER Attest: CHARLES A. KINTZINGER LEO F. FROMMELT, PETER J, TAKOS City Clerk. Councilmen Mayor Welu moved the adoption Attest; of the resolution. Seconded by LEO F. FROMMELT; Councilman Kintzinger.. Carried by City Clerk the following vote: To: Leo F, Frommelt, City Clerk: Yeas-Mayor Welu, Councilmen This is to certify. that the secur• Freund, Kintzinger, Schueller, ity required' by the foregoing Reso• Takos. lotion No. 41-58'has been provided Nays-None,; by the Owner, RESOLUTION NO 4358 Dated at Dubuque, Iowa; this .WHEREAS, applications for Beer 17th day of March, 1958, permits have been submitted- to CLARENCE P. WELU; this Council for approval and the Mayor,: of the City of Dubuque same have been examined`. NOW, Mayor Welu moved the adoption THEREFORE, of the resolution. Seconded by BE IT RESOLVED by the City Councilman Kintzinger, Carried by Council of the City of Dubuque the following voter that the. following applications be Yeas-Mayor Welu; Councilmen granted and licenses be issued upon F r e u.n d, Kintzinger, Schueller, the compliance with the terms of Takos. the ordinances of this City. Nays-None. CLASS "B" PERMIT ACCEPTANCE OF RESOLUTION Herbert E, and Emil F, Althaus, NOi 41.58 1575 Central Avenue r J, H; Schiltz,: widower and unre- Donald M. Love,: 250 West 6th married, with full knowledge and Street understanding of all the terms and Jay M. Reidi, 1543 Central Av- conditions of Resolution No. 41.58, hereby accepts the same as adopt- enue Kenneth J, Love; 37 Eighth Av- ed,,and agrees to abide by; comply with, and carry out all the terms enue Mathias A. Schneller, 132 Eighth and conditions thereof. Avenue Signed at Dubuque, Iowa this Alan. R, Uppinghouse; 238.240 14th day of March, 1958. Wesf 6th Street J. H, SCHILTZ CLASS "B" PERMIT Olt RESOLUTION N0. 42.58 PRIVATE CLUB BE IT RESOLVED by the City Fischer Bowling Lanes Club; 880 Council of the City of Dubuque that Locust Street the following, having complied with CLASS "C" PERMIT the provisions of law relating to ErnestW. Pfalzgraf;1300 Central the sale of cigarettes within the Avenue City of Dubuque, be granted aper- Passed, adopted and approved mit to sell cigarettes and cigarette this 3rd day of March;. 1958. papers within said'City, CLARENCE P. WELU, Francis G, 6'TOole and Lenoore Mayor M. 0' Toole; 280' Main Street GEORGE A. FREUND Earl J, Dlaury; .351 Dodge Street LEO N, SCHUELLER BE- IT FURTHER- RESOLVED CHARLES A, KINTZINGER that the bonds filed with the appli- PETER J; TAKOS cations be approved. Councilmen "``~ . -' i I 118 Regular Session, March 3, 195$ Attest; LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Seconded by Mayor Welu. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None.:.. RESOLUTION' N0 44.58 WHEREAS, heretofore applica- tions for Beer Permits were filed by the 'within named applicants and they have received the approv- al 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 bands; 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. CLASS "B" PERMIT ' Herbert E, and Emil F, Althaus, 1575 Central Avenue ' Donald M, Love, 250 West 6th Street Jay M. Riedi, 1543 Central Av- enue Kenneth J, Love, 37 Eighth Av- enue Mathias A, Schneller,132 Eighth Avenue Alan R. Uppinghouse, 238.240 West 6th Street CLASS "B" PERMIT FOR PRIVATE .CLUB Fischer Bowling Lanes Club, 880 Locust Street CLASS "C" PERMIT Ernest W. Pfalzgraf,1300 Central Avenue Be it further resolved that the bonds filed by such applicants be and the same are approved.. Passed, adopted and approved this 3rd day of March, 1958, CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZLVGER PETER J. TAKOS. Councilmen Attest: LEO F, FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following voter Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays=None. March 3, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; I herewith submit the attached sheets No. 1 to 19 inclusive show- ing aschedule of the proposed valuations and proposed assess- ments for the City of Dubuque 1958 Concrete. Curb and Gutter Project No, L Submitted March 3, 1958 K. J, CULLEN, City Engineer RESOLUTION N0.45.58 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU- BUQUE, IOWA. Section 1. That #he' attached Sheets No. i to 19 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1958 Concrete Curb and Gutter Project No, 1, and the valuation set out therein are hereby approved: Adopted this 3rd day of March 1958, CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER A, TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Sec• onded by Councilman Schueller. Carried by the Following vote:.. Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Regular Session, March 3, 195$ 119 RESOLUTION N0.46.58 Preliminary approval of plans, specifications, form of contract, plat and all other documents for the construction of "City of Dubu- que 1958 Concrete Curb and Gutter Project No, l", at an estimated cost of $88,438,07,; presented and read, Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen, Freund, Kintzinger, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION N0. 47.58 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared 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 mater- ial to be used. 6, In each case the amount there- of which is estimated to be assessed against each lot for the City of Dubuque 1958 Concrete Curb and Gutter Project No, L 1. Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 376A, 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot 1-2.1 of Mineral Lot 351, 3. Carter Road from the East Property Line of Kaufmann Avenue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot No. 1 of Weidenbacher's Subdivi- sion to the East Property Line of Carter Road, 5. Bunker Hill Road from the South Property Line of Clarke Drive to the North Property Line of Asbury Road, 6. Kane Street from the East Property Line of Primrose Street to the North Property Line of Kaufmann Avenue. 7. Merfeld Lane from the West Property Line of Bunker Hill Road to the West end of street. 8. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 9. Custer Street from the West Property Line of Grandview to the East Property Line of Atlantic Street, 10. Hawthorne: Street from .the South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue, 11. Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2.1 of Mineral Lot 9. 12, Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 13, St. Anne Street from the existing curb to Flora Park. 14. Adeline Street from the East Property Line of Ramona Street to east end of street. 15. Davis Avenue from the East Property Line of Windsor Avenue to East Property Line of Lot No, 2.1-Wyz-Lot 3 of the NE'/a' Section 13 T89N R2E 5th P, M. 16. Hempstead StreeE from the South Property Line, of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of Lot 1-150 and 150A of L. H. Langworthy Addition, 17. Lombard Street from the West Property Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub. to the West Property. Line of Collins Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of property owners, deems it advisable and necessary far the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso• lution have on file with the City l~ i'=', ~I ~~ ~i I '' i I' ~. i 120 Begular Session, March 3, 195$ 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 cast and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance 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. Street Improvement Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as~ sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 3rd day of March, 1958. Approved and placed on file far final action. Approved CLARENCE P, WELU, Mayor GEORGE A.FREUND LEON.SCHUELLER CHARLES A. KIlVTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the approval of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Fixing date of hearing.) RESOLUTION N0. 48.58 WHEREAS, the City Council of the City of Dubuque, has by Reso- lution No. 46-58 given its prelim inary approval of the proposed plans specifications and form of contract and placed same on fIle in the office of the City Clerk for public inspection, for the City of Dubuque 1958 Concrete Curb and Gutter Project No. 1 1. Kane Street from the East Property Line of Carter Road ex- tended to the East Property Line of Mineral Lot 3"76A, 2. Kane Street from the East Property Line of Mineral Lot 376A to the East Property Line of Lot i•2.1 of Mineral Lot 351. 3. Carter Road from the East Property Line of Kaufmann Avenue to the South Property Line of Kane Street. 4. Kaufmann Avenue from Lot No. 1 of Weidenbacher's Subdivi~ sion to the East Property Line of Carter Road. 5. Bunker Hill Road from the South Property Line.. of., Clarke Drive to the North Property Line of Asbury Road. 6, Kane Street from the East Property Line of Primrose Streeti to the North Property Line of Kaufmann Avenue. 7. Merfeld Lane from the West Property Line of Bunker Hill Road to the West end of street. 8. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 9. Custer Street from the West Property Line of Grandview Av- enue to the East Property Line of Atlantic Street. 10. Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhomberg Avenue. 11, Southern Avenue from the end of the present curb to the South Property Line of Lot No. 2.1 of Mineral Lot 9. 12, Glen Oalc Street from the North Property Line of Edina Street to the end of platted street. 13. St. Anne Street from the existing curb to Flora Park. Regular Session, March 3, 1958 121 14. Adeline Street from the East Property Line of Ramona Street to east end of street. 15. Davis Avenue from the East Property Line of Windsor Avenue of East Property Line of Lot No. 2-1.1Wyz-Lot 3 of the NE'/a Section 13 T89N R2E 5th P. M. 16. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of Lot 1.150 and 150A of L, H, Langworthy Ad- dition, 17. Lombard Street from the West Property Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub. to the West Property Line of Collins Street. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 7th day of April 1958, a public hearing will be held at 7,30 o'clock P. M, in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection of the pro• posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND - LEO N. SCHUELLER -' CHARLES A,KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec• owded by Councilman Freund. Car- ried by the following vote. Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. March 3,1958 To the Honorable Mayor and City Council I herewith submit the attached sheets No, 1 to 11 inclusive show- ing a schedule of the proposed valuations and proposed assess- ments for the City of Dubuque 1958 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Project No, 1. Submitted March 3, 1958. K. J. CULLEN, City Engineer RESOLUTION N0. 49.58 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU• BUQUE, IOWA. Section 1. That the attached sheets No. 1 to 11 inclusive are hereby determined to be the sched• ule of proposed assessments for the City of Dubuque 1958 Hot-Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1, and the valu- ation set out therein are hereby approved. Adopted this 3rd day of March, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk i i ,. III' !;_ ~€ ~~ ~,E '; i I,€ ~' (E f` 122 Regular Session, March 3;.195$ Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION: N0, 50.58 Preliminary approval of plans, specifications, form of contract, plat and all other documents for the construction of "City of Du- buque 1958 Hot Mix-Hot Laid As- phaltic Concrete Surfacing. Pro- ject No, 1", at an estimated cast of $91;710,92, presented and read. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen F i• e u n d, Kintzinger, Schueller, Takos. Nays-None, (Necessity for Improvement) RESOLUTION N0. 51.58 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule. have. been duly pre- pared and approved by the City Cottncil 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 mater- ial to be used. 6. In each case the amount there- of which is estimated to be assessed against each lot, for the City of Dubuque 1958 Hot-Mix Hot-Laid Asphaltic Concrete Paving Project. 1. Windsor Avehue from the East Property' Line of 22nd Street to the North Property Line of alley first South of Strauss Street. 2.' 22nd Street from the East Property Line of Central Avenue to the South Property Line of Windsor Avenue..' 3, West 3rd Street from the West track of the Chicago Milwaukee St. Paul and Pacific Railroad to the East Property Line of Main Street, 4, West 2nd Street from the West track of the Chicago Milwau- kee St, Paul and Pacific Railroad to the East Property Line of Locust Street, BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of proper- ty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution 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 cast and expense 'of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance 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. Street Improvement Bonds shall be issued and sold in anticipation of deferred payments of assessments when. a contract has been per- formed and accepted and the pro- ceeds thereof used to pay the con- tractor, 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 on file with the City Clerk this 3rd day of March, 1958, Approved and placed on file for final action, Regular Session, March 3, 1958 123 Approved CLARENCE P, WELU, Mayor GEORGE A, FREUND LEO N.'SCHUELLER CHARLES A, KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk 'Councilman Kintzinger moved the approval of the resolution, Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, .Nays-None, (Fixing' date of hearing.} "RESOLUTION N0, 52.58 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No, 50.58 given its pre• liminary approval on the proposed plans specifications and form of contract and placed. same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1958 Hot-Mix Hot-Laid Asphaltic Concrete Paving Project No. 1. 1, Windsor Avenue from the East Property Line of 22nd Street to the North Property Line of alley first south of Strauss Street. 2. 