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1955 May Council Proceedingsl~agular; Session, May 2nd 1955 225x. (t1F;FICIAL) Regular Session; May~2nd;1955. Council met ~ at- 7'.30 P.M Presenb -Mayor Kintzinger, °Council~en~ Aarstin, Sehueller, We1a. City Manager Sehiltz: Absent~Couneilman Kolb, Mayor Kintzinger stated' that this~is the regular meeting of the City Council fors the° purpose of acting upon such- business as may properly:"come-Before the-meeting. Proof'ofpulil'ication; certified to by the publishers, of notice of'pen- dency ofi~ resolution of necessity and hearing~,upon°proposed,plans, specifications; form~ofcontraet and cost of improvement for bhe. con- stt'uction.of;an eight,inch sanitary sewer.in~BUnker Hill Street begin- ning;;; a(; the existing manhole in Green. Street`to the south property line of Finley Street; estimated cost $2;799.05; presented and read, Ntl_wrtttln objections.. filed and no o'~bjectors present in the Council Chamber at the time set' for said public, hearing, Councilman Schuel- 12r moved that the proof of -publi- cation. be received and" filed, Sec- onded' by Councilman Welu, Car- ried~"by,the following-vote: Yeas-Mayor Kintzinger, Coun- cilthenAustin, Sehueller, Welu. N,ay@-None, Absent=Councilman Kolb. Decision of Council upon objections to plans; specifications; form of contract' and' cost of improve• menu. RESOLUTION N0. 132.55! Whereas; proposed plans and specifications andf'orm of contract for the construction of an eight (8)`~iheh sanitary sewer imBunker Hill' Street'~~begfnning at the exist- ing manhole in Green Street to bhe Sou'Gh~~~ Property Line of Finley Street!; have, been approved' by the City Council of the City of Du- buque and public notice given as provided' by Chapter 23' of the Ciodo=of'Iowa; 1950'; pertaining to public contracts- and' bonds, and the ~ time- and^ place fixed for the hearing of all objections to"said plans,< specifications or contract fdrrorA~cost'of'suoh improvements, said Limo-~ being this 2nd day of May, 1965;- and' Whereas; the City, Ctluncil met in regular ~ session- this 2nd- day of May, 1955', at 7~30~o'clock~R:M. at the Gowncil' Chambers in they City 'Hall for the purpose of hearing all interested,? parties: and considering any~and'a11 objections which have been:filed,'to the proposed plans; specifications or contract. for or_ cost of the improvement herende- scribed and proposed to be made; and Whereas, all interested parties have beern given an opportunity to be: heard and all objections which have been duly weighed and con• sidered; now, therefore- Be It Resolved bythe City,Coun- cil of the City of Dubuque; bhat all objections which. have. been made and filed to the. plans, speci- fications, contract for or cast of. said"improvement herein described. and proposed to be made„be and the- same. hereby. overruled and such„plans, specifications and farm of contract heretofore" approved are hereby; adopted, Be, It Further Resolved that this .resolution containing.. the decision of this Council upan,all•objections which have been filed to the plans, specifications and form of cost said iiprovement be made a matter of permanent record in connection with said improvement, Passed; adopted and approved th'is2nd day of May, 1955; CHARLES A: KINTZINGER Mayor CLARENCE P,' WE1~U RUBEN V, AUSTIN LEO N.SCHUELLER Councilmen Attest;. J. J, SHEA,' City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Sehueller, Car- ried''by, the following vote: Yeas-~M2yor Kintzinger,. Coun- cilmen Austin; Sehueller, Welu. Nays~NOne. Absent-Councilman Kolb: (Necessity for Improvement) R@SOLUTION N0. 11855' Whereas, proposed plans, specifi- cations; form o£ contract; .plat and schedule-have-been duly prepared sand approved by the City Council ', of 'the City of Dubuque and are 'now on file in the office of the City Clerk showing among" other 'things the following; 1; The boundaries of the district, 'if -any, i 2 Size and kind of'sewers. 22~ regular Session, Nlay 2nd, 1955 3. Each lot proposed. to be as- sessed together with a valuation fixed by the council. 4, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5. In each case the amount there- of which'is estimated to be as• sessed against each lot, for the con- struction of an eight (8) inch sani- tary sewer in Bunker Hill Street beginning at the existing manhole in Green Street to the south prop- erty line of Finley Street. Be It Therefore Resolved, that the City Council upon petition of property owners, deems it advis- able and necessary for the pwblic welfare to make the herein men- tioned improvement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately owned property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be is- sued and sold in anticipation of deferred payments of assessments when a contract has been per- formed and accepted and the pro• ceeds thereof used to pay the con• tractor. The railway portion of any street or .assessment district shall be assessed to and paid by the rail- way company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1955. The foregoing resolution was finally Regular Session, May 2nd, 1955 227 passed and adopted, as proposed, proposals for the construction of cilmen Welu moved that the proof this 2nd day of May, 1955. the various improvements herein of publication be received and CHARLES A, KINTZINGER provided for in the manner provid- filed. Seconded iby Councilman Mayor ed by law, the said improvements Austin. Carried by the following CLARENCE P. WELU shall be completed on or before 30 vote: RUBEN V. AUSTIN Calendar days after notice to pro- Yeas-Mayor Kintzinger, Coun- LEO N. SCHUELLER teed is issued. cilmen Austin, Schueller, Welu. Councilmen Be It Further Resolved that this Nays-JNone. Attest: J. J. SHEA, ' i~esalution being deemed urgent Absent--Councilman Kolb. City Clerk:. and of immediate necessity shall: Peitition of John P. Lippert and Councilman Welu moved the be in force and effect from and others, property owners on Kauf• adoption of the resolution. Second- after its passage and adoption by morn Avenue Extension, objecting ed by Councilman Austin. Carried the City Council, to the proposed assessments on by the following vote: Passed adapted and approved their property for a sewer pressure Yeas-Mayor Kintzinger, Coun- , this 2nd day of May 1955. system unless provision is made in cilmen Austin, Schueller, Welu. , CHARLES A. KINTZINGER the plans and specifications bhat Nays-None, Mayor any additional connections to the Absent-Councilman Kolb. ~CLARENCE P. WELU system be assessed for same, and (Ordering Construetion) RUBEN V. AUSTIN the amounts so realized be refund~ RESOLUTION N0. 133.55 LEO N SCHUELLER ed to the original payees of the Be It Resolved by the City Coun- . Councilmen system and that such assessments inchide all areas now in the City cil of the City of Dubuque that Attest: J. J. SHEA, of Dubuque and all areas not now pursuant to a resolution of neces- City Clerk in the City of Dubuque which may sits No. 118.55 which was duly Councilman Welu moved the be drained by the proposed sys- passed Eby this Council, for the con- adoption of the resolution. Second- tem, or that the entire area than struction of an eight (8) inch sari- ed by Councilman Austin, Carried can be drained by the proposed sys- tary sewer in Bunker Hill Street by the following vote: tem be assessed and the City of beginning at the existing manhole '. Yeas-Mayor Kintzinger, Coun- Dubuque stand the cost of same in Green Street to the South Prop, cilmen Austin, Schueller, Welu. and all parties connecting to the erty Line of Finley Street, be and Nays-None, system be required to pay their as- the same are hereby ordered and ~ Absent-Councilman Kolb. sessment at that time, presented constructed by this Council upon Proof of publication, certified to and read. its own motion and with or without by the publishers, of notice of pen- ' the petition of property owners. dency of resolution of necessity Decision of Council u on ob e All the work shall be constructed and hearing upon proposed plans, ' tions, form of contract and in accordance with the plans and specifications, form of contract and cost of im rovements. p specifications heretofore adopted cost of improvement for the con- RESOLUTION NO. 134.55 and now on file in the office of the struction of Kaufmann Avenue and Whereas, proposed plans and City Clerk. Asbury Road Sanitary Sewer and specifications and farm of contract Be It Further Resolved that the Lift Station with Force Main which for the construction of Kaufmann cost and expense of the said im- consists of 8", 10" and 12" sanitary Ave. & Asbury Road Sanitary Sew- provements be paid for by levying sewer and a Lifit Station with 6" er & Lift Station with Force Main special assessments against the pri- Cast Iron Force Main to serve lots. which consists of 8", 10" & 12" vately owned property lying within abutting: Sanitary Sewer and Lift Station the assessable distance from the Kaufmann Avenue from West Prop- with 6" Cast Iron Force Main to improvements, whether such prop- erty Line of Carter Road to 1300 ' serve lots abutting: erty abut upon the same or are ad- , , feet west; "Kaufmann Avenue and Asbury jacent thereto, according to the.. West Side of Carter Road from Lot Road Sanitary Sewer and Lift Sta- area thereof and in proporfion to 5 to Lot 1-10 all of Highland Park tion with Force Main which con- the special benefits conferred, and Addition and from Lot 2 of John silts of 8", 10" and 12" Sanitary any deficiency will be paid out of J. Rohners Place to Latl-2.2-2-1.2• Sewer and Lift Station with 6" Cast the general, improvement, or sewer. 1 of Highland Farm; Iron Force Main as follows: funds of the city, or partly from Lindale Street; Sanitary sewer in Carter Road each of such funds. Payment will Kevindale Street; from Lot 3 in Highland Park Addi- be made to the contractor out of Karen Street; ~tion to Lot.l of 10 in Highland funds realized from the sale of Woodlawn Street from North Prop- Park Addition and from Lot 2 of bonds to be issued in anticipation erty Line of Karen to the South. John J. Rohners Place to Lat 1.2.2- of deferred payments of assess- Property Line of Lindale Street;'. 