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1958 October Council Proceedings~f R Special Session, October 1, 195$ 421 CITY COUNCIL (OFFICIAL) Special Session, October 1, 1958. Council met at 7:30 P.M, Present-Mayor Welu, Council• men Freund, Kintzinger, Schueller, Takos. City Manager Schiltz. Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering Resolution No.196-58, being a resolution proposing the annexation of unincorporated terri- tort' to the north and west to the City of Dubuque and also for the purpose of acting upon such other business as may properly come be- fore aregular meeting of the City Council, Proof of Publication, certified to by the Publisher, of notice of Pub- lic Hearing to consider Resolution No. 196.58 proposing the annexa• tion of unincorporated territory to the north and west to the City of Dubuque, presented and read. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. September 30, 1958. Honorable Mayor and City Council of the City of Dubuque, Dubuque, Iowa. Gentlemen: While population growth in the United States in the past decade has been phenominal, the experts predict that the coun• try's growth during the next twen• ty years will exceed the current rate. Our fair city is enjoying its share of this increase and like many other communities the ques• tion: "Where do we grow from here?" is of vital importance and tremendous significance. Outside communities are totally unprepared for demands upon them for essential services, espec- ially schools, and there is only one solution. The expansion of the City to provide orderly growth is manda• tors and the services and benefits derived by citizens in the annexed areas will far outweigh all other considerations. For some time the Members of our Board have studied the pros and cons of this situation and are unanimous in our opinion that an- nexation is the only real solution to the problem of orderly growth and satisfactory services. We, therefore, heartily endorse the Council's present plan to insti• tute proceedings to annex the Brunswick area and parts of Sec• tions 15, 16 and 27 and all of Sec• tions 21 and 28 as a minimum necessity, Respectfully submitted, Dubuque Real Estate Board By A. J. Mihm, Sec-Treas. Councilman Schueller 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. October 1, 1958 Honorable Mayor and City Council, City Hall, Dubuque, Iowa. Gentlemen: The Dubuque Cham• ber of Commerce wishes to present the following Resolution which it is hoped you will give your favor- able consideration: RESOLUTION Whereas it is for the best in• terests of the citizens of Dubuque to promote the orderly and pra gressive expansion of residential areas adjacent to the City at this time, and Whereas it is also important to provide for the long-term growth of such areas supplied with im• provements that are necesaary in an urban area, Be It Resolved that the Board of Directors of the Dubuque Cham• ber of Commerce go on record with the Dubuque City Administra• lion as being in favor of annexing the area currently being proposed for annexation and to recommend that they take all necessary steps to accomplish this objective with- out delay. CERTIFICATION I hereby certify that the above is a true and correct copy of a i 422 Special Session, October 1,195$ Resolution passed by the Board of Airectors of the Dubuque Chamber of Commerce in a meeting held on September 30, 1958. M. S. Engelbrecht Executive Secretary. Councilman Schueller move d that the communication be re- ceived and filed. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund , Kintzinger, Schueller, Taxos. Nays-None. Councilman Schueller moved that the rules be suspended to al• low anyone present address the Council if they so desire. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr, Lee Sheridan, a Waukon, Iowa, attorney, representing an anti-annexation group, presented the Council with a petition object- ing to the. annexation containing approximately 350 signatures. He addressed the Council by stating that tax consequences will be the most immediately affected by this present time to include an addi• annexation. There is no need at the tional 3~Z miles in the City limits. No services could be furnished by the City at this time which seems to be one. of the main objections. He claimed that 100% of Center Grove property owners with one or two exceptions have objections to the annexation. One hundred and nine property owners in the Center Grove area do not want to be an- nexed and asked the Council to vote down the annexation of the Center Grove area, Don Furuseth addressed the Council by making inquiry about streets. Mr. R. F. Sefzik of 430 Clark Street wanted to know who insti• gated the annexation. The people of Dubuque are not interested in other cities in Iowa; they should lead the way with low taxes. He further stated that high taxes is what farces people to build fur• ther out of town, He also expressed concern over the Center Grove cemetery and asked if the Council could furnish a written guarantee that the cemetery would not be disturbed. He was assured that it could hardly be disturbed because it is private property. He further disputed the Council's contention that the annexation is necessary for the growth of the City. Probable delay in improvements, a possible hike in assessments, and that the area has individual water wells and adequate fire protection were some of the reasons given in objection to the annexation. Mrs. Elnora Bateman of 3506 Central Avenue presented the Council with a petition containing approximately 185 signatures ob- jecting to the annexation of the Brunswick area. She claimed that ten to one do not care to be an- nexed to the City in the Brunswick area. Richard Ostert of 125 Nico• Lett Street attacked the real estate board's position by stating that the annexation would be a means of making money for the real estate men. He further stated that the Brunswick area has fire protection and does not care to pay additional taxes as the result of annexation. Ronald Schaul of 131 Nicolett street asked why the annexation would not go beyond the large slough now existing in the Bruns• wick area. Mrs. Pearl Uthe of 3697 Jackson spoke in favor of the an- nexation of the Brunswick area and further stated that many in the area are also in favor of it. Mr. Martin Cooney, a local attor- ney, representing the Schroeder Construction Co~ the firm now de- veloping the Clarence Arlen farm addressed the Council in support of the annexation. He suggested that the Council- should have planned to annex more than is presently contemplated. He stated that there is a definite demand for housing in the area, Most of the cost is borne by subdividers as the various areas are developed and only a small portion is borne by the City. He stated that the present owners of the old Morgan prop- erty, anarea west of the Old Tim• ers Road, would welcome the op• portunity to be annexed to the City. RESOLUTION NO. 196.58 Whereas, the City Manager of the City of Dubuque has reeom• mended to the City Council that the hereinafter described unincor• Special Session, October 1, 1958 423 porated territory adjoining the City of Dubuque be annexed there- to and made a part of the City of Dubuque; and Whereas, on the 1st day of Octo- ber, 1958, at a meeting held in the City Council Chamber of the City Hall in the City of Dubuque, at 7:30 o'clock P.M., pursuant to no- tice published in the Telegraph Herald newspaper on the 19th day of September, 1958 and the 26th day of September, 1958, the herein Resolution was considered by the City Council, at which time and place all objectors and proponents for such annexation were given an opportunity to be heard; and Whereas, after hearing all ob• jectors and proponents for such annexation, the City Council is of the opinion that the hereinafter described territory should be an- nexed to and become a part of the City of Dubuque; and Whereas, under the provisions of Section 362.26 of the 1958 Code of Iowa said proposal must be submit- ted to the voters of the City of Dubuque before final adoption; NOW, THEREFORE, Be It Re• solved by the City Council of the City of Dubuque, Iowa: Section 1. That the hereinafter described territory be annexed to and become a part of the City of Dubuque, Iowa, on the completion of the proceedings provided for in Section 372.26 of the 1958 Code of Iowa. Section 2. That at the regular General Election to be held No• vember 4, 1958, there be submitted to the voters of the City of Du• buque, the proposition in the fol- lowing form: ~, "Shall the proposition to annex the territory described as fol• lows: West ~i of the Northeast 'la of the Southwest '/a of Section 15. Northwest '/a of the Southwest i/a of Section 15, West ~Z of the Southeast '/a of the Southwest '/a of Section 15. Southwest '/a of the Southwest '/a of Section 15. South ~Z of Section 16. Section 21. West 33 feet of the Northwest '/a of the Northwest '/a of Sec• tion 22. Section 28. All of Section 27 that is not presently included within the corporate limits of the City of Dubuque, South ~Z of the Southwest '/a of Section 12. All of that area encompassed by a line commencing at the North• east corner of the Southeast '/a of the Southeast '/a of Section 11, Township 89 North, Range 2 East of the 5th Principal Merid• ion thence westerly along the North line of the South 'h of the Southeast '/a of Section 11 to a point 182 feet westerly of the center line of Central Ave• nue thence southeasterly along a line parallel to and 182 feet westerly of the center line of Central Avenue to the South line of the Southeast '/a of the Southeast '/a of Section 11, thence easterly along the south line of the Southeast '/a of the Southeast '/a of Section 11 to the Southeast corner of the South• east '/a of the Southeast '/a of Section 11, thence North along the East line of the Southeast '/a of the Southeast'1a of Section 