22nd Street from the East Property Line of Central Avenue to the South Property Line of Windsor Avenue, 3. West 3rd Street from the West track of the Chicago Milwaukee St. .Paul and Pacific Railroad to the East Property Line of Main Street, 4, West 2nd Street from the West track of the Chicago Milwau- kee St, Paul and Pacific Railroad to the East Property Line of Locust Street. and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's office for public inspection, BE 1T THEREFORE RESOLVED that on the 7th day of Apri11958, a public hearing will be held at 7:3D o'clock l?, M, in the Council Cham- ber in the City of Dubuque at which time the owners of property sub- ject to assessment for the proposed improvement may appear and make objection.. to the proposed plans and specifications and pro- posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the' passage of the proposed Resolution of Necessity and the City Clerk be -and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published' in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at'the time of final consideration of said reso- lution have on file with the Clerk objections to' the amount of the proposed assessment, they shall have been deemed'to have waived all 'objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1958. CLARENCE P. WELU, Mayor GEORGE A, FREUND LEO N,SCHUELLER CHARLES A, KINTZINGER ..PETER J, TAKOS Councilmen Attest; LEO F, FROMMELT,; City Clerk Mayor Welu moved tfie adoption of the resolution, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, March 3, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; I herewith submit the attached sheets No. 1 to 21 inclusive show- ing aschedule of the proposed valuations and proposed assess- I," '~ ~r ~~ J- i I24 Regular Session, March 3; 1958 ments for the City of Dubuque 1958 Bituminous Concrete Surfac- ing Project No. 1. Submitted March 3, 1958. KENNETH J. CULLEN, City Engineer RESOLUTION N0. 5358 Be It Resolved by the City Coun- cil of the City. of Dubuque, Iowa. Section 1. That the attached sheets No. 1 to 21 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque Bituminous Concrete Surfacing Project No. i, and the valuation set out therein are hereby approved. Adopted this 3rd day of March 195s. 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, and the size and kind of sewers, 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 far each different type of construction and kind of material to be used, 6. In each case the amount there- Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Takos, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos: Nays-None.. RESOLUTION N0.54.58 Preliminary approval of plans, specifications, form of contract, plat, and all other documents for the construction of "City of Dubu- que 1958 Bituminous Concrete Sur- facing Project No, 1", at an esti- mated cost of $119,026,11, prey sented and read. Mayor Welu moved the adop- tion of the resolution, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, (Necessity for Improvement) RESOLUTION N0. 55-58 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City against each lot, for the City of Dubuque 1958 Bituminous Concrete Paving Project No. L 1, Kaufmann Avenue from the end of existing curb at the West Property Line of Lot 1 of Weiden- bacher Sub to the East Property Line of Carter Road. 2, Bunker Hill Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road, 3. Kano Street from the East Property Line of Primrose Street to the North Property Line of Kaufmann Avenue. 4. Montana Street from the South Property Line of Wilbricht Lane to the North Property Line of Merfeld Lane. 5. Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. 6. Merfeld Lane from the West Property Line of Bunker Hill Road to the west end of street, 7. Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street, 8, Custer Street from the West Property Line of Grandview Av- enue to the East Property Line of Atlantic Street. 9. Chaney Road from the South Property Line of Hillcrest Road to the North Property Line of Pennsyl- vania. 10, Hawthorne Street from the l~egu~ar session, ~Iarc$ 3, 1g5$ 125` South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue, il. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 12. Lombard Street from the West Property Line of West 50'- East 100' of Lot 2-2.11 of Westabys Sub to the West Property Line of Collins Street. 13. Henderson Street from the North Property Line of Bradley Street to the South Property Line of Grandview Avenue. 14. Alley between Locust and Bluff running from the North Property Line of Jones Street to the South Property Line of 5th Street. 15. Davis Avenue from the East Property Line of Windsor Avenue to the East Property Line of Lot No. 2.1-1-W%: Lot 3 of the NEr/4 Section 13 T89N R2E 5th P. M, 16. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of 1.150 and 150A L, H. Langworthy Addition. 17. Bissell Lane from the North Property Line of Dodge Street to the South Property Line of Jones Street. BE IT THEREFORE RESOLVED that the City Council on its own mo• tion or upon petition of property owners, deems it advisable and necessary far the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk obpections 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- ment will be assessed upon and against all privately owned proper- ty lying within assessable distance 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 according to area and in proportion to the spec- ial benefits conferred thereby, and any deficiency shall be paid out of the Street funds. Street Improve- ment Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered plat- ed on file with the City Clork this 3rd day of March, 1958. Approved and placed on file for final action. Approved CLARENCE P. WELU, Mayor GEORGE A, FREUND LEO N.SCHUELLER CHARLES A. KIlVTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the approval of the resolution, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Fixing date of hearing.) RESOLUTION N0. 56.58 WHEREAS, the Gity Council of the City of Dubuque, Iowa, has by Resolution No, 54.58 given its preliminary approval on the pro posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1958 Bituminous Concrete Paving Project No. 1. 1. Kaufmann Avenue from the end of existing curb at the West y t~~ I~ 126 Regular Session Property Line of Lot 1 of Weiden• bacher Sub to the East Property Line of .Carter Road. 2. Bunker Hill Street from the South Property Line of Clarke Drive to the North Property Line of Asbury Road. 3. Kane Street from the East Property Line of Primrose Street to the North Property Line of Kaufmann Avenue. 4. Montana Street from the South Property Line of Wilbricht Lane to the North Property Line of Mer- feld Lane, 5, Wilbricht Lane from the West Property Line of Asbury Road to the west end of Street. 6, Merfeld Lane from the West Property Line of Bunker Hill Road to the west end of street. 7, Meadow Lane from the South Property Line of Lombard Street to the North Property Line of Dodge Street. 8, Custer Street from the West Property. Line of Grandview Av- enue to the East Property Line of Atlantic Street. 9, Chaney Road from the South Property.. Line of Hillcrest Road to the North Property Line of Pennsylvania. 10, Hawthorne Street from the South Property Line of Lincoln to the North Property Line of Rhom- berg Avenue, 11. Glen Oak Street from the North Property Line of Edina Street to the end of platted street. 12. Lombard Street from the West,Praperty Line of West 50'- East 100' of Lot 2.2.11 of Westabys Sub to the West Property Line of Collins Street. 13. Henderson Street from the North Property Line of Bradley Street to the South Property Line of Grandview Avenue, 14. Alley between Locust and Bluff running from the North Property Line of Jones Street to the South Property Line of 5th Street. 15: Davis Avenue from the East Property Line of Windsor Avenue to the East Property Line of Lot No. 2.1-1-W jz•Lot 3 of the NEl/4 Section 13 T89N R2E 5th P. M. t, March 3, -1958 16. Hempstead Street from the South Property Line of Kaufmann Avenue to the North Property Line of Lot 2 of the Sub of 1.150 and 150A. L, H. Langworthy Addi• lion. 17, Bissell Lane from the North Property Line of Dodge Street to the South Property Line of Jones Street. and, WHEREAS, the proposed Resolu• lion of Necessity for said improve• ment has been introduced and is now on file in the City Clerk's office for public inspection, BE IT THEREFORE RESOLVED that on the 7th day of April 1958, a public hearing will be held at 7:30 o'clock P, M, in the Council Chamber in the City of Dubugtie at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and pro posed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City,Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the .city of Dubuque, the last of which shall be not less than two. (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final cosideration of said resolution have on file .with. the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections, at which hearing the Council will hear such objec- tions and enter on record its final decision thereon. Passed, adopted and approved this 3rd day of March, 1958. CLARENCE P, WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J, TAKOS Councilmen Regular Session, March 3, 1958 127 Attest; LEO F. FROMMELT, .City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Kihtzinger. Carried by ; the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. A. G. Sommerfeld addressed the Council requesting that the 1958 curb and gutter program in- elude approximately 180 feet, fronting his property, on Montana street from"'Merfeld Lane to Flora Park. He was asked to submit a petition. Councilman Freund moved that Lester J, Streinz be re-appointed far a five year term ending 3/5/63. to serve on the Board of Zoning Adjustment and Louis J. Lagen be re-appointed far a six year term ending 3/31/64 to serve on the Civil Service Commission. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. There being no further business Mayor Welu moved to adjourn. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. - Nays-None. LEO F. FROMMELT, City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958 Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958 Councilmen .................................... Attest ................................................ City Clerk ~ ', 1~2g special Session March 3, :195$ ~ , _ Special SESSIon; ~~~ ~ M-arch 31;.195& 1.29 }} ®~~~ ®~ ~ea~`~ Approved . ,,,,,,,,,,,,,,, ,,,,,,•.1958 ~ ~ ~ ~ Freu•nd, Kint zinger; Schueller; Takos, OFFICIAL ~ ~ Nays=None, Special Session, March 3, 1958 Adopted,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,19J8 (OFFICIALp Communication of State+ Auto• Board met at 10;55 P. M, Special Session, March 31, 1958, mobile and Casualty Underwriters submitting notice that the side- ' Present-Chairman Clarence P, "'""" ""'°' '••°•~ ~ Council met at 7:30 P. M, walk construction. bond that was ~, ' Welu Messrs. Geor e A. Freund , g , Present-Mayor Welu, Council- formerly cancelled, be reinstated to , ~~ I Charles A, Kintzinger, Leo N, Schu lle P J T k t ,,,,,,,,,,,,,,,,,,,, ,,,,,,,• men Freund, Kintzinger, Schueller, er Schutz Ma or na M Cit ;Dallas Bush, as though the cancel- ` ~ e r, e er , a os, Members , y a g y Takos. ' lotion had not really existed, pre- ~~ Vii` Absent-Dr, A, J, Entringer, of Board and stated that Welu read the call sented and. read,. Councilman ,...,.,,, of Health '~ ' "' " service thereof had been duly made 'Freund moved that the communica IOWA STATE DEPARTMENT OF and this meeting is called for the , tion be received and' filed. Sec- HEALTH ,,,,,,,,,,,,,,,,,,,;,,,,,, ,,,,,,,, purpose of acting upon such busi- onded by Councilman Takos. Car- . February 4, 1958 - Hess as may properly come before ried by the following vote; j ~ Mr. Leo F, Frommelt ~ a regular meeting of the City Yeas-Ma or Wel y u, Councilmen ~ City Clerk ', • """""""""'°"•°° •°°•°~ Counctl• Freund, Kintzinger, Schueller, Dubuque, Iowa. Communication of Iowa State De- Takos, i ~ Attention: Local Board of Health ~ Attest; ,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, ., partment of Health granting per- Nays-None, I ! Gentlemen: Clerk, Board of Health mit No; 58.195 for the construction Communication. of Fire Chief ~ ' The application for renewal of ; of sewers in the improvement Hickson.. expressing:. appreciation license by Mr. Ray Papin to oper- ' known as the Cedar Maple and to the Council for the fine coopera• ; ate the mobile home park known ! Sycamore Force Main and Lift tion given at the two day arson as Hawkeye Trailer Court during Station, presented and read, Coun- school. which was held on March ~i the calendar year 1958 has been'. Gilman Kintzinger moved' that the 4th and 5th, presented and: read, approved, conununication be received and Councilman Schueller moved that The yellow copy of his apphca• filed. Seconded by Councilman the communication be received and tion for renewal of license rs en- ~ Schueller, Carried by the follow- filed. Seconded by Councilman losed f or your file. in vote:. g Y a M l W i Takos, Carried b th y e followin g Very truly yours e ayor e s- u, Counc lmen vote: , Freund,. Kintzinger, Schueller, Yeas-Mayor Welu; Councilmen DIVISION OF HEALTH Talfos. Freund Kintzin er g Schuel e 1 r, HEALTH ENGINEERING ! Nays-None, Takos, Carl H, Moline Communication of Iowa State De- Nays-None. Sanitarian partment of Health granting per- Communication of Wm, Buelow Mr, Charles Kintzinger moved T nut Ao, 58.20.5 for the construction of 1903 Pierce. S r t eet, requesting that the communication be made a of a sewer in Green. Acres Subdi- a refund of assessment paid in the matter of record. Seconded by vision; presented and read'. Council- amount of $40,86. for the resurfac- Chairman Clarence P. Welu, Car- man Kintzinger moved that the ing. of Angella street, claiming that i ~~ ried by the following vote; communication be received and the r-o er, P P ty was assessed illegally, Yeas -Chairman Clarence P ' filed. Seconded' by Counalman Presented and read.. Councilman . Welu. Messrs. George