2-1.2.1 of Highland. Farm; merits as provided by law after the.: Asbury Raad from the West Prop- Sanitary sewer in Karen Street work has been completed and ae- et!ty'Line of Carter to the West from a point 100' west of the west cepted by the City Council. Corporatien Limits of the City of line of Carter Road to its terminus; Be It Further Resolved that the: Dubuque; Sanitary sewer through Lot 1 of City Clerk be and he is hereby ar- Total estimated assessment $70,: 10 Highland Park Addition from dered and directed to advertise for 363.40, presented and read. Coun- Canter Road to Woodlawn thence r , rr.... 228 Regular-Session, May,2nd, J955 <along~Woodlawn to Lot 14 of High-!. landiPark Addition thence through:',' dots X14, ,1'3, 2.1-12 and 23, of High-' land'Park Addition to trunk line;f Sanitary sewer in Woodlawn'! Streebfrom Lot 2 of'Strubs Sub. to Lin'd`ale Street; Sanitary sewer in Kevindale! Street 'from Lot '1 of `Clarence! Struts Sub, to'Lindale Street; Sanitary ewer in.Lindale Street from.Carter Raad to trunk line; Sanitary sewer in Asbury Road' from Carter Road to City Limits; `Trunk line sewer to intercept all of .a~bove..from Asbury Road northerly to Lift Station; Lift Station on: Lot 2-L 1-1.1-1.2.3• ,1~Highland Eaiuu Addition; -Cast Iron' Force Main from lift station :southerly to d~aufmann Avenue Extension thence in Kauf- mann,Avenue Extension to present sanitary. sewer. Lindale Street, Kevindale Street, Karen Street; Woodlawn from North Property Line of Karen!to South Property) ,Linesof Lindale Street; Asbury Road' from West Property Line~of Carters to West Corporation Limits of the City of Dubuque,have~ been approved by ,the City Coun- ci1 of the City of Dubuque and pub- lic notice :given as provided bye Chapter 23 of'the Code of Iowa, 1950,~pertaining'to'public contracts ;.and 'bonds, and the time and place'i fixed~for the°-hearing of all .objet- Lions to said plans, specifications) or contract far or cast of such im-` ;provements,said~time being this; `2nd:'dayo£'May, 1955; and =Whereas, the City Council met inl sreguiar rsession -this 2nd day of, May, 1955, at x:30 o'olock'P.M. at the Council Chambers inf the City ~Hallifor the purpose of'hearing all svnterested parties and considering.. rant' and all objections°which have been'.filed to!bhe proposed plans, specifications or contract for or cast of. the improvement herein de- ~scribedand~praposod to:be made; and sWhereas, all interested parties have been given an opportunity to be heard -and allobjections which :have ~beemlduly ~weighed:~~and ~ con- sidere'd; now, therefore ;De It Resmived~~by the City Coun- cil of the, City of Dubuque, that all ~objections,whiah have :been-made sand'filed to'the,plans, specifiea- tions,~contract for or cost.of acid improvement;herein desctibed--and proposedsto be-made, be and~.the same hereby :overruled and ~ such plans, specifications :and<form of :contract heretofore ,approved are hereby adopted. Be dt Further:-:Resolved that this resolution containing-the .decision Hof this, Council.upon.all.objections w~hich.have been filed.tothe..plans, specifications„and form. of cost,said improvement be made a matter of .permanent record in connection with said- improvement. Passed, ...adopted .and .approved this 2nd-day of May,'1955. ..CHARLES A. KIIJTZINGER `Mayor sCLARJ3NCE P. WELU RUBEN'V, `AUSTRd ` LE0 'N, 'SCHUELLER Councilmen Attest:'J. J.' SHEA, City Clerk Councilman We1u moved the a'doption~ ofs they resolution. Second- ed by Councilman Sehueller. Car- rie'd by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays~None, Absent--Councilman'~Kolb. ,May 2, 1955 To the Honorable Mayor ~sandt City Council, .Dubuque, Iowa :.Gentlemen: •As,the!easements from,the;prap- ertyowners could not be obtained .without 'difficulty at he .location as shown: on the preliminary plans; 'I recommendithat.the plansof=the location of the'Kaufmann Avenue and Asbury Street sanitary ewer ~project:be;revised in ;accordance ~=~FVith,the ~attaahedplans. This new location will not effect the-construction of'the project. rRespectfully submitted, Kenneth,•J. Cullen City`Eng-ineer Councilman Schueller !moved that the recommendaton~of.City Engineer Cullen be~~approved..Sec- onded by Councilman• Austin.. Car- ,rie'd,by<the following vote; ,Yeas~Mayor 'Ki~rtzinger, ~Coun- ciimendAustin,'°Sohueller, ~Welu. Nays~None, ~~~AbsenG-Councilman Kolb. RESOLUTION N0. X135.55 Whereas, the Gity Engineer has submitted new plans for the'loca- s Lion of ~Kaufrnann, Avenue :and %As- T rR~gular'~Sassion,;~M~ay'2nd, ~19~5 t?~L9 ~bury~Road+Sanitary SewerrProject; ,~~and 'Whereas,srt}appears to the City ' Councils that. rt isr in .the public fn• terest that said :'project ' be con- ~~tructed ~~in .accordance ,wibh-said substitarte"dsplans; and Whereas, it appears 'that the re- lagation Hof said ;project in :con- fonmity 'with the substituted plans Ywi11=_not-Cause any changeim the property owners affected or:prop- erty~affected; Now, Therefore, !Be'It Resolved .•by;the.'City Council of the City of 7Dubuque: :Section ~1. mhat Resolution No, ,122~55sbeing aResolution of;~~Neces- city: for ~ the : oonstruction Hof ~ Kauf- ~~mann ;Avenue sand Asbury Road Sanitary Sewer sand Lift Station 'with s#orce ma-in be amended by changing the ;description of the location ;.and tenminal.points of said sewer, -11ft station i and farce main to_rea'd°as follows; "Kaufruanm~Avenue and Asbury Road Sanitary;Sewer and Lift'Sta- tion with ifonce main which can-. sists,of.8", 10":,and,12" Sanitary •Sewer and Lift Statian~with°6".Cash ..Iron force main. as.follows: Sanitary sewer in Carter Road from Lot 3;in Highland Park Addi- tion .to Lot -L of 10 in .Highland Park Addition and.from Lot 2 of John.J,.Rohners Place to Lot 1-2.2- 2.1.2-1 of Highland Farm; Sanitary sewer in jKaren Street from a point 100' west of the west s lines of~~CarterRoad to; its terminus; Sanitary sewer through~Lot 1 of °10.,Hghland :Dank 'Addition from Carter ?Road ! to !Woodlawn' thence ~a4ong"Woodlawn to Lot 14 of High- ~land Park:Ad'ditiomthence through iluots 14, 13, 2-1.12.and 23 of Iligh- Il'~and ),?ark Additions#o trunk line; 'Sanitary rsewer .in Woodlawn `Street 'froms Lot 2 of Struts Sub.' to Lindale°Street; 'Sanitary sewer in ^Kevindale :Stre'et sfram 'Lot 1 of ''Clarence Stnuhs 'Sub. cos Liridale`. Street; nSanitaryisewer~in Lindale:Street -from CantersRaa'd to trunk line; Sanitary sewer in Asbury'Road from !Carter Ro~a'd'to ~CityiLimits; ~Tnunk lineFsewer. to' intercept gall of s.above from Asbury: Road' north- ~erly,to LiftaStation; 'Lift,Staton on, Lot,2-111.1=1=1.2.3- 1sHighland~EarmAddition; Cott Iron:Force Main `from lift ~. tation southerly to~~Kaufmann Ave- nuetExtension'thenee in+Kaufmann :Avenue Extension to ~presentisani- tary sewer. Section :2. ~tThat !the substituted ?'plans for,the iocatiomof said~sawer >;be an'd '.the • same ,are,~hereby ,~ap• .:proved, Passed, adopted and 1approved 'this 2rid~day-0feMay,i~i~955, CHARZjES A, ~K~1NTZITVGER Mayor CL'ARENCE!P. ~WELU `RU'BEN V,'AUSTIN iJEO N. SCHUELLER Councilmen `Attest,'J, J.~SHEA, City°Clerk Councilman We1u moved the ~adoptign,pf_the gesolution.'Second- ed.by Councilmen Austin. !Carried by the'followitig vote: Yeas=Mayor 'Kintzinger, Coan- Cilmen'Austin,'; SChueller,'Welu. Nays~None. Absent=Councilmah Kolb. (Necessity. for• lrnprovement) .RESOLUTION N0. 122;55 Whereas,.prgposedsplans,,~pecifi- cations, form of contract, j5lat and sche'dule'have been~du]y`prepared -arid `,approved by ° the ° City `Council of the' City ofrDubuque arid•are-now °on file in'the dffce of 'the City Clerk showing among other'things the following: 1. sThes baundariesssof~ the:`distni¢t, sif~any. 2: sDhe size,an'd' kind of sewers. 3. Each plot proposed t to `~be as- sesse'd together with 'a `waluabion ~fixed},by the-'council. :4,~An:~ettimatesof_the~aostubf the prop~ose'd improvement, statingsthe same 'for each .!different type of ~constructian-and!kind afs'~material to~be~used. 5.'In ~eaehs case` the'-.amount; ~here• of which is estimatdd'to'~be~ass~essed :~agai~nst; each ~ht, ~ for ~ the ! construc- atian -of ,Kaufmann Avenue i & =As- ~;bury Road Sanitary Sewer & Lift aStabion~~wibh~Forge~ Main~~hiehs con- ssists of -8" ,lfl" «an'd 12" Sanitary ~Sewor sand a -Lift Statian,~vith ,6" iCast IranForce Main to serve lots • abutting: s`I~aufmann.~Avenue land~As~bul'Y sRoadiSa~nitary:Sewer€arldpLift~ta- rtion iwith,Force,Main'~rvhich::-con- asists ~of ~ 8'.', X10" ~~ ai#d 12" Sanitapy ;Sewer {sand .Lift Station ~~with 6" :.Castlron'sFOrce Main as follows: Sanitary ~~sewer ~in ~~C'anter ~~~Road from Lot,3 in H~ghland,Park,Asddi- T 230 Regular Session, May 2nd, 1955 lion to Lot 1 of 10 in Highland Park Addition and from Lot 2 of John J. Rohners Place to Lot 1.2.2- 2.1.2.1 of Highland Farm; Sanitary sewer in Karen Street from a point 100' west of the west line of Carter Road to its terminus; Sanitary sewer through Lot 1 of 10 Highland Park Addition from Carter Road to Woodlawn thence along Woodlawn to Lot 14 of High- land Park Addition thence through Lots 14, 13, 2-1.12 and 23 of High- land Park Addition to trunk line; Sanitary sewer in Woodlawn Street from Lot 2 of Strubs Sub, to Lindale Street; .Sanitary sewer in Kevindale Street from Lot 1 of Clarence Strubs Sub. to Lindale Street; Sanitary sewer in Lindale Street from Carter Road to trunk line; Sanitary sewer in Asbury Road from Carter Road to City Limits; Trunk line sewer to intercept all of above from Asbury Road north- erly to Lift Station; Lift Station on Lot 2-1.1.1.1.1-2- 3.1 Highland Farm Addition; Cast Iron Force Main from lift station southerly to Kaufmann Ave- nue Extension thence in Kaufmann Avenue Extension to present rani- tary sewer. Be It Therefore Resolved that the 'City Council on its own motion and upon petition of property own- ers; deems it advisable and neces- saryfor the public welfare to make the herein mentioned improve• went, and unless property owners at the time of the Final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all, ob- jectians thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which havebeen prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cast and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided Eby law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid 'out of the sewer funds, Bonds shall Abe issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the. contractor. The railway portion of any street or assessment district shall Abe assessed to and paid ~by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of April, 1955. The foregoing resolution was finally passed and adopted, as amended, this 2nd day of May, 1955. iCHARLES A. KINTZINGER Mayor CLARENCE P, WELD RUBEN V. AUSTIN LEO N. SGHUELLER Councilmen Attest: J, J. 'SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-'Councilman Kolb. (Ordering Construction) RESOLUTION NO. 136.55 Be It Resolved by the City Coun- cil of the City of Dubuque that pur- suant to a resolution of necessity No, 122-55 which was duly passed by this Council, for the construc- tion of the "I{aufmann Auenue and Asbury Road Sanitary Sewer and Lift Station with Force Main which consists of 8", 10" and 12" Sanitary Sewer and Lift Station with 6" Cast Iron Farce Main as follows; Sanitary sewer in Carter Road from Lot 3 in Highland Park Addi- tion to Lot 1 of 10 in Highland Park Addition and from Lot of John J. Rohners Place to Lot 1.2.2.2-1-2.1 of Highland Farm; Sanitary sewer in Karen Street from a point 100' west of the west line of Carter Road to its terminus; Sanitary sewer through Lot 1 of 10 Highland Park Addition from Carter Road to Woodlawn thence along Woodlawn to Lot 14 of High- land Park Addition thence through regular Session, May 2nd, 1955 231. Lots 14, 13, 2-1-12 and 23 of high- land Park Addition to trunk line; Sanitary sewer in Woodlawn Street from Lot 2 of Strubs Sub, to Lindale Street; Sanitary sewer in Kevindale Street from Lot 1 of Clarence Strubs Sub, to Lindale Street! Sanitary sewer in Lindale Street from Carter Road to trunk line; Sanitary sewer in Asbury Road from Carter Road to City Limits; Trunk line sewer to intercept all of above from Asbury Road north- erly to Lift Station; Lift Station on Lot Z-1.1.1.1-1- 2-3-1 Highland Farm Addition; Cast Iron Force Main from lift station southerly to Kaufmann Ave- nue Extension thence in Kaufmann Avenue Extension to present sani- tary sewer, be and t'he same are hereby ordered and constructed by this Council upon its own motion and with the petition of property owners. All the work shall 'be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk. Be It Further Resolved that the cost and expense of the said im- provements be ;paid for by levying special assessments against the pri- vately owned property lying within the assessable distance from the improvements, whether such prop- ' erty abut upon the same or are ad- jacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city, Pay- ment will 'be made to the contrac- tor out of funds realized from the sale of ibonds to be issued in antici- pation of deferred payments of as- sessments as :provided by law after the work has been completed and accepted by the City Council, Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various improvements ~here• in provided for in the manner pro- vided Eby law, the said improve- ments shall be completed on or be- fore the 150 calendar days after Notice to proceed is issued. Be It Further Resolved that this resolution 'being deemed urgent and of immediate necessity shall be in force sand effect From and af- ter its passage and adoption by the City Council. Passed, adopted and approved this 2nd day May, 1955. CHARLES A. K~INTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN ' LEO N, SCHUELLER Councilmen Attest: J, J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman ,Austin, Carried by the fallowing vote; Yeas-Mayor Kintzinger, Coun- cilmenAustin, Schueller, Welu, Nays-None. Absent-;Councilman Korb. Communication of Carleton D, Beh Co, submitting for approval the Assignment of the Iowa Road Building Company assigning the proceeds from their contract with the City of Dubuque for the bitu- minous surfacing on certain streets of Dubuque, Iowa, during the 1955 season, presented and read. Coun- cilman Welu moved that the com- munication be received and the Mayor authorized to execute bhe Assignment on behalf of the City of Dubuque, Iowa. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-+None, Absent-Councilman Kolb. Communication of the United States Cuban Sugar Council urging the City Council to oppose the bill of Senator Ellender (S. 1635) or any other similar 'bills prejudicial to Cuban sugar and to support leg- islation maintaining Cuba's quota under the Sugar Act, thus conserv ing the Cuban market for your community's products, presented and read. Councilman Austin moved that the communication be referred to the City Council` for consideration. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None, Absent-Councilman Kolb. Petition of The Fire Prevention Committee of the Dubuque Cham- ber of Commerce, and the Board of Directors of the Retail Merchants } 232_ Regular. S`essiany May 2nd 1955'. J regular Session, May 2nd, 1955 X33 Bureau and~Oh'amber o£.Commerce Petitionof lieo A; Heitz request a full time maintenance crew man Austin. Carried by the foIlow- requesting the City Council' to. con- ! ing parmissionto erect a retaining whose work is devoted exclusively ing vote: siilari and: adopt an ordinance pro- ': wall 8 feet from the curbingat~his to the repair and maintenance of Yeas-Mayor Kintzinger, Coun- hi~biting smoking. in':: rataill stores j hroma-located; a-t~ 667z Levf Street;. the buildings and equipment of cilmen Austin, Schueller, Welu. and~theribuildings;whera: the nom- presented and read. Cou-ncilman'. the firm employing him. Nays-None, Aber of peoplarcan~cause a panic in 5¢htialler. moved that the, petition A request has ,been received Absent-Councilman Kolb. case o~~fire presented--and. read. be~referred=to the City^Council~ta= from A. Y. McDonald Mfg, Com April 30, 1955 Councilman; Welu mooed; that the view the grounds; Seconded' iby; pony that Mr, Jahn B, Chapman Abe To the Honorable Mayor petition Abe ~ refer-red to o the City Councilman=yAustin:~ Carried~b'y the issued a restricted plumbers li- and City Council, Manager:and~Fire:Chief forinvesti- following.,vote; tense. Dubuque, Iowa gation and report;, Seconded. by Yeas-Mayor Kintzinger; Coon- A. Y. McDonald Mfg. Company Gentlemen: Councilman Schueller, Carried by cilmen! Austia~ Schueller, Welu: and Mr. Chapman comply fully Proceeds from the sale of $1500 the following vptea Nays None~~ with Section 12A of the ordinance D00.00 water revenue bonds will in- Coun- Yeas~--N~+a~gr; Kintzi~rger A~b"s¢nt~-Counailmen~Kollb> and I recommend that the City crease city funds in excess of the , , Schuallex~ Wplw; ail~an3~Austin Councilman Austin moved that' Council grant a license and direct limits authorized to be deposited , , Nays-None:. th'e rules Abe suspended for the. the Plumbing Inspector to issue such license in local banks. t1hsent-~Counc+ilman;Kolb. purpose of allowing any one press ' . Respectfully submitted I therefore recommend that the treasurer be authorized to distrib- Petitibn~ of Jbhn P Feller re= e Council' Chamber; who ent~ in th wishes, to da so, to address the , L, J. SCHILTZ, ute funds in the banks in amounts questing. the City, Council to-take Seaanded by, Councilmank Oouncil City Manager not to exceed the fallowing; First some aetibn in regards to the-clean- ing up of ttie premises in he 1800 . Sahuel!Ieri Carried'by-the fbllowing Councilman Schueller moved National Bank- 875,000.00; Ameri- v VO that the recommendation of Cit can Trust & Se in s Bank- 850 bio¢kcon:Wrood:Street~belonging to: Y~as=~Mayor~ Kinbzingerz Courrl~ Manager Schiltz be approved and 000:00; and Dubuque Bank & Trust Mts Pleasant.Hbme, .presented and! : Schuller; Welu. cilmen Austin the Plumber Inspector instructed Company-$825,000,00. read, Couneilman;Welucmoved,that, , Nays-None accordingly. Seconded Eby Council- 'Respectfully submitted, tb"a~,petition~be referredab the City J A,bsent'. Councilman Kolb: man Austin. Carried b the follow- Y L. J. SCHILTZ, Mona er and Health D;e. artment' g p for, in~restigatfan,. and: re ort. Sec- p Mr. IIenry Haas addressed the ing vote: Yeas-Mayor Kintzinger Coun- City 'Manager Councilman Welu moved that the onded,by ~Cauncilman,Austin; Cara ' Council asking` for permission to erect' a retaining wall 8 feet from= , cilmen ,Austin, Schueller, Welu, recommendation of City Manager owmg.,vote; . ri¢dby then fo11 the curbing at h'is home located at ~ Nays--None. Schiltz be approved, Seconded by Yeas-Mayor Kintzinger; Coun- Councilman Austin 655 Lavi iStreet Absent-Councilman Kolb, Councilman Schueller. Carried by ciltnem Austin; Seh'ueller; Welu: , 1 rrmvedithat. the_ verbal request of- April 29, 1955 the following vote: Naysu-None: AbsantJCouncrlmanKblb ~ Henry Haas be~referred to the City To the Honorable 'Mayor Yeas-Mayor Kintzinger, Coun- cilmen Austin Schueller Welu Couneil~ to view the grounds Sec- and City Council , , , Nays-None Petition,,o£,J:,111., Wrntcr and oth- bonded by Counedman Schueller. Dubuque, Iowa , Absent-Councilman Kolb ers asking the City.. Council to Carried`by the: following, vote: Gentlemen: . cause.•the;first,alley,.west of Gan- Yeas~Mayor~ Kintzinger; Coun- According to Section 12A of Or- RESOLUYBON N0, 137.55 dblfd. St#~eet fcOm.Lomltard Street.. cilmen Austin,.Sehueller, Welu, dinance 21.55, the City Council may Be It Resolved by the City Coun- to St. Joseph's Street to..be opened Nays~None.~ issue restrictedplumbing licenses cil of the City of Dubuque that the up for use; presented and. read, Absent-Councilman Kolb: to the person in clirect charge of City Treasurer is hereby author- Councilman,Austin moved that the petitibn of Burtr Atkinson et aP a full dime maintenance crew ized to distribute city funds in petitibn ~lre' referred to the City- requesting t$a installstibn of a' whose work is devoted exclusively such banks approved as deposi• Oouncil to view the, grounds.,, Sec, street light at'the end of the 2900' to the ragair and maintenance of tories under Resolution No. 3.55 onded° by Cbuncilman Schueller. iblock on Muscatine Street present- the buildings and equipment of the and in such amounts not to exceed Carriedby the,fdllowing vote. ~ ~} kand~read: Councilman Schueller firm employing him. the 'following: First National Bank, Yeas-Mayor Kintzinger, Coun- moved that the petitianbe referred A request has been received $875,000,00; American Trust and cilipcn Austin, Schueller, Welu:. ~to the City Manager and°Electrical' from Farley & Loatscher Mfg. Coin- Savings Bank, $850,000,00; Du• Nays-None, ~Inspectorfor their recommendation pony that Mr, W. F. Cadman be is- buque Bank and Trust Company, Absent-r-Councilman Kolb, Iand`report, Secondbd by Council- sued a restricted plumbers license. $825,000.00. Petition; of; Mrs: Emma Young Iman Austin: Carried 6y the follow- Farley & Loetscher Mfg, Com- Be It Further Resolved that the and,:others~requasting that a street Img vote: pony and Mr. Cadman comply fully City Treasurer be and he is hereby ii hghts,bo;installed at he; corner of ~ Yeas--14layor> Kintzinger; Coun- with Section 12A of the ordinance directed to file with the County Primrose, andi Muscatine Streets,. icilmenAustin, Schueller; Welu. and I recommend that the City Treasurer of Dubuque County, presented. ands read. Councilman t Nays-None,- Council grant a license and direct Iowa, a list of such depositories. Austirl~,movedithat the petitionb'e, ~ Ab'sent'--Councilman Kolb: the Plumbing 'Inspector to issue Passed, adopted and approved referred to the City Manager and A'pril' 29,' 1955' such license, this 2nd day of May 1955. ElaotCicah:Inspoctor f~orctheir rec- To°the-Honorable Mayor Respectfully submitted, CHARLES A, KINTZINGER ommcnd~ationand report:: Seconded' ;and CityCouncil L. J. SCHILTZ, Mayor by Councilman Schueller: Carried I Dubuque.Iowa: City Manager CLA~RENCE P. WELU I I by the following. vote:. 