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1955 June Council ProceedingsRegular Session, June 6, 1955 2S3 ~,, ~- ~ ; ~- ~ ~ f~ ~ ; °i ~i adding a new Artiole VA thereto as ~, ~~ ~~ '~ li ~il ,~ 1~ : hillatvs; ~ L ~ ~ 7~~``~'~'~~l I(_t ~ "ARTICLE VA LOCAL BUSINES:1 DISTRICT A" iOFFICIAL) ~ Section t. IIse Regulations Reg'Ular SCSS1Ori, ,TUne 6, 1955. No building or premises shall 6e ~~ used and no building or structure COUIIClI met at 7:39 P.M. shall be erected or altered to be used Present - Mayor I{intzinger, ttl who]e or in part, unless other- wise provided for in this ordinance, Councilmen Austin, Kolb, Sehuel- except for the following purposes; ler,.Welu, City Manager Schiltz. (a) Usea permitted to a Multiple .Residence District. Mayor Kintzinger stated that this (b> Retail store except those re- is the regular monthly meeting of -tail atnres engaged In a business laereinafter specifically mentioned in the City. Connell for the purpose of a. lower zoning Classification, acting upon such business a5 may (°) Professional office building for physicians, surgeons, dentists, arch- properly come before the meeting. icects,, attorneys or similar proles: Mayor Kintzinger moved that A. lions. (d) Bank or financial institutions, L, Holscher be appointed City (e> storage garage. Clerk, Pro Tem, SCCOllded by COUn• (f) Personal Service Establishments. (h) Sign Boards and electric signs, Cllmari WeIU. Carried by the fO1- indicating the name and character lOwing Vote: ' of business h'ansacted or profession practiced on the premises, attached ~~ Yeas-Mayor, Kintzinger, Coun- to the building or structure, but net Cllmeri Austin, Kolb, SChUe11Or, (sjifeet the efi~oni~ or pC jecting ~to e WeIU, than eight (S) feet above the roof. Nays-None. Section 2. Height Regulations Pl'OOf Of pUbllCatlOri C01'tlfled tO No building shall be erected or ~ altered to exoeed in height thirty ($0) by the pUb115heT5, Of N0t1Ce Of hear- feet. Unoccupied towers, spired and in on Ordinance No. 25.55, An `i°mes are excepted, g section S. Area Regulations OrdlnanCC amending Ordinance No. No building shall. be erected or al- EE 3.34 known as the Zonln Ordi- terea except in conformance with the g following provisions: Hance, presented and Toad, COURClI- (a) Front Yard. A front yard having a mean depth of not leas than fifteen man Welu moved that proof of pub- (16) feet is required on every loc. lication be received and filed, Sec- «Then a lot is used in whole or in part for business purposes there shall onded by Councilman Kolb. Car• be provided next to the building front Tied by the following vote: a public siaecvallc not less than five (5) feet in width and connected with ~ Yeas-Mayor Kintzinger, Coun- aaiacent sidewalks, and a parking CllmOn AUStIn, Kolb, SChUOller, space for motor vehicles behvaeu WeIU, such sidewallc and the street line. i' directlyaraccessbleCefrom11the treet Nays-None, for its entire length, ORiaBNANCE N0, 25.55 (h) side Yards. On every tot used An Ordinance amendin Ordi• exolustvely .for residential purposes g side yards are required each with s Hance No. 3.34 known as the Zon- a inlnlmum width of four (¢) feet in Ordinance b re call Article and such side yards shah be increased ~~~~ g Y P ric° in width by one (1) foot for each V thereof and enacting new Arti- aaaitional story above the first. on eles VA and VB; and amendin a corner lot used for business pur- g poses the side yard adiacent to the Article X thereof by adding defi- side street shall be a minimum of nitions of "Drive In" and "Drive fou" (~) feet in width. (c) Rear Yards. A rear ,vard is III Restaurants."; said ordinance required on every lot which shall be haVlri been aSSOd U On first read- oP a mean depth of not less than ten g p p (10) feet and shall be increases by ing on April 25, 1955, and ordered two (2) feet far each aaaitional story ~~ above the first placed on file far public inspection (a) Com•ts. Ali oourta in redidential ;' far at least one week before final structures shau conform to the re- `, adoption, was presented for final ofiiiot~a~tsc u; s° o~uofiterDthansees ad0pt1On, idential structures shall he governed by Hte Building Code of the City ORDINANCE ND, 25.55 of Dubuque. An Ordinanco amending Ordinance (e) Lot Area Per Family. No dtvell- No, 3-34 Irnnwn as the Zoning Ord. ing. shall be erected or placed on a finance by repea]ing Article Vthere- lot containing less than the following i VB; and, amending Article X thereof minimum lot area per family:. of and enacting new Articles VA and One family dwelling-five thousand by adding definitions of 'Drive-In" (5000) square feet, and "Drive-In Restaurants.' Two family dwelling-one thousand Ba It Ordained By the City Coun- trvo hundred and fifty (1250) square oil of the City of Dubuque, Iowa feet. per family. Section 1. That Article V oP Ordin- Apartment house-one thousand once No. 3.34 known as ',he "Zon- two htmdred and fifty (1250) square ing Ordinance" he and the same la feet par family. hereby repealed. Nothing in the area regulations of Section 2. That Ordinance No, 3-3<I this ordinance relating to lot area known as the Zoning Ordinance be per family ahal] be held to prohibit and the same is hereby amended by ' the erection of a one family dwelling .r..... , 254 Regular Session, June. 6, 1955 upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held under separate ownership from the adjacent lots and a record plat of Iota or subdivision pf property shows ouch lot to be separate and distinct at the time oY the passage of this ordinance, Adjacent lots held by the name owner at time of passage of this ordinance shall be replaced to provide the re- quired lot area per family before any littilding is erected or placed thereon. Section 4. Accessory Uses (a) Rear Yard Area Occupiable by Accessary Uses. Accessory buildings may occupy not to exceed forty (40) per cent of the area of the rear yard. (b) Private Garages.. A Private garage not exceeding fifteen (15) feet in height may provide storage [or not more than four (4) motor vehicles. (c) Location of Accessory Buildings, No part. of any accessory building shall be nearer than thirty (30) feet to any front street line or nearer than three (3) feet to any side ar rear lot line, except that a private ^arage may be incorporated in a }iuilding in which case the building side yard clearance shall prevail. In the case of a corner lot any separate accessory building shalt not be near er to the side street line than ten (10) feet. Section 3. That Ordinance No. 3-34 known as the Zoning Ordinance Be and the same is hereby amended by adding a new Article VB thereto as follows: ".9RTICLE VB LOCAL BUSINESS DISTRICT B" Section 1. Uae Regulations No building or premises shall be used and no bonding or structure shall be erected or altered to be used in whole or in part, unless otherwise provided for In this ordinance,, except far the following purposes: (a) Uses permitted in a Locai Business District A, (b) Office building. (c) Restaurant, Drive-in, Drive.in restaurant, cafe, cafeteria, tavern. (d) Moving picture theater, dance school to(Ar feleaYX (d) line station (subject (f) Public garage for the sale, servicing or repair of molar vehtclea (subject to Article IX (d). (g) Funeral home or mortuary. (h) Trailer Parks provided the same are designed, constructed and main- tained in accordance with Article IX hereof (i) Trailer Sales Lots. Auto Sales LOta. Section 2, Height Regulations No building shall be erected or altered to exceed in height forty (40) feet unless it seta hack from each street and lot line, in addition to the yard requirements, one (1) foot for each one foot of excess height. No building shall exceed in height the width of the widest street upon which the ,lot abutts. Unoccupied towers spires and domes are except- ed. Section 3, Area 'Regulations The area regulations for Locai L'usineas District A shall apply. Section 4. Accessory Uses Accessory uses permitted [n Local Business District A shall apply.. Section 4. That Article X of Ord- inance No. 3.34 known as the Zon- ing Ordnance be and th@ same is hereby amended by adding thereto the following definitions: Drive•In. The term .Drive-ln. where used In thin- Ordinance, shall mean, a bueinesa eateriag to fhe motoring public, whether also serving pedestrians or not, which Is engaged in the rotas sale oP goods or services and provides curb or window-coun- L0C aeTV1Ce. Drive-In Restaurant. The term Drive-In Restaurant, where used in this ordinance, shall mean an estab. lishment engaged In the sale of food or beverages which, as a part of its regular business, provides service to patrons seated in motor vehicles on the premises ar in the street adja- cent thereto. Section 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 25th day of Aprii. crate days suspended by unanimous Passed adopted and approved this A. L. HOLSCHER, City Clerk, Pro Tem Published officially in the Tele- graph Herald Newspaper this 13th day of Jnne, 1956. Attest: A. L. HOLSCHER Clerk, Pro Tem' 1t June 13 Councilman Welu moved the adoption of the ordinance, Sec• ended by Councilman Kolb• Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of Notice of hear ing on Ordinance No. 27.55, An Or- dinance amending Ordinance No. 3.34 known as the Zoning Ordi• nonce. Presented and read, Coun- cilman Kolb moved that proof of publication be received and 'filed, Seconded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 27.55 Ordinance amending the Zoning Map and Zoning Ordinance known as Ordinance No, 3.34 by changing the Zoning Classification of all area now zoned as Local Business Districts, " said ordinance having been passed upon first reading on April 25, 1955, and ordered placed on file for public inspection for at least one week before final adop• tins, was presented for final adop- tion. ORDINANCE N0. 27.55 An Ordinanen amending the Zoning t1'iap and Zoning Ordinance known as Ordinance No. 3.34 by changing the Zoning ClassiPlcatlen of all area now zoned as Local Business Dis- tricts. Be it ordained by the City Council of the City of Dubuque, Iowa: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same la hereby amended by changing the following Ttegular Session, June 6, 1955 255 described areas from Local Business District Classification to Local Buai- naea Distr@t A Classification, to-wit: (a) The ono halt block bounded by tvlndsor Avenue on the east, Clin- ton Street on the south, the alley between Windsor Avenue and Queen Street on the went, and Queen Street extension on the north, (b) Lots 106, 107, 108, 109 and 110 in Burden and Lowther Addition to the Clty of Dubuque, Iowa, (Grove- land Street at Sheridan Streot). (c) Lots 53 and 54, McDaniels Park Hill Addition on Muscatine Street and Lota 73 and 74 McDaniels Parlc Hil] Addition on Burlington .Streot. (d) Luts 26 and 27 J. P. Schroedera Addition, Lote 3 and 4 J. P, Porters Addition and the area bounded as follows, beginning at a point on the west side of Harold Street one hun- dred feet north of the north line of Seminary Street, thence west and parallel to the north lino of Sem- inary StreeE to the west line of Lot Six Littleton and Sawyers Addition, thence south along the west line of Lot Six Littleton and Sawyers Ad- dition to and across Seminary Street, thence south along the west line of Lot 67 Littleton and Sawyers Addi- tion to a point one hundred feet south of the south line of Seminary Street, thence east along a line one hundred feet south and parallel to the south line of Seminary Street to the west line of Lot 2 J. P. Porters Addition, thence northerly along the weal line of Lot 2 of J. P, Porters Addition to the south line of Seminary Street, thence across Seminary Street to the east 'line oP Harold Street, thence north along the east lino of Harald Street to one hundred feet north of the north line of Seminary Street, thence weal across Harold Street to a,point one hundred feet north oP the north line of Seminary Street which is the paint of beginning. (e) Lots 1 and 2 Columbia Addi- tion and the area described as fol- lo}vs, beginning at a point where the southerly lino of Mt. Loretta extended westerly would intersect with the easterly line of Bryant Street, thence westerly at a right angle to the westerly line of Bryant Street across parts of Lots Z and 1 Sub. of Mineral Lot 47 to the easterly line of South Grandview Avenue, thence southerly along the easterly line of South Grandview Avenue to the intersec- tion of the west line of Bryant Street, thence northerly along the westerly lino oP Bryant Street to the point of beginning. (f) The southerly one hundred feet uY Lots 4 and 2 of 6 Hughes Sub., the southerly hundred feet of Lot 1 of 7 Motor Sub., all of Lots 1 and 2 Loetscher and Truebs Sub., Lot 1 of G of Lot 12 of Mineral Lot 172, Lot 1 of 1 of Morheiser Sub., Lota 1 of 'l0 and 2 of 20, Reches Sub.; Lut 5 of Hodges Sub., Lot 1 of 2 of 1 of 2 of 1 and I,ot 2 of 2 of 1 and Lot 2 of 2 of 2 of 1, Boxleiters Sub., and Lot 1 of Sidonia Hosford's Sub. (Grandview Avenue and Delhi Street). Section 2. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing the following described area from Local Business District Classification to -Multiple Residence Distriot Classification, to- wit: Lots 22, 23, 24, 25, 26, 27, 26, 29, 3Q 37, and 32 Wm. Blakos Addition, Lots 24C, 25B, and 26B in A. P. 1Voods Addition and that part of Mineral Lot 192 not included in Blakea Addition. Section 3. That the Zoning .Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing the following described area from Local Buslnesa District Classification to Two Fam- ily Residence District Classification, CO-wit; Lots 92, 115, 118, 118, 119, 121, 122 and 123 Burden and Lawthers Addi- tion, Section 4. That, except as provid- ed in Section 1, 2 and 3 hereof, 'the Zoning Map. and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by chang- ing all areas now Classified as Local Buaineps Districts to Local Buei• news District B Clasaifioation. Scotian 5. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 25th day oP April, 1955. Rule requiring reading on three separate days suspended by unani- mous vote the 25th day of April, 1966. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KINTZINGER Mayor CliARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: A. L. Holscher City Clerk, Pro Tem Published otficlally in The Tele- graph-Herald Newspaper this 13th day of June, 1955. A. L. HOLSCHER It 6-13 Clty Clerk, Pro Tem Councilmen Councilman Welu moved the adoption of the ordinance, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kalb, Schueller, Welu. Nays-None. Mayor Kintzinger moved that a public hearing be held on the 27th day of June, 1955 at 7,30 P,M. fn the Council Chamber, on an Ordi• nonce amending the zoning map and Zoning Ordinance known as Ordinance No. 3.34 by changing the Zoning Classification of Lot 2 of 2of1of1of16;Lotlof2of1ofl of 18; and the easterly 75 feet of Lot 2 of 2 of 1 of 16 all in Mount Pleasant Addition, from its present Single Family Residence "'District Classification to Locai• Business Distriot 'A, Classification, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays.-None. Petition of Robert Tegeler, Jap Price; Raymond Fessler, Elmer W. Leslein, Joe Giunta and Aon J. An• i~ 256 Regular Session, June 6, 1955 thony, that a new curb be in- stalled on both sides of Garfield Ave, in the 1800 black before Gar- field Ave. resurfacing process be- gins, presented and read. Council- man Schueller moved that plats and Schedules be prepared. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu• Nays-None. May 27, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A request has been submitted to the City Manager asking that a street light be .installed on 32nd Street between Jackson and the railroad viaduct. Because of the number of vehi- cles parked along this street and the amount of traffic on 32nd Street, I recommend that a street light be installed approximately half way between Jackson Street and West 32nd Street and the via- duct, on 32nd Street, Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Kolb. moved that recommendation be approved. Sec- onded by Councilman Welu. Carried by the following veto: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays--JNone, 1805 Audubon Street Dubuque, Iowa June 4, 1955 The City Council of Dubuque, City Hall .Dubuque, Iowa Gentlemen: It is with profound .regret that I submit ray resignation as an elect- ed member of the City Councit of Dubuque, It has been a unique prix ilege and honor to serve in this body since 1950, and to have been honored by the mayorship in 1953. My deepest appreciation is con- veyed to the citizens of Dubuque for the opportunity to serve in this capacity during a period when sig- nificant changes. and progress, I feel,- have been made, This move is prompted by the opportunities afforded to me and my family in my field of profes- sional endeavors. As a member of the Staff of Michigan State College I shall be associated with the Divi- sion of Business and Public Service. Our projected plans call for our leaving our loved home town by the end of August, Your honorable body therefore can be guided in your decision of replacement ac- cording to the best interests of all of the residents of our ,city. I shall be glad to serve in my present ca- pacity, if desired, to the period in• dicated or to any date prior to that which will enable our munici- pal government to function in the best manner possible. Respectfully yours, Ruben V• Austin Councilman Schueller moved that resignation be accepted with re- gret. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None. Communication of Francis J, Dia- mond for the Fighting Back Chap- ter No, 6 of the Disabled Ameri- can Veterans asking for permission to have their annual For-Get•Me- Not sale on Saturday and Monday the 10th and 12th of September, 1955, presented `and read. Council• man Kolb moved that permission be granted providing no conflicting dates existed• Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-NYayor Kintzinger, Coun- cilmen Austin, I{olb, Sohueller, Welu. Nays-None. Communication , of Dubuque Ju- nior Chamber of Commerce stat- ing that due to the absence of one of the councilmen for some months, the Junior Chamber of Commerce feels a corrective measure should be enacted as the resulting condi- tion is not in their opinion for the .best interests of the City, presented and read, Councilman Welu moved that matter be referred to the City Solicitor, Seconded by Councilman Kolb, Carried by the following vote:. Regular Session, Jurre 6, 1'955 '257 peas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu• Nays-None. Communication of Mrs Peter N. Nicks and Jeannette Nicks Valenti expressing appreciation for the ac• tion taken by the City Council in connection with rezoning of the Al- pine Street block in which they live, presented and read. Councl- man Welu moved that communica- tion be received and filed• Second- ed Dy Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Caun• oilmen Austin, I{olb, Schueller, Welu, Nays-None. Letter of appreciation of the 8th grade class of Washington Junior High School thanking the Council for their cooperation in helping the students understand the general routine of a regular meeting, pre• sented and read. Councilman Schueller moved that letter be re• ceived and filed, Seconded by Coun• cllman Austin. Carried by the £ol• lowing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. May 31; 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The terms of the following per- sons'serving as members of Boards have expired; J. H• Schiltz-Board of Zoning Ad- justment George .Murphy-Airport Zoning. Commission Louis. Stoffregen-Planning & Zon- ing Commission Very truly yours, L, J. Schiltz, City Manager.. LJSao Councilman Welu moved that. the matter be referred to the City. Council for further study. Seconded by Councilman Schueller. Carried: by the following vote, Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. mays-None, Dubuque, Iowa June 6, 1955 ~Ifonorable Mayor and Members •of the City Council City of Dubuque, Iowa Gentleman: In accordance with the provisions of the Code of Iowa, 1954, the Civil Service Commission conducted an entrance examination on April 26th; 1955 for those seeking posi bons on the Police Department, The following are the names of those who passed bath the written and physical examihation and their names are hereby certified for ap• pointments on the Police Depart- ment. Robert L, Gulick ...,.....'............95~i% Roger V. O'Brien ...................94 % Merle P, Koch .........................93 % William L. Basten ......:..........90 % Joseph F. Miller ...................... 89 % Ambrose A. Graver, Jr........82 Eugene A. Schueller ............75~Z% Respectfully submitted, J. A, Carew Chairman. E. B. Lyons Louis J• Lagen Members, Civil Service Commission Attest; A, L, Holscher Clerk Pro Tem Subscribed and sworn to before me; a Notary Public, this 6th day of June- 1955, John J, Dolan Notary Public SEAL Councilman Austin moved that the report be received and made a matter of record. Seconded by Cotmcilman Kolb. Carried by .the following vote: Yeas=Mayor Kintzinger, Coun• oilmen Austin, Kolb, Schueller, We1u. Nays-Nona Dubuque, Iowa June 6, 1955 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1954, the Civil Service Commission conducted an entrance examination on -April 26t1t, 1955 for. those, seeking posi- tions on the Fire Department,. The following arc the names of those who 'passed both the written and physical examination and their names are hereby certified for ap- pointments on .the Fire Depart- mPllt. • Irvin AEI. Neuses :........:....:...::.94'x% Robert H, Kaiser .......:............93 ; % Thomas A. Simon _ ........:....:....93 % 258 Regular Session, June 6, 1455 Donald W. Canavan ................91 % James P. Andresen ..................88 % Merle A. Mathis .....................86 % Paul J. O'Rourke ......................85 Frederick H. Nagel ..................82 % Loo J. Oneyear ........:...............76 % Respectfully submitted, J. A, Carew Chairman E. B. Lyons Louis J. Lagers Members, Civil Service Commission Attest: A. L. Holscher Clerk Pro Tem Subscribed and sworn to before me, a Notary Public this 6th day of June, 1955. John J, Dolan Notary Public SEAL Councilman Austin moved that tlae report be received and made a matter of record. Seconded by Councilman Kolb, Carried by the Following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays None. Dubuque, Iowa To the Honorable Mayor and Members of the City Council City of Dubuque, Towa Gentlemen: In accordance with the provisions of Chapter 365 of the Code. of Iowa, 1954, the Civil Service Com- mission conducted promotional ex- aminations on April 21st, 1955 for those seeking promotions on the Police Department for the positions of Captain and Sergeant~Detective, The following are the names of those who passed with an average of 70 per cent or better, All pro• motions on the Police Department should be made frbm this list. Captains Russel S, Fullerton ..................98 Darrel N. Kilby ...........:...........98 % Byrne A. O'Brien ....................96~'a% Frederick M. Voels .................95'/s% Sergeant•Detective Charles J. Jenaman ...............95~/a% Robert J. O'Brien ...:................95'~ % .Harry M. Funk ......................93~a% Marcellus R. Lammer .:..........90~% Eugene J. Lehman ..........:......89'/a% Clement R. Fleckenstein,..:..88~s% Gus E. Fecker ..............:.............86~a°k Carl W. Van der Muelen ....,.84 % Respectfully submitted, J. A, Carew Chairman Louis J. Lagers E. B. Lyons Members, Civil Service Commission Attest: A, L. Holscher Clerk Pro Tem Subscribed and sworn to before me, a Notary Public, this 6th day of June, 1955. John J. Dolan Notary Public SEAL Councilman Austin moved that the report be received and made a matter of record. Seconded by Coun- cilman Kolb. Carried by the follow ing vote: Yeas-Mayor Kintzinger, Council- men Austin, I{olb, Schueller, Welu. Nays-None, Dubuque, Iowa To the' Honorable Mayor and Members of the. City Council , City of Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 365 of the 1954 Code of Iowa the CivIl Service Conunissfon conducted promotional examina• lions on April 21, 1955 for.. those seeking promotions. on the FIre De- partment for the positions of Cap• tains, Lieutenants and Engineers. The following are the names of those who passed with an average of 70 per cent or better., All promo lions on the Fire Department should be made from this list, CAPTAINS Leroy J. Hantelman .............91 % Leo J. Chambers ....:....... ._..$9~% William J. Lynch ...................87 °k Edward L. Gerhard ...............85~a% Donald F, Brus ........_ ............:.86 % F. Richard Kaiser ..................81 % LIEITTENANTS John F..Doyle .............................85afa% Edward J, Weber ...........:........83~% Francis L. McDermott .........,,.83~h% John J. Lepsch, Jr . ..................82~% William C, Toner ...............:......112 % Donald J; Weidenbacher ......81 % William P, Badger ..................78~6°k John 'P. Pregler ........................78'rss% Vincent J. Kolb ...,..:,..~ .............78~/a% Eldon Wetss ................:.......:.......77 % Paul J. Corbett ......................75~'a% itegular Session, June 6, 1955 259 Robert C, Boland ... ................75'h% William R. Purcell ..................75 ENGINEERS Elmer V, Meissen ..................74 % Respectfully submitted, 7. A. Carew Chairman Louis J. Lagers E, B. Lyons Members, Civll Service Commissfon Attest; A, L. Holscher Clerk Pro Tom Subscrfbed and sworn to before me, a Notary Public, this Bth day of Juno, 1955. SEAL John J. Dolan Notary Public Councilman Austin moved that the report be received and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas Iv£ayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 147.55 Preliminary approval of plans, specifications, plat and schedule and other documents for the im- provement o£ Garfield Avenue (West Side Only) with Concrete Curb and Gutter from the North Property Line of Whittier Street. to the South Property Line of Emer- son Street, Estimated cost $1,083,60. Presented and read, Councilman Austin moved that resolution be adopted. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu, Nays-Nono. (Necessity for Improvement) RESOLUTION NO. 146.55 Whereas, proposed plans, speci- ffcations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the district, if any, 2, The streets to be improved. 3, The width of such improve• menu, 4, Each lot proposed to be as• sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed Improvement, stating the same For each different typo of construction and kind of material to be used, 6. In each case the amount there• of which is estimated to be as• sessed against each lot, for the im• provement of Garfield Avenue (West Side Only) with Concretie Curb and Gutter from the North Proerty Line of Whittier Street to the South Property Line of Emer- son Street, Be It Therefore Resolved that the City Council upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final consideration of this proposed reso• lution have on file with the Cfty Clerk objections to the amount of the proposed assessments, .Choy 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 pri• vately 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 there• to according to area and, in propor• lion to the special benefits con• ferred thereby, and any deficiency shall be paid out of the Street Cbn• struction funds, Bonds shall be is- sued and sold in anticipation of de• ferred payments of assessments when a contract has been per• formed and accepted and the pro- ceeds thereof used to pay the aon- tractor, The railway portion of any street or assessment district shall be assessed to and paid by the rAll• way company. June 8, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have a communication from Shirley Cochran, a member of the 260 Regular Session, Jwre 6, 1955 Playground and Recreation Com• mission stating Chat she will not be available for appointment as a member of tihe commission whose term expires on July 5th, 1955. Respectfully submitted, L. J. Schiltz, City Manager LJSao Councilman Weltt moved that the matter be referred to the City Council for further study, Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. June 3, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: A request has been made for a restricted plumbers license to be issued under Section 12A of Ordi- nance No. 21-55 to Mr. Earle Drake of Klauer Manufacturing Company. The .application has been inves• tigated and it is, found that the re- stricted plumbers license can be authorized. I recomend thafthe City Council grant A2r. Earle Drake, Maintenance Foreman .for. Klauer Manufactur• ing Company, a restricted plumbers license and that the plumbing in• spector be directed to issue such license to Mr. Drake: Respectfully submitted, L: J. Schiltz, ..City Manager LJSao C+~uncilman Schueller moved that City. Manager's recommendation be approved. Seconded by CouncIlman Austin, .Carried by the following vote:. , Yeas-Mayor Kintzinger, Coun- cilmen. Austin, Kolb, Schueller, Welu. Nays-None, May 27, 1955 To the Honorable' Mayor and City Council, Dubuque, Iowa Gentlemen;. After a conference with officials of the Farley & Loetscher Manufac- turing Company and the Police Ae- partment regarding parking reatric• bons oh 7th Street between White and Washington Streets, 1 would like to make the following recom- mendation: That Schedule IV of Ordinance 33-49 be amended to read as fol• lows: "Both sides of East 7th Street from Central to White;. North side only between White Street and Jackson Street, and the South side only between Jackson and Wash• ington Streets." The purpose of this amendment is to provide two hour parking re• strictions to the area referred to. Respectfully submitted, L, J. Schiltz, City 11lanager LJSao Councilman Austin moved that recommendation of City Manager be approved, Seconded by Council• man Kolb. Carried by the. follow- ing vote: Yeas Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller,, Welu. Nays---None. May 13, 1955 H'oharable" Mayor and Members of the City. Council of the City of Dubuque Gentlemen:. On March 8, 1955, Helen E. Kel• ly filed a claim in the sum of $15.45 for damages sustained whon the sanitary sewer in Gurtis Street backed up and flooded her base- ment. This claim was referred to this office for investigation and report. After due investigation; it is the opinion of this office that 'the claimant has a justified claim. It is, therefore, respectfully recom- mended that said claim be paid and, that the Auditor be instructed to ch~aw a warrant in favor of Helen E. Kelly, to be delivered to her upon the execution of a proper re- lease, Respectfully submitted,. R, M. Czizek Assistant City Solicitor RMC:bIm Councilman Austin moved that claim.be approved as recommended and the City Auditor instructed to draw a warrant in the amount of $15.45 in favor of Helen E. Kelly. Seconded by Councilman Kolb. Car- ried by the fallowing vote:. T Regular Session, June 6, 1955 261 Yeas-Mayor Kintzinger, Cauneii• men Austin, Kolb, Schueller, Welu. Nays-None. May 13, 1955 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen; On April'7, 1955, Marcella E. Cor• bett filed a claim in the sum- of $7,5D for damages sustained when her automobile struck an open man• hole on South Locust Street. This claim was referred to this office for investigation and report. After due investigation, it is the ' opinion of this office that the claimant has a justified claim. It is, therefore, respectfully recommend- ed that said claim be paid and, that the Auditor be instructed to draw a warrant in favor of Marcella E. Corbett, to be delivered to her upon the execution of a proper re• loose. Respectfully submitted, R. M. CZIZEK Assistant City Solicitor RMC:bIm Councilman Austin moved that claim be approved as recommended, and the City Auditor be instructed to draw a warrant in the amount of $7.50 in favor of Marcella E, Cor- bett. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None. • May 31, 1955 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On Apri118,1955, Clifford Chris- topherson filed a claim in the sum of , $25.00 for damages sustained when his automobile struck a hole in the street on West Locust Street. This claim was referred to this of• Fite for investigation and report, After due investigation, it is the opinion of this office that the claimant has a justified claim, It is, therefore, respectfully recom- mended that said claim be paid and, that the Auditor be ins'trueted to draw a warrant in favor of Clif• ford Christopherson, to be deliv- ered to him upon the execution of a proper release, Respectfully submitted, R, M. CZIZEK Assistant City Solicitor RMC:bIm Councilman Austin moved that claim be approved as recommended, and the City Auditor be instructed to draw a warrant in the amount of $25,00 in favor of Clifford. Chris• tophersan. Seconded by Council• man Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu. Nays-None. May 13, 1955 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On April 4, 1955, Carl F. Hitten- miller filed a claim for damages in the sum of $9.75, sustained when ltis automobile struck a hole in the street, This claim was referred to this office for investigation and report. After due .investigation, it ap• pears that the City of Dubugl#e was guilty of no negligence which would render it liable in damages to this claimant. It is therefore, re• spectfully recommended that said claim be denied, Respectfully subntted, R. M. CZIZEK Assistant City Solicitor RMC:bIm Councilman Austin moved that claim be denied as recommended, Seconded by Councilman Kolb, Car- ried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays~None. May 13, 1955 Honorable Mayor and Members of the City Council of the City of Dubuque Gentlemen: On April 5, 1955, Alan Dooley filed a claim for damages sustained when. his automobile struck holes in the street at 360 Grandview Ave. This claim was referred to this. of- fice #or investigation and report, .After due investigation, it ap• pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this claimant. It is, therefore, respect- fully recommended that said claim be denied. Respectfully submitted, R, M. CZIZEK, Assistant City Solicitor 262 Regular Session, June 6, 1955 RMC:bIm Councilman Austin moved that claim be denied as recommended. Seconded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. May 13, 1955 Honorable Mayor and Members of bhe City Council of the City of Dubuque Gentlemen: On April 25, 1955, Ed Turnquist filed a claim for damages sus• tained when his automobile struck a barricade at 1460 Central Avenue. This claim was referred to this of• fice for investigation and report. After due investigation, it ap• pears that the City of Dubuque was guilty of no negligence which would render it liable in damages to this- claimant, It is, therefore; respectfully recommended that said claim be denied. Respectfully submitted, R, M. CZIZEK Assistant City Solicitor RMC:bIm Councilman Austin moved 'that claim be denied as recommended. Seconded by Councilman Kolb. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu. Nays-None, Petition of Mel Maar, 1451 Cedar St. and Horace Selle, 825 E, 14th St. for a permit to shoot night fire- works for families and friends at their cottage on City Island, bhe night of July 4th, presented. and read, Councilman Schueller moved that permission be granted. Seeond• ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, The above resolution was intro duced, approved and ordered placed on file with the City Clerk this 6th day of June, 1955. Approved and placed on file for final action. Approved: CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN LEO N, SCIIDELLER Councilmen Attest : .................................................. A, L, HOLSCHER City Clerk, Pro Tem Councilman Austin moved that the resolution just read being a resolution ordering a street im• provement be now considered. com• plete in form for final passage and further move that the same be placed oh file with the City Clerk. and remain on file for public in- spection far at least one week be• fore final adoption. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, (Fixing date of hearing) RESOLUTION NO. 149.55 Whereas, the City Council of the City of Dubuque, Iowa has by Resolution No. 147-55 given its pre• lirninary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the improve- ment of Garfield Avenue (West Side Only) with Concrete Curb and Gutter from the North Property Line of Whittier Street to the South Property Line of Emerson Street, and, .Estimated Assessed Cost $1,083.60.. Whereas, the .proposed Resolu• lion of Necessity for said improve- went has been introduced and is now on file in the City Clerk's of• fice for public inspection, Be It Therefore Resolved that on the 27th day of June, 1955, a public hearing will be held at 7;30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the proposed im- provement may appear and make objection to the proposed plans and specifications and proposed form. of contract and at the same time to the boundaries of the proposed dis• trio, to the ,cost of ,the improve- T Regular Session, June 6, 1955 263 ment, to the amount proposed to be assessed against any lot and to the passage of the proposed Reso• lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such .hearing to be pub• lished in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor mare than four (4) weeks prior to the day fixed for its considera• lion and unless property owners at the time of final consideration of said resolution have on file with the clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon, 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 herein pr•avided for is the manner pro- vided by law, the said improve- ments shall be completed on or be• fore 5 Calendar Days after Date of Contract. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KRQTZINGER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V. AUSTIN LEO N, SCHUELLER Councilmen Attest: _ ..............:................................ A. L, Holscher City Clerk Pro Tem Councilman Austin moved the adoption of the resolution, Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Councll• men Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION NO, 154.55 Preliminary approval of plans, specifications, .plat and schedule and other documents for the im• provement of Kaufmann Avenue from the West Property line of Carter Road to the East Property Line of Lat 2 of 1 of 1 of 2 of 1 of 2 of 1 of Highland Farm, Montana Street-from the South Property Line of Wilbright Lane to the North Property Line of Merfeld Lane. Ruan Drive-from the South Property Lino of Pennsylvania Ave• nue to the North Property Line of Ideal Lane. Ideal Lane-from the City Corporation Limits to the East Property Line of Earl Drive. Earl Drive-from the North Prop- erty Line of Ideal Lane to the South Property Line of Pennsylvania Ave• nue. Southern Avenue-from the existing curb and gutter on Lot 2 of 2 of 1 of 1 of Mineral Lot 9 to a point 301 feet south on Southern Avenue, Estimated cost $21,497.97, presented and read. Councilman Austin moved the adoption of the resolution, Seconded by Council• man Schueller. Carried by the 'fol• lowing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, (Necessity for Improvement) RESOLUTION NO. 151.55 Whereas, proposed plans, speci• fications, form of contract, plat and schedule have been duly pre- pared and approved by the .City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, 2, The streets to be improved. 3. The width of such improve- ment, 4. Each lot proposed to be as• sessed together with a valuation fixed by the council. 5, An estimate of the cost of the proposed improvement, stating the same far each different type of con• struction and kind "of material to be used, 6. In each case the amount there- of which is estimated to be assessed against each lot, for the construe~ lion of concrete curb and gutter on the following portions of the following named streets, to wit; Kaufmann Avenue -from the West Property Line of Garter, Road to the East Property Line of Lot 2 ofloflof2of1of2of2oflof 2 of 1 of Highland Farm. Montana Street-from the South Property Line of Wilbrfght Lane to the North Property Line of Mer- fald Lane, Ruan Arive -from the South Property Line of Pennsylvania Ave nue to the North Property Line of Ideal Lane, 264 Regular Session, June 6, 1955 Ideal lane-from the City Cor- poration Limits to the East Proper ty Line of Earl Drive. Earl Drive-from the Nortll Property Line of Ideal Lane to the South Property Line of PennsyI- vania Avenue. Southern Avenue-from the ex- isting curb and gutter on Lot 2 of 2 of i of 1 of Mineral Lot 9 to a point 301 feet south on Southern Avenue. Be It Therefore Resolved that the City Council on its own mo• lion ar upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res• olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con, structed and done in accordance with the plans ahd specifications which have been 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 cost and expense of making said improve- ment 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 Street funds. Bonds shall be is• sued and sold in anticipation of de- ferred payments of assessments when a contract has been per, formed and accepted and the pro seeds thereof used to pay the con- tractol•. Tho railway portion of any street or assessment district shall be asessed to and paid by the rail- way company. The above resolution was intro, dosed, approved and ordered placed on file with the City Clerk ibis 6th day of June, 1955. Approved and placed on ffle for final action, Approved: CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RAY F, KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; A, L, Holscher, City Clerk, Pro Tem Councilman Austin moved that the resolution ordering a street im• provement 'be now considered com- plete in form for final passage and further move that the same be placed on file with the City Clerk and remain on file for public in• spection for at least one week be• fare final adoption. Seconded. by Councilman Kolb, Carried by the following. vote: Yeas-Mayor Kintzinger, Council, men Austin, Kolb, Schueller, Welu, Nays-None, (Fixing -date of hearing) RESOLUTIAN N0. 