A. Freund Schueller. Carried' by the following Kintzinger moved. that. the eom• , Charles A, Kintzinger Leo N " vote: munication be referred to the.. City , , Schueller Peter J Takos Yeas-Mayor Wela; Councilmen Solicitor for investigation and. re- ~ , , , 1 r e u n d, Kintzinger, Schueller, Port, Seconded by Councilman - ~ Nays-None, Takos.' Freund, Carried, by the. following ! Absent-Dr, A, J. Entringer. Nays-None, vote: There being no further business ' M Communication o f Dubu ue County Auditer submitting a peti- Yeas-Mayor Welu, Councilmen Freund„ Kintzinger, .Schueller, r. Charles A. Kintzin er moved ~ g that the Board of Health meeting tion of Barbara Rahloff, For sus- Takos, ~ ; adjourn. Seconded by Chairman pension or remission of taxes on Nays-None, ~ Clarence P. Weln, Carried by the account of old age or infirmity REPORT' OF DUBUQUE DOCK f ollo g vote: Chairman Clarence i on the E~ of Lot 352 in East Du- COIu1MISSIaN FOR 1957 P u M , . W essrs. Geor e A Fre n g u d, bugnc Addition, presented and To the Honorable City Council Charles A, Kintzinger Leo N. read, Councilman Freund moved City Manager , Schueller, Peter J. Takos, that the petition be referred' to Board of Dock Commissioners j! Nays-None. the City Manager for investigation Dear Sirs: Absent-Dr. A. J, Entringer, and report, Seconded' by Ccuncil~ Iu the year 1957 substantial pro ~ ,,,,, LEO F, FROMMELT man Takos. Carried' by the follow gress was made in waterway rep , Clerk Board of Health'` ing vote: sources- developments: Past navi'• ~~ Yeas-Mayor Welu, Councilmen gation and flood control projects 130 Special Session, March 31, 1958 are under way, and tonnage con- tinues to increase on all Inland Waterways. In 1957 tonnage marks the. 12th consecutive increase far waterway traffic, The Lower Missis- sippi River and tributaries alone moved over 100,000,000 tons, The tonnage on the Upper Mississippi increased 6% over 1956. Industries are still seeking sites along navigable waterways, recog- nizing that lower barge rates are an influential factor in meeting competition and in the distribution of raw materials and finished pro- ducts. Many of the new industries located om the rivers the last two years will be operating this year and barge officials told the writer, that they have been forced to in- crease their fleet equipments of tow boats, and barges to handle the increased business. Tonnage received at Port of Dubuque; Sulphur 20,062 U. S. Industrial Chemical Co. ''Coal 157,705 Interstate Power Co, Gas & Oil 56,384 Sinclair Refin- ing Ca Molasses 36,666 Inland Molasses Co Salt 8,014 International Salt Co, Sulphur tonnage dropped off, due to carry over stock pile; 'antici- pate increase this year. Coal tonnage averaged about the same, but am advised that due to Interstate expansion program, and new coal handling facilities that we could expect considerable more ton- nage in 1958. Sinclair carry over reduced their tonnage, but claim they will increase tonnage material• ly this year. Inland Molasses in- creased tonnage'n 1957, 5,666 tons over 1956. Salt tonnage was new business in 1957, 1957 was an important year in the industrial growth of our City. The Harnishchfeger Corporation of Milwaukee, a Manufacturer of heavy construction equipment has made. an offer to purchase 75.56 acres located in Block 5 and 6 of River Front sub-Division No. 3 in Area "B". They will build a plant of approximately $10,000,000. This offer at $2000.00 per acre was ac- cepted and negotiations are under way. St. Regis Paper Co., have also offered to purchase 14 acres at $2000,00 per acre in Block 7 of River Front Sub-Division No. 3 in Area "B", just south of the Harnis• chfeger site, which has also been accepted and as soon as plats have been developed, plans of building will get underway. Negotiations with the Railroads who will serve these plants, are now .being discussed. These two fine. plants will pro- duce jobs for our people and taxes for our City, and sincerely believe will encourage other industries to locate here. The Dock Commission, City Manager, City Council, Indus- trial Committee of the Chamber and the tax.: payers, who voted for the $2,000,000, bond issue, am sure all feel that we have. made a won- derful start in furthering the. In- dustrial growth of Dubuque. During the year the Dock Com- mission consummated an exchange of property on Eleventh Street, with. the Carr, Adams & Collier Co:; which gave' us an additional valuable industrial site on the South Side of Jones Street. This will be made ready for occupancy as soon as conditions permit, The pleasure boating business has been phenomenal, which is verified. by the huge crowds that visit boat shows, and is growing to such an extent that the U, S. Coast Guard is developing safety meas- ures to .apply on the navigable streams, During the year the Dock Commission c o l l e c t e d $481827 which represents space along the entire waterfront under its juris- diction, for boats, floats, boat houses,,etc, This includes the Du- buque' Marina, Inc, Pure Oil Co,, River' Excursions Inc., and Anchor Inn. Last year the Dock Commission recommended to the City Council; that the Lake Peosta Boulevard in Area "B" be designated as Kerper Boulevard, in recognition of the many,years of devoted efforts made by John A. Kerper,. in the devolop- ment of water transportation; All plats have been changed accord- ingly, Special Session, March 31, 1958 131 Engineer's report of AREA "B" for 1957 All contracts for construction of projects, as listed below were com- pleted in 1957. Schueller & Co., Stone Rip Rap Schueller & Co., Boat Launching Ramp Schueller & Co., Grading Water Works Park Schueller & Co., Hawthorne. Rhomberg Intersection Dubuque Stone Products, Surfac• ing City of Dubuque, Watermains Hennessey Bros., Roosevelt-Ham- ilton St. Storm Sewers Floyd-Neff Co,, Dock-Ann-Feng- ler St. ~5torm Sewers Till & Carnahan, Grading Peosta Boulevard Quad City Construction Co., San• itary Sewers LaCrosse Dredging Co., Wood LaCrosse Dredging Co., Baat Well; Schueller & Co., Black topping, Street paving; Schiltz Construction Co:; Guard Rail Contract to be leb -Sanitary sewage Pump Station. There will. be some grading of low spot and general clean. up. We have the following Projects on Agenda for 1958; .Development of AREA "A"; Dredging 12th out- let of Lake Peosta Channel; Dredg• ing 7th Street Harbor, north of Interstate to Eleventh St,; Dredg- ing Municipal Harbor; Completion of Sinclair fill; Fill below Terminal Building. The Dock Commission held 31 regular meetings, together with many informal conferences during 1957. Attached find -year end' 'state- ment, showing income and disburse- ments, piling, Boat Harbor Respectfully submitted Uncompleted Projects listed to Board of Dock Commis• be completed 1958; Interstate Pow- sinners er Co., Relocation of Power Lines; C, E, KIESELE, Manager December 31, 1957 DEPARTMENT OF PUBLIC DO CKS Cash on Hand First of Month ................................:. .... .::......... $71,029,53 First of Month Receipts ::........................................:: :........................ 3,531.61 Expenditures ...:.....................................................:...:::: :......:...:............ . 2,538.43 Cash on hand End of Month ....................................... ......................... $72,022.71 To Date To Date Receipts This Year Last Year Sale of Wood ...............:............................................ 36.13 George Hird ................................................................ 600.00 909.05 Dubuque Tank Terminal,Co . ..............:..................... 2,655.02 4,102.15 Eldon Miller ................................................................ 720.00 720.00 River Front Rentals .................................................... 2,568.27 2,226.12 Warehousing ................................................................ 12,321.50.:.. 12,21629 Dubuque Storage &Transfer. Co ............................. 3,872.38 3,668.98 Taxes ..............:........................:....:................................. 38,671.79 39,033.56 Taxes Military Service .........................................:...... 325.83 Sinclair Oil Co ............................................................. 3,565.10 3,353.59 Virginia-Carolina Chemical Co . .................. ..:...::. 2,100.00 2,100:00 Pure Oil Co .:....:..............::...... .................................... 650.00 650.00 Dubuque Sports Bowl ................................................ 202.30 5,07 Bartels & McMahan .................................................:.. 120,00- ' 120.00 Interstate Power Co ..........................:.................... 7,885.28 7,885.84 Sale of Junk .....,,' ..................:.................:.................... 27390 192.14 Insurance Refunds .................................................::. 139.89 Interest & Premium ............................:....................... _ 11,821.45 Insurance Damage Claims ....................................:... 59:00 Dubuque Marina Inc ................................................. 1,000.00 LaCrosse Dredging Co ......:..................:...:..:.............. 650.00 Interstate Power Co . .................................................. 25.00 Midland Truck & Equip. Co ..................................... 250,60 $76,817,30 $93,042.13 ~(! ", ~. i ~~' I I '~ ~_ ~ _ ~~ i~; I E, is f r. I ~I i I i 132 Special Session; March 31, 1958" December 31,.1957 Expended Expended Expended 153 A Dock Operation Salary Manager ............:....... Travel .................................... Maintenance ,,,,,,,,,,,,,,,,,,,,,,,, Material & Supplies ,..,.,,..,,. Insurance .............................. Traffic Association .....,.,.... Improvements ...................... Miscellaneous . ...................... 153 B Dredge Operation Salary Manager ,,..,...,..".,",,,", 1,5D0.00 Salaries Operators "....:,...". 9,000.00 Wages Laborers ...............",. 11,680.00 Maintenance Si Repairs..,,,. 3,000.00 Material & Supplies ,,.,.,",.,., 4,000.00 62,05 Electric. Power ,,,,,,,,,,,,,,,,,,,, 6;000.00 440,85. Marine: Insurance. ,...,.,,......,. 625,00 Workmen's Comp, Ins..,.,,.,. 550,00 Miscellaneous ....................." 500.00 Dredge Rebuilding .,..,..,..,, 26,500.00. 63,355.00 502,90 153 C, Riverfront Improvem ent Salary Manager ,,,,,,,,,,,,,,,,,,,, 3,000.00 433.33 Salary Machine Operator.,.. 7,500.00 4410,80 Wages. Laborers ................. 2,150.00 266.30. Trucking & Fill .................... 3,000.00 Equipment ..." ................"..,..,. 1,500,00 TooIs ...,,...,." .........................." 500.00.... .. _ Material & Supplies ...,.,,..,.. 2,750,00 158,97 Insurance .............................. 500.00 Workmen's Camp, Ins. ,.,. 200.00 Raising Power Line Relocating Tower .,,....,.,,. 5,000.00 Harbor Master 3,600,00 " Harbor Master Office-Rest Rooms.,..,.,. 3;000.00 32,700A0 1,259,40 153 D Terminal Operation Terminal Operator ,,.,..,,.,,. Terminal Laborers :.............. Office Help ,,,,,,,,,,,,,,,,,,,,,,,,,, Equipment .......................... . Maintenance ....................... Material & Supplies ,.,......... Insurance ......................:....... Improvements ,,,,,,,,,,,,,,,,,,,,,, Workmen's Comp. Ins. ,.,, Transfer of funds .............. Year for to to Date Budget Month. Date. Last Year 1,500.00 1,299.99 600.00' 141.30 889.33 245.00' 187.04 257.81 1,000.00 258.80 33,30 300.00 283,54 513.41 300.00 300.00 300.00 l,zoo,oa 1,000.00 31,50 5;505.01 4;820,11 6,145.00 31,50 7,975,68 6,813,96 1,299.99 3,961.89 5,850,30 2,371.83 2,381,60 2,688,67 625.00 219,78 3,801,52 4,887,72 5,144,85 2,554,48 2,697,67 625.00 133,18 19,399.06 19,899,42 2,166,65 4,415.32 2,544,04 4,226.17 5,337.75 5,003,00 995.00 151.84 3,431.00 4,672,86 211.02 274,61 19,727,77 13,701.49 2,744,10 8,800.00 60,00 5,473.02: 4;804,24 600,00 433,33. 5,099,96 3,000.00 745.37 3,150,00 1,000.00 152.52 1,208.10- .1,035,09 3,000.00 532,11 5,441.60 6,573,36 800.00 982:56 1,437,46. 1,500.00 875,00- 9,683,53 300,00 276,04 19,000,00 744.63 15,435.02 34,527,74 13,853.68 $121,200.00 $2,538,43 $62,537,53 $88,796,29 :Special Session, lVlarc~ 31, 1$58 .1.33 December 31, 1957 Accounts Payable Inland Waterways .Corporation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 29,601.55 Paid from Dec. 1951 to Nov. 30, 1957,,,,,,,,,,,,,,,,,,,,,,,,,,,, 16,395,37 December 1957 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,None 16;395;37 ', Balance Due 13;206,18 Algonquin Chemical Co. 'Now U, S, Chemical Co, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 14,671,49 Paid on Tonnage i0-2,+52 to November 30, 1957 ,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7,232;91 December :1957 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;None 7;232,91 Balance Due '7,438,58 $2,000,000,00 ..Bond Issue .:.Financial .Statement Decemb er 31, 1957 .Receipts Bonds Sold ,,,,.,,. ,,,, ,$2,000,000,00 Interest on US Investment Bonds .;,,,,,,,. ,,,, , ,,,,,,,,, 51,131,90 Sales Tax Refunds ,. ,,,,..,., ,......,. ........, ,.,,.,..., 4,777,67 Mettel :Realty & Inv, Co, , »,,, ,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, 20,00 Investment Bonds Matured_ ,.,.,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2,200,000.00 Total Receipts ,,,,,,,,,,,,,,,,,,,,,,,,,, ,;,,,,,,,, .,,,,,,,, ,,,,.,.,,$4,255,929;57 Investment Bonds Outstanding ;,.,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,$200;000.00 Balance 12.31.57 ....................:.. i,,,,..,.....,..,....,,..,...,..,,,.,.,,,,..,....:115,792,29 Total Funds :Available 12-31.57 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,$315,792,29 Expenditures .Elections „, ,;,,,,,,,,,,,,,,,, ,,, „ . , , ,;$ 1,169.44 Office ,,,,,,,,,,,, ,,,,, „ ,, ,,.,,,,,,,, ~ 4;02526 Property Purchases and Claims , , ,,,,,,,,,,,,,,, ,,,,,,, 78,859,90 Engineering :Services .............. ,,,,.,,, ,,.,,,,. , .,.,,,..,..,. , ,,, ... 64,522,04 Dredging .Contract ,,,,,,,,,,,,,,,,,,,,,,,,,,,,~,.,.,,,,.,,.,,,,,,..,,.,,.,..,,,,,,,,,,,,,.,. 887;223,47 Hawthorne Street Sewer ................................................................ 