'Gentlemen: Councilman Schueller moved RUBEN V. AUSTIIV Yeas-aMayor: Kintsinges, Coun- Aocording to Section 12A of Or- that the reconnnendation of City LEO N. SCHUELLER ~'~ cilmen; Austin; Schueller, Welu: dinance 21-55, the CityCouncl may! Manager Schiltz ibe approved and Councilmen Nays=-~Nrone issue restrioted plumbing- licenses the Plumbing Inspector lnstructed Attest: J. J. ~SHEA, Absent-~Cduncilman Kolb, ~~ ,. to~ tk1eA person in.~ direct charge of .. accordingly. Seconded by Council- 'City Clerk T 234 1{egular Session, May 2nd, 1955 Regular Session, May 2nd, 1955 235 Councilman Austin moved the adoption of the resolution Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb. May 2, 1955 To bhe Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have a~p- proved the following bonds and de- sire to have your approval on same for filing, subject to the approval of the 'City Solicitor: BLASTING Andrew Fondell, U.S. Fidelity & Guaranty Co, SIDEWALK Leo J, Schmitt, Western Surety iCompany K-M Construction Company, Ameri- can Casualty Company HEATING Rafoth Furnace & Sheet Metal Works, The Fidelity and Casualty Company Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the bonds be approved and placed oh file subject to the approval of the City Solicitor, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None, Absent-Councilman Kolb. May 2, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have been authorized by your honorable body to negotiate for the purchase of ;property needed for the location of a sewage disposal plant and sewage lift station, also easements for the construction of an interceptor sewer. Negotiations for the acquisition of property owned by Herman and Marcella Lott have not been suc- cessful and according to the own- ers of the property there is no further need to negotiate as their price is several times the appraised value of the property. Mr. Lott was offered $10,000.00 for the purchase of Lot 3 of Frac- tion of Government Lot 1 of Sec- tion 6 T 88 N, R 3E of bhe 5th P,M, containing approximately 12 acres; however, the original offer of Mr. Lott to sell for $30,000.00 has been withdrawn by him as in- adequate. He notified me personal- ly that he would not negotiate for the sale of this property at a price below $50,000,00. In view of Mr. Lotts attitude re- garding the acquisition of the prop- erty necessary to construct a sew- age disposal plant with the neces~ sary lift station, sewers and access right of way; and that the opinion of the cities consulting engineers, Consoer Townsend & Associates, is that the location is the most prac- tical and there is no practical al- ternate side, 6here appears to be no choice but to acquire the property through eminent domain. I recommend that the City Coun• cil authorize the condemnation of the following described property as that necessary for the construe- tion of a Sewage Treatment Plant, Lift Station, access right of way and sewer easements; all on prop- erty omed :by Herman and Marcel- la Lott, 3-NW'/n-NW'/a=Sec. 6, For Lift Sta- tian Purposes. From the N.E. corner of Lot 3- NW'/4 - NW'/a -Sec, 6, westerly along the ICRR south right-of- way line to a point 250 feet, then south to north property line of Lot 4 of NW'/4-NW'/4-Sec. 6, then east to the west property line of Lot 3-NE'/4-NW'/a-Sec, 6, then north to bhe N.E, corner of Lot. 3-NW'/4-NW'/a-Sec, 6. Lot 3 of Fraction of Government Lot 1 of Section 6 T88N R 3E of the 5th P.M., For Sewage Dispos- al Site, Lot 3 NW'/a-NW'/a-Section 6, Sewer & Road Purposes. Road and Sewer easements through and across the remain- der of said lot, Lat 4 of NW'/a-NW'/4 Section 6, Sewer Purposes. Lot 3 of NE~4-NW'/4 Section 6, Road & Sewer Purposes. Road & Sewer purposes for ad- joining proposed county road, All the above lobs are in Section 6 Twp, 88 North-Range 3E of 5th P.M. Road & Sewer easements through lots 123-A, 120 of Shptons Addi- tion; and to Julien Dubuque Drive along present road. Respectfully submitted, L. J. SCHILTZ, 'City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved and that proper proceedings be instituted to acquire the property as recom- mended, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu. Nays-None. Absent-Councilman Kolb, RESOLUTION N0. 138.55 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a :per• mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City, .Glen Miller, 185 Main Street. Don Kies, 2620 University Avenue. Be It Further Resolved that the. bonds filed with the applications.. be approved, Passed, adopted and approved this 2nd day of May, 1955. CHARLES A, KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N.SCHUELLER Councilmen Attest: J, J, SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- e ried by the following vote: Yeas-Mayor Kintzinger, Coun- ' cilmen Austin, Schueller, Welu, Nays-None, AbsentJCouncilman Kolb, RESOLUTION N0. 139.55 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have 'beem examined: Now, Therefore, Be It Resolved Eby the Council. of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Frank J, Fitzpatrick, 576 Central Avenue Vernon Meyer, 530 East 22nd Street Harriet Bush, 700 East 16th Street Dell Warren and Ralph Warren, 1700 Central Avenue Alfred G. Porter (Racing Inc.), City Island, East 16th St. Robert J. Bowen, 1105 University Avenue Glen Miller, 185 Main Street Don Kies, 2620 University Avenue CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Street Ernest Latham, 1499 Jackson Street Passed, adopted and approved this 2nd day of May, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: J. J: SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays-None. Absent-+Councilman Kolb. RESOLUTION N0. 140.55 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com• ply with the ordinances of this City and they have filed proper bonds: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager -be and he is directed to issue to the following named appli- cants aBeer Permit. CLASS "B° PERMIT Frank J. Fitzpatrick, 576 Central Avenue Vernon Meyer, 530 East 22nd Street Harriet Bush, 700 East 16th Street Dell Warren and Ralph Warren, 1700 Central Avenue Alfred G. Porter (Racing Inc.), City Island, East 16th Street 23g Regular Session, May 2nd, 1955 Robert J. Bowen, 1105 University Avonue Glen Miller, 185 Main Street Don Kies, 2620 University Avenue CLASS "C" PERMIT Carl Van Duelman, 590 Seminary Street ErnestLatham,1499 Jackson Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of May, 1955. CHARLES A. KINTZNGER Mayor CLARENCE P. WELU RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Wclu. Nays-None. Absent-Councilman Kalb. Petition containing approximate- ly 6,679 signatures requesting Day- light Saving Time and petitions containing approximately 9,769 sig- natures opposing Daylight Saving Time, said petitions having been filed in the office of the City Clerk on or before 4:00 P.M. on May 2nd, 1955, were ,presented to the City Council for their consideration, Af- ter alengthy discussion on the question of Daylight Saving Time between those favoring Daylight Saving Time and those apposed to Daylight Saving Time, Councilman Wehi moved that ail petitions hav- ing been received and considered, that the petitions be forwarded to the Governor of the State of Iowa and to the members of the State Legislature from Dubuque County for their consideration in order that some decision be given to Mu- nicipalities so that they can legally decide on the matter of time chang- ing, also that a resolution be drawn up and sent to the Governor and the State Legislature in this regard and also that Standard Time re- main in the City of Dubuque, Sec- onded by Mayor Kintzinger. Coun- cilman Austin submitted the fol- lowing amendment to the motion of Councilman Welu; that 3 mem- bers be selected from the group in favor of Daylight Saving Time and 3 members be selected from the group opposing Daylight Saving Time and the City Manager for a conference to ascertain if a .straw vote could be arranged for to be held during the month of May, 1955 on the question of Daylight Saving Time without the expenditure of City Funds. Seconded by Councit- man :Schueller. The amendment lost by the following vote: Yeas - Councilman Austin, Schueller. Nays-Mayor Kintzinger, Coun- cilman We4u. Absent-Councilman Kolb. Whereupon, Councilman Austin stated that he now wishes to with- draw his amendment. The original motion of :Councilman Welu was then put and carried by the fol- lowing vote: Yeas=Mayor Kintzinger, Coun- cilmen Austin, Schueller, Welu, Nays--None. Absent-Councilman Kobb. Mrs. Breithaupt addressed the Council asking Council to view the property located ~on Pear Street and known as West Hill Chapel in order that some action be taken to have the unsightly condition of this property taken care of also that the present condition creates a fire hazard. There being na further business Councilman Schueller moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Austin, Schueller, Welu. Nays-None. AbsentJCouncilman Kolb. J. J. SHEA, City Clerk Approved ..........................::....1955. Adopted ..................................1955, Councilmen ...................................... Attest :.............................................. 'City Clerk T Special Session, May 2nd, 1955 237 (OFFICIAL) Specia'1 Session, May 2nd, 1955. Board met at 11;00 P.M. Present-Chairman Charles A. Kintzinger, Messrs Ruben V. Aus- tin, Leo N, Schueller, Clarence P. We1u. A~bsent~Mr. Ray F. Kolb and Dr. A. J. Entringer. SPECIAL ORDER AND NOTICE FROM BOARD OF HEALTH To: Herman. W. and Leona B. Tappe; You are hereby notified that on the 7th day of April, 1955, the Local Board of Health for the City of Dwbuque adopted a resolution ordering you to abandon and re- move the outside water closet, pri- vy or private septic tank located upon the premises described there- in and tc clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and to have facilities and connect the same with said sewer, all of which to be done with thirty (30) days from the date of said res- olution, a copy of which is herein set out as follows; RESOLUTION N0. 