11 to the Northeast corner of the Southeast '/a of the South• east '/a of Section 11 to the point of beginning. All in Township 89 North, Range 2 East of the 5th Principal Meri• dian, Dubuque County, State of Iowa. in the Resolution adopted by the Council of the City of Dubuque on the 1st day of October, A.D. 1958, be approved?" Section 3. That the Clerk be and he is hereby authorized and directed to publish a notice of submission of said proposition by publication in the Telegraph Her- ald once each week for three con- secutive weeks in the manner pro• vided by Chapter 618 of the 1958 Code of Iowa. Passed, adopted and approved this 1st day of October, A.D. 1958. CLARENCE P• WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ~~ 424 Special Session, October 1, 1958 Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. September 24, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Kenneth J. Palm requesting the installation of a street light between Fremont Ave- nue and Grandview Avenue on Dodge Street was referred to the City Manager for investigation and report. This section of Dodge Street is just west of the portion that is well lighted with street lights on each pole approximately 100 feet apart, and the block is approxi• mately 400 feet long. It is also on the approach to the City where vehicles are coming into town at high rates of speed and not accus• toured to street lights. It is be- lieved that if a street light was installed at mid•block between Grandview and Fremont it would afford an opportunity far vehicles coming into town to see any parked vehicles along the street. I therefore recommend that a street light be installed on Pole No. 2(17.828K midway between Fre- mont and Grandview Avenue on Dodge Street. Respectfully submitted, L• J. S~nu.TZ, City Manager Councilman Schueller 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, Ta- kos. Nays-None. September 25, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Mrs. John M. Potras and others requesting the installation of a traffic light at the intersection of West 17th and Locust Streets was referred to the City Manager for investiga- tion and report. I have had the Police Depart• ment investigate this request and find that the problem is not as indicated by the petitioners. Ex• amination of the accident records over the past three years indicate that we have had one property damage accident in 1958 and one in 1957. There were no personal injury accidents involved in the collision of these two vehicles. We have had three pedestrian acci• dents in the vicinity of this area~ There were two in 1957 where two youngsters ran into the street from behind parked vehicles where the injuries were minor and no charges were posted against the drivers. The third did not re• quire an accident report by the investigating officer because of the lack of injury or damage. This accident occurred on September 12, 1958, and involved a youngster who was not a resident of the area but was walking along the street with school children into the neighborhood. Investigating officers report that this youngster broke away from the group and dashed into the street. He was ei• ther brushed by the car or was scared and fell to the pavement. It is realized that there have been frequent more vehicle mis- haps than pedestrian mishaps in this neighborhood. Primarily they have occurred in the 6 or 7 block area west of this intersection, and in every case in which there was a pedestrian involved there was no charge placed against the driver because of the actions of the ped- estrian. The Police Department feels that the installation of traffic lights or additional controls of any kind would not serve the best in• terests of the people of this area or the people of the City who must travel through the area. Crosswalks will be painted at this intersection as a guide to the pedestrians who must use it daily. It is recommended that the pe• tition be denied because the above Special Session, October 1, 1958 425 investigation and facts do not war- rant the installation of traffic lights. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Sec• onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. September 18, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit -the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of August as well as list of claims and list of payrolls for which war• rants were issued for the month of August, 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 vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and expenditures as well as a list of claims for which warrants were drawn for the month of August 1958, presented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, September 30, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The communication of Lloyd Lu• ber indicating his interest in pur• chasing Lot 597 Hams Addition was referred to the Council to view the grounds. The decision of the Council upon viewing the grounds was that the lot is of no value to the City and should be made available far building. The lot would be adver• tised for sale and a public hear- ing held on the sale. I recommend that the decision of the Council be confirmed. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved and that proper proceedings be drawn. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. September 30, 1958 To the Honorable Mayor and City Councii Dubuque, Iowa Gentlemen: Attached is an agreement be• tween the City of Dubuque, George Saffron and Chris and Bernice Willy wherein the City accepts from the owners Lot 2 of Lot 2 of Willy Place as Kane Street, and the deed and plat replace the un• recorded conveyance of the same strip of land hereinbefore received by the City. All subsequent pro• ceedings may refer to the de• scribed Mineral Lot 341, Lot 3 of Mineral Lot 351, 'Lots 1 and 2 of Mineral Lat 376 as parts of "Willy Place." The owners waive any right to abject to any deficiency in the description in the proceedings hereinbefore had for improve- ments and consent that said assess- ment may be made with reference to the plat of "Willy Place" Respectfully submitted, City Manager r~ 426 Special Session, October 1, 1958 Councilman Kintzinger moved that the agreement be made a matter of record. Seconded by Councilman Freund. Carried by the following vote: .Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. AGREEMENT This Agreement entered into be- tween the CITY OF DUBUQUE, hereinafter referred to as "City" and GEORGE SAFFRAN, and CHRIS WILLY and BERNICE A, WILLY, hereinafter referred to as "Owners", WITNESSETH: Whereas Owners are -the owners of: Mineral Lot 341; Lot 3 of Mineral Lot 351; and Lots 1 and 2 of Mineral Lat 378, in the City of Dubuque, Dubuque County, Iowa, and desire to re-plat the same as, Lots 1 and 2 of Willy Place; and Whereas Owners desire to con• vey to said City a strip of land through said above described real estate sixty feet (60') in width, to be known as Lat 2 of Lot 2 of Willy Place, for an extension of Kane Street; and Whereas City has heretofore, by unrecorded deeds, acquired title to said strip of land which deeds described said strip by reference to certain unrecorded plats; and Whereas it is in the best interest of the parties hereto and the gen• eral public that, for the purposes of clarification of the description of the real estate that the designa• tion of "Willy Place" be used for the above described real estate; and Whereas the City has heretofore adopted a Resolution of Necessity far the improvement of Kane Street, including the strip of land hereinbefore referred to, by in- stallation of concrete curb and gutter, sewer mains and water mains thereon, which Resolution of Necessity and the proceedings in connection therewith described Owners' property, with reference to said unrecorded plats; and Whereas the parties desire to enter into an agreement providing that all subsequent proceedings may refer to the first hereinbefore described real estate as parts of "Willy Place' ; NOW THEREFORE, IT IS AGREED BETWEEN THE PAR- TIES HERETO: (1) City agrees to accept from Owners a conveyance to Lot 2 of Lot 2 of Willy Place, as the same appears upon a plat prepared by A. A. Rhomberg, under date of September 6, 1958, which convey- ance shall stand in lieu of the un• recorded conveyance of said strip of land hereinbefore received by City; (2) that all subsequent proceed- ings had with reference to the in- stallation of concrete curb and guttter, sewer main, ar water mains on Kane Street may de- scribe Owners' property, with ref- erence to the plats of "Willy Place" and Owners hereby waive any right to object to any defic- iency in the descriptions in t h e proceedings heretofore had for said improvements and consent that assessments may be made with reference to the plat of "Willy Place" for all amount chargeable to any part of Mineral Lot 341, Lot 3 of Mineral Lot 351, and Lots 1 and 2 of Mineral Lot 376 in the City of Dubuque, Du- buque County, Iowa. Dated this 30th day of Septem- ber A. D. 1958. City of Dubuque, Iowa, By L. J. Schiltz-Its City Manager George Saffron Chris Willy Bernice A. Willy October fi, 1958 To The Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1958, I here- by recommend for your approval the appointment of the following named persons to serve as Clerks of Election for each precinct who shall have charge of the election register for the General Election to be held November 4, 1958. FIRST PRECINCT: Republican-Mrs. Lillian Jones Democrat-Mrs. Josephine O'Brien SECOND PRECINCT: Republican-Mrs. Julia Heuser Democrat-Mrs. Rfta Gleason Special Session, October 1, 1958 427 THIRD PRECINCT Republican-Mrs. Eunice Kilby Democrat-Mrs. Vera McAllister FOURTW PRECINCT: Republican-Mrs. Margaret Ends• ley Democrat-Mrs. Georgiana Millius FIFTH PRECINCT Republican-Mrs. Ruby 5teuck Democrat--Mrs. Mary Burd SIXTH PRECINCT: Republican-Mrs. Millie Cords Democrat-Mrs, Helen Schadle SEVENTH PRECINCT: Republican-Mrs. Alexia Hanley Democrat-Mrs. Loretta Coff EIGHTH PRECINCT Republican-Mrs. Ann Hubbard democrat-Mrs. Anna Weber NINTH PRECINCT Republican-Mrs. Mildred Koehler Democrat-Mrs. Belle Leidinger TENTH PRECINCT: Republican-Mrs. Loretta Kam- mueller Democrat-Mrs. Mary Behr ELEVENTH PRECINCT: Republican-Mrs. Hazel Kirkwood Democrat--Mrs. Ida Murray TWELFTH PRECINCT: Republican-Mrs. Elsie Bottge Democrat-Mrs. Minnie Recker THIRTEENTH PRECINCT: Republican-Mrs. Mabel Essman Democrat-Mrs, Freda Foell FOURTEENTH PRECINCT: Republican-Mrs. Helene Winchel Democrat-Miss Loretta McAn- drew FIFTEENTH PRECINCT: Republican-Mrs. Helen Pape Democrat-Mrs. Minnie Lucas SIXTEENTH PRECINCT: Republican-Mrs. Helen Schetgen Democrat-Mrs. Maretta Donegan Respectfully submitted, LEO F. FROMMELT, Commissioner of Registra- tion Councilman Schueller moved that the recommendation of the Commissioner. of Registration be approved. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, October 1, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I previously wrote you, on Sep- tember 2, 1958, regarding the claim of Mrs. Sarah Keckevoet, 553 West Third Street for injuries claimed to have been sustained in a fall on a defective sidewalk June 2, 1958. At that time I reported that Mrs, Keckevoet is an unemployed widow, 71 years of age, According to her doctor's report she sus- tained bruises on her left elbow, hip and knee and a hematoma or blood Cyst on the left elbow. She was hospitalized for physiotherapy from June 6, 1958 to June 13th, 1958, when she was entirely re- covered. According to the statements furnished me her total out of pocket expenses are approximate- ly $282.90, consisting of a hospi- tal bill of $207.90 and a doctor bill of $75. At the time of that letter, Mrs. Keckevoet was demanding dam- ages in the amount of $1282.90 and It was my recommendation that the claIrn be denied in such an amount as not being warranted by the injuries sustained. Your Hon- orable Body concurred in my rec• ommendation. Subsequently, Mrs. Keckevoet has visited with me and agreed to accept $282,90 in full settle~ went of her damages. This repre• Bents her total out of pocket ex• penses, and, in view of the fact that she did fall upon a substan- tial defect in the sidewalk, I rec- ommend that the claim be al- lowed in the amount of $282.90 and that the Auditor be instructed to issue a warrant payable to Sar- ah Keckevoet, in the amount of $282.90 and to deliver the same upon receipt of a properly exe- cuted release. Respectfully submitted, T. H, NELSON. Councilman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Sarah Keckevoet, in the amount of $282.90, and deliver the same upon receipt 428 Special Session, October 1, 1958 of a properly executed release. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. September 23, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Mrs. Catherine MacDonald, for damages sustained in a fall on West Fifth Street, July 4th, 1958, and find that the injury was sus• tained, as claimed and that the claimant sustained a fractured left wrist. Mrs. MacDonald's medical ex• penses total $91.00 and claimant sustained loss of wages of $95.50. Mrs. MacDonald has agreed to accept the sum of $140.35 in full settlement. I recommend that this settle- ment be approved and the Auditor instructed to issue a warrant pay- able to Mrs. Catherine MacDonald in the amount of $140.35 and de• liver the same upon receipt of a properly executed release. Respectfully, T, H. NELSON Councilman Takos moved t h a t the recommendation of the City So- licitor be approved and the Audi- tor instructed .to issue a warrant payable to Mrs. Catherine Mac• Donald in the amount of $140.35 and deliver the same upon receipt of a properly executed release. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. October 1, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of John W. Riley, 1950 Lombard Ave- nue, for damages to his car when he struck a defective manhole in Loral Boulevard July 31, 1958. The total amount of the damage Ito the Riley car was $87.00. I recommend that the claim be allowed in .this amount and the Auditor instructed to issue a war• rant payable to John W. Riley in the amount of $67, and deliver the same upon receipt of a properly executed release. Respectfully submitted, T, H, NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved and the Auditor instructed to issue a war- rant payable to Jahn W. Riley, in the amount of $67.00, and deliver the same upon receipt of a proper- ly executed release. Seconded b~ Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. September 30, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of William J. Andresen, 702 Ries Street, for damages claimed Ito have been sustained to his car when he struck the gate at the entrance to the City Dump on Aug- ust 14, 1958, and can find no negligence on the part of the City and recommend that the claim be denied. Respectfully submitted, T, H, NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Navy Mothers Club requesting permission to sell Navy Day Tags on Saturday, October 25, 1958, presented and read. Councilman Schueller moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Special Session, October 1, 1958 429 Petition of Loral Academy re• questing permission to hold a fire- works display an Saturday eve• ning, October 11,1958, in the Loral College Stadium, presented and read. Councilman Kintzinger moved that the request be granted, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of R. N. Russo, police judge, requesting permission to at- tend the Northwestern University Traffic School for judges to be held on October 13th Ito 17th, pre- sented and read. Councilman Freund moved that the request be granted, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Gordon Cunningham, requesting a refund of $75.00 on the unexpired portion of cigarette license No. 173, as he has discon• tinned business on September 30, 1958, presented and read. Coun- cilman Takos moved that the re• fund be granted and -the Auditor instructed to issue a warrant pay able to Gordon Cunningham in the amount of $75.00 to cover the amount due on the unexpired por- tion of cigarette License No. 173. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Lester A. Foell Sr. requesting a refund of $75.00 on the unexpired portion of cigarette License No. 268, as he has discon• tinned business on September 30, 1958, presented and read. Council- man Takos moved that the refund be granted and the Auditor in- structed to issue a warrant pay- able to Lester A, Foell Sr. in the amount of $75.00, to cover the amount due on the unexpired por• Lion of cigarette license No. 268. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Erwin J, Hafeman requesting a refund of $75.00 on the unexpired portion of cigarette license No. 317, as he has discon- tinued business on September 30, 1958, presented and read. Council- man Takos moved that the re• fund be granted and the Auditor instructed to issue a warrant pay- able to Erwin J. Hafeman in the amount of $75.00 to cover the amount due on the expired por- tion of cigarette License No. 317. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Sophie McMann and Wm. VanderMeulen, requesting a refund of $150. on the unexpired portion of Class B beer permit Na. 67, as they have discontinued business on September 30, 1958, preeented and read. Councilman Takos moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to Sophie McMann and Wm, Vander- Meulen in the amount of $150. to cover the amount due on the unex• Aired portion of Class B beer per• mit No. 67. Seconded by Council- man Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Sophie McMann and Wm. VanderMeulen, requesting a refund of $75. on the unexpired portion of cigarette license No. 225, as they have discontinued business on September 30, 1958, presented and read. Councilman Takos moved that the refund be granted and the Auditor instruct- ed to issue a warrant payable to Sophie McMann and Wm. Vander• Meulen in the amount of $75. to cover the amount due on the unex- pired portion of cigarette license No. 255, Seconded by Councilman Kintzinger. Carried by the folloa~- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. .-_ ~I 43b Special Session, October 1, 1958 Petition of Louise Pitz, request- ing arefund of $75. on the unex- pired portion of cigarette License No. 132, as she has discontinued business on September 30, 1958, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to issue a warrant payable to Louise Pitz in the amount of $75.00 to cover the amount due on the unexpired portion of cigarette li• cense No. 132. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Iintzinger, Schueller, Takos. Nays-None. Petition of Elizabeth M. Raines, requesting a refund of $75.00 on the unexpired portion of cigarette license No. 223, as she has discon- tinued business on September 17, 1958, presented and read. Councilman Takos moved that the refund be granted and the Auditor instructed to draw awar- rantpayable to Elizabeth M. Raines, in the amount of $75,00, to cover the amount due on the. unexpired portion of cigarette license No. 223. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Elizabeth M. Raines, requesting a refund of $50.00 on the unexpired portion of Class B beer permit No. 133, as she has discontinued business on Septem• ber 17, 1958, presented and read. Councilman Takos waved that the refund be granted and the Au- ditor instructed to draw a warrant payable to Elizabeth M, Raines, in the amount of $50.00, to cover the amount due on the unexpired por- tion of Class B beer permit No. 133. Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Richard Richman, re- questing arefund of $75.00 on the unexpired portion of cigarette lic- ense No. 273, as he has discon• tinned business on September 17, 1958, presented and read. Councilman T~Akos moved that the refund be granted and the Au- ditor instructed to draw a warrant payable. to Richard Richman, in the amount of $75,00, to cover the amount due on the unexpired por- tion of cigarette License No. 273. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Richard Richman, re- questing arefund of $150.00 on the unexpired portion of Class B beer license No. 82, as he has dis- continued business on September 17, 1958, presented and read. Councilman Takos moved that the refund be, granted and the Au- ditor instructed to draw a warrant payable to Richard Richman, in the amount of $150.00 to cover the amount due on the unexpired por• tion of Class B beer license No. 82. Seconded by Councilman Kintzing• er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. September 30, 1958 To the. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Carl M. Herburger, holder of Class B Beer Permit No. 23, was found guilty in Police Court of violation of Section 19 of Ordi- nance 9.53 (Giving beer to or per- mitting ajuvenile to consume beer on the premises). I recommend that Beer Permit No. 23 be revoked and that the Police Chief be directed to pick up the City and State permits. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kintzinger moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Special Session, October 1, 1958 431 RESOLUTION N0. 201.58 Whereas, this Council on the 5th day of May, 1958, caused to be is- sued aClass "B" Beer Permit bear- ing the Number 23 to Carl M. Her• burger of Dubuque, Iowa, operat- ing at 2987 Jackson 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 Chap- ter 24 of the Code of Iowa: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Per- mit No. 23 heretofore issued to Carl M. Herburger of Dubuque, 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 cancella- tion. Passed, adopted and approved this 1st day of October, 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. Reilly Realty Inc., 2700 Oak Crest Drive, Dubuque, Iowa, October 1, 1958, Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On September 17, 1958, you passed Resolution No. 192-58 approving the Plat of Blocks 4, 5, 6, and 7, in Green Acres Sub• division in the City of Dubuque, and said Resolution provided among other things that sidewalks should be constructed by the sub- divider, The sidewalk provision was a completely new requirement, not • _ 'v having been required on other subdivisions in recent years. The undersigned, who is the subdivid- er, having no advance knowledge of this requirement had accord- ingly purchased the real estate and made all his financial, engi- neering, construction, and sales plans and promotions without pro- viding for sidewalk costs. There• fore, it is unjust and burdensome to require this subdivider, who had completed all his plans with- out knowledge of such sidewalk requirement, to construct side- walks. This subdivider therefore re- spectfully requests that the City Council withdraw the requirement that sidewalks must be constructed for said Green Acre subdivision. Enclosed herewith for your con- venience, if you should see fit to grant this request, is a written form of Resolution amending the original Resolution 192-58 by strik- ing out said sidewalk requirement. Respectfully submitted, REILLY REALTY INC., By William J. Reilly, Pres. Councilman Takos moved that the request be granted. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos. Nays-None. Councilman Kintzinger not vot- ing. RESOLUTION N0. 202.58 Resolution Amending Resolution 192.58 by striking sidewalk con- struction requirement for Blocks 4, 5, 6 and 7 in Green Acres Sub• division in the City of Dubuque, Dubuque County, Iowa. Whereas, on September 17, 1958, the City Council adopted a policy to require the subdivider to construct concrete sidewalks in all subdivisions as a condition of approval of the plats of such sub• divisions; and Whereas, pursuant to said pol- icy, such sidewalk construction requirement was made a require- ment for Blocks 4, 5, 6 and 7 in Green Acres Subdivision in the City of Dubuque, pursuant to Sec- tion 2 (h) of Resolution No. 192- 58; and 432 Special Session, October 1, 1958 Whereas, it has since come to the attention of City Council that said sidewalk construction re- quirement as to said subdivision is a particular financial hardship to the subdivider, Reilly Realty Inc,, since prior to the adoption of said policy said subdivider had purchased the real estate for said subdivision and had made all his financial, engineering, construc• tion, and sales plans, promotions, and commitments without provid• ing for sidewalk costs; And Whereas the City Council therefore deems it advisable and just that said sidewalk construa tion requirement be. withdrawn and rescinded as to said subdivis- ion of Blocks 4, 5, 6 and 7 in Green Acres Subdivision; NOW THEREFORE, BE 1T RE• SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE, IOWA: Section 1. Resolution No. 192- 58 of the City of Dubuque is here- by amended by striking from Sec• tion 2 of said Resolution the fol• lowing: "(h) To construct sidewalks." Section 2. In all other respects said Resolution 192.58 shall re- main in full force and effect. Passed, adopted and approved by unanimous recorded roll call vote this 1st day of October A.D,, 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 Schueller moved the adoption of the resolution and that the improvement bond re- quired for the construction of the sidewalks be released. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos. Nays-None. Councilman Kintzinger not vot• ing. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intziager, Schueller, Takos. Nays-None. LEO F. FROMMELT City Clerk. Approved ....................................1959 Adopted ......................................1959 Councilmen : ..................„.........~.~. Attest : ................................................ City Clerk. Regular Session, October 6, 1958 433 CIiY COUNCIL OFFICIAL. Regular Session, October 8, 1958. Council met at 7:30 P.M, Present -Mayor Welu, Coun• cilmen Freund, Kintzinger, Schuel- ler, Takos. City Manager Schiltz. Mayor Welu read the call and stated that this is the regular monthly meeting of the City Coun- cil for the purpose of acting upon such business as may properly come before the meeting. Communication of State Depart• ment of Health issuing permit No. 58-165•S for the construction of an 8" sanitary sewer in Rolling Ridge Subdivision, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of State Depart• went of Health issuing permit No. 58.166.5 for the construction of an 8" sanitary sewer in Green Acres Subdivision, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Council proceedings for t h e months of May and June 1958 presented for approval. Council- man Kintzinger moved that the council proceedings for the months of May and June 1958 be approved as printed and amended. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. October 2, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: According to the authority granted to me by the City Council I have received proposals cover- ing engineering services in con- nection with the Fourteenth Street overpass and the Fengler Street overpass. The proposal of Howard, Need• les, Tammen and Bergendoff for the 14th Street structure and ap- proaches is divided into two phases. Phase "A" includes the prelimin• ary design report and complete construction plans, specifications and contract documents. Phase "B" includes the supervision of con• struction. For services under Phase "A" the fee will be $61,000.00 and for Phase "B" the fee will be $20,000.00. I recommend that the proposal of Howard, Needles, Tammen and Bergendoff of Kansas City be ac- cepted and an agreement executed. The proposal of A. A. Rhomberg for the design of the Fengler Street overpass is divided into four sec- tions. Section A, preliminary plans; Section B, conferences; Section C, detailed plans, specifications and contract documents; and Section D, general supervision of construa tion. For services under Sections A, B and C the fee will be $5,100.00 and for Section D the fee will be l~z% of the construction casts. I recommend that the proposal of A. A. Rhomberg be accepted and that an agreement be executed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kintzinger moved that the recommendations of the City Manager be approved. Sec• onded by Councilman Schueller. Carried by th following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. October 6, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and p4licigs ~d desire to Q tt • R ~ Regular Session, October 6, 1958 have your approval on same far fil- ing, subject to the approval of the City Solicitor: SIDEWALK George R. Walton, Columbia Casualty Company. August Blume, Columbia Cas- ualty Company, HEATING Floyd Albert, d/b/a Veteran's Heating Co., Merchants Mutual Bonding Co. Robert G. Steichen, d/b/a Ace Plumbing and Heating Co., West- ern Surety Company, Alvin Anderson, Merchants Mu- tual Bonding Co, Joe J. Reuter, d/b/a Joe J. Reu- terSheet Metal Works, American Surety Company. PERFORMANCE J. H. Schiltz, Continental Cas- ualty Co, EXCAVATION McDonnell Excavating Service, Policy No. ARL 3560030, Contin- ental Casualty Co. Respectfully submitted. L. J. SCHILTZ, City Manager. Councilman Freund moved that the bonds and policies be Filed sub- ject to the approval of the City Solicitor, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. October 6, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mr. and Mrs. Kenneth Howell request- ing the installation of a street light at the intersection of Drexel and Illinois Streets was referred to the City Manager for recomendation and report, Upon investigation it was deter- mined that street lights are needed at this and other intersections in the vicinity. It is recommended that a street light be installed at the intersection of Drexel and Dli- nois Streets and the intersection of Wisconsin and Pennsylvania Ave- nue, Hickson and Pennsylvania Avenue, Alpha and Pennsylvania Avenue and old Lenox and Penr_• sylvania Avenue. A light to be moved from a location midway be- tween old Lenox and Enid streets to Illinois and Pennsylvania Ave- nue and the light midway between Enid and Alpha Streets to be moved to the intersection of Penn- sylvania and Enid. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of right of redemption in the case of Max H. Jenk vs. Alfred and Lucille Bleilie to the City of Dubuque now pending in the Dis- trict Court of Dubuque County, be- ing anotice to the City that in order to protect their interest in Lots 74 and 75 in E. Langworthy's Addition proper action must be ta- ken within 90 days of the date of the notice, presented and read. Councilman Freund moved that the Notice be referred to the City Solicitor. Seconded by Mayor We• lu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Notice of claim of Theodore Roepsch,by Joseph Roepsch,father and natural guardian, in the amount of $25,000 for personal in- juries received in a fall at 701 Groveland Place on September 6, 1958, presented and read. Councilman Freund 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. 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; $egular Session, October 6, 1958 ~~" Yeas-Mayor Welu, Councilmen x Freund, Kintzinger, Schueller, Takos. Nays-None. A group of objectors consisting of Mrs. Rita Schiltz of 2940 Cen- tral Avenue, Mr. and Mrs. John Matous of 885 Kane Street, Mrs. y Wm. Nehls of 2970 Central Avenue ~. and Mrs. Francis Henkels of 2948 ~. Central Avenue addressed the Council objecting to the re-zoning of the Healy property on 36th and Central Avenue, being Lots 305 and 306, Davis Farm Addition. Mr. Chas. Schultz of 110 E. 30th Street presented the following agreement to the Council dated November 29, 1957-Leonard Healy and I, Wil- liam Oster, do agree to use the property at 30th Street between White Street and Central Avenue for what we propose, namely an Electronics business. Should we use the property for any other reason, we agree the property may i be rezoned. (Notary Public-Clarence J.) (Koenig-Seal) ~ /s/Leonard Healy /s/William Oster Mr. Schultz seemed to be of the opinion that a lot of people in the area were misled by this agree- ment. Mr. Hal Reynolds addressed the Council by stating that the ap- proach to the problem is different from what it has been, and that expert conclusion on the matter of rezoning this property should I be followed. Mr, Len Healy again stated that he did not get a 12giti- mate offer on the property. He further stated that he received an offer only after he gave Mr. Oster an option on the property. Mr, Os- ter stated that he intended to sell electronics at a retail level. Mr. Arnold Schueller of 3000 Central Avenue addressed the Council by stating that he does not object to j. the rezoning of the property. ORDINANCE N0. 50.58 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No, 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Multiple Family Residence District Classification" to "Local Business District A Classification" said Ordinance having been passed upon first reading on July 7, 1958, and final action deferred at the meeting of August 4, 1958, pre- sented for Final Adoption. ORDINANCE ND. 50.58 An Ordinance amending and chang• ing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, Desiganted "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Multiple Family Residence Dis- trict Classification" to "Local Business District A Classification." Be It Ordained by the City Councn of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Du- buque be and the same is hereby amended and changed as follows: a. By changing from "Multiple Fam- ily Residence District Classification" to "Local Business District A Classifica- tion" the fanowing described property: Lots 305 and 306 Davis Farm Add~- tlon. Section 2. This Ordinance shall be in full farce and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 7th day of July, 1958. Rule requiring reading on three sepa• rate days suspended by unanimous vote the 7th day of July, 1958. Passed by recorded roll call vote, adopted and approved this 8th day of October, 1958. GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen ATTEST: LEO F. FROMMELCity Clerk Pubnshed officially in the Telegraph- Herald newspaper this 24th day of Oc• tober 1958. LEO F, FROMMELT City Clerk 1 t. 10.24 Councilman Kintzinger moved the Final Adoption of the Ordi- nance. Seconded by Councilman Takos, Carried by the following vote: Yeas-Councilmen Freund, Kint- zinger, Schueller, Takos, Nays-Mayor Welu. Petition of University of Du- buque requesting permission to display a banner in a prominent place over a downtown street in keeping with their homecoming festivities, presented and read. Councilman Kintzinger moved that the request be granted and the City Manager instructed to help them with a location provid- ing permission to connections with private structures be obtained from the owner, Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen 438 13egular Session, October 6,1958 Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Peter J. Seippel re- questing an extension of time to complete the surfacing of South- gate Subdivision as defined in Resolution No. 120-57, presented and read. Councilman Takos moved that the extension be granted subject to City Manager's investigation and consent of the bondsman. Seconded by Council- man Freund. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Jos. Tauke et al re- questing the installation of two street lights on Glen Oak street at approximately 1700 and 1800, presented and read. Councilman Freund moved that the petition be referred to the City Manager and IIectrical Inspector for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Reilly Realty Inc, re- questing permission far cancella- tion of the Contractors improve- ment bond in the amount of $4000 for construction of sidewalks in Green Acres Subdivision, present- ed and read. Councilman Takos moved that the request be granted. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos. Nays-None. Councilman Kintzinger not vot- ing. October 2, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Kane Street sanitary sewer from the existing manhole oppo- site Lot No. Z-1 of Mineral Lot 351 to a point 700 feet west on Kane Street has been completed in ac- cordance with the plans and speci• fications. I recommend that the project be accepted. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.203.58 Whereas, the contract for the construction of an eight inch (8") sanitary sewer in Kane Street from the existing manhole opposite Lot No. 2-1 of Mineral Lot 351 to a point 700 feet west on Kane Street has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of estimates, notices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $2,552.04. That $2,552.04 of the cost there- of shall be assessable upon private property and $None shall be paid from the None Fund of the City of Dubuque. Passed, adopted and approved this 6th day of October 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 Schueller moved the adoption of the resolution. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. liegular Session, October 8,198 437 (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.20458 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer in Kane Street from the existing manhole opposite Lot No. 2-1 of Mineral Lot 351 to a point 700 feet west on Kane Street, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby directed to prepare a plat and schedule showing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assessments therefor, as required by law. BE 1T FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted and approved this 6th day of October, 1958. Approved: CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. 5CHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Date, October 6, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I hereby certify that I have in- spected the following improve- ment: The construction of the 1958 Kane Street Water Main Proj- ect No. l (as amended). That the same has been com• pleted in accordance with the terms of the contract with Saffron Construction Co. That there is now due the con- tract the amount of $16,932.20. That the Total Cost of the Im- provement is $16,979.97, as shown by the computation hereto at• tached. K. J. CULLEN City Engineer 1958 KANE STREET WATER MAIN PROJECT N0. 1- (As amended) Computation of the Total Cost of the Improvement: 1896 Lin. Ft. 12" water main @ 7.70 ................$14,599.20 35 Lin. Ft. 8" water main @ 5.00 .......................... 175.00 80 Lin, Ft. 6" water main @ 5.00 .......................... 400.00 2-12" valves and boxes @ 256.00 ...................... 500.00 1-8" same @ 150.00 ...... 150.00 3-6" same @ 100.00 ...... 300.00 1-12"x12" cross ............ 118.00 3-12"x0" Tee @ 80.00.... 240.00 1-12"x8" Tee @ 85.00.... 85.00 Z-12"-11'/a deg Bend @ 50.00 ........................ 100.00 1-12" plug @ 15.00 ...... 15.00 1-12"x8" reducer .......... 35.00 1-8" plug ........................ 16.00 1-6" plug ........................ 5.00 1-Hydrant ...................... 200.00 Contract Total ..........$16,932.20 $16,932.20 Contract Total 6,706.18 Assessment Total 10,226.02 Water Dept. Share (pay to Contractor after Council's acceptance) I~ ~ Regular Session; October 8, 1958 489 .438 'Regular Session, October 6, 1958 6;706.18 Amount .receivable from the Assessments (pay to Contractor 52 days after the Council accepts the improve- went) 47.77 Interest on $6,706.18 @ 5% for 52 days (pay to Contractor 52 days af- ter the Council accepts the improvement) $16,979.97 Total amount due the Contractor CITY .SHARE OF THE IMPROVE~ MENT COST $10,226.02 City -share (1st pay- went) 47.77 .Interest on_$6,706.18 C 5% for 52 days $10,273.79 Total City_share of he .improvement CITY WATER DEPARTMENT', DUBUQUE, IOWA Councilman Schueller moved' that the communication be made al matter of record. Seconded by Councilman Takos. Carried by the:. following vote: , Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. .Nays-None. RESOLUTION N0. 