36,087,00 Little Chicago Storm Sewer ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4;043.66 ..,.., Ripraping .......... ..... .... ,.,,,,.,,.,,,,.,..,,,,..,,..,,,.,.,,. 110;039,81 Stone Surfacing to Access Roads ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1,796.72 Watermains &'Repairs .................................................................... 49,547,83 Boat Harbor Seeding Slopes and Surfacing Driveways ,..,..,,..,, 18,750.62 East 16th St, Culvert and Repairing East 16th Street .,.,,,,,,,.. 8,314,28 Raising Transmission Lines ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2,085,43 Roosevelt-Hamilton St, Storm Sewer ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 123,354;00 DoekStreet Storm Sewer ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, .,,... ,43;178,40 Grading Peosta Boulevard ............................................................ 16,956,0.0 Wood Piling'Boat Harbor ,,,,,,,,,,,,,,,, ,,,,,,, ,,, ,,,,,,, 5,045,00 Peosta Boulevard Paving Contract ,....,., 132,168,83 Boat'Launching Ramp ,,.,...,,.,. ,,,.:,... ,,.,,.,,. ,,.,,,,,. Area B Sanitary Sewers ,,,,,,,, ,,,,.,,, ,,,,,,,,, „,,,,,,, .23,806.01 71,525,02 Grading Park Area Between Boat Harbor and River ,,,, , , :4,940,84 Equipment Purchase (Weed .Mower) .,. ,,, „ ,. .,, . 1,750.00 Extra Work Orders ,..,,..,. ,.,,..,, ,.,,,. __,<,.< 5,743,Z4 .Boat Well ,,,, ,, , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 41,180:40 Total Project Expenditures ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$1,735;911,20 `, Purchase Investment Bonds ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2;404,226,08 Total .Expenditures ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, , 4,140,137,28 Balance 12-31.57 ,.. ,, , „ ,,, ,,,, 115,792,29 _ x$4;255,929:57 ", f, ill IN 134 Special Session, March 31, 1958 Mayor Welu moved that the re- port be received and made a mat- ter of record. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund,; Kintzinger, Schueller, Takos. Communication of James Sig- man signifying his interest for purchase of the City owned lot on the corner of Hillcrest and Morningview where a lift station was formerly located, presented and read... Councilman Schueller moved that an appraisal be made of the property and that the Coun- cil view the grounds. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos, Nays-None.. Communication of William) J. Walsh of 2303 Washington Street objecting to severe interference of radiation from the Jerrold tele- vision cable since its inauguration in the 'City, presented and read, Mayor Welu moved that the com- munication be referred to the City Manager and -Electrical Inspector to .confer with Mr, Campbell of Jerrold TV for investigation and report.; Seconded by _ Councilman Freund.. Carried by_the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Communication... of Disabled American Veterans requesting that handicapped. persons. should _be considered to serve in assisting the Police Department in the checking of parking meters, providing they be duly qualified to serve, pre- sented and read. Cotncilman Freund moved that the commiani• cation be received and filed. Se~- onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. _ Nays-None, Communication. of .Veterans of Foreign Wars objecting to the proposed plan of hiring women to check on parking meters and sug- gesting, that the jobs should first be offered to disabled veterans and handicapped persons, presented and read, Councilman Freund moved that the communication be received and filed. Seconded by Councilman Takos, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None, .Communication of U, S. Repre- sentative Henry. 0, Tolle pledging his support to bill S. 497 being the Engineer's request for appropria• tion needed to accomplish the dredging of the local harbor un- der 'the omnibus bill, presented and read, Councilman Freund moved that the communication be received and filed. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays.-None. Communication of U. S. Confer- ence of Mayors stating that the City of Dubuque municipal airport has been listed in a group of air- port construction and improve- ments projects under the fiscal 1958 Federal Aid Airport Program for-the construction of a hangar apron in .the amount of $12,500 presented and read.. Mayor Welu moved that the communication be received and-filed. Seconded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos, Nays-None. Communication of Inter Ameri- can Municipal Organization extend- ing an invitation to the Council to attend the Inter American Con- gress of :Municipalities to be held in Rio De Janeiro from November 10 to 20th, presented and read. Mayor Wela moved that the com- munication be'received and filed. Seconded by Councilman Schuel- ler: Carried by the following vote: Yeas-Mayor Welu, Councilmen I'reund, Kintzinger, Schueller, Ta- kos. Nays-None. Communication of Haight Davis & Haight Inc, Actuaries, submit- ting afactual and actuarial analy- Special Session, March 31, 1958 .135 sis of the Police and Fire Retire- e ment System of the City, present- ed and read, Councilman Schueller moved that the report be received and filed, Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Communication of Board of Dock Commissioners submitting Lease and Agreement with Du- buque Bulk Commodities River i Terminal for the operation of the Municipal River Terminal for a period of five years cammenang March 1, 1958 for wharfage fees and rentals, presented and read, Councilman Kintzinger moved that the lease and agreement be re- ceived and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. March 27, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Le Roy Stodden, 449 Dewey Avenue, Galena, Illi- nois, requesting extension of pres- ent Local Business B Classification at Farley Street and Rhomberg Ave,, to include Lot Eleven of T. McCraney's 2nd Add, was con- sidered. The Commission viewed the area which except for the two cor- ner buildings is predominantly residential, some single family, some two family, The purpose of this request was to enable the own- . er to further subdivide this home to multiple family by lessor lot area requirements. The Commission recommends to City Council denial of this petition, Respectfully Submitted, The Dubuque Planning & Zoning Commission By R. D, WALLER, Acting-Secretary Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, March 27, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Westminster Presbyterian Church requesting Vacation of a portion of Ashton Street and a portion of the alley first east of Ashton Street was considered by the Planning & Zon- ing Commission. The Commission viewed the grounds and observed that. the requested area have never been open for public use and on the ground appear to be non existant. There are public utilities using the alley and easements for present uses should be reserved, The Commission therefor e recommends granting of the re- quest, Respectfully submitted, The Dubuque Planning & Zoning Commission By R, D. WALLER, Acting-Secretary Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved and that proper proceed• ings be prepared, Seconded by Councilman Takos, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. March 27, 1958 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: You have asked my opinion whether the City of Dubuque can legally comply with the request of the local Civil Defense Director that the City pay over to his or- ganization public funds to defray the expenses of the organization, including the salary of the di- rector, ~;y ;~s ;dry a~ 136 `Special Session, March 31, 195$ I. The 'only current legislature expressly affecting Civil Defense 7s the "Cfvil Defense Act of 1951, enacted by the 'Congress of the United States (50 USCA App. 2251, et seq.). This Act defines the Con- gressional ,policy, in part, as fol- lows: "It is declared to be the policy and intent of Congress that this responsibility for Civil defense shall be vested primarily in the States -and their political subdi- visions. The Aet does not "authorize the establishment of Local Civil De- fense Units, but authorizes the Ad- ministrator to "utilize such'volun- tary and uncompensated services by individuals or organizations as may from-time to time be needed" T-here fs no current State legis- lation on Civil Defense. During 'World War II'the Fiftieth General Assembly enacted the'Emergency War Act of 1943, '-which provided for County and Local Defense Councils and expressly authorized counties and municipalities to pay over public monies to these or- ganizations, but only at the re- quest of the County Defense Coun- cil or Loea1 Defense'Council, This Act, by its terms, terminated June 30, 1945. However, Chapter 63 of the Aets of the Fifty-first General Assembly extended this authority "for the duration of the present war." The war referred to has "the popular title of World War II, but actually consisted of war with Japan, Ger- many, Italy,'Bulgaria, Hungary and Roumania.`War-with the last-four of these terminated in 1947 -and war with" Germany and Japan ter- minated in 1951. It should be noted 'that the'au- thority contained in the Emergency War Act of 1943 terminated in 1951, the Federal Civil Defense Act '"was enacted in ' 1951, and the Iotfia Legislature -completely red vfsed the municipal revenue laws yin ,1961, Yet 'the Legislature did not see fit'to continue the author- ity;of the Emergency War Act-or -enact a substitute for it, or ex- pressly =mention civil defense in the municipal revenue laws. Municipalities are creatures of the -Legislature, They possess and can exercise only the powers (1} expressly granted by the legisla- ture; {2) necessarily or "fairly 'im- plied or'incident to the powers ex- pressly granted; and (3) 'those in- ~dispensably essential to the de- clared objects and purposes of the municipality. Since the Legislature has seen 'fit expressly to 'grant the powers contained in "the 'Emergency War Act one can only conclude that these .powers are not implied or contained in the .police power, And, .since the Legislature did not see fit to continue or extend these powers in 1951, or subsequently, one must conclude that it is the in- tent of the Legislature to deny this:authority to the municipalities. II. As has 'been heretofore point- ed out, the Local Defense Unit is a volunteer association with lofty and admirable motives and objec- tives, but it has no governmental connection, The Supreme Court of Iowa has often held that a City may not donate public money to any pri- vate corporation or association such as the Red Cross, Y,M,C;A., 'Boy `Scouts, Community Chest, or similar organization that renders laudable service to the community, 'however commendable its objects may be. (Grittan vs, City of Des Moines, 1953) 73 N. W. (2) 813. -This rule is subject to an exception for .those cases which .have been specifically authorized by the Legis- lature. -For both of the-above reasons, ;you are advised that, in my opin- ion, if you authorize a transfer of funds .to .the .Local .Civil Defense Unit you will be-guilty of unlawful diversion of public money. Respectfully, T. H, NELSON Councilman 'Freund moved that the opinion of the City Solicitor be made a.matter of record. Sec- onded by Councilman Kintzinger. Carried by'the following vote: 'Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. 'Nays-None. i Special. Session, Councilman Freund moved that the rules be suspended in order to let: anyone present address the Council if they so desire. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Civil Defense Director Wm. D, Callaghan addressed the Council stating that he now has a complete set of officers for each department, but they are in urgent need of funds, March 28, 1958 Ta the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The budget of the Civil Defense Director, William D. Callaghan was referred to th€ City Council, City Solicitor and City Manager for further study, f have investigated the budgets of some other cities and find as follows; the City of Cedar Rapids has a budget of $6000 for civil de- fense of which $3600 is paid for the full time director; the City of Clinton has no budget for civil defense; the City of Council Bluffs has no budget for Civil defense; the City of Davenport expended $500 during the last fiscal year and has a budget of $1200 for this fiscal year; the City of Des Moines has a budget of $5938 which in- cludes rent, clerical assistance and office expense. The City of Dubuque has a budget for civil defense for 1958 of $1681,18. Out of this appropria- tion it is necessary that we pay $420 for telephone service and $30 for a typewriter that was furnished. This leaves $1231,18 available fop civil defense activities the expendi- ture of which would be under the jurisdiction of the City and all vouchers would be processed in the normal manner. I would recommend setting up a flat amount for car expense of $50,00 per year if the expenditure of city funds is authorized. Respectfully submitted, L. J. SCHILTZ, City Manager March 31,,1958 13T Councilman. Freund moved that no action be taken and the City Manager be instruGted~to urge the State Director of Civil Defense to meet. with the Manager, City Coun- cil and the. Local Defense Director to review the situation.. Seconded by Councilman Takos. Carried by the following voter Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller,_ Takos. Nays-None, March 20, 1958 To the Honorable. Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City t~udltor, City Treasurer, City Health Department and City Water Works for the month of February as well as list of claims and list of payrolls for which war- rants were issued for the month of February, 1958. Respectfully submitted,. L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the reports be received and filed, Seconded by Councilman Schueller. Carried by the follow- ing votes Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Takos, Nays-None. Proof of Publication, certified to by the Publisher, of Stalpment of Receipts and a list of claims for which warrants were drawn during the month of February 1958, pre- sented and read, Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger., Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays.-None. March 5, 1958 To the Honorable Mayor and City Counct Dubuque, Iowa. Gentlemen: Due to an error on the Pennsyl• . vania Avenue Schedule of Assess ^ pll ~!~ 138 Special Session, March 31, 1958 ment in the City of Dubuque 1957 Concrete Curb and Gutter Project No. 1, Mrs, Angela C. Brawn was assessed $311,31 in error far Lot 2 of 2 of the W/ of the NWr/a of the NW'/4 of Section 27.89.2E, Mrs. Brown paid this amount along with the assessment for other lots she owns on this improvement into the Special Assessment Fund No. 1202. I would like to request that your Honorable Body grant the author ity to the City Auditor to draw a warrant on the Special Assessment Fund No. 1202 in the amount of $311,31 to Mrs. Angela C. Brown. This above mentioned lot was recorded on the Schedule of As- sessment as follows; Owner Description of Lot Amount Mrs. Angela C, Brown, Lot 2 of 2 of the W/2 of the NW'/a of the NW'/a of Section 27.89.2E..,,$311,31 I request that your Honorable Body grant the City Clerk the authority to change the reading of this lot on the Schedule of Assess• went to read as follows: Owner Description of Lot Amount Bufford J, and Katherine Kelly Lot 2 of the W/: of the NWl/a of the NW'/4 of Section 27.89-2E $331.31 Respectfully submitted, L. J. SCHH.TZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. March 27, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval. of the City Solicitor; HEATING Moore Engineering Company, Inc., U. S, Fidelity & Guaranty Co. Alex Kollar, Western Surety Company. Joseph W. Loucks, Merchants Mutual Bonding Co. Norval M, Sprunger, Western Surety Company. SIDEWALK Raphael H. Strub, Western Sure• ty Company, Robert Shireman & Edgebert Mc Namer, Merchants Mutual Banding Co. Thos. Flynn Coal Company, Standard Accident Inc. Co. BLASTING George Saffron, American Sure- ty Ca, of N. Y. EXCAVATION Dubuque Plumbing and Heating Co., Bituminous Casualty Corp, Dubuque Excavating Company, Bituminous Casualty Corp. Schueller & Co,, Inc,, Standard Accident Ins, Company. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kintzinger moved that the bonds and policies be filed subject to the approval of the City Solicitor, Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, March 29, 1958 To the Honorable Mayor and City Council Gentlemen: The Police Department has been studying the feasibity of installing some traffic control at the inter- section of University Avenue and Asbury Road. It is their recom- mendation that a stop sign be erected for east bound traffic for University Avenue entering the in- tersection of University and As- bury. I recommend that a stop sign be located at this intersection and proper proceedings be prepared. We have also investigated the feasibility of locating stop signs at the intersection of St. Ambrose Street and Rosedale, Because of the visibility at this intersection and the increasing traffic, it is recommended that stop signs be Special Session, March 31, 1958 139: placed on both sides of St. Am- brow Street to make the traffic stop before entering the inter- section of St. Ambrose Street from Rosedale Street. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, March 28, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Resolution of the Board of Directors of the Retail Merchants Bureau of Dubuque Chamber of Commerce going on record as favoring consideration of modern and improved street lighting of the business areas of the City of Dubuque was referred to the City Manager to explore the possibility of constructing these lights by special assessment and to cheek a possible cost. I have investigated the possibil- ity of replacing the existing light standards with new modern type standards that would be thirty feet in height and have a modern flourescent type luminaire, This type of a light is the newest and most modern type of light made at the present time and I feel should be the type we would install in Dubuque. A similar type of lum- inaire is that around the Interstate Power office building on 10th and Iowa Streets. The cost of installing this type of a luminaire would amount to approximately $5,65 per foot of as- sessable property. The amount of lumination with the new type of standards would be from three to four times the amount of foot candles that we have at the present time on our boulevard lights, I would recommend that the City Council order plans prepared and a plat scheduled to replace all of the existing boulevard lights in downtown Dubuque on Main Street, Iowa Street and Central Avenue and also to install boule- vard lights on 9th and 8th Streets between Central Avenue and Bluff Streets. This project could be broken into four or five sections so that one section or another could be dropped if the property owners in the area did not desire to pro- teed with the special assessment project. The various sections could be: 1. Main Street 2. Iowa Street 3. Central Avenue to 18th Street 4, Central Avenue from 18th to 20th Streets 5. 8th Street and 9th Street, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved, Second- ed by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. March 31,1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen I recommend at the Council Meeting of AprIl 7, 1958 that the following portion of the Merfeld Lane Curb and Gutter, included in the City of Dubuque 1958 Curb and Gutter Project No. 1, be deleted from the program, The north side of Merfeld Lane from the West Property Line of Montana Street west to Flora Park. This portion of curb is abutting the Glenn Carris Subdivision and will be constructed by the sub- divider. Respectfully submitted, L, J, SCHILTZ, City Manager ~•;° , I441 Special Session, March 31,.1958 Councilman. Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Freund, Carried by the following vote;. Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, March 14, 1958 Hon, Mayor and Members of the City Council, City of Dubuque; Iowa, Gentlemen: I have examined the claim of Rita Elliott, 210y2 West SeventYr Street, Dubuque, for injuries sus- tained in a fall on a defective side- walk at Sixth and Iowa Streets on February 15, 1958, and find that the injury sustained as claimed, and the defect existed as claimed. I therefore recommend that this claim be allowed in the amount of $61.b0 and the Auditor instructed to issue a warrant, payable to Rita Elliott in the amount of $61.50 and deliver the same upon receipt of a properly executed. release. Respectfully, T. H, NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved and the Aud- itor instructed to draw a warrant payable to Rita Elliott in the amount of $61,50 and deliver the same upon receipt of a properly executed release. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. to issue. a warrant payable to Leo Plein in the amount of $114,68 and deliver the same. upon receipt of a properly executed release. Respectfully, T, H, NELSON Couneflman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Leo. Plein in the amount of $114.68 and deliver the same upon receipt of a properly executed release. Seconded by Councilman Kintzinger, Carried by the. following. vote: Yeas-Mayor Welu, Councilmen 'Freund, Iintzinger, Schueller, Takos. Nays-None. March 12, 1958 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have examined the claim of Mrs. Loretta Strohmeyer, 1068 Main Street in Dubuque, for dam- ages sustained in a fall of defective sidewalk at 398 Main Street on February 5, 1958 and find the de- fect existed as claimed and that Mrs, Strohmeyer fell and broke her glasses; that the cost of repair of the glasses is $8,50. I therefore recommend that Mrs. Strohmeyer's claim be allowed in the amount of $8,50 and the Aud- itor instructed to issue a warrant payable to Mrs. Loretta Strohmeyer in the amount of $8.50 and deliver the same upon receipt of a proper- ly executed release. Respectfully, T, H. NELSON March 21, 1958 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Leo Plein of 2205 Marion Street, far damages sustained when he hit a defective manhole in Curtis Street, February 17, 1958, and find the defect existed as claimed, and recommend that the claim be al- lowed in the amount of $114.68, and that the Auditor be instructed Councilman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Mrs. Loretta Stroh- meyer in the amount of $8.50 and deliver the same upon receipt of a properly executed release. Second- ed by Councilman Kintzinger. Car- ried by the following vote:. Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, Spacial Session, N~arch 31, 1958 ~l~j, March 6, 1958 -Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; 3 have investigated the claim of 'Mrs. Evelyn Moran, who fell on a defective sidewalk in front of 1513 Central Avenue on April9,1957. Mrs. Moran sustained a fracture of her ,knee ;as a .result of which she was.hospitalized for 4 days and after ;which she was in a cast for approximately 2 months, She has sustained substantiai medical and hospital ,expenses, as woll as expense for assistance around her.home while she was:un- :able to carry :out her regular duties. I"have discussed this matter with Mr. Alan Kean, Mrs. Moron's -at- torney, and'he has agreed to accept one thousand dollars in full settle- ment. I .recommend that this claim .be allowed and the Auditor instructed to issue.a warrant payable to :Eve- lyn;Moran and Alan Kcan, her at- torney, in the amount of .$1,000 and deliver the same upon :receipt of a properly executed release. Respectfully, T, H. NELSON ,Councilman ;Takos moved ..that ahe recommendation of the City Solicitor be;approved and the Aud- itor:instructed to draw a warrant ,payable to!Evelyn Moran and Alan :Kean, .her attorney, in the amount of $1;000. and deliver the same upon receipt of a properly execut- ed release. Seconded by Council- man Kintzinger, Carried by the 'following vote: Yeas-Mayor Welu, .Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. the part ,ef the City and recom- mend that the claim be denied, Respectfully, T. H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor 'Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, March 10, 1958 .Hon, Maycr and Members of the City Council, City of Dubuque, Iowa. Gentlemen: 1 have investigated the claim of Mrs, Bernadine Udelhofen, .1695 Mt. Pleasant, Dubuque, for dam- ages sustained in a fall at 876 Clarke Drive and can find no negli- gence on the part of the City .and recommend that the claim be de- nied, Respectfully, T. H, NELSON Councilman Takos moved .that the recommendation of the City Solicitor be,approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, :Kintzinger, Schueller, Takos, Nays-None. March 10, 1958 -Hon, :Mayor and Members of the City Council, .City of ,Dubuque, Iowa, .:Gentlemen: I have examined the claim of Earl W. Cook, 1545 Ruan Drive, far damggos sustained while ,driving on :Pennsylvania Avenue. I can find no negligence~on the :part of .the :City -and recommend that the claim be denied. March 10, "1958 ,Respectfully, Hon,_Mayor.and Members T. H, NELSON of the City .Council, Councilman Takos moved that City.of Dubuque, Iowa, the recommendation of the City Gentlemen: Solicitor be approved, Seconded by I .have examined the claim of .Councilman Kintzinger, Carried by Mr. Leo A, Weber, 1025 Locust the following vote: Street, Dubuque, for damages sus- Yeas-Mayor Welu, Councilmen ..tained in a 'fall on January 2Q Freund, Kintzinger, Schueller, 1958 and do not find that the fall Takos. :resulted from rany negligence on . Nays-None, t 142 Special Session, March 31, 1958 March 10, 1958 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Lavern G. Peters, 540 Napier Street, has been paid by Northwestern Bell Telephone Company and I herewith return the claim for your files. Respectfully, T, H, NELSON Councilman Takos moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, March 10, 1958 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa, Gentlemen: I have examined the claim of Mrs. Minnie Huekels, 436 Almond Street, for damages claimed to have been sustained as the result of a stopped-up sewer. I can find no negligence on the part of the City and recommend that the claim be denied. Respectfully, T, H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Kintzinger. Carried by the following vote. Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Notice of claim of Stan Meis of 2145 Chaney Road in the amount of $38.70, for wearing apparel damaged worn by his son as the result of falling into an excava- tion at Morningview and Hill- crest Roads on February 27, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Notice of claim. of Chas. T. Correll of 1110 Iowa street in the amount of $82.40, for car damage sustained when paving collapsed under his ear while driving on Shelby street on March 8, 1958, presented and read, Councilman Kintzinger moved that the claim be referred to the City Solicitor far investigation and report.. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmeu Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Albertus G. Weidenbacher of R, R, No. 1, in the amount of $73.30, for car damage sustained as the result of striking a cave-in adjacent to a manhole in Hillcrest Road on March 8, 1968, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Council man Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Notice of claim of James Flury Jr, of 936 Rock street. in the amount of $45.50, far personal in- juries received in a fall at 12th and Main street on February 10, 1958, presented and read.'Council- man Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund,. Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Jerry Esser of 1701 Lincoln Avenue, in the amount of $10.00, for personal property damage sustained as the result of a broken water main flooding the basement of her home on February 27, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor fol'investiga- tion and report. Seconded by Councllman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Special Session, March 31, 195$ 143 Freund, Kintzinger, Schueller, Takos. Nays-None, Notice of claim of Mrs. Donald Ward of 1517 Maple street, in the amount of $180.00 for expense in• curred as the result of sewer back- ing up into her home on March 20, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller,. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Richard J, Mueller of 981 Edison Street, in the amount of $25.00, for car dam• age sustained as the result of striking a raised manhole on Glendale Court on March 30, 1958, presented and read. Councilman I{intzinger moved that the claim be referred to the City Solicitor fnr investigation and report. Sec• ended by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, ORDINANCE N0. 11.58 An Ordinance Changing the name of Montana Street to Flora- view Drive, presented and read, Councilman Freund moved that the reading just had be consider- ed the first reading of the Ordih- ance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE No. 11.58 An Ordinance Changing the name of Montana Street to Floraview Drive, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; Section 1. That the name oY Montana Street from Wilbricht Lane to Merfeld Lane be and the same is hereby changed to Flora- view Drive; Section 2. That the City Clerk be and he is hereby authorised and directed to record a certified copy of this Ordinance with the County Recorder of Dubuque County, Iowa, and the County Auditor of Du- buque County, Iowa. Section 3, This Ordinance shall be in full force and effect from and after its final passage, adop- tion and Publication as by ]a~q pro- vided. Introduced the 31st day of March, 1958; Rule requiring reading on three separate days suspended by unani- mous vote the 31st day of Marcl 1958. Passed by recorded roll call vote, adopted and approved this 31st day of March 1958. CLARENCE P. VJELU, Mayor. GEORGE A. FREUND, LEO N. SCHUELLER, CHARLES A. KINTZINGER, PETER J. TAKOS, Councilmen. Attest; LEO F. FROMMELT, City Clerk. Published officially in'the Tele- graph-Herald newspaper this 3rd. day of April 1958. LEO F, FROMMELT, lt. 4-3 City Clerk. Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, ORDINANCE N0. 12.58.. An Ordinance Authorizing St, Mary's Church to install pipes in Sixteenth Street,. and the alley first east of White street, and to erect a oanopy, presented and read, Councilman Freund moved that the reading just had be consider- ed the first reading of the Ord- inance. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three sep• agate days. Seconded by Council• man Schueller. Carried. by the following vote: 144 Special Session, March 31, 1958 Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 12.58 An Ordinance Authorizing St. Mary's Church to Install Pipes in Sixteenth Street, and the Al- ley first east of White Street, and to Erect a Canopy. Be It Ordained By The City Council Of The City Of Dubuque, Iowa; Section L That St. Mary's Church be and it is hereby granted the right and authority to install an 8 inch steam line and a 2y2 inch condensate line, both enclosed in an 18 inch rick-wil from its boiler room northerly across Six- teenth Street and the alley first east of Sixteenth Street, to the South 1/5th of City Lot 485, all in accordance with the plans now on file with the City Council; Section 2. That St, Mary's Church be and it is hereby grant- ed authority. to construct a canopy over White Street, attached to its building, an .the South 1/5th of City Lot 485, now known as St. Mary's Casino, all in accordance with plans now on file with the City Council; Section 3. Such construction shall be done under the supervi- sion and direction of the City Manager of the City of Dubuque and in accordance with all applic- able State and Federal Laws and regulations and the Ordinances of the City of Dubuque, Section 4, That the right to con• struct and maintain said pipe, rick-wil and canopy shall be sub- ject to the continuous control of the City Council, reserving the right to said City Council to im- pose restrictions and conditions on the enjoyment thereof as the said City Council may deem neces- sary for the protection of the public interest, including the right to revoke or rescind the grant hereby made: Section 5. As a further consid- eration of the privileges herein granted St. Mary's Church, far it- self, its successors and assigns, shall assume any and all liability for damages to person or property which may result from the con- struction or maintenance of said pipe, rick-wil or canopy. Said per- mittee for itself, its successors and assigns, agree at its own ex- pense, to pay on behalf of the City of Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed on the City of Dubuque for damages of any kind resulting from the construe- tion or maintenance of said pipe, rick-wil or canopy sustained by any person or persons caused by accident or otherwise. Said per- mittee shall defend, at its own expense and on behalf of said City, any claim against said City arising out of the construction or maintenance of said pipes, rick- wil or canopy; Section 6. Should the privileges herein granted be rescinded or re- voked, St. Mary's Church, its suc- cessors or assigns shall, within thirty days after receipt of writ- ton notice from the City Man- ager so to do, at its own expense, remove said pipe, rick-wil or can- opy, and in the event of its fail- ure so to do the City of Dubuque shall be authorized to remove any of said installations, at applicant's expense, assess the cost thereof against the premises and the ap- plicant shall have no claim against said City, or its agents, for any damages resulting from said re- moval; Section 7. This Ordinance shall become effective and the rights hereunder shall accrue to St. Mary's Church when this Ordinance has been adopted by the City Council and accepted by the appli- cant by acceptance endorsed on this ordinance. Section 8. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 31st day of March, 1958. Rule requiring reading on three separate days suspended by un- animous vote the 31st day of March, 1958. Passed by recorded roll call Special Session, March 31, 1958 145 vote, adopted and approved this 31st day of March, 1958. CLARENCE P, WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Published officially in The Tele• graph-Herald Newspaper this 28th day of April 1958. LEO F. FROMMELT, City Clerk 1t. 4/28 ACCEPTANCE OF ORDWANCE N0. 12.58 St. Mary's Church, having full knowledge and understanding of the terms and conditions of Ordi• nonce No. 12.58, hereby accepts the same as adopted and agrees far itself, its successors and as• signs to comply with ali the terms and conditions thereof, and grant unto the City of Dubuque, all the privileges and rights in said Ordinance contained. Signed this 24th day of April, A. D., 1958. ST, MARY'S CHURCH, Permittee, By Rev. Anthony S, Sigwarth 1t. 4/28 Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. ORDINANCE N0. 13.58 An Ordinance Regulating and Licensing "Going-Out of Business Sales" Fixing License Fees, and Providing a Penalty far Violation thereof, presented and read, Councilman Kintzing'pr moved that the Ordinance be referred to the Council for further considera- tion. Seconded by Councilman Takos. Carried by the following Vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. March 31, 1958 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Doubt has arisen regarding the validity of portions of Ordinance No, 78, because there is no pro- vision expressly prohibiting cer- tain therein defined offenses. Tn order to obviate this doubt I have prepared and herewith submit a proposed Ordinance for your adoption, expressly describ- ing and prohibiting the offenses. Respectfully submitted, T'. H. NELSON Councilman Kintzinger moved that the comunication be received and filed. Seconded by Councilman Freund. Carried by the following• vote; Yeas-Mayor' Welu, Councilmen Freund, I{rntzinger, Schueller, Takos. Nays-None, ORDINANCE N0, 14.58 An Ordinance Prohibiting Dis- turbance of the Peace; Providing for the Preservance of the Public Peace and Safety; and Providing penalties for the Violation hereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the rules be suspended requiring the reading of an Ordinance on three separate days. Seconded by Councilman Kintzinger. Carded by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0, 14.58 An Ordinaneo Prohibiting Dis- turbance of the Peace; Providing for the Preservation of the Public Peace; and Safety; and Providing Penalties for the Violation hereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1, No person, within the corporate timits oP this City, shall wilfully disturb the peace and quiet of others by violent, tumultous, offensive or obstreperous conduct ~' uiFl 1 I I ~!, ~~, '~ ' ' ~Iri u!i ~~ i I ~IIII~ ~iu~!, 146 Special Session, March 31, 1958 or carriage, or by loud or unusual noises or by unseemly profane, obscene or offensive language cal- culated to provoke a breach of the peace; Section 2, No person within the corporate limits of this City, shall suffer or permit any hallooing, quarrelling, fighting,... or unusual noise or affray, or any act or con- duct prohibited by the preceding section, in any house, or upon any premises, owned, occupied, pos- sessed, or controlled by him, in such a manner as to disturb the peace of others, or the public quiet of the neighborhood or City; Section 3. No person within the corporate limits of this City, shall engage in a fight with another, or assault, etrlke, or attempt to as- sault or strike another, or invite or defy another person to Ylght or quarrel; Section 4. No person within the corporate limits of this City shall disturb or interrupt any public meeting or lawful assemblage of people by any act or conduct pro. hibited in the preceding sections; Section 5, No person within the corporate limits of this City shall ring or sound any bell, auction bell, gong, or similar device upon the streets ar alleys within the City, or in front of any place of busi- ness or dwelling house, or upon any wagon or other vehicle, for the purpose of advertising any auc- tion or other sale or event, in an offensive or unnecessary manner; Section 6. No person within the corporate limits of this City, shall resist or obstruct, or in any way interfere with any police officer, or member of the fire department in the performance oP any official duty; Section 7. Any person who vio- lates any of the provisions hereof shall, upon conviction be punished by a fine not to exceed One Hun dred Dollars ($100) or imprisonment not to exceed thirty (30) days. Section 8. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law provided, Introduced the 31st day of March, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the 31st day of March, 1958. Passed by recorded roll call vote, adopted and approved this 31st day of March, 1958. Clarence P. Welu Mayor George A. Freund Leo N. Schueller Charles A. Kintzinger Peter J. Takos Councilmen Attest; Leo F, Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 3rd day of April, 1968, Leo F. Frommelt City Clerk 1 t, 4-3 Councilman Freund moved the adoption of the Ordinance, Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, ORDINANCE N0. 15.58 An Ordinance Providing for the Preservation of the Public Morals and Decency, and Providing a Pen- alty for the Violation hereof, pre- sented 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, ORDINANCE N0. 15.58 An Ordinance Providing for the Preservation of the Public Morals and Decency, and Providing a Pen- alty for the Violation hereof, BE IT ORDAINED BY THE CITY COUNCIL OF THH CITY OF DUBUQUE: Section 1. If any person, within the corporate limits of this City, keeps a bawdy house, brothel, house of ill-fame or of prostitution, resorted to for the purpose of prostitution or lewdness, he shall be guilty of keeping a house of ill-fame, and shall be punished as hereinafter provided: Section 2. If any person, within the corporate limits of this City, for the purpose of prostitution or lewdness, resorts to, uses, occupies, inhabits, or is an inmate of any bawdy house, brothel house, house of ill.fame or place kept for such purpose, ouch person shall be guilty of being an inmate of a house of ill-fame, and shall be punished as hereinafter provided; Section 3. If any person, within the corporate limits oP thfs City, frequents or is found in any bawdy house, brothel, house of ill-fame or prostitution, without having any lawful reason for being therein, such person shall be guilty of fre- quenting ahouse of ill-fame and shall be punished as hereinafter provided; Section 4. If any person, within the corporate limits of this City, conducts himself in a lewd, inde- cent or immoral way or engages with another person or persons in any boisterous, offensive, or dis- orderly conduct which is shocking or degrading to the public morals' and decency, he shall be guilty of disorderly conduct, and shall be punished as hereinafter provided; Section 5. If any person, within the corporate limits of this City, resorts to any house, apartment, hotel or other building or room therein, or to any other place. for Special Session, the purpose of lewdness or other immoral purpose, or if any person resorts to any house, apartment, hotel or other building or room h rein for an immoral ur ose t e p P with a person to whom he or she is not married, ho shall be guilty of disorderly conduct, and shall be punished as hereinafter provided; Section 0, If any person, within the corporate limits of this City, knowingly permits or allows in any house, apartment, hotel or build- ing or room therein, owned by him or under his control, any drunk- enness, lewd, obscene or indecent conduct or behavior, or permits or allows lewd and disreputable per- sons, either male or female, to gather and be entertained with food or drink in such house, apart- ment, hotel ar building, or room therein, he shall be guilty of keep- ing adisorderly house, and shall be punished as hereinafter pro- vided; Section 7, If any person within the corporate limits of this City, becomes drunk or intoxicated, or is found in a state of intoxication, he shall be guilty of drunkenness, and shall be punished as herein. after provided; Section 8. If any person, within the corporate limits of this City, is found without any visible calling or lawful means of support, or is a vagrant or street beggar, he shall be guilty of vagrancy, and shall be punished as hereinafter provided; Section 9. Any person who shall commit any of the offenses de- fined in the foregoing eight sec- tions shall be guilty of a mis- demeanor and upon conviction thereof shall be fined not more than One Hundred Dollars ($100) or imprisoned not more than thirty (30) days. Section 10. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law pro- vided, Introduced the 31st day of March, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the 31st day of March, 1958. Passed by recorded roll call vote, adopted and approved this 31st day of March, 1958. Clarence P. 1Velu Mayor George A. Freund Leo N. Schueller Charles A. Kintzinger Peter J. Takos Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph .Herald Newspaper thfs 3rd day of April 1958. Leo F. Frommelt City Clerk Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. March 31, 1958 147 Petition of L. H. Crane, request- ing arefund of $25.00, on the un- expired .portion of cigarette Lic- ense No. 103, as he has discontin- ued business as of March 31, 1958 presented and read, Councilman Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant payable to L, H. Crane, in the amount of $5.00 to cover the amount due on the unexpired portion of cigar- ette license No. 103, Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Margaret Duggan re• questing a refund of $25.00, on the unexpired portion of cigarette License No. 3D4, as she has' dis- continued business as of March 4, 1956, presented and read. Council- man Kintzinger moved that the refund be granted and the Auditor instructed to draw a warrant pay- able to Margaret Duggan, in the amount of $25.00 to cover the amount due on the unexpired por- tion of cigarette license No. 304. Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None, Petition of Arthur H. Eichman requesting a refund of $25.00, on the unexpired portion of cigarette License No. 66, as he has discon- tinued business as of March 31, 1958, presented and read. Council• man Kintzinger moved that the refund be granted and the Auditor instructed to draw a warrant pay able to Arthur H. Eichman, in the amount of $25,00 to cover the amount due on the unexpired por- tion of cigarette License No. 66. Seconded by Councilman Takos, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, T 148 Special Sessionf March 31, 1958 Petition of Walter R. Johnson requesting a refund of $25,00 on the unexpired portion of cigar- ette license No. 283, as he has dis- continued business as of March 14, 1958, presented and read. Council- man Kintzinger moved that the re- fund be granted and the Auditor instructed to draw a warrant pay- able to Walter R, Johnson, in the amount of $25.00 to cover the amount due on the unexpired por• tion of cigarette license No. 283, Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None, Petition of N. J. Kopp requesting a refund of $25.00 on the unexpir- ed portion of cigarette license No. 61, as he has discontinued business as of March 7, 1958, presented and read. Councilman Kintzinger moved that the refund be granted and the Auditor instructed to draw a war- rant payable to N. J. Kopp, in the amount of $25.00, to cover the amount of the unexpired portion of cigarette license No. 61. Second- ed by Councilman Takes. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None, Petition of the Ladies of the G. A, R, requesting permission to hold tag days on September 6th and 8th, 1958, presented and read. Council- man Schueller moved that .the request be granted providing there are no conflicting dates. Seconded by Mayor Welu. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None. Petition of Charles Beversdorf requesting permission to excavate in the City streets, presented and road. Councilman Kintzinger moved that the request be granted provid- ing proper insurance policy is fur- nished. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None. Petition of Schueller & Co. Inc, requesting permission to excavate in the City streets, presented and road, Councilman. Kintzinger moved that the request be granted provid- ing proper insurance policy is furnished. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes, Nays-None. Petition of Mrs. Helen Fonck et al requesting for rezoning of the 1800 Block on Avoca street from a single family residence district to a two family residence district, pre- sented and read. Councilman Kint- zinger moved that the petition be referred to the Planning & Zoning Commission for investigation and report. Seconded by Councilman Takes. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None, Petition of Ghris Becke request- ing the extension and grading of Fulton Street, presented and read. Councilman Kintzinger moved that the Council view the grounds. Sec- onded by Councilman Takes. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None. Petition of James Urell et al requesting that some corrective measures be taken to abate the menace to health and property as the result of a sewer emptying on to his property in O'NeiIPs Sub- division, presented and read. Coun- cilman Freund moved that the Council view the grounds, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays--None. Petition of George W. Steuer et al requesting that certain times be Special Session, March 31, 1958 149 designated to flush and clean the east side of Washington street from 20th street north, presented and road, Councilman Kintzinger moved that the .petition be refer- red to the City Manager and Street Commissioner for investigation and report. Seconded by Council- man Takes, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes, Nays-None. March 28, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Walter Johnson was convicted in Police Court on March 20th for violation of Section 26 of Ordinance 9.35 (Illegal possession of a bev- erage containing morn than 4% alcohol), I recommend that the City Coun• cIl revoke Beer Permit No. 89 and direct the Police Chief to pick such permit for cancellation. Very truly yours, L, J. SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None. RESOLUTION N0.57.58 WHEREAS, this Council on the 3rd day of September 1957, caused to be issued a Class "B" Beer Permit bearing the Number 89 to Walter Johnson of Dubuque, Iowa, operating at 336 Main Street in the City of Dubuque; and WHEREAS, it has come to the attention of this Council that the owner and holder of said permit has been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chap- ter 124 of the Code of Iowa; NOW, THEREFORE, BE TP RE• SOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No, 89 heretofore is• sued to Walter Johnson of Dubu- que, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 31st day of March 1958, CLARENCE P, WELU, Mayor GEORGE A. FREUND LEO N,SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Welu, Councilmen F x e u n d, Kintzinger, Schueller, Takes. Nays-None, March 28,1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Edward Tracy, holder of Beer Permit No. 79, was convicted in Police Court on March 26th for vio- lation of Section 26, Ordinance 9.35 which is selling Liquor on premises having an alcohol content more than 4% by weight. I recommend that the Beer Per- mit of Edward Tracy be revoked and the Police Chief instructed to pick up such permit for cancella• tion, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman xntzingex moved that the recommendation of the City Manager be approved. Second• ed by Councilman Takes, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takes. Nays-None, RESOLUTION N0. 58.58 WHEREAS, this Council an the 5th day of August, 1957, caused to be issued a Class "B" Beer Permit YE'? f~. ~ ~= 7_ i 1T 15d ~Speeial Session, March 31, 1958 bearing the Number 79 to Edward Tracy of Dubuque, Iowa, operating at 1598 Elm Street in the City of Dubuque; and WHEREAS, it has come to the at- tention of this Council that the owner and holder of said permit has been found guilty of violating the Beer Ordinance of the City of Dubuque passed pursuant to Chapter 124 of the Code of Iowa: NOW, THEREFORE, BE 1T RE- SOLVED by the City Council of the City of Dubuque that Class "B" Beer Permit No. 79 heretofore issued to Edward Tracy of Dubu- que, Iowa, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 31st day of March 1958. CLARENCE P. WELD, Mayor GEORGE A, FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Takos, Car- ried by, the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0, 59.58 RESOLUTION Approving Plat of Lot 2 Block 2 Clover Hills Sub. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 Block 2 Clover Hills Subdi- vision in the City of Dubuque, Iowa is platted as Lot 1, Lot 2, Lot 3 and Lot 4 of Subdivision of Lot 2, Black 2, Clover Hills Sub- division, in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCH, OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des- cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 31 day of March A. D., 1956. CLARENCE P. WELD, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 60.56 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 Albert Metcalf, 400 Central Avenue Raymond B, McLaughlin, 2222 Cen- tral Avenue Mrs. Ione Miller, 1322 Central' Av enue Sylvester A. Weiner, 201 East 22nd Street Louis T. Bournias, 760 East 16th Street Florence Deutsch, 1298 Main Street Mrs. Alma Henkel, 241 Main Street special Session Clifford Steffen, 1103 Iowa Street Donald P. Birkett, 1064 University Avenue Vince Winders, 2319 Prince Street Mrs. Adele Bahl, 253. West 1st Street Louis J. Wright, 2600 Jackson Street Laverne Jorgenson, 649 East 16th Street Robert J. Fury, 475 Central Avenue Clarence Walke, 2093 Washington Street Robert A. Brillhart, 336 Main Street CLASS "C" PERMIT Clarence J. Kipper,. 1585 Delhi Street Anthony L, Fecker, 2119 Rhomberg Avenue William J. White, .1993 Asbury Street Tenenbom's Super Market, Inc., 200 So. Locust Street Passed, adopted and approved this 31st day of March, 1958. CLARENCE P, WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KINTZINGER PETER J. TAKOS Councilmen Attest:' LEO F. FROMMELT; City Clerk Councilman Kintzinger moved the adoption of the resolution, Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0, 61.58 WHEREAS, heretofore applica- tions for Beer Permits were' filed by the within named applicants and they have received the approv- al 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 the following named applicants a Beer Permit. 1Vlarch 31, 195$ Y~1 ' 'CLASS "B"PERMIT' Name' `Address Albert Metcalf, 400 Central Avenue Raymond B. McLaughlin, 2222 Cen- tral Avenue Mrs. Ione Miller, 1322 Central Av- enue Sylvester A. Weiner, 201 East 22nd Street Louis T. Bournias, 700 East 16th Street Florance Deutsch, 1298 Main Street Mrs. Alma Henkel, 241 Main Street Clifford Steffen, 1103 Iowa Street ,Donald P. Birkett, 1064 University Avenue :Vince Winders, 2319 Prince Street Mrs. Adele Bahl, 253 West 1st Street Louis J, Wright, 2600 Jackson Street Laverne Jorgenson, 649 East 16th Street Robert J. Fury, 475 Central Avenue Clarence Walke, 2093 Washington Street Robert A. Brillhart, 336 Main Street CLASS "C" PERMIT Clarence J. Kipper, 1585 Delhi Street ' Anthony L. Fecker, 2119 Rhomberg Avenue William J, White,' 1993 Asbury Street ` Tenenbom's Super Market, Inc., 200 So, Locust Street BE IT FURTHER RESOLVED that the bonds. filed by such. appli- cants be and the .same; are hereby approved. Passed, adopted and. approved this 31st day of March, 1958,. CLARENCE P. WELU,; Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attest:. LEO. F, FROMMELT, City Clerk ; Councilman Kintzinger'' moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. - ' III ~,~~ Special Session, lvfarch 31, 195$ ~~!' RESQLUTION N0. 62.58 Whereas upon said plat appears ill ~ B~ IT RESOLVED by the City a public street to be known as i,~ Council of the City of Dubuque Kerper Boulevard; and ', ' ~ that the following, having complied Whereas the City Planning and ~ with the provisions of law relating Zoning .Commission has reeom- ` ~ ~ to the. sale 4f cigarettes within the mended approval of said plat; and ' y ~ City of Dubuque, be granted a per- Whereas the City Council has ~ I ~ mlt to sell cigarettes and ei axette 8 examined said plat and find that j ' ~ ~ papers within said City. the same conforms to the require- Name Address ments of the Statutes and is in the ~~ ' Donald P, Bixkett, 1064 University best public interests; I~' .Avenue NOW THEREFORE, BE IT RE- Erwin J. Ha£eman, 2370 Rhomberg SOLVED BY THE CITY COUNCIL ,,, ~~ ,Avenue OF THE CITY OF DUBUQUE: ~N iil~' Anthony L. Fecker, 2119 Rhomberg That the plat of Blocks 6, 7 and J Avenue 8 in River Front Subdivision No. 3 ,, Clifford Banks,. 