152.55 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 150.55 given its prelimi- nary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of concrete curb and gutter on the following portions of the fol- lowing named streets, to wit; Kaufmann Avenue -from the West Property Line of Carter Road to the East Property Lino of Lot 2 ofloflof2oflaf2of2oflof 2 of 1 of I~ighland Farm. Montana Streef-from, the South Property Line of Wilbright Lane to the North Property Line of Merfeld Lane. Ru+an Drive -from the South Property Line of Pennsylvania Ave- nue to the North Property Line of Ideal Lane. !deal bane-from the City Corpo- ration Limits to the East Property Line of Earl Drive, Earl Drive-from the North Prop erty Line of Ideal Lane to the South Property Line of Pennsyl• vania' Avenue, Southern Avenue-from the ex- fisting. curb and gutter oa Lot 2 of 2 of 1 of 1 of Mineral Lot 9 to a T Regular Session, June 6, 1955 265 point 301 feet south on Southern Avenue, and, Estimated Assessed Cost $21,497.97 Whereas, the proposed Resolution of Necessity for said improvement has been introduced and is now on file in the City Clerk's office for public inspection, Be It Therefore Resolved that on the 27th day of June, 1955, a public hearing will be held at 7:30 o'clock P,M. in the Council Chamber in the City of Dubuque at which time the owners of property subject to as- sessment for the proposed im- plovement may appear and make objection to the proposed plans and specfifications and proposed form of contract and at the same time to the boundaries of the proposed dis- trict, to the cost of the improve- ment, to the alnount proposed to be assessed against any lot and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of slash hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RAY F, KOLB RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest; A, L. Holscher City Clerk Pro Tem Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Wehi. Nays-,None, ORDINANCE N0. 28.55 An Ordinance establishing' a grade on Ideal Lane from the Cor- poration Limits to the East Prop- erty Line of Earl Drive, presented and read. Councilman Welu moved that the reading just had be con- sidered the first .reading of the ordinance. Seconded by Council- man Austin, Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring read- ing on three separate days, Second• ed by Councilman Austin, Carried by the following vote; Yeas-Mayor Kintzinger, Councll• men Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 28.55 An Ordinance establishing a grade on Ideal Lane from the Corpora- lion Limits to the East Property Line of Earl Drive. Be It Ordained by the City Cou i- cil of the City of Dubuque; Section 1. That a grade on Idea] Lane from the Corporation Limits to bee ndgthersameYS hereby estab~shed and adopted as shown by a profile of said street and grade prepared by the City Engineer profile number 1434, Eench marls; Potnt of arrow on Pire Hydrant on the northwest corner of [deal Lane and Ruan Drive, elevation 795:30. Said grade begins at the City Corporation Limits, which is station 0}00, north and south curb elevation 801.50; thence to station 0}41.5, P, C., north and south curb elevation 800,67; thence to station 0}91.5 Y,T., north and south curb e]evation 799.09; thence to s cation 1}41,5, P,T., north and south curb elevation 796,33; thence to station 4}81,5, north and soutp cw~b eleva- tion 773.60. Section 2. This ordinance shall .~e in full foroe and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KINTZINGER RUBEN V. AUSTIN A4ayor RAY F. I{OLB LEO N. SCHUELLER CLARENCI~7 P, W)LU Councilmen Attest; A. L, Holscher City Clerk, Pro Tem Published officially in The. Tele- graph-Herald newspaper this 10th day of June, 1965. A. L. HOLSCHER, 1GJune 10 City Clerk, Pro Tem Councilman tiVelu moved the adoption of this ordinance. Second- ed by Councilman Austin. Carried by the following motion. Yeas-Mayor Kintzinger, Councih men Austin, Kolb, Schueller, Welu. Nays-None, 266 Regular Session;. June 6, 1955 ®RDINANCE P10. 29.55 An Ordinance establishing a grade on Ruan Drive from the South Property Line of Pennsyl- vania Avenue to the North Prop- erty Line of Ideal Lane, presented alld read, Councilman Welu moved that the reading just had be con- sidered the first reading of the Or- dinance. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Councilman Welu moved that the rules requiring reading on three separate days be suspended.Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schuoller, Welu. Nays-None. ORDINANCE N0, 29.55 An Ordinance establishing a grade on Ruan Drive from the South Prop- erty Line of Pennsylvania Avenue to the North Property Line of Ideal Lane. Be it ordained by the City Council of the City of Dubuque: Section 1. That a grado on Ruan llrive from the South Property Line of Pennsylvania Avenue to the North Property Line of Ideal Lane, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer. profile number 1433. Bench Mark: Point of arrow on fire hydrant, Station 3-}10. Elevation 841.90. Said grade begins ~at the South Property Line of Pennsylvania Avenue, which is station 0+00, east and west curb elevation 838.80; thence to station 0}70, P.C., east and west curb elevation 837.78; thence to sta- tion 1}00, P.L, east and west curb elevation 838.34; thence to station 1}30, P.T., east and west curb ele- vation 839.16; thence to station 1}60, Y.C., east and west curb elevation 839.80; thence to station 2}50, P,L, east and west curb elevation 840,00; thence to station 3-~-60, P.T., cast and nest curb elevation 834.21; thence to station 5-}10 P,C., east and west curb elevation 826.39; thence to sta- tion 0-}10, P.1., east and west ourb elevation 819.23; thence to station 7}10, P.T., east and west curb eleva- tion 810.05;. thence to station 8-}00, east and west curb elevation 796.30. Section 2. This ordinance shall be in full fitrce and effect immediately upon its final passage and adoption and Publication as provided by law. Passed, adopted, and approved this oth day of June, 1966. CHARLES A. KINTZINGER Mayor RUBEN V. AUSTIN RAY H'. KOLB LEO N. SCHUELLER CLARENCE P. WELU Councilmen A#test; A. L. Holscher Ctty Clerk, Pro Tem Published officially in The Tele- graph-Herald Newspaper this 10th day of,duno, 1~6. A. L. HOLSCHER, It 0-10 City Clerlt, Pro Tem ' Councilman Welu moved the adoption of the ordinance, Second- ed by .Councilman Austin. Carried by the following vote: Yeas-Mayor Ii;intzinger, Council- men Austin, Kolb, Schueller, We1u, Nays-None, ORDINANCE N0. 30.55 An Ordinance establishing a grade on Kaufmann Avenue from the West Property Line of Carter Road to the East Property Line of Lotloflofloflof2of3oflof Highland Farm, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance, Sec• onded by Councilman Austin. Car• Tied by the following vote: Yeas-Mayor I{intzinger, Council- men Austin, Kolb, Schueller, Welu. 1\lays-None. Councilman Welu moved that the rules be suspended requiring reading on three separate days: Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 30.55 An Ordinance establishing a grade on Kaufmann Avenue from tho West Property Line of Carter Road to the East Property Line of Lot 1 of 1 oY 1 of 1 of 2 of 3 of 1 of Highland Farm. Be It Ordained by the City Coun-. ell oY the City oP Dubuque: Section 1. That a grade on Kauf- mann Avenue From the West Property Line of Carter Road to the East Property Ltne of Lot ! of 1 of 1 of 1 oP 2 of 3 oP 1 of Highland Farm, be and the coma is hereby established and adapted as shown tip a profile of said street and grade prepared by the City Engineer, profile number 143.. Benoh Marl{: Point of Arrow on Fire Hydrant on the south west corner of Kaufmann A~t~enuo and Carter Road, which is station D}00, north curb elevation 90P,.59, south ourb elevation 907.09, thence to sta- tion 2}00 P,C., north curb elevation 908.27, south curb elevation 908.37, thence to station 2}50, P,I. north curb elevation 908,05, south curb ele- vation 908.08, thence to station 3-1-00 P.T., north a,nd south .curb elevat[on 900.fi0, thence to station 6}DO P.C., north and south curb elevation 398.04, thence to station 6}50 P.I. north and south curb elevation 895.36, thence to station 6±OQ P: r., north and south curb elevation 891;54, thence to station 7}50 P.C., north and south curb elevation 878.44, thence to sta. liun 8}00, P.L, north and south curb elevation 873.91, thence to station B}50, P.T., north and south ourb elevation 809.07, thence to station 11{-30, I.C., north and south curb elevation 811.07, thence to station 12}30, P.L, north and south curb elevation 833.06, thence to station 131-30, P.T., north and south curb elevation 849.01, thence to station l3}46 nm~th and south curb elevation 851.70. Bastion 'S. This ordinance shalt be in full foCCQ and affect immediately T Regular Session, June 6, 1955 267 upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 0th day of June, .1965. CHARLES A. KINTZNGER, Rlaym RIIBEN V. AUSTIN RAY F KOLB LEO N, SCHUELLER CLABENCE P. WELU Councilmen At+est: A. L. HOhSCHER, City Clerk, Pro Tem It. 6-10. Published officially in the Tele- ~raph Herald Newspaper this 10th flay of June, 1955. AL,L. HOLSCHER, Clerk, Pro Tem. Councilman Welu moved th'e adoption of the ordinance: Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, CounciI- men Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE PlO, 31.55 An Ordinance establishing a grade, on Earl Drive from the N. P, L, of Ideal Lane to the S. P. L, of Pennsylvania Avenue, presented and read, Councilman Welu moved that the reading just had be con• side~•ed the~.first reading. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None; Councilman Welu moved .that the rules be suspended requiring read- ing on three separate days, Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolh, Schueller, Welu. Nays-None. ORDINANCE N0, 31.55 An Ordinance Establishing a grade on Earl Drive from the North Property Line of Ideal Lane to the South- Property Line of Penns}fl- vania Avenue, Be it ordained by the City Coun- cil of the City of Dubuque: Section 1. That a grade on Earl Drive from tho North Property Line of Ideal Lane to the South Property Line of Pennsylvania Avenue be and the same is hereby established and aflopted as shown by a profile o4 said street and grade prepared by the City Engineer, profile number 1436. Bench Marla; Point oP Arrow on Fire Hydrant an the corner of Earl Drive and Penns3'lvania Avenue, Elevation 511,12. Said grade begins at the North Property Line of Ideal Lane which is station 0}00, east and west curb elevation 771,07; thence to sta- tion 1}00, west and east curb eleva- tion 778.35; thence to station 2+00, east and west curb elevat[on 785.09; thence to station 3}00 east and west curb elevation 791.80; thence to stp,- tion 4}00, east and west curb eleva• lion 798.51; thence to station 6}ld, P. C., east and west curb elevation 505.89; thence to station 0}10, P.L, oast and west curb elevation 810.00; thence to station 7}10, P.T., east and west curb elevation 811,55; thence to station 8}80, east and west curb elevation 810.00. Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KINTZINGER Mayor RUBEN V. AUSTIN RAY F. KOLB LEO N. SCHUELLER CLARENCE P. WELU Councilmen. Attest: A. L. Holscher City Clerk, Pro Tem Published officially in The Tele- graph-Herald Newspaper this 10th day of dune, 1955. A. L. HOLSCHDH, Lt 0-YO City Clerk, Pro Tem Councilman Welu moved the adoption of "the ordinance. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Weltl. Nays-None. ®RDINANCE N0. 32.55 An Ordinance establishing a grade on Montana Street from the South Property Line of Wilbright Lane to the Nm~th Property Line of Merfeld Lane, presented and read. Councilman Welu moved that the reading just had be considered the First reading of the ordinance. Sec• onded by Councilman Austin, Car- ried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring read- ing on three separate days. Second- ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintziiger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 32.55 An Ordinance establishing a grade on Montana Street from the South Property Line of `jrilbricht Lane to the North Property Line of Merfeld Lane. Be It Ordained by the City Coun- cil of the Clty of Dubuque: Section 1. That a grade on -4on- tana Sheet from the South Property Line of Wi]bricht Lane to the North Property Tine oP Merfeld Lare; be and the same is hereby ,established and adopted as shown by a profile of said street and grade prepared by the City. Enginoer, profile number 143ii. Bench Mark: point of Arrow on Fire Hydrant on the southeast corner of dsbnry Street and Banker Hill Street, Elevation 910.37. Said grade begins at the South Property Line of 6Vilbricht Lane, which is sta- tion 0}00, cast and west ourb ele- vation 858.90, thence to station 1-I 00, east. and west curb elevation 853.90, thence to. station 1}10, P.C., east and west curb elevation 853;40, thenoe to station 1}00, P,I,; east and west curb elevation. 860.1fi, thence to sta- 268 Regular Session, June 6, 1955 lion 2-x-10 P.T., east and west ourb elevation 895.90, thence to station 3+00, east and west curb elevation 835.50, thence to station 3}15, P.C., east and west curb elevation 833.85, thence to station 3}55, P.h east and west curb elevation 829.92, thence to statiou 4}15, P.T., east and west curb elevation 829,13, thence to sta- tion b}00, east and west curb s~eve~ lion 830.69, thence to station b}50, RC., east and west curb elevation 831,22, thence to station 6}OU, P.L, east and west curb elevation 831.80, thence to station G}60, P.T., east and west curb elevation 831.75, thence to station 7}00, east and west curb elevation 8' .50, thence to station 7}47, east and west curb elevation 381.27. Section 2. This ordinance sl;all be in full force and effect immediately upon its final passage and adoption and publication as provided by law. Passed, adopted and approved this Gth day of June, 1955. CHARLES A. KINTZINGER, -Iayor RUBEN V. AUSTIN RAY F. KOLB LEA N. SCHUELLPaR CI,ARF.NCE P, WEhtJ Councilmen Attest: A. h. HOLSCHER, City Cleric, Pro Tem lt, 8-10 Published officially in the Tele- graph-Herald Newspaper this 10th day of June, 1455. A. 1.. TIOLSCHER, Clerk Pro Tem Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller; Welu. Nays-None, ORDINANCE N0. 33.55 An Ordinance Establishing a Grade on Marion Street from the east edge of the existing concrete pavement on Cherokee Drive to the existing curb and gutter 273 feet east on Marion Street, presented and read. Councilman Welu moved that the reading just had be con- sidored the first reading of the or• dinance. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Councilman Welu moved that the rules be suspended requiring read- ing on three separate days. Second- ed by Councilman Austin, Carried by the following vote: Yeas-~Mayar Kintzinger, Council- men Austin, I{olb, Schueller, Welu. Nays-None. ORDINANCE N0. 33.55 An Urdinance Establishing A Grade on Marion Street from the east edge of the existing concrete pavement on Cherokee Drive to the existing curb and gutter 273 feet east on t~Iarion Street, Be Tt Ordained by the City Council of the City of Dubuque; Section 1. That a grade on Marlon Street from the east edge of the existing concrete pavement on Cher- okee Drive to the existing curb and gutter 273 Yeet east on Marion Street, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, pro• file number. 