205.58 .Resolution accepting work, as-' certaining cost, determining pro-' :portion of cost to be assessed against private property and or- Bering payment for: The construc- tion of the 1958 Kane Street Water Main Project No. 1 (as amended). Whereas, the City Engineer has .filed his certificate with the City Clerk, stating that he has inspect- ed the above improvement, that the same has been performed in compliance -with the terms of the contract, ,and that the total cost of the work is $16,979.97. Now Therefore Be It Rosolved by'the City Council of the City. of Dubuque, Iowa: Section 1, That the work of Saf- fron Construction Co. in complet- ing said improvement is hereby accepted and the City Auditor in- structed to issue warrants payable +to said contractor in .the .total sum $16,932.20 with interest there- on .at the rate of 5% per annum from date hereof and drawn upon. the Water Works General fund or any other fund available far such improvement. Section 2. That the total cost of said improvement is hereby de- termined to be $16,979,97 and it it further determined that$10273; 79 of such cost shall be paid from the Water Works General fund .and $6,706.18 of such cost shall be .assessed :against private prop- erty within the assessment dis- tract. Passed, adopted and approved this 6th day of October, 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 adop- tion , of the resolution. Seconded by Councilman Kintzinger, Carried by the following vote: 'Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. CITY OF DUBUQUE, IOWA Schedule of Assessments For the 1958 Kane Street Water Main Project No. 1 (as Amended) To the Honorable Mayor and City Council City of Dubuque, Iowa I herewith submit an assessment schedule for the above improve- ment showing a description of each lot to be assessed, the names of the owners as shown by the Coun- ty Auditor's roll, the valuation of each lot as set by the Council, and the amount proposed to be as- sessed against each lot. Submitted this 6th day of Octo- ber 1958. K. J. CULLEN City Engineer Jos. H. & Helen A. Bellman, Lot 1 of 1 of 1 and 2, Min- eral Lot 351-Valuation 10, 879.00 .............................. 523.60 Elmer T. & Ruth Hedrick, Lot 1 of 2 of 2, Mineral Lot 351 - Valuation 10,746A0 ............................ 189.20 John A. & Harriett G. Ma- tous, Lot 1 of 2.1-2-1.1.1, Mineral Lot 342-Valua- tion 1,272.00 ...................... 200.00 John G. Spechtenhauser, Lot 1 of 1-1-2-1-1-1, Min- eral Lot 342-Valuation 1,895.00 .............................. 288.00 Christ & Bernice Willy, Lot 1 of 2, Willy Place-Valu- ation 18,615.00 .................. 857.80 Christ & Bernice Willy, Lot 1 of 1, Willy Place-Valu- tion 20,000.00 .................... 128.80 Christ & Bernice Willy, Lot 2 of 1, Willy Place-Valu- ation 22,000.00 .................. 369.00 J. H. Schiltz, Lot 2, Scenic View Heights No. 1-Val- uation 7;680,00 ................1,000.00 J. H. Schiltz, Lot 1, Scenic View Heights No, 1-Val- uation 9,000.00 .................. 900.00 J. H. Schiltz, Lot 1, Block 3, Scenic View Heights No. 1-Valuation 1,500.00 ...... 150.00 J. H. Schiltz, Lot 2, Block 3, Scenic View IIeights No, 1-Valuation 1,500.00 ...... 150.00 John G. & Connie Schiltz, Lot 3, Block 3, Scenic View Heights No. 1-Val- uation 1,500.00 .................. 156.00 John G. & Connie Schiltz, Lot 4, Block 3, Scenic View Heights No, 1-Val- uation 1,500.00 .................. 244.00 J. H. Schiltz, Lot 1, Block 4, Scenic View Heights No. 1-Valuation 1,500.00 ,..... 150.00 J. H. Schiltz, Lot 2, Block 4, Scenic View Heights No. 1-Valuation 1,500.00 ...... 140.00 J. H. Schiltz, Lot 3, Block 4, Scenic View Heights Nb. 1-Valuation 1,500,00 139.78 Dubuque Central Catholic High School, Lot 1, St. Mary's Place-Valuation 3,000,000.00 ......................1,120.00 6,706.18 RESOLUTION N0.206.58 Resolution adopting final assess- - ment schedule, levying assessment, prescribing terms of payment thereof, and directing City Clerk to certify final schedule and pub- lish notice for: '~ The construction of the 1958 Kane 5t. Water Main Project No, 1 (as amended). Wheeras, the City Engineer has filed his-Final Schedule of Assess- ments far. the above improvement showing a description of each lot to be assessed, the valuation of each lot as heretofore fixed by the council, and the amount proposed to be assessed against each lot, and, Whereas the City Council has met and considered said Final Schedule of. Assessments; Now Therefore Be It Resolved By the City Council of the City, of Dubuque, Iowa: Section 1. That the assessments: as set forth in said. schedule are hereby. con€irmed and adopted and that a special tax be and is. hereby levied on the several' lots,.., and parts of lots, and parcels of real estate for the amounts set oppa- site each lot or parcel of real es- tate all as shown in said schedule.. Section 2, That each of said as• sessments in excess of $25.00 is hereby divided into ten equal an- nual installments, the first of which shall be due and payable on January 1, 1959 and the succeed- ing annual installments shall be- come respectively dale and'payabi~ on the first day of January annu, ally thereafter. Section 3. That all unpaid in• stallments shad bear interest at the rate of 5% per annum from October 6, 1958 and:shall.be due and payable in the manner pro- vided by law, provided however, any taxpayer may pay his total as• sessment in full. without interest within 30 days .from the date that the City Clerk certifies. the sched- ule of assessments to the County Auditor as herienafter. provided„ Section 4. That the City Clerk is hereby directed to certify the En- gineer's Final Schedule of Assess- ments to the County Auditor. of Dubuque County, Iowa, and to pub- lish notice thereof by our publi- cation in the Telegraph Herald newspaper, once each week for two consecutive weeks, the 1st publi- cation of which shall not be more than 15 days from the date of,the filing of the final schedule with the County. Auditor. 440 Regular Session, October B, 1958 Passed, adopted and approved this 6th day of October 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 adop- tion of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. October 1, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the "City of Dubuque 1958 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1" consisting of the following named street, Wind- sor Avenue from the East Prop- erty Line of 22nd Street to the North Property Line of the alley first south of Strauss Street, under construction by Schueller and Company, Inc., has been complet• ed in accordance with the plans and specifications. I therefore recommend the ac- ceptance of this work. Respectfully submitted, L. J. SCHII.TZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Fround, Kintzinger, Schueller, Ta- kos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.207.58 wnr;REAS, the contract for the City of Dubuque 1958 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No. 1, Windsor Ave- nue from the East Property Line of 22nd Street to the North Prop• erty Line of alley 1st south of Strauss Street, has been complet- ed and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $34,18030. That $34,180.30 of the cost there- of shall be assessable upon private property and $ None shall be paid from the None Fund of the City of Dubuque. Passed, adopted and approved this 6th day of October, 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 Takos moved the adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Ta- kos. Nays-None. (A Resolution Accepting Improve• ment end Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.208.58 Whereas, the contract for the City of Dubuque 1958 Hot Mix-Hot Laid Asphaltic Concrete Surfacing Project No. 1, Windsor Avenue from the East Property Line of 22nd Street to the North Property Line of alley 1st south of Strauss Street, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi• cations and recommends its ac• ceptance, now therefore, BE IT RESOLVED, by the Citq Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby Regular Session, October 8,1958 44)_ directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as• sessment for said improvement adn file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy spe- cial assessments therefor, as re- quired by law. BE 1T FURrnr<n RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Street Improvement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided far therein. Passed, adopted and approved this 6th day of October, 1958. Approved: CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAROS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution. Sec• onded by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. October 6, 1958 To the Honorable Mayor and City Conncil Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1957 Hot Mix- Hot Laid Asphaltic Concrete Sur- facing Project No, 1, consisting of the following named streets: SECTION I 1. North Grandview Avenue from the North Property Line of Dexter Street to the exten- sion of the South Line of Lot 74 Woodlawn Park Addition. 2. North Grandview Avenue from the West Property Line of Auburn Street to the South Property Line of Clarke Drive. SECTION II 1. North Grandview Avenue from the West Property Line of Auburn Street to the in- tersection with Audubon Street. 