124.55 Resolution of the Board of Health Be it resolved by the Board of Health of the City of Dubuque, Iowa that it is deemed necessary that Lot Number 2 of 1.1-1.1.1 Prysi Farm Sub, owned by Herman W. and Leona B. Tappe be connected with sanitary sewer; that the out- side water ,closet, privy or privy vault upon said premises be aban- doned and remove and said vault cleaned and that a sanitary toilet and toilet facilities'be installed and connections made with the sani- tary sewer. Be it further resolved that said Herman W. and Leona B. Tappe be notified to remove and abandon the outside water closet, privy or privy vault septic tank located upon the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be in- stalled and connections made with said sewer, all of which to be done within thirty (30) days from the date thereof. Be it further resolved that said Herman W. ~ Leona B. Tappe be notified of the action of this Board by the service of written notice together with a copy of this: reso- lution, Failure to comply with. the terms hereof within the time stated shall be fol'lowed' by prosecution or such other action as the Council or Board of Health may determine. Dated this 7th day of April, 1955. CHARLES. A. KINTZINGER Mayor Attest: J. J. SHEA, City Clerk You are further notified that prosecution wiR follow a failure to comply with this order and no- tice, or such. farther action will be taken as to the Council or Board of Health may seem proper. Signed: Albert J. Entringer Health Officer RETURN OF SERVICE' I, Arthur L. Miller,, do hereby certify that I served the attached notice upon H. H. and Leona B. Ta~ppe'by reading same to Leona B. Tappe and 'by giving Leona B, Tappe a correct copy thereof on the 16th day of April,. 1955. All done at the City of Dubuque, Iowa. Arthur J. Miller, Sanitary Inspector Health Department, Dwbuque, Iowa Subscribed and sworn to before me, a notary public of the State of Iowa in and for Dubuque Coun- ty, this. 18th day of April, 1955, Witness my hand seal. Mae A. Moore (Seal) Notary Public far Dubuque County, Iowa My commission expires July 4th, 1957. Mr, Clarence P. Welu moved that the Return of Service be received and made a matter of record. Sec- onded by Mr. Ruben V. Austin. Carried by the following vote; Yeas-Chairman Charles A. Kint- zinger, Messrs Ruben V. Austin, Leo N. Schueller, Clarence P, Welu. Nays-None. Absent-Mr. Ray F. Kolb, Dr. Al- bert J, Entringer. Iowa State Department of Health Public Health Engineering Paul J. Houser, M.S. Des Moines, Iowa T 238 Special Session, May 2nd, 1955 Apri126, 1955 Mrs, Mary M, Fuchs Fuchs Mobile Home Park 3201 Central Avenue Dubuque, Iowa Dear Mrs. Fuchs: A review of the records in this Department relating to your park shows that you were supplied with a set of Application for Renewal of License forms far your use in compliance with Section 3,3 of the Rules and Regulations Governing Licensing of Mobile Home Parks. We wish to remind you that these farms have not yet been received at this Department. Since the an• nual license period began on Janu- ary 1 and over three months have passed since that date, you should submit the completed forms promptly to this Department if you wish to oontinue operation of the park, If you have elected to discontinue your park, please noti- fy us by return mail so that your park can be removed from the de- linquent list. Please advise if this Department can Abe of assistance. Very truly yours, Division of Public Health Engineering G, L, Campbell Public Health Engineer Mr. Ruben V, Austin moved that the communication be received and made a matter of record, Seconded by Mr, Leo N. Schueller. Carried by the following vote; Yeas^Chairman Charles A. Kint-' zinger; Messrs. Ruben V. Austin, Leo N. Schueller, Clarence P. Welu, Nays-None. Absent-Mr. Ray F. Kolb, Dr. Albert J. Entringer. Iowa State Department of Health Public Health Engineering Paul J. Houser, M.S. Dos Moines, Iowa April 26, 1955 Mr, Ray Fleckenstein Healy Service 3275 Central Avenue Dubuque, Iowa -Dear Mr, Fleckenstein: A review of the records in this Department relating to your park shows that you were supplied with a set of Application for Renewal of License forms for your use in com- pliance with Section 3.3 of the Rules and Regulations Governing Licensing of Mobile Home Parks, We wish to remind you that these forms have not yet been received at this Department. Since the an• nual license period began on Jan• uary 1 and over three months have passed since that date, you should submit the completed forms promptly to this Department if you wish to continue operation of the park. If you have elected to dis- continue your park, please notify us by return mail so that your park can be removed from the delin- quent list. Please advise if this De- partment can be of assistance. Very truly yours, Division of Public Health Engineering ~C, L, Campbell Public Health Engineer Mr. Ruben V, Austin moved that the communication be received and made a matter of record. Seconded by Mr. Leo N, Schueller. Carried by the following vote: Yeas~Chairman Charles A. Kint- zinger, Messrs Ruben V. Austin, Leo N. Schueller, Clarence P. Welu, Nays None. Absent-~Mr. Ray F. Kolb, Dr. A]- bert J. Entringer. There being no further business Mr. Ruben V, Austin moved that the Board of Health meeting ad- journ, Seconded by Mr, Clarence P. We1u, Carried by the following vote: Yeas- Chairman Charles A, Kint- zinger, Messrs Ruben V. Austin, Leo N, Schueller, Clarence P. Welu. Nays-None. Absent-~Mr, Ray F. Kolb, Dr. Alibert J. Entringer. J, J, SHEA, Clerk, Board of Health Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1955. Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1955. Members of .................................... Bd. of Health ...............................:.... Attest; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Clerk, Board of Health Special Session, May23rd, 1955 239 ~, ~-- , ' ~ '1f r 1 r ~ G (OFFICIAL) Special Session, May 23rd, 1955. Council met at 7:30 P.M. Present - Mayor Kintzinger, Councilmen Austin, Kalb, Schuel- ler, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that service thereof had bean duly made and that this meet- ing is called far the purpose of considering bids submitted for the construction of a sanitary sewer in Bunker Hill Street, also for the Kaufmann Avenue and Asbury Road sanitary sewer and lift sta- tion with force main and acting on any other bbusiness as may properly come before a regular meeting of the City Council. Proof of publication certified to by the publishers, of notice to con- tractors of the receipt of proposals for the construction of sanitary sewer in Bunker Hill Street, pre- sented and read, Councilmen We'lu moved that proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Schueller, Kolb, Welu, Nays None. May 23, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instruction, sealed bids were received up to 10;00 A.M, on May 23rd, 1955 for the City of Dubuque Bunker Hill Street Sanitary Sewer, Attached is the tabulation of bids received. I recommend that the contract be awarded to Schueller & Com- pany of Dubuque, Iowa, who sub- mitted the lowest bid received which was 21.33% below the en• gineer's estimate, Respectfully submitted, 'L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager be approved. Seconded by Council- man Austin, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 14155 Whereas, sealed proposals have been submitted by contractors for the construction of an eight (8) inch sanitary sewer in Bunker Hill Street beginning at the existing manhole in Green Street to the South Property of Finley Street, pursuant to Resolution No. 133.55 and notate to bidders published in a newspaper. published in said City on May 5th, 1955 and May 6th, 1955; and Whereas, said sealed proposals were opened and read on May 23rd, 1955, and it has been determined that the bid of Schueller & Com- pany of Dubuque, Iowa in the amount of $2,025,48 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the Caty Coun• cil of the City of Dubuque that the contract for the. above men- tioned improvement be awarded to Schueller & Company and the Manager be and he is hereby direct- ed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. Be It Further Resolved, that upon the signing of said contract and the approval of the contractors bond the City Treasurer is author- ized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 23rd day of May, 1955. 'CHARLES A, KINTZLVGER Mayor CLARENCE P. WELU BRAY F. KOLB RUBEN V. AUSTL'V LEO N, SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• Gilman Austin, Kolb, Schueller, Welu. Nays-None. Proef of publication certified to by the publishers, of notice to bid- ders of the receipt of proposals for the construction of the Kauf- mann Avenue and Asbury Road 240 Special Session, May 23rd, 1955 Sanitary Sewer and Lift .Station, presented sand read.. Councilman Welu moved that proof of publica- tfan be received and filed. Second- . ed by :Councilman Kolb. Carried by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Kolb, .Schueller, Welu, Nays-None.. May 23, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instruction, sealed bids were received up to 10:fl0 A,M, on May 23rd, 1955 for the City of Dubuque I{aufmann Avenue and Asbury Road Sanitary Sewer and Lift :Station with force main which consists of 8", 10" and 12" Sanitary Sewer and Lift Station with 6" Cast Iron force main. At• tached is the tabulation of bids re• cefved, I recommend that the contract be awarded to Schueller & Com- pony of Dubuque, IotMa, who sub- mitted the lowest bid received which was 12.19% below the en- gineer's estimate. Respectfully submitted, L. J. SCHIhTZ, City :Manager LJS:Io Councilman Kolb moved that recommendation be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: I~ Yeas-dVIayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays---None. (Awarding Contract) RESOLUTION N0. 