1431. Bench Mark: Point of Arrow on Fire Hydrant at 2260 Marion Street,. elevation 813.87. Said grade begins at the east edge of the concrete pavement pn Cherokee Drive, which is station 0}00, north and south curb elevation 809.46, thence to station 0.1-73 P.C. north and south curb elevation 813.97, thence to sta. lion 1}23, north 'and south curb elevation 81fi.42, thence to elation 1}73 P. T., north and south curb elevation 817.60, thence to station 2}23, north and south curb elevation 817.51, thence to station 2}73, P.T., north and south curb elevation 81515, Section 2. This ordinance shall be in full force and effect immediately upon its final passage and adoption and pulicatlon as provided hY ]aw. Passed adopted and approved this 6th day of June, 1965, CHARLES A. KINTZINGER, Mayor RUBEN V. AUSTIN, RAP F. KOLB, LEO N. SCHUELLER, CLARENCE P, WELU, Councilmen Attest: A. L. HOLSCHER City Clerk; Pro Tem Published officially in the Tete. graph Herald Newspaper this 10th day of June, 1955. A, L. HOLSCHER, 1t-G-10 Clerk, Pro Tem Councilman Welu moved the adoption of th.e ordinance, Second• ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kalb, Schueller, We1uc Nays-None. ORDINANCE N0. 34.55 An Ordinance granting Vern Carris the right to construct a sang itary sewer in Marion Street; and providing the terms and conditions thereof, presented and read, Coun• Gilman Welu moved that reading just had be considered hhe first reading, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring read- ing on three separate days. Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0, 34.55 An Ordinance granting Vern Carris the right to construct a sanitary sewer in Marion Street; and provld• ing the terms and conditions there- of; Whereas, Vern Carris of Dubuque, Iowa, has petitionefl the City Coun• T Regular 5esstota, June 6, 1955 ~6~ alt for authority to construct an e- inch sanitary sewer in Marion Street from the existing manhole, which is 30.,8 feet from the East Property Line of Cherokee Drive, tp a po]nt 310 feet west of the existing man- bple, Whereas, the City Council pf the City of Dubuque is of the opinion that the acceptance of such a sewer [s iR the beet Interest of the CItY of Dubuque; Now therofpre be it ordained by the City C;ohnci] of the City of pu• buque; Section 1. That Vern Carris hd and he is hereby granted the righD to oonstruot an 8° vltrifiefl file pipe sanitary sewer in Marion Street, all its shown on the plan and profile submitted to the City Council of the City of Dubuque by Vern Carris up• der date of Sune G, 1955, upon the following terms and conditions; (a) That the grantee agrosa to ^onstruct said sewer within one year from the date of th@ adoption pf this Ordinance and to pay tho entire cost thereof, including the cost of the re@kprattpn of the surface of Marion Street;. (b) That said sewer shall be cpn- structed to accordance with plans approved by the State Department of Health and the City Manager and under the supervisign and direction of tl)e City Manager and City En• gineer; (c) That grantee will enter into a contract for the opnatrpotfon o[ said server with a qualified contrac• for avhieh contract will, among other things, epntain a clause requiring [he contractor to obtain all necessary permits, required by the City of bu• ppgne, or any other governmental agency, a clause obligating the con• tractor and his bondsmen to keep said sewer in good repair for a period of not less than, two years from tltn date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Dubuque named as one oC the obligees, guaranteeing the faith- ful performance of said contract; (d) That upon the completion at said sewer anfl rho acceptance of the same by the City Counctl said sewer ,hall become a public sower under the exclusive charge and control of the City of Dubuque, and its free use as such shall not be Interfered with by grantee or his successors or assigns; Section 2. That the authority granted herafp shall terminate on December 1, 1056, unless the terms and conditions of this Ordinance are accepted in writing by the grantee prior to that date. Section 3: This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. Passed, adopted and aAProved this Gth day of June, 1955. CHARLES A. KINT'LINGER Mayor RUBEN V. AUSTIN RAY F, KOLB LEO N. SCHUELLFaR CLARENCE ]?; WELU Counenmen Attest: A. L. Holscher City Clerk, Pro Tem Acceptance of Ordinance No, 34.55 Vern Carris of the City of pus buque, Dubuque County, Iowa, hav ing full knowledge and underetarid• ofd OrdinalnceENor 34-65 dherebytzace cepts the same as Raesed and 'agrees to cpmply wtkh all the. teems and conditions thereof. Accepted this 7th day of June. A. D, 1955. VERN CARRIS Published officially in The Tele- graph-Ho}old Newspaper this 10th day of June, 1955. A, L, HOLSCHER; it Junc 10 Ctty Clerk, Pro .Tem Councilman Welu moved the adoption of the ordinance. Second• ed by Councilman Kolb. Carried by the following votq; Yeas-Mayor Kintzinger, Council- men Austin, i{olb, Schueller, Welu, Nays-None, Communication of the Dubuque Golf. and Country Club asking per- mission of the City of Dubuque, Iowa tq have a supervised firewgrks display on the grounds of the Club for its members and their families on the evening of July 4, 1955, pre- sgnted and read, Councilman Welu moved that permission be granted. Seconded by Councilman Kolb, Car• vied by the following vgte: Yeas-iVlayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. Communication of the North End Wrecking Co. objecting against a proposed ordinance for the es'tab• lishment of wire fencing around their property, presented and read. Councilman moved the suspension of rules allowing Ed Tschudi to ad• dress the Council on the matter. SeGOnded 'by Councilman Welu. Caried ~y the following vote: Yeas-Mayor Kintzinger, Cquncil- men Austin, Kolb, Schueller, Welu. Nays-None, Councilman moved that the pquncil view the grounds of the North End Wrecking Co. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 153.55 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore,. lie It Resglved by the Council of the City of Dubuque that the fol• lowing applicatigns be granted and the licenses are to bq issued upon 'the compliance with the terms of the ordinances of this City, GLASS "E" PERMIT Mrs. Josephine llurke, 1091 Main Street T 270 Regular Session, June 6, 1955 Roger C. Johnson, 336 Main Stroet Alan R. Uppinghouse, 238.240 West 6th Streot CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place Passed, ,adopted and approved this 6th day of June, 1955. CHARLES A. KINTZINGER Mayor GLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIlV LEO N. SCHUELLER Councilmen Attest; A. L, Holscher City Clerk Pro Tem Councilman Welu moved the adoption of the resolution, Second• ed by Councilman Kolb. Carried by the following va'te: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO, 154.55 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 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 ap• plicants a Beer Permit, CLASS "B" PERMIT Mrs. Josephine Burlce, 1091 Main Street Roger C. Johnson, 336 Main Street Alan R, Uppinghouse, 238.240 West 6th Street CLASS "C" PERMIT Leo P. Manahl, 785 Groveland Place Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 6th day of June, 1955. CHARLES A. KIIVTZIIQGER Mayor CLARENCE P. WELU RAY F, KOLB RUBEN V, AUSTIN LEO N,SCHUELLER Councilmen Attest: A• L, Holscher- City Clerk Pro Tem Councilman Weltt moved- the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Couticil- men Austin, Kolb, Schueller, Welu, Nays-None, June 6, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; I have a communication from Mr. Eugene Lang of the engineering firm of Lal'amore & Douglas Inc., which I am attaching, This communication is in regard to a question in the minds of the City Council if sufficient revenue will be produced with the increased gas rates so that the company will not have a further request in the not-to•distant future, Based on estimates on the pro~b- able revenue and expenses for the full year of 1956, a return should be approximately 4,72%, It appears that the company should be in the black at the end of 1956 though they can hardly be expected to earn 6% on their in- vestments. I am attaching herewith a rate ordinance including the lOc per M.C.F, increase as requested by the North Central Public Service Com pony Respectfully submitted, L. J. SCHILTZ, City Manager LJS:Io Councilman Welu moved that, recommendation of the City Man• alter be received and filed. Second• ed by Councilman Austin, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin; Kolb, Schueller, Welu. Nays-None, ORDINANCE NO, 35.55 An ordinance fixing and estab- lishing rates to be charged for the furnishing of gas. for residential, commercial and firm industrial purposes within the City of Du• bogus, Iowa; fixing and regulating the method of service thereof: re- pealing Ordinance No. 51.54, and all Ordinances and Resolutions, in conflict herewith, presented .and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance, Regular Session, June 6, 1955. 271 Seconded 'by Councilman Austin, Carried by .the following vote: Yeas-Mayor Iintzinger, Council- . men Austin, Schueller, We1tI. Nays-Kolb. Councilman Welu moved that the rules be suspended requiring read- ing on three separate days. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cihnen Austin, Schueller, Welu, Nays-Kolb. °~'i ORDINANCE NO. 36.56 An ordinance fixing and establish- ing rates to be charged for the fur- nishing of gas for residential, com- mercial and firm industrial purposes within the City of Dubuque., Iowa; fismg and regulating the method of service thereof: repealing Ordinance No. 61-54, and all Ordinances and Resohrtions in conflict herewith. Be 1t Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. Definitions: (a). Tnrlustrial User: For the pur- poses of this ordinance an "indus- tr•ial user" shall mean any consumer who uses gas heat in preoessing any article for sale. (ul Genera] House Heating: For the pm•poses of this ordinance gas shall he considered used for gen- eral house heating when gas is the principle source of heat energy Por the premises occupied by the consumer. (c). Company: As used herein the e•ord "Company" shall mean any person, firm or corporation holding a franchise to operate a gas distri- bution system in the Ctty of Du- buque. fd). B.T.L.: One B.T.U". is tho heat required to raise one pound of Crater one degree Fahrenhoit. Section 3. Rate Schedule. Com- mencing with all meter readings on and after Suly 1, 1955, the rates to be ofiarF'ed for gas for residential, commercial, and firm industrial pur- poses by any person, firm or corp- oration supplying gas within the City of Dubuquo, except as herein other- wise provided, shall be fixed and de- termined as follows: Schedule t GENERAL SERVICE Availability: This rate (s available for general service. to all residential and eom- menial users of gas except those using gas Por general house heating. Rate: First 1000 cu. ft. per meter per month per -ICF-Net $3.00. Next 4000 ctt, ft, per meter per month per MCF-Net $Z.50. Next 45,000 cu. Pt. per meter per month per MCF-Net .8b. AText 60,000 cu, ft. per metor per month per MCF-Net .80. All in excess of 100,W0 cu. Pt, per meter per month per MCF-Net .75. Minimum monthly charge: $1.71. Schedule 2 RGSIPF.N'rTAL AND COMMERCIAL HOTTSE HEATTNG AND INDUS- TRIAL SERVICE Availability: This rate is available to all resi- denfial and commercial users of gas For general house heating regardless nP other gas appliances. All gas to he supplied through one meter. 'T'his rate is also available to small industrial users requiring firm gas. Rate: must 6D0 cu. ft, per meter per mm~th-Not $1.30. Next 150D cu. ft. per meter per month per MCF-Net $1.40. Next 3000 cu, ft, per meter per month per bICF-Net $1.20. Nett 45,000 cu. ft, per meter per month per MCF-Net .85. Next 50,000 cu. ft, per meter per month per MCF-Net 8D. Al] in excess of 100,OD0 cu. ft. per month per MCF-Net .75. Minimum monthly charge: $1:71 per meter. Regulations: Customers desiring general house heating service shall first ascertain from the person, firm or corporation supplving gas, if such service is available at the desired location and then shall install only approved gas burning apparatus in compliance with the supplior's safety requirements, and applicable city ordinances. Section 3. Cost of Gas Adjustment. The rate schedules quoted herein are predicated upon natural gas having a heat content of 1,000 B.T.U, per cubic foot delivered to the City Border Station, Dubuque,. Iowa, and costing on the basis of a 100% load factor, 30.98c per M.C.F, In the event the cost of natural gas is increased or decreased with. the consent of or by the action of a duly constituted regu- latory body resulting in a cost of purchased natural gas at the City Border Station in excess of or less than 30.98c per M.C.F, based upon a 100% load factor, the charge per M.C.F, for gas supplied in each sub- sequent billing period beginning not earlier than the effective date of such increase or decrease, shall be increased or decreased accordingly, by the amount of which such unit oP cost exceeds or is less than 30.98c per M.C.F, multiplied by 1.1, as the case may be; provided, however, that if the amount of the increase or decrease, so computed per M.C.F. is not a multiple of O,Olc, it obeli be computed to the nearest such mul- tiple. Section 4. Tax Clause. To the total monthly bill as computed under any of the rate of schedules, the Company shall have the right to add all m• part oP the prorated increase in the cost of natural gas to the com- pany in any month resulting from the addition of any excise tax levied on the nahira4 gas as purchased or sold. The term 'rexcise tax'' where used above shall mean any occupational production, severance, gathering, transportation, pipe line footage, sales or other excise tax or tax oP similar nature now or hereafter imposed by any lawful authority upon or in re- spect to the production, severance, transportation, purchase or sale of the natural gas sold by the company. Any changes in rates under Sec- tion 3 or 4 shall be reported to the City Council on the basis therefor, Section 5. Meter Service. No per- son, firm or corporation supplying gas shall install any meter ox meters upon a customer's premise for the purpose of measuring gas to be sun- plied to said customer unless and' until such meter has bee^ properly calibrated and adjusted within a per- iod of six (0) months preceding date of installation upon a customer's premise, so that the error in regis- tration of rated meter capacity is within two percent (2%) of accuracy. Any meter installed upon a cus- tomer's premise shall bear a label clearly ihdlcating the date that said meter was tested and recalibrated. No meter shall be kept in service which has not been ~•ecalibrated within a ton year period. 