2. Central Avenue from 32nd Street to the City Limits. under construction by Mulgrew Blacktop, Inc., has been complet- ed and also portions of the im- provement were faulty and have been repaired. I therefore recommend the ac- ceptance of this improvement with the stipulation that the cost of city inspection, repair done by City and cost of testing of faulty material be deducted from the amount due Mulgrew Blacktop, Inc. Respectfully submitted, L. J. SCHII~TZ City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.209•S8 Whereas, the contract for the City of Dubuque 1957 Hot Mix• Hot Laid Asphaltic Concrete Sur- facing Project No. 1. Section I 1. North Grandview Avenue from the North Property Line of Dexter Street to ex- tension of the South Prop- erty Line of Lot 74 Wood- lawn Park Addition. 2. North Grandview Avenue from the West Property Line of Auburn Street to the South Property Line of Clarke Drive. Section II 1. North Grandview Avenue from the West Property Line of Auburn Street to the in- tersection with Audubon Street. 2. Central Avenue from 32nd Street to the City Limits. has been completed and the City Engineer has Suhlnattgd his final I; h 442 Regular Session; October ~ 1958 estimate showing the cost thereof including the cost of estimates, no- tices; inspection, and preparing the assessment-and plat; now-there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque; That the. cost of said improve- ment is hereby determined. to be $46,873.46. That $13,835.07. of the cost thereof shall be assessable upon private property, and.. $33,038.39 shall be paid from the $12,302.70 Iowa: State Highway Commission,: $20,735:69, 135 J (Street. Const.) Fund of the City of Dubuque. Passed, adopted and approved this. 6th: day of October,.1958. CLARENCE P. WELU Mayor: GEORGE~A: FREUND LEO N. SCHUELLER CHARLES A. KINTZBVGER PETER J, TAKOS Courrcifinen Attest: LEO F. FROMMELT Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger: Garried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kes. Nays-None. (A Resolution Accepting Improve- men# and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.21058 WHEREAS, the contract for- the City of Dubuque 1957 Hot Mix-Hat Laid', Asphaltic Concrete Surfacing Froject No. 1: Section I 1, North. Grandview Avenue from the North Property Line of Dexter Street to the Extension of the South Prop- erty Line of. Lot 74 Wood- ]awn Park Addition. 2. North Grandview Avenue from the West Property Line of Auburn Street to the South Property Line of Clarke Drive. Section II 1 North Grandview Avenue from the West Property Line of Auburn Street'to intersee-' lion with Audubon Street, ~ 2, Central Avenue: from 32nd Street' to City- Limits, has been completed and the City Manager has. examined. the work. and filed lus certificate stating. that the. same has been completed: according. the. terms of the con-. tract; plans. and specifications: and. recommends. its.. acceptance, now. therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the Gitq Manager be approved and that said improvement be and the- same is hereby accepted and the City Engineer be and' is hereby directed' to prepare- a plat' and schedule showing the>lots or par• cell of real estate subject to asp sessment' for said ` improvement arid:file the same in the office of the City. Clerk. subject to public inspection and said Clerk-: shall upon receipt of such plat and schedule publish the notice of the Councils: itrtention to levy: special assessmer-ts :therefor; as required bylaw. BE IT. FURTHER RESOLVED, that the City Treasurer be and; he is hereby directed to pay to the contractor from the funds to be realized from the sale of 'Street Improvement bonds issued- upon the above described improvement in amount equal to the amount.of his. contract, less any retained pert tentage provided for therein. Passed, adopted and'. approved this. 6th day of October, 1958. Approved: CLARENCE P; WELU Mayor GEORGE A. FREUND LEON. 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, Ta- kes, Nays-None. ltegujar Session, October 6, 1958 ~~ October 6, 1958 'To bke~Honarable Mayor and City Council Dubuque, Iowa Gentlemen: The Alta Place Sanitary Sewer Sewer has been completed in ac- cordance with the plans and speci- fications.by Hennessey Bros. Inc. I recommend that the .project be accepted. Respectfully submitted, L. J. SCHII.TZ, .City Manager Councilman Freund moved that the recommendation of the City Manager be .approved. Seconded ~,byMayor Welu. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, .Schueller, Ta- kes. 'Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION ND. 211.58 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer in Alta Place from' a point 125 feet north of the North Property Line of Delaware Street;., to the existing sanitary sewer in Green Street, has been completed' and the City 'Engineer has sub- mitted his final estimate showing the cost thereof including the cost of .estimates, notices, inspection, and preparing the assessment-and plat, now therefore, BE IT RESOLVED, .by -the City Council of the City of Dubuque, That the .cost of said improve- ment is hereby determined to be .$1,776,68. That $1,776.68 of the cost there- of shall be assessable upon private ;property, and$None shall be paid from the None Fund of the City of Dubuque. _Aassed, .adopted .and approved this 6th day of .October, 1958. CLARENCE P. WELU Mayor t}FORGE A. FREUND LEON. SCHUELLER CHARLES A. KIIVTZIIQGER r~i'rR, J. TAKOS Councilmen Attest: LEO F.`FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. (A Resolution Accepting Improve• ment and Directing the Clerk #o Publish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION N0.212.58 WHEREAS, the contract for the construction of an eight inch (8") sanitary sewer in Alta Place from a point 125 feet north of the North Property :Line of Delaware Street to the existing sanitary sewer in Green •Street, has been completed and the City Manager has exam- ined the work and filed his certifi- •eate stating that the same has been completed according to the terms bf the contract, plans and specifi- eations-and recommends its accept- -once, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager `be approved and that said improvement be and the same is hereby accepted and the City •Engineer be and is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- ~sessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of Sewer bonds issued upon the above de- scribed improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein. Passed, adopted .and approved this 6th day of October, 1958. ~I ~~ 444 Regular Session, bctober 6,1958 Approved: 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 adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. RESOLUTION N0.213.58 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap- proval 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 up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Clarence P. Haupert, 1703 Asbury Street Miss Florence F. Brede, 2987 Jack- son Street Mrs. Anna Kramer, 55 East 7th Street Joseph E. Reisdorf,1101 Rhomberg Avenue Fred Frary, 2220 University Ave• nue Clement R. Fleckenstein, 2995 Cen- tral Avenue George R. Pfiffner and Richard L. Klnssner, 1638 Central Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans Club, 951 Main Street Passed, adopted and approved this 6th day of October, 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 adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. RESOLUTION N0.21458 WHEREAS, heretofore applica• tions for Class "B" Beer Permits were filed by the within named ap- plicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Clarence P. Haupert, 1703 Asbury Street Miss Florence F. Brede, 2987 Jack- son Street Mrs. Anna Kramer, 55 East 7th Street Joseph E. Reisdorf,1101 R1~omberg Avenue Fred Frary, 2220 University Ave- nue Clement R. Fleckenstein, 2995 Central Avenue George R. Pfiffner and Richard L. Klossner, 1638 Central Avenue CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans Club, 951~x Main Street BE IT FURTHER RESOLVED that the bonds filed by such appli• catns be and the same are hereby approved. Passed, adopted and approved this 6th day of October, 1958. CLARINCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk }regular Session, October 6, 1958 `~" Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. RESOLUTION N0.215.58 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City. Clement R. Fleckenstein, 2995 Cen- tral Avenue George R. Pfiffner and Richard L. Klossner, 1638 Central Ave- nue Geo. R. Bunt and Christopher C. Gratz (Transfer of address from 251 Eighth Avenue), 229 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 6th day of October, 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 adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Mayor Welu moved that legal recourse be taken immediately to effect the repair of streets in the Hillcrest Builders Subdivision and that the City Solicitor take such legal recourse as he deems feas- ible. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Mr. R. F. Sefzik, 430 Clark Street,. addressed the Council by being critical of the Water De• partment, Industrial Park, Kerper Boulevard, Planning & Zoning Commission and the City Assess• ment System. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. LEO F. FROMMELT City Clerk Approved ....................................1959 Adopted ......................................1959 Councilmen ......................... ....... Attest ................................................ City Clerk 446 Special Session, October 16, 1958 CITY COUNCIL (OFFICIAL) Special Session, October 16,1958 Council met at 7;45 P.M. Present-Mayor Welu, Council• men Freund, Kintzinger, Schueller, Takos. City Manager Schiltz, Mayor Welu read the call and stated that service had been duly made and that this meeting is called for the purpose of granting permission for the improvement of sewer and water in the already platted streets in Rolling Ridge Subdivision and acting on any oth- er business as may come before a regular meeting of the City Coun- cil. Petition of Hillcrest Builders Inc. requesting permission to install sewer and water in the already platted streets in Lenox Addition between Drexel and Enid Avenues midway between Van Buren and Illinois Streets to Pennsylvania Avenue, presented and read. Mayor Welu moved that the petition be received and filed. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. three separate days. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. uitt»NANCH N0, 68•!8 Builda's~Inconrporated the RighT o Construct A Sanitary Sewer end .Water Main to IBinoia Avenue Alpha Avenue, Enid Avenue and Ohio Aw enue (water onlyy) And Providing The Terms and Coaditiona Thereof; BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU• QUE, IOWA: fECTION 1, That H1Bcreat BuUdere Incorporated be and that they are hereby granted the right to coa street ao eight inch (8") sanitary sewer and water main in the fonow• !ng named streets; Ilnnofa Avenue from the exlsUngg manhole at the ffi• tersection of Ohlo Avenue to the South Property Lb1e of Pennsylvan• la Avenue; Alpha Avenue from the North Property Line of Dllnoia Aw :enue to the South Property Line of Pennsylvania Avenue; Enld Street from the North Property Line of IIlinota Avenue to the South Prop- arty Line of Pennsylvania Avenue and Ohio Avenue (water main only) from the North Property Line of Ilnnols Avenue co the South Prop- erty Line of Pennsylvanta Avenue uppon the following terms and coa- dltiona: (a) That the grantee agrees to con• street said sewer and water mains within one year from the date of adoption of this ordinance and pay the entire cost thereof including the cast o! publication, Inspection and restoration of the surface of the That said newer end water shall be constructed in accard• with plane approved by the Department of Health and the tanager and Hader the auppen and direction of the Clty ORDINANCE NO. 68.58 An Ordinance Granting Hillcrest Builders Incorporated the Right to Construct a Sanitary Sewer and Water Main in Illinois Avenue, A1- pha Avenue, Enid Avenue and Ohio Avenue (water only) and pro- viding the terms and conditions thereof, presented and read. 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 fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on (c) That the grantee shall enter Inttoo a contract for the conatructtoa 'o! said newer and water mains with a well qualified contractor, which '.contract among other things, will 'contain a clause reyulring the con• tractor to obtain en necessary per• meta required by the City of Dubu• qne or any other ggovernmental agency, a clause obngating Ure con• tractor and his bondsmen to keepp said newer and water mains la ood repair far a period of not leas than two yearn from the date of accept- ance of the work and a dauae re• quhfng the contractor to turalah a surety bond with the Ctty of Du• buque namedd as one of the obligees a~nce ofesatd cootract. ~ pertorm• (d) That upon completion at said newer and water mains and the ac• ceptaace of the acme by the City Council, sold sewer and water mafna shall became public newer and water mains under the excluaine charge and control of the Clty of Dubuque ~aad !ta tree use u each shell not ~be interferred with by the grantee or their aucceeaora or assigns, SECTION 1. That the authority granted herein shall terminate oa November 17, 1959 unless the terms 'sad conditions of'khie ordhumce are 'accepted m writing by the grantee ~orior to that data. - - - Special Session, October 16, 1958 447 ' ae~ ~ .ON 3. ThI3 Ordinance ehaH 'be in full force and effect from and je{ter Its final passage, adoption and publlcanon as provided by law. PASSED, ADOPTED AND AP• PROVED this 18th day of Ootober A.D. 1968. CLARENCE P. WELU, ~ Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER 7. TAgOS Councilmen ATTEST: LEO F. FROMMELT, City Clerk Published officially in the Tale. graph•Herald newspaper Chia 24th day of October 1958. LEO F. FROMMELT, City Clerk Ii t 10-24 pCCEPTANCB OF ORDINANCE N0. 68.58 Htllcreat Benders Incorporated, having fun knowledge and under• standing of a]I the terms and con- ditions o[ Ordinance No, 88-58, hereby accepts the same as paeaed and agrees to comply with the terms and conditions thereat. Adopted this 21st day of October, 1958, Hmcreat Bundera Incorporeted By Russell L. Rafoth V1ce Prea. Richard V. Hansel, btea. 1 t. 10.24 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, Ta- kos. Nays-None. Communication of Dubuque Park Board requesting amendment of the 1958 budget to permit the ex- penditure of $60,000 under the Park Improvement Fund rather than the amount of $44,500 as pre- viously set, presented and read. Councilman Freund moved that the communication be referred to the City Manager for consideration at the time of the amendment of the 1958 budget. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. October 15, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have been advised by Travel- ers Insurance Company that they have disposed of the enclosed claim of Jahn Kendall, 1517 Ma- ple Street, and the same is here- with returned for your files. Sincerely, T. H. NELSON Councilman Kintzinger moved that the communication 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. October 15, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Garry J. Hird, 335 Nevada Street, Dubuque, Iowa, for damages claimed to have been sustained when he drove his mo• for vehicle into a hole in Farragut Street August 20, 1958 has been examined by me and it appears that the hole in the street did exist, having been created by a washout from a heavy rain storm, which occurred in the early after- noon of August 20th. In my opinion sufficient time did not elapse to put the City on notice of the existence of the de- feet and far that reason I can find no negligence on the part of the City and recommend that the claim be denied, Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, CouncilmeD Freund, Kintzinger, Schueller, Ta• kos. Nays-None. October 15, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the attached claim of Elmer Bleile, 1635 White Street, Dubuque and can find no negligence on the part of the City and recommend that the claim be denied. Respectfully, T. H. NELSON v~l 448 Special Session, October 16, 1958 Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Sec- onded by Councilman Takos. Cori ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. October 15, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the claim of Fritz I.. Kuemmerer, 593' Arling- ton Street, Dubuque, for damages to his car when he struck an un- barricaded excavation in Loras Boulevard, August 27, 1958, and find that the defect existed as claimed, and that the barricade had been removed under the im- pression that the surface had been adequately prepared for travel. The estimated damage to the Kuemmerer car is $19.85. I recommend that the claim be allowed in the amount of $19.85 and the Auditor instructed to issue a warrant payable to Fritz L. Kuemmerer in said amount and deliver the same upon receipt of a properly executed release. Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war• rant payable to Fritz L. Kuemmer• er in the amount of $19.85 and de• liver the same upon receipt of a properly executed release. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Notice of claim of Mary G. Na lan of 383 Locust St., in an un- named amount, for personal in- juries received in a fall on a de- fective sidewalk at 135 8th Avenue on September 26, 1958, presented and read. Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. RESOLUTION N0.21658 WHEREAS, applications for Class "B" Beer Permits have been submitted to this Council for ap• proval and the same have been examined; NOW, rn~nEFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of thsi City. CLASS "B" PERMIT J. Russell Evans, 29 Eighth Avenue Mrs. Regina Schmidt, 36 West 4th Street CLASS "B" PERMIT FOR PRIVATE CLUB Gerald F. Winter Post 9663 V.F.W., 2203 Carter Road Passed, adopted and approved this 16th day of October, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KIlV r~u1GER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-Nor.E. RESOLUTION N0.217.56 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named applicants and they have received the approval 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 Special Session, October 16,1958 449 directed to issue to the following Yeas-Mayor Welu, Councilmen named applicants a Beer Permit Freund, Kintzinger, Schueller, Ta- kos. CLASS "B" PERMIT Nays-None. J. Russell Evans, 29 Eighth Avenue LEO F. FROMMELT Mrs. Regina Sclmidt, 36 West 4th City Clerk Street CLASS "B" PERMIT FOR PRIVATE CLUB Gerald F. Winter Post 9663 V.F.W., 2203 Carter Road BE 1T FURine<~i RESOLVED that the bonds filed by such ap- plicants be and the same are here• by approved. Passed, adopted and approved this 16th day of October, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER rrrr;n J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Freund moved that the rules be suspended to allow anyone present address the Coun- cil if they so desire. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Mr. Richard Hansel addressed the Council by expressing his thanks for holding this special meeting mainly in behalf of Hill• crest Builders Inc. so they can proceed with sewer and water im- provements in Lenox Addition. He also expressed thanks to the Coun- cil and engineering department for the cooperation given in building up Hillcrest Heights Subdivision. There being no further business Councilman Freund moved to ad- journ. Seconded by Mayor Welu. ` Carried by the following vote: Approved ....................................1959 Adopted ......................................1959 Councilmen ............................, ....... ........................ Attest: ......... ....-.•». City Clerk