2300 Rhomberg in the City of Dubuque, Dubuque ~ Avenue . County, Iowa, be the same is here- , N , Terrance P, McConnell, 285 Locust by approved and the Mayor and , Street . City Clerk authorized to endorse "'" Gordon Cunningham, Bunker Hill the approval of the City of Dubu- Golf Course que thereon; and that Kerper Robert J, Fury, 475 Central Avenue Boulevard as the same appears P Robert A, lirlllhart, 336 Main Street upon said plat be and the same is BE PT FURTHER RESOLVED hereby established as a public NIi qIl that tho bonds filed with the ap- street in tho City. of Dubuque, 'I~i ~ plications be approved, Igpassed, adopted and approved Possed, adopted and approved this 31st day of March A. D. 1958. this 31st day of March, 1958, CLARENCE P. WELU, i~ ~ EU CLARENCN P. W h , Mayor . l4Iayor GEORGE A.FREUND GEORGE A,FREUND LEO N. SCHUELLER LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES A. KINTZINGER PETER J, TAKOS r ~ PETER J. TAI{OS Councilmen ~ I Councilmen A,tteSt: ~ ~ Attest: LEO F. F$OMMELT, t ~~ LEO F. FROMMELT City Clerk City Clerk Mayor Welu moved the adoption Mayor Welu moved the adoption it4 of the resolution. Seconded by of the resolution. Seconded by Councilman Schueller. Carried by Councilman Kintzinger. Carried by the following vote: the following vote: Yeas-Mayor Welu, Councilmen'. Yeas-Mayor Welu, Councilmen ~ r ~~ F r e u Rd, Kintzinger, Schueller, Freund, Kintzinger, Schueller, , i ~ Takos. Takos ' Nays-Novo: Nays-None. March 31, 1958 I I i RESOLUTION N0.20.58 To the Honorable Mayor ~ Resolution Approving Plat of and City Council ~ ( Blocks 6, 7 and 8'in River Front pubuque, Iowa Subdivision No. 3 iu the City of Gentlemen: f ~ Dubuque, Iowa. With the development of our In- Whereas the Dock Board of the dustrial Park Area and the subse- City of Dubuque have. presented to quent construction of industrial ~I~ I the City Council a plat In which a buildings, Kerper Boulevard will ' ' gortian of Dubuque Industrial Park bocome a main traffic artery, is plattod as Blocks 6, 7 and 8 in The uninterrupted flow of traf- River Front Subdivision No. 3, in fic from the central part of the I~ 1 the City of Dubuque, Iowa; and .City to this area for employees, ~. Special Session, March 31, '1958 153 truck traffic and for emergency vehicles will be a necessity, The problem at the present time is a serious one with access to our largest employers plant shut off many times by railroad crossings being blocked with trains or switching operations, This condition could be elimin- ated with the construction of an overhead crossing on Fine Street at East 14th Street and another at Fengler Street. The design of these structures cannot economically be made by our Engineering Depart- ment because of other city work that is in progress or in planning stages. The cost of the engineering work necessary can be paid through a grant from the Federal Government with repayment when the project is started, The purpose of these grants is that cities can plan public works projects without providing money for planning. When economic conditions are such that these projects should be started, the cities are in a position to start immediately when financ- ing is worked out. I recommend that the City Manager be authorized to submit an application for a grant for advance for public works planning on these two projects to the Com- munity Facilities Administration. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the recommendation of the City Manager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Cquncilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 63.58 Authorizing filing of application with the United States of America for an advance to provide for the planning of public works undei^ the terms of Fublic Law 560, 83rd Congress of the United States, as amended. WHEREAS, the City of Dubuque, Iowa herein called the "Applicant", after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the Con- struction of certain .public works, generally described as Construc- tion at East 14th Street and Pine Streets a four lane overpass with sidewalks and approaches and also construct East 14th Street from Cedar Street to Kerper Boulevard, is desirable and in the public int- erest and to that end it is necessary that action preliminary to the construction of said works be taken immediately; and WHEREAS, under the terms of Public Law .560, 83rd Congress, as amended, the United States of America has authorized the making of advances to public bodies to aid in financing the cost of engineering and architectural surveys, .designs, plans, working drawings, specifics- tions or other action .preliminary to and in preparation for the con-. struction of public works; and WHEREAS, the Applicant has examined and duly considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an appliCa- tion under said Act and to author- ize other action in connection therewith; NOW, THEREFORE BE IT RE- SOLVED BY the City Council of the City of Dubuque: 1. That the constrheti6n of said public works is essential to and is to the best interests of the Applicant, and to the end that such public works may be provided as promptly as practicable it is desirable that action preliminary to the construction thereof be un- dertaken immediately.. 2. That L. J. Schiltz, City Man- ager, be hereby authorized to file in behalf of the Applicant an appli~ cation (in form required by the United States and in conformity with said Act) for an advance to be made by the United Stases to the Applicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of the construction at East 14th Street and Pine Streets of a four lane overpass with sidewalks bud app 154. Special Session, March 31, 1958 proaches and also construct East 14th Street from Cedar Street to Kerper Boulevard. 3, That if such advance be made, the Applicant shalt provide or make necessary arrangements to provide such funds, in addition to the advance; as may be required to defray the cost of the plan prepara- tion of such public works. 4, The said L. J, Schiltz, City Manager, is hereby authorized to furnish such information and take such other action as may be neces- sary to enable the Applicant to qualify for the advance; 5. That the officer designated in the preceding paragraph is hereby designated as the authorized repre• sentative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the appli- cation for an advance as may be required; and otherwise to act as the authorized representative of the Applicant in connection with this application, 6: That certified copies of this resolution be included as part. of the ;application for an advance to be submitted to the United States. Passed,. .adopted and approved this 31st day of March 1958. CLARENCE P. WELU, Mayor GEORGE A FREUND LEO N,SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attests LEO F, FROMMELT, .City Clerk Councilman Kintzinger .moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: 'Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, RESOLUTION N0. 64.58 Authorizing filing of application with the United. States of America for an advance to provide for the planning of public works under the terms of Public Law 560, 83rd Congress. of the United States, as amended, WHEREAS; the City of Dubuque; Iowa herein called the "Applicant", after thorough consideration of the various aspects of the problem and study of available data has hereby determined that the construction of certain public works, generally. described as Construction at Feng- ler Street and Peosta Street of a 2 lane overpass with sidewalk and approaches from Kerper Boulevard to Garfield Avenue, is desirable and in the public interest and to that end it is necessary that action preliminary to the construction of said-works be taken immediately;.. and WHEREAS, under the terms of Public Law 560, 83rd Congress, as amended, -the United States of America has authorized the making of advances to public bodies to aid: in financing the cost of engineer- ing and architectural surveys, de• signs, plans; working drawings,: specifications or other action pre- liminary to and in preparation for the construction of public works;: and WHEREAS, the Applicant has: examined and duly considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an appli• cation under said Act and to auth- orize other action in connection therewith; NOW, THEREFORE BE IT RE• SOLVED BY the City Council of the City of Dubuque: 1, That the construction of said public works is essential to and is to the best interests of the Appli• cant, and to the end 'that such public works may be provided as promptly as `practicable it is de• sirable that action preliminary ,to the construction thereof be under- taken immediately, 2. That L, J. Schiltz, City'Man• ager, be hereby authorized to file in behalf of the Applicant an appli- cation (in form required by the United States and in conformity with said Act) for an advance to be made by the United States to the Applicant to aid in defraying the cost of plan preparation for the above described public works, which shall consist generally of the Special Session, March 31, 1958 155 construction at Fengler Street and Peosta Street of a 21ane overpass with sidewalk and approaches from Kerper. Boulevard to Garfield Av- enue. 3. That if such advance be made, the Applicant shall provide or make necessary arrangements to provide such funds, in addition to the advance, as may be required to defray the cost of the plan preparation of such public works. 4. The said L, J. Schiltz, City Manager, is hereby authorized to furnish such information and take such other action as may be neces~ sary to enable the Applicant to qualify for the advance. 5. That the officer designated in the preceding paragraph is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the United"States such information, data, and documents pertaining to the application for an advance as may be required; and otherwise to act as the authorized representa- tive of the Applicant in connection with this application. 6. That certified copies ' of this resolution be included as part of the application for an advance to be submitted to the United States, Passed, adopted and approved this 31st day of March 1958, CLARENCE P. WELU, Mayor GEORGE A, FREUND .LEO N. SCHUELLER CHARLES A. KINTZINGER F _ PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk. Councilman Kintzinger moved the adoption of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. March 31, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The brick sidewalk on the south side of West 10th Street running from Main. Street westerly to the- first alley and adjacent to Lot` 46 in the original Townsite of the City of Dubuque is in a bade state of disrepair and should be replaced with a modern concrete' walk. The City Sidewalk Inspector has repeatedly requested the owner'of the proptrey to replace the walk and has met with no success. I therefore recommend that pra• ceedings be instituted. under thee, provisions of Ordinance No. 25.53 to replace the present brickwalk with a modern concrete walk and assess the cost against the abutting. property. Respectfully submitted,.:.. L. J, SCHILTZ, '' City' Manager Mayor Welu moved that the., recommendation of the City Man- aged be approved; Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund; Kintzinger; 'Schueller, Takos. Nays-None. RESOLUTION N0, 65.58 Whereas, the City Manager has recommended that the brick side- walk on the south side of West Tenth Street from Main Street to the alley first west of Main street be replaced with a permanent con• Crete. sidewalk and the cost thereof assessed against the abutting prop;. trey; and Whereas, the City Council having been duly advised in the premises, has approved the.. recommendation of the City Manager; NOW THEREFORE, BE IT }tE• SOLVED BY THE CITY.. COUNCIL OF THE CITY OF DUBUQUE,: IOWA: Section L' That the brick side= walk on the south side of West Tenth Street from Main Street to the alley first west of Main street be replaced with a permanent concrete sidewalk in accordance with the Standard Plans and Spec• ifications for Permanent Sidewalks, heretofore submitted to the City Council for the City Engineer, and thaf the entire cost'of such work be assessed against City Lot46 in the original Town• 156 ,Special Session, site of the Town (now City) of Dubuque, Iowa; Section 2. That the City Manager be and he is hereby authorized and directed to solicit bids far such work and contract therefor with the best bidder; Section 3. That upon completion of the work the City Engineer be and he is hereby authorized and directed to certify the cost thereof, together` with a schedule showing the lot proposed to be assessed for said improvement, the owner there- of as shown by the tax rolls and the amount proposed to be assessed against such lat. Introduced, approved and order- ed .,placed on file with the City Clerk this 31st day of March, 1958. CLARENCE P. WELU, Mayor GEORGE A, FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest; LEO F, FROMMELT, City Clerk Mayor Welu moved the approval of the resolution. Seconded by Councilman Kintzinger. Carried by the following voter 'Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 6b•SS Whereas, there has been intro duced in the City Council a Reso- lution proposing to construct a permanent concrete sidewalk on the south side of West Tenth Street from Main Street to the alley first west of Main Street and assess the cost thereof against the abutting property; and Whereas, it appears to the City Council that, in accordance with the provisions of Ordinance No, 2.53, said Resolution should be set down for hearing and notice there• of given to the property owner affected; NOW 'THEREFORE, BE IT RE- March 31, 1958 SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE; Section 1. That said Resolution be set down for hearing on the 5th day of May, 1958, at 7;30 P. M. in the City Council Chamber in the City Hall in the City of Dubin que, Iowa, and that the City Clerk be and he is hereby directed to mail notice to each property owner affected, as shown by the tax rolls, by United Statos Mail, at toast 10 days prior to said hearing. Passed, adopted and approved this 31st day of March, 1958. CLARENCE P. WELD, Mayan GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. Mayor Welu moved that the City Solicitor be instructed to formulate a resolution to be sent to our own State representatives and Governor regarding Civil befense. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that Thos J. Hill be re-appointed to the Police and Fire Pension and Retirement Board for a term of four years from April 1, 1958, to April 1, 1962. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-Nona. Special Session, March 31, 195& There being no further business Councilman Freund moved to ad- journ, Seconded by Councilman Kintzinger. Carried by the follow- . ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, LEO F. FROMMELT, City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958 Adopted ............................,..,.1958 Councilmen ~ ......................... .... ..... t Attest ................................................ Y City Clerk 157