2'l2 Regular Session, June 6, 1955 The person, .firm, or corporation Councilman Welu moved the supplying gas in the city of Dubuque ado]tion of the ordinance subject 1 shall keep on file a record of the Lost of each meter installed upon or + to a review one year hence. Second- retained in service upon the custom- er's premise after test which record ed b Councilman Austin, Carried Y shall lie available for Inspection by by the following vote: officials of the City of Dubuque. snch recnrd as tiled shall indicate the YOaS~-Ma Or K111tZinger COUn- y + name of the manufacturer of said Cllmeri AUStln, SChuelleT, Welu, motes, its aerial number, type, capac- i i Na s Kolb Y ts own- gned to it by ity, number al er, name and address of the customer . Jniie 6 1955 where said metor was in service prior to said test, and the date of TO the Honorable Mayor last previous test, together with the and Cit GOUIlei] Y percentage oP error above or below + accuracy, as disclosed by said test. Dubuque, Iowa Meters shall be adjusted to register within plus or minus two (2%) of Gentlemen: accuracy at full load. The City Treasurer has in his section 6. B.T.U. Cbntent of Gaa. The average gross heating value o4 peSSOSS10n the proceeds from the the gas sunptied shoo approximate sale of Water Department Revenue 1,0.00 B.T.II. per au. ft, unless the gas supplied by the company's natural Bonds amouriting t0 $1,500,000.00, gas supplier shall contain a greater or less heating valise. Tu the ev2nt A lar e Ort10n of this mone g p Y the arithmetic average of hourly gross will not be required until the early ]seating value delivered by the com- ' part of 1956• therefor I recommend s natural gas supplier in any pony r + month shall be less than s~5 B.T.U. that the City Treasurer be author- or more than 1025 B.Tei7, per cu. ft, 1Zed t0 pilPChaSB United St2tes GaV- then fhe volume oP as measured hereunder during such par;oa span ernment Securities in the follow be decreased or inereases3 propor- lrig amounts: $500 000.00 duo De• tionateiy' , Section 7. Measurement of Gas camber 1955 and $500,000,00 due [Teed, The unit of measurement for April 1956, gas mild will be the volume oP gas Respectfully submitted in cubic feet at a temC~erature of 60 degrees Fahrenheit and at an absolute + L, J, SCHTLTZ, measure of 4 oz, above atmospheric ' City Manager Comer s monthly bills shall be com~ puled at the net rate' and theca shall j,J8,10 be added to all bills of $2,00 or less, a charge of l0c ana to an blue to ' Councilman Kolb moved that rea excess of $2,00, a charge equal to the ommendation of the City Manager number of cubic feet of gas consumed at ioc per iooo cnbia feet, which be approved, Seconded by Council- chargea shall be collected-from those maR WeIU. CarTlefl by the fO110w- customers who fail to pay their net f h i0 d il d ing Vote: rom an jn ten ( ) ays b l tvt after date thereof; Yeas-Mayor Kintzinger, Couneil- section 9, Penalty. Any person, men Austin, Kolb, Schueller, Welu. firm or corporation who shall charge or exact other or different rates and Nays-None. charges for any type of service, the rates for which servioea are herein June 6 1955 + fixed and determined, or who shall TO the Honorable Mayor violate any of the provisions hereof, ' arid Clt COUriClI Y shall be deemed guilty of a misde- mearior and upon conviction thereof, + Dllbuglle, Iowa shall be fined not to exceed $100.00 or impriaanea not to exceed thk'ty Gentlemen: (30} days in jell. The petltl0n Of Johri P, Feller seotion 19. Repealing Prior Ordi- nances. Ordinance No, 61.54 adopted re L1eStlri action be taken in clean- q g ,iuly 20, 1964, and all other Ordinances ing up the prem1S05 In the 1800 ar parts of Ordinances ip conflict herewithin are hereby repealed. B1oCk On WOOd Street 'belOn In to g g seotion u. This ordihance shall be Mt. Pleasant Home was referred to in fun force upon ;ts paasago, aaop- the City Manager and Health De• lion and publication as provided by larV. partment for investigation and re- Passed, adopted and approved this port. sth day of dune; is66, A. D. The property has been cleared of citARL>;s A, t~IriTzlrr IIaR all cuttings and Brush by the own• RUBEN v. Ausmlly ere, however, neighbors have used i~o x: scH i this property for disposal of their t nILLER eLaRElvcE P. w~nLV debris without the owners consent; counollmen ivhereas the owners do not dis• Artiest: A. L. Holsohet pose of their brush and cuttings City Clerk, Pro Tens T on this vacant property. Publianea ofticiauy in The ale- wspaper this 10th ~ ~ iJ Respectfully ~aubmltted, une 1966. ay of L. J, SCHILTZ, A. L. tIOLSCHDB; ]t s•io city clerk, Pro Te,n City Manager T Regular Session; June 6, 1955. 273 LJS:Io Councilman Kolb move that com- munication of the City Manager be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays--None, ORDINANCE N0. 36.55 An Ordinance Prohibiting Smok• ing and Carrying of Lighted Ob- jects In Specified Places in 'the City; Requiring Enforcement by Persons having control of the Prem. lees; Authorizing the Fire Chief to Prohibit Smoking vihere necessary to public safety; and prescribing penalties for violation hereof, pre- sented and read, Councilman Welu moved Chat the reading just had be considered the first reading, Sec• onded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the ordinance be placed on file with the City Clerk for one week for public inspection before final adop- tion, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu, Nays-None. Petition of Harold McMahon et al requesting that a street light be installed on Rosedale Avenue mid- way between St, Ambrose St. and Avoca 'St,, presented and read, Councilman Austin moved that the petition be referred to the City Manager and Electrical Inspector, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, June 6, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentleman: This is to advise that I have ap- proved the following bonds and de• sire to have your approval on same for filing, subject to the approval of fhe City Solicitor; SIDEWALK Joe Lukens, Merchants Mutual Bonding Company Thos. E. Byrne, American Surety 'Company of New York Dallas 114. Bush, Western Surety Company HEATING Geisler Brothers, Standard Accident Insurance Company Jimnue W, Lundon, Standard Acci• dent'Tnsurance Company Alfred Henschel (Henschel Roofing & Sheet Metal CoJ, Hawkeye•Se• curity Insurance Company Braconier Plumbing & Iieating Company, Fireman's Fund Indem• nity Company TAXICAB Robert T, Za'hina (Diamond Cab Company), National Indemnity Company, Policy No, NI 38642 Respectfully submitted; L, J. SCHILTZ, City Manager LJS:Io Councilman Welu moved to ac- cept recommendation of the City Manager. Seconded. by Councilman TSolb, Carried by the following vote: Peas-Mayor Kintzinger, Council- men,, Austin, Kolb, Schueller, Welu. Nays-None, Petition of Carr, Adams & Collier Co. Jobbing Division, by R; H. Col- lier, V. P, aslcing the City Council to vacate a portion of property now Harrison Street, outlined ~by a plat as part of the petition, pre• sented and read. Councilman Welu lnoved that petition be referred to Planning and Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Petition of Kenneth Schmerbach et al asking that Woodworth Street be repaired and the possibilities of Sewer Street opening be investi- gated, presented and read, Council• man Welu moved that the Council view the grounds. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Councfl• men Austin, Kolb, Schueller, Welu, 'Nays-None. Petition of Mr. and Mrs. Claus Schlichtman et al asking that the possibilities of having curb & gut- ter for Woodworth from Lowell to Mount Crest be investigated, pre• rented and read, Councilman Schueller moved that the Council 274 ~ Regular Session, June 6, 1955 view the grounds. Seconded by Councilman Austin. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Mayor Kintzinger moved that the City Manager investigate trucks using tle streets in residential areas for` parking. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb; Schueller, Welu. Nays-None, There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen ~ Austin, Kolb, Schueller, Welu, Nays-None. A. L. Holscher City Clerk, Approved ....................................1955, Adopted .:................:............,.......1955, Councilmen ...................................... i Special Session, ~ , (,~ (OFFICIAL} Special Session, June 27th, 1955. Council met at 7,30 P,M, Present - Mayor Kintzinger, Councilmen Kolb, Schueller, Welu. City Manager Schiltz. Absent-Councilman Austin, Mayor Kintzinger read tine call and stated that service thereof had been duly made and that this meet- ing fs called for the purpose of conducting a public hearing on curb and gutter on Garfield Avenue, and the 1955. Concrete Curb and Gutter Project No. 2, and for the purpose of considering bids far the construction of curb and gut• ter on Garfield Avenue, and acting on any other business as may prop- erly come before a regular meeting of the City Council. Councilman Welu moved that William J, O'Brien be appointed City Clerk Pro Tem, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Kolb, Schueller, Welu: Nays-None. Absent-Councilman Austin. Proof of publication certified to by the publishers, of notice of pen• dency of resolution of necessity for public improvements and hearing upon proposed plans and specifica- tions, form of contract and cost of improvement for the Construction of curb and gutter on Garfield Ave, Presented and read, Councilman Kolb moved that proof of publica• tion be received and filed, Second• ed by Councilman Welu. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Council• men Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Decision of Council upon objections to plans, specifications, form of contract and cost of improve. merits: RESOLUTION NO. 155.55 Whereas, proposed plans and specifications and form of contract for the improvement of Garfield Avenue (West Side Onlyj with Con- crete Curb and Gutter from the North Property Line of Whittier Street to the South Property Line of Emerson Street have been ap• proved by the City Council of the June 27, 1955 275 City of Dubuque and public notice given as provided by Chapter 23 o-f the Code of Iowa, 1950, pertain- ing to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 27th day of June, 1955; and Whereas, the City Council met in special session this 27th day of June, 1955, at 7,30 o'clock P.M, at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de- scribed and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been duly weighed and con- sidered; now, therefore Be It Resolved by the City Coun• cil of the City of Dubuque, that all objections which have been made and filed to the plans, specifica• Lions, contract fm' or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted, Be It Further Resolved that this resolution containing the decision of this Council upon pll.abjections which have been filed to the 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 27th day fo'June, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RAY F, KOLB LEO N, SCHUELLER Councilmen Presented and read. Councilman Kolb moved the adoption of the resolution. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. 276 Special Session, dune 27, 1955 (tJecassity for Improvement) RESOLU710N N0. 14855 Whereas, proposed plans, speeifi• cations, form of contract, plat and schedule have been duly prepared and approved by the City Council of the -City of Dubuque and are now on file in the office of the City Clerk shotiving among other things the fallowing: 1. The boundaries of the district, if any, 2, The streets to be improved. 3, Tho width of such improve~ meet. 4, Each lot proposed to be as• Dossed together with a valuation fixed by the ceuncil. 5, An estimate of the cost of the proposed improvement, stating the same for each different type of eon• struction and kind of material to be used, G, In each~case the amount there- of which is estimated to be as• sessed against each lot, for the improvement of Crartleld Avenue (West Side Only) with concrete curb and gutter from the North Property Line of Whittier Street to the South Property Line of Emerson Street, Be It Therefore Resolved that the City Council upon petition of prop- erty owners, deems it advisable and necessary for the public wel• fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed reso- lotion have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvements shall be con• strutted and done in accordance with the plans and specifications which have been prepared therefore by the City Engineer which have been approved by the City Council and are no`v 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 provid- ed 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 Street Construction funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments then a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway por• tion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- doted, approved and ordered placed enfile with the City Clerkthis 6th day of June, 1955, The £ore. going resolution was finally passed and 5~9pted as proposed, this 27th clay of June, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RAY F, KOLB LEO N, SCHUELLER Councilmen Attest; William J, O'Brien City Clerk ]?ro Tem Councilman Welu moved the adoption of the resolution, Second- ed by .Councilman Schueller, Car• red by the following vote: Yeas-Mayor Kintzinger, Council- men Kolb, Schueller, Welu. Nays=None, Absent-Councilman Austin. (Ordering Construction) R~SOLUTI®N N0. 156.55 ' Bo Tt Resolved by the City Coun• cil pf the pity of Llgbuque that per suant to a resolution of necessity No, 14,$•55 which was. duly passed by this Council, for the impxave- meet of Garfield .Avenue (West Side Only) with curb and gutter from the North Property line of Whittler Street to the South }xl"op• erty Lino of Emerson Street, be and the same are hereby ordered and constructed by this Council upon its own motion and the peti• tion of .property owners, All the work shall be constructed in ac- cordance with the plans and speci• fications heretofore adopted. and now 4n file in the office of the City Cleric, B~ It Further Resolved that the cost and expense of the said im• pravements be paid for by levying. special assessments against the pri• l Special Session„ June 27, 1955 277 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 general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assessments as provid- ed by law after the work has been completed and accepted by the City Council. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council Passed, adopted and approved this 27th day of June, 1955. ` CHARLES A. KINTZINGER Mayor CLARENCE P, WELU RAY F. KOLB LEO N, SCHUELLER Councilmen Attest: William J, O'Brien City Clerk Pro Tem Councilman moved the adoption of the resolution. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Kolb, Schueller, Welu. Nays-None. Absent--Councilman Austin. Proof of publication certified to by the publishers, of notice to con• tractors of the receipt of proposals for the construction of concrete curb and gutter on Garfield Ave• nue, Presented and read. Council- man Welu moved that proof of pub- lication be received .and filed, Sec- onded by Councilman Kolb, Carried by the following vote: Yeas=Mayor Kintzinger,. Council- men Kolb, Schueller, Welu, Nays-None. Absent-Councilman Austin. Communication of City Manager Schiltz submitting tabulation of bids received for the construction of curb and gutter on Garfield Avenuo and recommending award- ing contract to Flynn Coal Com• pony who was 4,26% under .the Engineer's estimate. Presented and read. Councilman Kolb moved that the recommendation be .approved,. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Kolb, Schueller, Welu. Nays-None, Absont-Councilman Austin. Councilman Austin entered the Council Chamber, (Awarding Contract}. RESOLUTION N0, 157.5b Whereas, sealed proposals have been submitted by contractors for the improvement of Garfield Ave• nue (West Side Only) with Concrete Curb and Gutter from the North Property Line of Whittier Street to the South Property Line Emerson Street, pursuant to Resolution No. 147.55 and notice to bidders pub• lished in a newspaper published in said City of June 9; 1955 and June l0, 1955; and Whereas, said sealed proposals were opened and read on June 27, 1955,. and it has been determined that the bid of Thos, Flynn Caal Company of Dubuque, Iowa in the amount of $954,25 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in 'the plans and specifications; now therefore, Be It Resolved by the' City Coun• cil of the City of Dubuque that the contract for the above mentioned improvement be awarded to Thos, Flynn Coal Company and the Mam ager 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 upon the signing of said contract and the approval of the contractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bid• ders. Passed and adopted this 27th day of June, 1955. CHARLES A, KINTZING~R Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN LEO N.SCHUELLER' Councilmen Attest: William J, O'Brien City Clerk Pro Tem 278. Special Session, June 27, 1955 Councilman Kolb move9 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. Proof of publication certified to by the publishers of a statement of receipts and also a list of claims for which warpants were drawn during the month of May, 1955. Presented and read, Mayor Kint- zinger moved that proof of publi- cation be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. Communication of Mettel Realty & Investment Co, requesting that the City establish the grading on Earl Drive, Ruan Drive and Ideal Lane in Falk Subdivision and that curb and gutter on said streets be installed as quickly as possible, Presented and read. Mayor Kint- zinger moved that the communica- tion be received and filed. Second• ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, June 6, .1955 ~'a the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No.'s 1 to 5 inclusive. show- ing aschedule of the proposed valu- ations and proposed assessments for the City of Dubuque 1955 Con- crete Curb and Gutter Project No. 2, ' Submitted June 6, 1955. K, J. Cullen City Engineer RESOLUTION N0. 158.55 Se It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That the attached sheets No, l to 5 inclusive are here- by determined to be the schedule of proposed assessments for the City of Dubuque 1955 .Concrete Curb and Gutter Project No. 2 and the valuation. set out therein are ~here• by approved, Adopted this 27th day of June, 1955. CHARLES A, KTNTZINGER Mayor CLARDNCE P. WELU RAY F, KOLB RUBEN V; AUSTIN. LEO N. SCHUELLER Councilmen Attest: William J. O'Brien City Clerk Pro Tem Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Proof of publication certified to by the publishers, of notice of pen- dency of resolution of necessity for public improvements and hearing upon proposed plans and specifica• tions, form of contract and cost of improvement for construction of concrete curb and gutter on K'auf- mann Avenue, Montana Streot, Ruan Drive, Ideal Lane, Earl Drive and Southern Avenue. Presented end read. Councilman Welu moved that proof of publication be re• ceived and filed. Seconded by Coun- cihnan Kolb. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. June 21, 1955 Ta The Dubuque City Council and City Manager: Gentlemen: On June 27th you have up for final approval curb and gutter on Montana Street. This improvement originally included Mills Street and T signed the petition for that work.. The Mills Street portion, which would furnish an outlet from Mon-' tana Street to Bunker Hill Street, was deleted. Xour final proposal now consfd- ers curb'and gutter on Montana Street, with no outlet to other streets but through private lanes, namely, Merfeld and Willbright, You have made no allowance for water and sewer on Montana Street and with no access to public street your improvement is not practical It can only make unnecessary ex- pense for all property owners, Until such time as you have pub- lic access tocity streets and make r Special Session, June 27, 1955 279 allowance for water and sewer serv- Passed, adopted and approved ice I am opposed to curb and gut- this 27th day of June, 1955. ter for Montana Street, I own 160 ft, frontage on Mon- tana Street and object to your present proposah Very truly yours, D. I. Meyer DIM MW Presented and read. Councilman Austin moved that communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. June 22, 1955 Ta the Dubuque City Council and City Manager: Gentlemen: On June 27th, you have up for final approval Curb and Gutter on Montana Street, Never having signed the original Petition, I still consider it an un- necessary expense for all Property owners, as it can not be service, other than through Private Lanes. I also consider it untimely, as I will be billed at an estimated $90D.00 far Sewer and Curb and Gutter on Bunker Hill Street, which is the East end of my property; Montana Street being the West end. I own 76 feet Frontage on Mon- tana Street and object to your pro- posal. Very truly yours, Earl G. Marsch Presented and read. Councilman Austin moved that the communica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following voter Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 159.55 Resulting amending Resolution No 151.55. Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1, That Resolution No, 151.55 being the Resolution of Ne- cessi'ty for the City of Dubuque 1955 Concrete Curb & Gutter Proj- ect No. 2, be and the same is hereby amended by deleting the follow- ing portion of the following-named street therefrom: Montana Street from S,P.L, of Wilbrigh't Lane to N,P.L, of Merfeld ,Lane. CHARLES A, KINTZINGER Mayor CLARENCE P, WELU` RAY F. KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest; William J. O'Brien City Clerk Pro Tem Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote, ' Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Decision of Council upon objections to plans, specifications, form of contract and cost of improve- ments RESOLUTION N0. 160.55 Whereas, proposed plans and specifications and fm~ra of contract far the construction of concrete curb and gutter on the following portions of the following named streets, to wit; Kaufmann Avenue -from the West Property Line of Carter Road to the East Property Line of Lot 2 ofloflof2oflof2of2oflof 2 of 1 of Highland Farm. Ruan Drive -from the South Property Line of Pennsylvania Avenue to the North Property Line of Ideal Lane. Ideal Lane-from the City Corpo- ration Limits to the East Property Line of Earl Drive. Earl Drive-from the North Prop- erty Line of Ideal Lane to the South Property. Line of Pennsylvania Ave- nue. Southern Avenue-from the ex- isting curb and gutter on Lot 2 of 2 of 1 of 1 of Mineral Lot 9 to a point 301 feet south on Southern Avenue, have been approved. by the City Council of the City of, Dubuque and public notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contYracts and bonds, and the time and place fixed for the hearing of all objec- tions to said plans, specifications or contract for or cost of such im- provements, said time being this 27th day of June, 1955; and ' Whereas, the City Council met in special session this 27th day of ~" ~" 2$0 Special Session, June 27, 1955 June, 1955, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein de• scribed and proposed to be made; and Whereas, all interested parties have 'been given an opportunity to be 'heard and all objections Which have been duly weighed and considered; now, therefore Be It Resolved by the City Coun• cfl of the Cfty of Dubuque, that all objections which have been made and filed to the plans, speclffca• tfons, contract far or cost of said improvement herein described and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Bo It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the 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 27th day of June, .1955. CHARLES A. KRVTZINGER Mayor CLARENCE P. WELD RAY F. KOLB RUBEN V, AUSTIN LEO N, SCHUELLER Councilmen Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-Mono. {Necessity. for Improvement) RESOLUTION NO. 151.55 Whereas, proposed plans, specifi• cations, form of oontract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; i, The. boundaries of the district. ,, 2: The streets to be improved, 3. The width of such improve- ment. 4, Each lot proposed to be as• sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 6. In each case t'he amount there- of which is estimated to be as• sessed against each lot, for: Kaufmann Avenue - from ,the West Property Line of Carter Road to the East Property Line of Lot 2 ofloflof2oflof2of2ofl of 2 of 1 of Highland Farm. Ruan Drive -from the South Property Line of Pennsylvania Ave• nue to the North Property Line of Ideal Lane, Ideal Lane-from the City Cor- poration Limits to the East Prop• arty Line of )earl Drive. Earl Drive-from the North Prbp• arty Line o£ Ideal Lane to the South Property Line of Pennsyl• vania Avenue. Southern Avenue-from the ex ,fisting curb and gutter on Lot 2 of 2 bf 1 of 1 of Mineral Lot 9 to a point 301 feet .south on Southern Avenue, Be It Therefore Resolved that the City Council on its own motion m• upon petition of property own• ers, deems it advisable and neces• sary for the public welfare to make -the herein mentioned 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 as• sessments, they shah be deemed to have waived all objections thereto, Said improvements shall be eon• strutted and done in accordance with the plans and specifications which have been .prepared there- fore by the City Engineer which have been approved by .the City Council and are now on file with the City Clerk, That the cost and expense Of making said improve- ment will be assessed upon and against all privately awned prop- erty lying within assessable dis• Lance provided by law and in ari amount not to exceed the amount ,provided by Paw, property wih be assessed whether the same abuts Special Session, dune 27, 1955 281 thereon or fs adjacent thereto ac• cording to area and in proportion tb the special benefits conferred thereby, and .any .deficiency shall be paid .out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be 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 i the .contractor. The railway portion of any street or assessment dis• trict shall be assessed to and paid by the railway company. The above resolution was fntro• duced, approved and ordered placed ~~ on file with the City .Clerk this 8th day: of June, 1955. The foregoing resolution was fi• pally passed and .adopted, as amended, this 27th day of June, 1955: CHARLES A. KINTZIlVGER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V, AUSTIN LEO N.SCHUELLER Councilmen Attest: William J. O'Brien City Clerk Pro Tem Councilman Austin 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, (OrderineJ Construction) E RESOLUTION NO. 161.55 Be It Resolved by the City Coun• cil of the City of Dubuque that pur• 'suant to a resolution of necessity .{ No. 151.55 which was duly passed by this Council, for the construc• tion of concrete curb and gutter on the following portions of the fol• lowing named streets, to wit; Kaufmann Avenue -from the West Property Line of Carter Road to the East Property Line of Lot ' 2ofloflof2oflof2of2ofl of 2 of i of Highland Farrn. Ruan Drive -from the South Property Line of Pennsylvania Ave• nue to the North Property Line of Ideal Lane, Ideal Lane-from the City Cor• poration Limits to the East Prop• arty Lino of Earl Drive. Earl Drive-frog the North Prop• arty Line of Ideal Lane to the South Property Line of Pennsyl- vania Avenue. Southern Avenue-from the ex• fisting curb and gutter on Lot 2 of 2 of 1 of 1 of Mineral Lot 9 to a point. 