142.55 Whereas, sealed proposals have been submitted by contractors far the construction of Kaufmann Ave- rue & Asbury Road Sanitary Sewer and Lift Station with Force Main which consist of 8", 10" & 12" sani- tart' sewer and a Lift Station with 6" Cast Iron Force Main to serve Lots abutting .Kaufmann Avenue from West Property Line of Carter Road to 1300 feet west. West side of Carter Road from Lot 5 to Lot 1-10 all of .Highland Park Add., and from Lot 2 of John J. Rohners Place to Lot 1-2-2.2.1.2.1 of Highland Farm. Lindale Street, Kevindale Street, Karen Street. Woodlawn from North Property Line of Karen to South Property Line of Lindale Street. Asbury Road from West Property Line of Carter to West Corporation Limits of City of Dubuque, pursu- ant to Resolution No, 136.55 and notice to bidders published in a newspaper published in said City on May 5th, 1955 and May 6th, 1955; and Whereas, said sealed proposals were opened and read on May 23rd, 1955, and it has been determined that the bid of Schueller & Cam• pony of Dubuque, Iowa in the amount of $64,512,26 was the low- est bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Schuel- ler & Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work, Be It Further Resolved, that up- on the signing of said contract and the approval of the contractors bond the City Treasurer is author• ized and instructed to return the bid dep'asits of the unsuccessful bidders. ~isassed and adopted this 23rd day of May, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELD RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J, SHEA, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed Eby Councilman Welu, Carried by the :following vote: Yeas-Mayor Kintzinger, Coun- cilman Austin, Kolb, Schueller, Welu. Nays-None. Communication of J. E. Whelan, Attorney for Mary Huber, submit- ting Notice of Claim far Mary Hu- ber in an unstated amount for in• juries received in a fall on a de- fective sidewalk on the north side of 16th Street at 16th and Jackson T Special Session, 1VIay 23rd, 195 241 Streets, presented and read, Coun- cilman Austin moved that claim be referred to City Solicitor for inves• tfgation and report. Seconded by Councilman Schueller. Carried by the fallowing votes: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None, Communication of Mrs, Edith Gardner relative to damage done recently at her place at 1501 Elm Street to the chimney and side- walk when the city men were trim- ming the trees by the side of her home, presented and read, Coun- cilman Austin moved that matter be referred to the City Solicitor and Park Board far consideration and report, :Seconded 'by Council- man Kolb. Carried by the following votes; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of A, A. Meyer regarding damages to the Brede property at 1018 Iowa Street and asking that proper restitution be made, presented and read. Coun- eilm'an Austin mowed that matter be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kolb, Carried by the following votes: Yeas-Mayor Kintzinger, Coun- cilman Austin, Kolb, Schueller, Welu, Nays-None. To Honorable Mayor and CityCouncil Dubuque, Iowa Gentlemen: Due to circumstances beyond my control, I am unable to fulfill my duty and obligation as a member of the Planning and Zoning Com- mission and the Board of Adjust- ment, Therefore I hereby submit my resignation from same, I have been a member of both boards since their inception and the work to me has been a great pleasure. I have experienced the cooperation of members of the boards, the City Managers and City Councils and I take this step with great regrets, Sincerely, Louis C. Stoffregen Councilman Kolb moved that resignation be referred to City Council for further study. Resigna• tian accepted with regret and a letter of appreciation to be for- warded. Seconded by Councilman Schueller. Carried iby following votes; Yeas-Mayor Kintzinger, Coun- cilman Austin, Korb, Schueller, Welu. Nays-None. Communication of the Western Casualty and Surety Company the Western Fire Insurance Company, Fidelity and Surety Department, Kansas City, Missouri, submitting far filing the Power of Attorney for C. E, Mettel and A, J, Mfhm, presented and read, Councilman Kolb moved that communication become matter of record and Pow- er of Attorney placed on file. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilman Austin, Kolb, Schueller, Welu. Nays-None, Communication of P. J. Houser, Division of Public Health Engineer- ing, State Department of Health, Des Moines, Iowa, advising of ap- proval of revised plans for the con- struction of the upper terminal of the proposed gravel packed wells submitted by the Dubuque Water Department, presented and read. Councilman Austin moved that communication become a matter of record. Seconded by Councilman Kolb. Carried Eby the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None, Communication of P. J, House, Division of Public Health Engineer- ing, State Department of Health, Des Moines, Iowa, submitting ~per• mit 'for Asbury Road & Kaufman Avenue sanitary sewer, lift station and force main subject for certain conditions and requirements; pre• sented and read. Councilman Aus- tin moved that communication •be received and filed, Seconded by Councilman Kolb. Carried by the following vote: YeasJMayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Dubuque Trades and Labor Congress sub- 242 Special Session, May 23rd, 1955 mitting the name of George C. Kaufman to fill the unexpired term of William Markey on the Library Board, presented and read. Coun- cilman Schueller moved that Mr, Kaufman be appointed as a mem- ber of the Library Board for term expiring July 1, 1959. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of .Merlin and Ruth Daack and others requesting that St, Mary Street be paved with some type of asphalt or concrete from West Third to Emmett St., present- ed and read. Councilman Welu moved that plat and schedule be prepared covering request, Second- ed by'Councilman Kolb. Carried by the following vote: Yeas--Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu, p Nays~None. Petition of Dubuque Bank and Trust Company requesting that the restriction on the alley between Central Avenue and Iowa Street be- tween .13th and 14th Street as a one way alley be lifted, presented and read, Councilman Austin moved that the City Manager & Traffic Dept, make a study of the request. 'Seconded 'by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin; Kolb, Schueller, Welu. Nays-None, Petition of Dirksen Electric Company asking for a thirty day ex- tension of time for completion of their contract at the Swimming Pool, presented and read, Council- man Kolb moved that extension be granted. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, ~Sehueller, Wolu. Nays-None, Petition of Linehan & Molo re- questing an extension of time for completion of their contract at the Swimming Pool, ,presented and read. Councilman Austin moved that extension be granted, Second• ed 'by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None, Communication of United Pacific Insurance Company consenting to an extension of time far comple- tion of the contract of Linehan & Molo at the Swimming Pool, pre• sented and read. Councilman Aus- tin moved that communication be a matter of record. Seconded Eby Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of Dubuque County De- partment of Social Welfare request- ing that Harvey Oswald be granted a junking license without the pay ment of the license fee, presented and read. Councilman Schueller moved that request'be granted. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilman Austin, Kolb, Schueller; Welu. Nays-None, Petition of Schwietering & Wal- lis Agency requesting release of the sidewalk Construction Band of Elmer W. Riniker, presented and read, Mayor Kintzinger moved that the release be approved subject to completion of any work under construction and as to any claims which may be filed against the Bond. Seconded by Councilman Schueller, Carried by the follow ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of William M. Gasper and others requesting construction of a sanitary sewer in Esther, Tres- sa and River Ridge Streets, present- ed and read, Councilman Austin moved. that plat and schedule be prepared and property owners be notified of estimated cost, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None. T Special Session, May 23rd, 1955 243 Petition of Mrs. Alice Guns re- questing arefund in the amount of $100.00 on the unexpired por- tion of her Class "B" Beer Permit No. 119, presented and read, Coun- cilman Welu moved that refund be granted, and City Auditor instruct- ed to draw a warrant in the amount of $100.06 in favor of Mrs. Alice Guns, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kalb, Schueller, Welu, Nays-None, Petition of John J, Hansen re- questing arefund in the amount of $100.00 on the unexpired por- tion of his Class "B" Beer Permit No. 145, presented and read, Coun- cilman Welu moved that refund be granted, and the City Auditor be instructed to draw a warrant in the amount of $100,00 in favor of John J, Hansen. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. .Petition of Mr. and Mrs, Victor Helling and others requesting that a curb and gutter and some type of surfacing on Avoca Street between Rosedale and Seminary on 'the south side, presented. and read. Councilman Austin moved that the City Manager notify petitioners of contemplative plans and as to plac- ing oil on street to take care of dust condition. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilman Austin, Kolb, Schueller, Welu. Nays None. Petition bf Holy Ghost Church, Inc. requesting the vacation of West 29th Street from the westerly property line of Central Avenue to the westerly end of the street and to convey the vacated area to the church conporation, presented and read. 'Councilman Schueller moved that petition 'be referred to Plan• ning & Zoning Commission for rec- ommendation and report. Seconded by Councilman Welu, Carried by the following vote; Yeas~Mayor Kintzinger, Goun- cilmen Austin, Kolb, Schueller, Welu. Nays None. Petition of Erwin M, Grab and G. L, Kulander requesting that the alley between 1740 and 1750 Avoca Street be opened up for at least 150 feet, presented and read. Rules suspended to permit Larry Kuland• er to address the Council on this subject. Mayor Kintzinger moved that the City Council view the grounds. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None, Petition of Conlon Construction Co. requesting an extension of time till June 10, 1955 for completion of their contract for the construction of the new swimming pool, present- ed and read, Councilman Welu moved that extension be granted. Seconded by Councilman Kolb. Carried by the following vote: Yeas=Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None, Petition of Heitzman Construc- tion Co. requesting permission to excavate in the streets and alleys and enclosing a photostat of their liability policy, presented and read. Councilman Austin moved that per- mission be granted providing a proper excavation policy is filed for approval. Seconded by Councilman Welu, Carried ,'by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None. Renewal of Government Lease covering approximately 0.85 of an acre in Ham's Addition for a Naval Reserve Training'Center, presented and read. Councilman Welu moved that renewal of lease be made a matter of record, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None. Proof ofpublication Certified to by the publishers of a statement of receipts and also a list of claims for which warrants were drawn 244 Special Session, May 23rd, 1955 during the month of April, 1955, presented and read. Councilman Schueller moved that proof of pub- lication be received and filed. Sec- onded Eby Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Council Proceedings for the month of October, 1954 presented for approval. Councilman Welu moved that Council Proceedings for the month of October, 1994 be ap- proved as printed. Seconded by Councilman Kolb. Carried by the following vote; Yeas~Mayor Kintzinger, Coun- ci~lman Austin, Kolb, Schueller, Welu, Nays--None. May 13, 1955 To the Honorable Mayor, City Man• agar and City Council, Dubuque, Iowa. Gentlemen: With reference to attached peti- tion of Ella Nicks-QMrs. Peter Nicks) requesting rezoning of the area on east side of Alpine S't. from Langworthy to Solon Sts. to Multi- .. plc Residence Classification, .the Planning & Zoning Commission ex- amined this situation. Several oth- er houses in the neighborhood are large, one nonconforming 46 apartments to the north of Mrs. Nicks, the owner of another large house in the area having signed Mrs. Nicks petition, therefore the Commission sees a trend toward spitting these larger houses to apartments, therefore the Planning ~& Zoning Commission respectfully recommends to your honorable body the rezoning of this area, hats 4, 5, li, 7 and 8 Julia Lang- worthy Su'b. on the east side of Alpine between Langworthy Ave. & Solon St. to Multiple Residence Classification, Yours trttly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary. Councilman Welu, moved that recommendation of the Planning & Zoning Commission be confirmed and proper proceedings prepared. Seconded by Councilman Kolb. Car- ' ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. May 13, 1955: To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa. Gentlemen; The attached petition of Al. M. Schmidt, 1195 Loras Blvd., et, al., requesting rezoning to Local Busi- ness of an area on Loras Blvd, has been considered by the Commis- sion, When the new Zoning Regula- tions for Local Business Classifi- cation now in process is approved by your Honorable Body, the Plan- ning & Zoning Commission recom- mends rezoning from its present Single Family Residence District A Classification the following de- scri'bed area: Lot 2 of 2 of 1 of 1 af16;Lotlaf2ofloflafl6; and the easterly seventy five feet of Lot 2 of 2 of 1 of 16; all in Mount Pleasant Addition, (Loras Blvd. east. of Glen Oak StJ Respectfully submitted, The Dubuque Planning & Zoning Commission, By Richard V. McKay, Secretary. Councilman Welu moved that recommendation of Planning and Zoning Commission be confirmed and proper proceedings prepared. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. May 9, 1955. Han, Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen On January 14, 1955 Mrs. Ed- ward Kruser filed her claim against the City in the amount of $5,000 for damages resulting from a frac- tured hip sustained in a fall on an icy sidewalk December 29, 1954, I have investigated this claim and discussed the matter with Mrs. Kruser's attorneys and find that she sustained the injury alleged, which resulted in medical care, pain and suffering. She has agreed Ito accept $500.00 in full settlement of her claim and I recommend that this settlement be approved and the Auditor in• structed to issue a warrant, pay Special Session, May 23rd, 1955 245 able to Mrs. Christine Kruser in the amount of $500 and deliver the same upon receipt of a proper- ly executed release, Respectfully,. T. H. Nelson. Councilman Welu moved that recommendation of City Solicitor be confirmed and'the City Auditor instructed to draw a warrant in the amount of $500.00 in favor of Mrs. Edward Kruser. Seconded by Coun- cilman Kobb. Carried Eby the fol• lowing vote: Yeas--Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, and Welu. Nays-None; Hon. Mayor and Members of the iCity Council, City of Dubuque, Iowa. Gentlemen: 'Regarding the claim of Mrs. Ber- nadine Smith in the amount of $10,000 for injuries to her son James, I have investigated the claim and entered into correspon- dence with the olaimant's attor- ney. I find that on December 1st, 1954 James Smith, age 14, fell on .the icy sidewalk on Loras Boule- vard and fractured his left knee- cap. Iie has incurred hospital ex- penses of $190.00 and doctor bills of $320.00, i~n addition to loss of time and pain and suffering. Mrs. Smith's attorneys advise that they will accept $450.00 in full settlement of the claim, of which Loras College has agreed to con- tribute one hundred dollars. I recommend that this settlement be approved and the Auditor in- structed to issue a warrant pay- able to Bernadine Smith, parent and natural guardian for James D. Smith, a minor, in the amount of $350.000, and deliver the same up- on receipt of a satisfactory exe- cuted release: Respectfully, T. H. Nelson. Councilman Austin moved that recommendation of 'City Solicitor be approved and the City Auditor instructed to draw a warrant in the amount of $350.00 in favor of Bernadine Smith, parent and na- tural guardian for James 'D. Smith, a minor. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolib, Schueller and Welu. Nays-~PTone. May 5th, 1955. Hon. Mayor and Members of the City Council, City of Dulbuque, Powa. Gentlemen: The claim of Loretta McClain for damages was referred to this office for investigation and report. I have investigated the claim and find that the claimant sustained a fractured right patella as the re- sult of a defect in the sidewalk near the intersection of Ninth Street and Central Avenue, and sustained substantial damages, in- cluding medical expenses, hospital expenses, loss of work and pain and suffering, I have discussed this claim with her attorney and he has agreed to accept $750.00 in fwll settlement of the claim. I recommend that this settlement be approved and the Auditor in- strwcted bo issue a warrant in the amount of $750.00, payable to Lor- etta McClain and Louis F. Fautseh, her attorney and deliver the same upon receipt of a satisfactory re- lease. There is no abutting proper- ty involved in this case. Respectfully submitted, T. H. Nelson. Councilman Welu moved that the recommendation of City Solicitor be approved and the City Auditor instructed to draw a warrant in the amount of $'150.00, payable to Lor- etta McClain and :Louis Fautsch, her attorney. Seconded by Council- man Austin. Carried'by the follow- ing vote: Yeas-,Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller and Welu. Nays~None. May 12, 1955. To .the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April as well as list of claims and list of payrolls far which warrants were issued for the month of April, 1955, Respectfully submitted, L. J. Schiltz, City Manager, 246 Special Session, May 23rd, 1955 Councilman Welu moved that re- ports Ibe received and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas~Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller and Welu. Nays-None. May 23, 1955. To the Honorable Mayor and City Council, ` Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and desire to have your approval on same for filing, subject to the ap- prbval of the City Solicitor: Sidewalk William R, Kennedy, Western Sure- ', ty Company. Valley Roofing Company,' Mer- chants Mutual Bonding Co. John G. Schiltz (Schiltz Construc- tion Co.), American Automobile Insurance Co, Taxicab Black & White, Yellow ~ Checlter Cab Co., Policy No, GAC 3.12467, Fireman's Fund Indemnity Com- pany. Excavation A, Fondell & Sons, Policy No. MCS 333498, U, S. Fidelity and Guar• anty Co, Andrew Fondell, Bon. No. 2321413 1006 52, U. S. Fidelity and Guar- .. anty Co, Respectfully submitted, L, J. Schiltz; City Manager. Councilman Welu moved that bonds and policy be placed on file subject to approval of the City So- licitor. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- ' cilman Austin, Kolb, Schueller and Welu, Nays-None. May 18, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; In accordance with Ordinance No. 2-55, an application has been received for a Restricted Plumbers License from the Interstate Power Company for J. W. Norton and the Brunswick Industrial Block for E, H, Werner, The City Plumbing Inspector has made an investigation of these re- quests and find that ;they comply with the requirements set up un- der Section 12A of the Ordinance. I recommend that the •City Coun- cil authorize the issuance of a Re- stricted Plumbers License and di- rect the City Plumbing Inspector to issue such license to the appli- cants, Respectfully submitted, L, J, Schiltz,_. City Manager. Councilman Kolb moved that recommendation of City Manager be approved, Seconded by Coun- cilman Welu. Carried by the 801- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller and Weiu, Nays-None. May 18, 1955, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Upon an investigation of the Electrical Inspector of the street lighting condition on Marian Street west of Concord Street; it was de- termined that a street light was necessary. It is recommended that a light be installed on Pole No, 207.8840 on Marian Street between Concord Street and Cherokee Drive, Respectfully submitted,' ' L, J. Schiltz, City Manager. Councilman Schuller moved that recommendation of City Manager be approved. Seconded by Coun- cilman Austin, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller and Welu, Nays-None, .May 18, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, The petition of Emma Young and others requesting the instal- lation of a street light at the cor- ner of Primrose and Muscatine Streets was referred to .the City Manager and Electrical Inspector far investigation and report. It is recommended that a street light be installed at the location petitioned for. Respectfully submitted, L, J, Schiltz, City Manager.. I Special Session, May 23rd, 1955 247 Councilman Schueller move d that recommmendation of City Manager'be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kalb, Schueller and Welu, Nays-None, May 18, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Burt Atkinson and others requesting a street light at the end of the 2900 block on Muscatine Street was referred to the City Manager and Electrical Inspector for recommendation and report. Upon investigation it was found that it would be desirable to erect a street light at the loca- tion petitioned for and it is rec- ommended that the light requested for be approved, Respectfully submitted, L, J. Schiltz, City Manager. Councilman Schueller move d that recommendation of City Man- ager be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller and Welu, Nays--None. May 18, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa; Gentlemen: Upon investigation of a com- plaint received regarding a street light at the intersection of 10th and Jackson Streets, it was found that there was no installatin at this intersection, Because of the fact that freight cars are parked in the middle of the street and the fact that this is an area where street lights are located at .each intersection, I rec- ommend that a light be installed at the intersection of 10th and- Jack- son Streets. Respectfully submitted; L, J. Schiltz, City Manager, Councilman Schueller move d that reco~mnendation of City Man- ager 'be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolib, Schueller and Welu. Nays~None. May 18, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Leo A, Heitz, 667 Levi Street and Henry Haas, 655 Levi Street requesting per- mission to erect a retaining wall eight feet from the curb was re- ferred to the Council to view the grounds, After viewing the grounds, it is the opinion of the Council that the erection of this retaining wall would not in any way interfer with the street and approve the erec- tion of such wall, If in the future the city finds it necessary to use the full width of Levi Street, the property owners will remove the wall upon notifi- cation of the City and at their own expense. I recommend that the decision of the Council be confirmed. Respectfully submitted, L, J. Schiltz, City Manager, Councilman Welu moved that recommendation of City Manager be approved and made a matter of record, and City Solicitor be in- structed to prepare proper pro- ceedings. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller and Welu. Nays-None. May 18, 1955:' To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The :petition of J. M. Winter and {others requesting the opening of the first alley west of Gandolfo Street from Lombard Street to St. Joseph's Street was referred to the City Council to view the grounds. Tt was decided by the City Coun- cil upon viewing the grounds that a survey be made of this alley establishing a temporary grade to determine if any of the property owners would object to the grade thus established. 248 Special Session, May 23rd, 1955 If there is no objection to the alley as located '.by the Engineer- ing Department the city will ,pro- ceed to open the alley as soon as sufficient fill material is available. I recommend that the decision of the ,Council be confirmed, Respectfully submitted, L, J. Schiltz, City Manager. Councilman Welu moved that recommendation of City Manager be approved. Seconded by Council- man Kolb. Carried. by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilrnen Austin, Kotb, Sehueller and Welu. Nays-None, May 14, 1955, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: During the past year the City has experienced difficulty confining the operation of junk yards and car wrecking companies. to their own premises, Streets have been occupied and sidewalks have been partially blocked, causing a hazard to both pedestrian and vehicle traf- fic, Repeated requests to clean these areas work for a short time, then soozt the same conditions exist, Therefore, it appears that in or- der to definitely remedy this con- tinual nuisance certain conditions will have to Abe provided and I rec- ommend that an ordinance be pre• pared requiring those conducting a business of wrecking cars or con• ducting a junk yard be required to enclose their yard wtih a metal fence of at least eight feet in heighth, Respectfully submitted, L. J. Schiltz, City Manager. 'Councilman Welu moved that the recommendation of City Manager be approved, and Citq Solicitor be instructed to prepare an Ordinance as recommended. Seconded by Councilman Kollb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Sehueller and Welu, Nays-None, May 23, 1955. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: In accordance with Section 3 .of Ordinance 21.55, the City Manager shall with the consent and approval of the City Council appoint a Board of Plumbing Examiners, one of whom shall be a Journeyman Plumlber, one a Master Plumber and ere a member of the local Board of Health, I hereby appoint the following for a term of three years subject to your honorable body's approval: George McCarter, Master Plumb• er, Adrian Swift, J o u r n e y m a n Plumber. C. P. Welu, member of local Board of Health, Respectfully submitted, L, J, Schiltz, City Manager, Councilman Sehueller m'o v e d that appointments be approved, Seconded ;by Mayor Kintzinger. Car• ried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Sehueller and Welu. Nays-None, Resolution No. 143-55 Whereas the City Council of the City of Dubuque has received nu• merous petitions requesting a pro- clamation sponsoring Daylight Sav- ing Time for the City of Dubuque; and Whereas, the City Council has also received numerous petitions opposing such action; and Whereas, under the law as pres- ently understood Eby the City Coun- cil it has neither the power to establish the official standard of time for the community nor to expend public funds to ascertain the true desire of the voting public in the matter; and Whereas, under the ruling of the Supreme Court of Iowa in Jones ;vs. German Insurance Co,, 110 Iowa !75, "mean solar time" or "sun time" is the official standard of time in Iowa; and Whereas, "mean solar time" or "sun: time" does not appear to be observed anyyfhere in Iowa and in- struments for ascertaining the same are not in common use; and Special Session, May 23rd, 1955 249 Whereas, the power tc establish standards of time is vested in the Legislature; NOW THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the arguments supporting and opposing Daylight Saving Time be forwarded to the Legislative Research Committee of 'Iowa for their information and con• deration; .Section 2. That the Legislature of the State of Iowa be requested to enact the following legislation: a, Establishing an official stan• lard of time in Iowa; b, Relieving municipalities from the recurrent problem of day- light saving time by either: (1) Adopting 'Statewide Day light Saving Time; (2) Expressly prohibiting mu• nicipalities from taking ac• tion in the matter; or (3) Providing for local option an the standard of time 'to the observed; Section 3. That certified copies of this Resolution be sent to the Legislative Research Committee of Iowa and the Governor of Iowa. Passed, adopted and approved this 23rd day of May, A. D. 1955. CHARLES A, KINTZINGER, Mayor. CLARENCE P, WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. ~Ceuncilman Austin moved the adoption of the resolution. Second- ed by Councilmap Welu. Carried by the following vote: Yeas Mayor Kintzinger, Coun• cilmen Austin, Kalb, Sehueller and Welu. Nays-None, RESOLUTION N0. 144-55 BE IT RESOLVED Eby the City Council of the City of Dubuque that the. following, having com- plied with the previsions 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 and the Manager is directed to issue such permit on behalf of said City. Name Address Wardle Hartshorn-399 E, 20th St. Fred Anse1......,,,.,,600 Central Ave, Jahn E, Be11,,..,..,,,,,236 W, First St, Charles E. Kritz (Smith Oil Co.) ........................901 Rhomberg Ave, BE IT FURTHER RESOLVED that the bonds filed with the ap• plications be approved, Passed, adopted and approved this 23rd day of May, 1955. CHARLES A. K'INTZINGER, Mayor. CLARENGE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, 'LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Welu, Carried by the following vote; Yeas: Mayor Kintzinger, C'oun• cilmen Austin, Kolb, Sehueller and Welu. Nays-~Nono, RESOLUTION N0. 145.55 Whereas, applications for Beer Permits have been submitted to this Council ,for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol• lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Wardle Hartshorn, 399 East 20th Street Harry N. Gantert and Lucile Gan- tent, 1301 Rhomberg Avenue Noah McNamer, 216 West 1st Street Leo F, Link, 1487 Central Avenue Paul Schollmeyer, 176 Locust Street Lloyd A, Dalsing, 1555 So. Grand view Avenue Fred Ansel, 600 Central Avenue Peter Schwartz, 574 East 16th Street John E. Bell, 236 West 1st Street Clara M. Reuter, 3050 Asbury Street CLASS "B" PERMIT FOR PRIVATE CLUB Knights of Columbus, 781 Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street 250 Special Session, 17ay 23rd, 1955 CLASS "C" PERMIT The Kroger Co., 270 West 7th Street R. Daniel Winders, 2204 Central Avenue Earl T, Avery, 1602 Lincoln Avenue Passed, adopted and approved this 23rd day of May, 1955, CHARLES A. KINTZLNGER Mayor CLARENCE P, WELU RAY F. KOLB RUBEN V, AUSTIN LEO N.SCHUELLER Councilmen Attest: J. J. SHEA, City Clerlc Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 148-35 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed proper bonds; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named appli- cants aBeer Permit. CLASS "B" PERMIT Wardie Hartshorn, 399 East 20th .Street Harry 'N. Gantert and Lucile Gan- tert, 1301 Rhomberg Avenue Noah McNamer, 216 West 1st Street Leo F, Link, 1487 Central Avenue Paul Scholhneyer, 176 Locust Street Lloyd A. Dalsing, 1555 So. Grand- view Avenue Fred Ansel, B00 Central Avenue Peter Schwartz, 574 East 16th Street John E. Bell, 236 West 1st Street Clara M. Reuter, 3050 Asbury Street CLASS "B" PERMIT POR PRIVATE CLUB Knights of Columbus, 781 Locust Street Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" PERMIT The Kroger Co,, 270 West 7th Street R. Daniel Winders, 2204 Central Avenue Earl T. Avery, 1602 Lincoln Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 23rd day of May, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Atest: J, J. SHEA, City Clerk: Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Kolb, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None, Councilman Schueller moved that a letter of condolence be forwarded to Mrs. William Markey on the death of her husband; a member of the Library Board of Trustees. Sec- onded by Councilman Austin, Car- ried by the following vote:. Yeas-Mayor Kintzinger, Coun- cihnen Austin, Kolb, Schueller, Welu, Nays-None. Communication of Local No. 228 City Employees requesting a meet- ing with the City Council for the purpose of discussing conditions of employment of the City Employees of Dubuque. Councilman Schueller moved that City Manager arrange for a mezting as requested. Second-" ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller; Welu, Nays-None, Report of Eugene Lang, consult- ant on gas rate schedules. Council- man Welu moved that communica- tion on rates be received and filed. Seconded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Kintzinger; Coun• cilmen Austin, Kolb, Schueller; Welu, Nays-None, There being no further business Councilman Welu moved to ad- i Special Session, May 23rd, 1955 251 journ, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J, SHEA, City Clerk Approved ..................................1955 Adopted ....................................1955 Councilmen: 3 .................................... Attest : .................................................. City Clerk