301 feet south on Southern Avenue, be :and the same are her`e• by ordered and :constructed by this Council upon its own motion .and with the petition. of property own• ors. All the work shall be construct- ed in accordance with the plans and specifications heretofore adopted and now on file in the office 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 Street Fund. Payment will be made to the contractor out of funds realized from the sale of bonds to be' issued in anticipation of de• ferred payments of assessments as provided by law after the work has been completed and accepted by the City Councih Be It Further Resolved that the City Clerk be and he is hereby or• tiered and directed to advertise for proposals far the' construction of the variou's improvements lierein provided for in the manner pirovid• ed by law, the said -improvements shall be completed on or before the 60 Calendar days after date of con• tract. Be It Further Resolved that bhis resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Councih Passed, adopted and, approved this 27th day of June, 1955, ` CHARLES A. KRQTZING)•1R Mayor CLARENCE P. WELU RAY F. I{OLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilnen ` Attest: William J. -0'Brfen City Clerk Pro Tom Councilman Austin moved the adoption of the resolution, Second- 282 Special Session, June 27, 1955 ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None, Proof of publication certified to by the publishers, of Notice of hear- ing on an Ordinance amending the Zoning map and Zoning Ordinance known as Ordinance No, 3.34 by changing the Zoning Classification ofLot2of2ofloflofl6';Lotl of 2 of 1 of 1 of 16; and the easterly 75 feet of Lot 2 of 2 of 1 of 16, all iu Mount Pleasant Addition, Pre• sented and read. Councilman Welu moved that proof of publication be received and filed. Seconded by Councilman Austin. Carried by the Following vote: Yeas-Mayor Kintzinger, Council- men Austiri, Kolb, Schueller, Welu, Nays-None, ORDINANCE N0. 9455 An Ordinance amending and changing the Zoning Map and Zon• ing Ordinance of the City of Du- buque, Iowa, as provided by Ordi- nance No. 3-34 designated the Zon- ing Ordinance, so as to change from its present Single Family Resi- dence District Classification to Lo- cal Business District A. Classifica- tion, Lot 2 of 2 of 1 of 16; Lot 1 of 2 of 1 of i of 16; and theeasterly 75 feet of Lot 2 of 2 of 1 of 16, .all in Mount Pleasant Addition. Pre- sented and read. Councilman Aus- tin moved that the Ordinance be held up, pending a report from the Planning. & Zoning Commission. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, Petition of Marie V. Kisting, An• drew Kisting et al objecting to re- zoning of Lot 2 of 2 of 1 of 16; Lot 1 of 2 of i of 1 of 16; and the Eas• ter 75 feet of Lot 2 of 2 of 1 of i6 all in Mount Pleasant Addition Presented and read. Councilman Austin moved that the petition be received and referred to the Plan• ping & Zoning Commission for their reconsideration and report. Seconded by Councilman Schueller, Carried by the fallowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, eVelu. Nays--None: Mayor I{intzinger suspended the rules to permit anyone to address the Council. Mr. Andrew Kisting addressed the Council on behalf of the petitioners against the rezon• ing, stating reasons why they ab- ject to the rezoning, Mr. and, Mrs. Paul Hartel, Mrs, James Calhoun also addressed the Council stating their objections. Attorney Francis Becher addressed the Council on be• 'half of his client Mr, Al Schmidt who seeks the rezoning of the afore- mentioned area. RESOLUTION N0. 162.55 A Resolution setting time and place for hearing on Amendment to Zoning Ordinance. Whereas the Planning and Zon- ing Commission has recommended approval of the petition of Ella Nicks et al for the change in Zon- , ing Classification of the following described property in Julia Lang- worthys Subdivision; and Whereas before any amendment to the Zoning Map or Zoning Ordi- nance may be adopted a public hearing must be had thereon: Now Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa; Section 1. That a public hearing be had on the proposal to Amend the Zoning, Ordinance to change the Zoning Classification of Lots 4, 5, 6, 7 and 8 in Julia Langworthys Subdivision from Two Family Resi- dence District Classification to Mul• tiple Family Residence District Classification, on the let day of August, 1955, at 7:3D o'clock P.M. in the City Council Chamber in the City Hall in the City of Dubuque, Iowa, at which time and place all interested-parties may be heard. Section 2. That the City Clerk is hereby directed to publish notice of said hearing once as provided by law, at least 15 days. prior to the date set for said hearing.. . Adopted this 27th day of June, 1955. CHARLES A. KINTZINGER Mayor CLARENCE P. WELU RAY F. KOLB RUBEN V. AUSTIN. LEO N.SCHUELLER Councilmen Attest: William J. O'Brien City Clerk Pro Tem Councilman Welu moved the adoption of the resolution, Second• T Special Session, June 27, 1955 253 ed by Councilman Kolb. Carried by not apply to smoking in rest rooms; the following vote: restaurants, executive offices, or Yeas-Mayor Kintzinger, Council• beauty parlors in retail stores, men Austin, Kolb, Schueller, Welu, when specifically approved by the Nays-None. Fire Chief by written m•der to the ORDINANCE N0. 37.55 person having control of the prem• An Ordinance Amending and ises upon a finding that such use ~hanging'the Zoning Map and Zon• wherein is not dangerous to life or ing Ordinance of the City of Du- Property. buque, Iowa, as provided by Ordi• (b) Elevators. Elevators, regard- nance No. 3.34 designated the Zon• less of capacity, in any public ing Ordinance, so as to change the place. herein described area, Lots 4, 5, 6, (c) Public lodging houses. In 'beds 7 and 8 Julia Langworthys Sub. in hotels, dormatories and room~ from its present Two Family Resi- ing. and lodging houses, A printed deuce District Classification to Mul- notice advising, the occupant of tiple' Family Distriiet Classification, the effect of this suction shall be Presented and read, Councilman posted in a conspicuous place in Welu moved that the reading just every room in the building. had be considered the first read- (d) Public theaters. During a ing of the Ordinance, Seconded by performance in public theaters mo- Councilman Kalb. Carried by the , tfon picture houses .auditoriums following vote: Council- Yeas-Mayor Kintzinger , , gytnnasiums, and the like, includ• , men Austin, Kolb, Schueller, Welu. ~ ing the dressing roonvs, except that th rohibiti f thi ti h ll N None e p on o s sec on s a ays- .. i not apply to smoking rooms and Councilman Welu moved to sus- ~ areas and rest rooms when specifi• Pend the rules requiring reading on ; cally approved by the Fire Chief three separate days. Seconded by i by written order to the person hav- Councilman Kolb.: Carried by the .ing control of the premises, upon a following vote, 1 finding that such use therein is not Yeas-Mayor Kintzinger, Coun- ;dangerous to life or property. The cilmen Austin; Kolb, Schueller, I rohibiti f thi ti h ll Welu. Nays=None: .p on o s sec on s a not ~ be construed to prohibit smoking i by performers on the stage as part Ordinance placed on file with the ' 'I of any theatrical production. City Cler)~for at least one week for public inspection, and a public hear- Section 2. It shall be unlawful ing to be held on August let, 1955. for any person or his agent, hav ORDINANCE N0. 36.55 ing control of any premises or An Ordinance Prohibiting Smok- } Place to knowingly permit aviola- ing and Carrying of Lighted. Ob- tion of this ordinance. jects in Specified Places in the Section 3. The Fire Chief shall City; Requiring. Enforcement by have the authority to order "Smok Persons having control of the Prem• ing Prohibited by Law" signs erect- ises; Authorizing the Fire Chief to ed in any place of public assem- Prohibit Smoking where necessary blage there, in his opinion, smoky to public safety; and prescribing ing or the carrying of a lighted penalties for violation hereof, cigar, cigarette, pipe or-match, or Be It Ordained by the City Coun• any use of any spark, flame or cil of the City of Dubuque, Iowa: fire producing device, not especial- Section 1, No person shall smoke ly authorized for use. in such place or carry a lighted cigar, cigarette, would constitute a menace to life. pipe or match, or use any spark, or Property. flame or fire producing device not Section 4. Every' person, or his especially authorized for use in agent, having control of the prem- such .places by the Fire Chief, in ises upon which smoking or the any of the following places: carrying of lighted objects fs pro- (w) Retail stores. Retail stores de- hibited by, or under the authority signed and arranged to accommo• of, this ordinance, shall conspicu- date more than 100 persons, or in ! ously display upon the premises which more than 10 persons are I signs reading"Smoking Prohibited` employed, fihis prohibition shall by Law" in such number and in 284 Special Session, tune 27, 1955 such location and of such size as the Fire Chief may find reasonable and necessary. Section 5. No person shall smoke in any properly placarded place, nor shall any person remove any placard required to be erected by or under the authority of this or• dinance, Section 6. Any person, firm or corporation who shall violate any of the provisions of thi's Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not to exceed one hundred dollars ($100). `Phis Ordinance shall be in full force and effect from and after its final adoption and publication as provided by law. Passed, adopted and approved ~ this 27th day of June, A.D,1955. ~°`"" CHARLES A. KINTZINGER Mayor RUBEN V. AUSTIN RAY F, I{OLB LEO N. SCHUELLER CLARENCE P, WELU Councilmen Attest: William J. O'Brien, City Clerk Pro Tem Published officially in the Tele• graph Herald Newspaper this 1st day of July, 1955. William J, O'Brien City Clerk Pro Tem it July 1 Councilman Welu moved the adoption of the Ordinance. Second• ed by Councilman Schueller. Car- ried by the following vote; Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu, Nays-None. June 16, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, Because 'of the increase in both pedestrian and vehicular traffic at the intersection of 4th and Cen- tral, an investigation was made by the Police Ddpartment to de• termine whether it would be prac• tical to remove the green right turn arrow in the southwest corner of 4th and Central. Under present conditions a ve• hide traveling south on Central can make a right turn west on 4th Street against a red light. With the increase o€ pedestrian traffic this creates quite a safety problem and it is the recommenda- tion of the Police Department, in which I concwr, that the green right turn be removed from this intersection. Respectfully subntted, , L. J. SCHILTZ, City Manager LJSao Mayor Kintzinger moved that the recommendation of the City Mari• ager be approved. Seconded by Councilman Kolb. Carried by the fallowing vote; Yeas-Mayor Kintzinger, Councll• men Austin, I{olb, Schueller, Welu. Nays-None. June 18, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The petition of Harold McMahon and others requesting the installa• ,tion of a street light on Rosedale bettiveen St. Ambrose and Avoca Streets was referred to the City Manager and Electrical Inspector for recommendation and report. The distance between lights in this area is 520 feet which is more than the recommended spacing of street lights on a street with the number of homes and amount of traffic as exists at this location, It is recommended that a street light be installed on Pole No. 207- 452B which is approximately mid• way between St. Ambrose and Avo- ca Streets, Respectfully submitted, L. J. SCHILTZ, City Manager WSao Councilman Welu moved that the recommendation of the City Man• ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb; Schueller, Welu, Nays-Mono; June 16, 1955.. To the Honorable Mayor and City Council, llubuque, Iowa... Gentlemen; During the past there has been a discrepancy in -our City ordi• nances regarding the construction T Special Session, June 27, 1955 285 of septic tanks and also the inspoc• Lion of these tanks during construc• tian. I am attaching an ordinance which has been prepared by the City Solicitor setting forth the re• quirements for the construction o'f septic tanks and requiring that they be inspected as part of the plumbing of the building: I recommend that the City Coun• cil approve Phis ordinance as it is in the interest of owners of prop- erty constructing septic tanks as well as the City. Respectfully submitted, L. J, SCHILTZ, City Manager LJSao ' Councilman Weln moved that the recommendation of fibs City Manag- er be approved. Seconded by Caun• Gilman Austin; Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schuoller, Welu. Nays-None. ORDIPJAhlCE NO. 38.55 An Ordinance Regulating the Construction of Septic Tanks and other Private Sewage Disposal Sys• terns, and Providing a Penalty for the Violation thereof. Presented and read, Councilman Welu moved 'that the reading just had be con- sidered the first reading of the or• dinance, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None, Councilman Welu moved that the rules requiring the reading of an ordinance on three separate days be suspended. Seconded by Coun- cilman Kolb, Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Austin, Kolb, Schueller, Welu, Nays~None, Be It Ordained by the City Cbun• Gil of the City of Dubuque, Iowa, as follows; Section 1. No septic' tank or oth• er private. sewagedisposal system shall be constructed in the City of Dubuque unless a permit therefor has first been granted by the City Sanitary Inspector in the manner hereinafter provided. Section 2. Any person, firm or corporation desiring to construct a private sewage disposal system within the City shall make appli- cation therefore to the City. Sani• tary Inspector showing the name and address of the owner, the ap• plicant and the person who will perform the work, the description of the premises to be served and a plan showing the location and design of the septic tank and sec- ondary treatment, and the location of any wells within 75 feet of the premises. Section 3. If the Sanitary Inspee• tor, after an inspection of the prem• ises and plans, shall find; (a) That the location and design is in accordance with the Regula• tions of the State Department of Health; (b) That the disposal plant is adequate for the premises to be served; (c) That it is not likely to create a nuisance to abutting property, and (d) That there is no public sewer within 200 feet of the premises, he shall issue a permit therefor and advise the Plumbing Inspector. Sectioro 4. Notwithstanding the provisions of tbhis Ordinance no such disposal plant shall be con• nected to any house drainage sys• tern except in accordance with the provisions of the Ordinances regu- lating plumbing; Section 5. Any person, firm or corporation violating the provisions of this ordinance shall be guilty of a misdemeanor and upon convic• tion thereof shall be fined in-any sum not more than $100 or be im- prisoned not more than 30'days: Passed, adopted and approved this 27th day of June, 1955. CHARLES A. KINTZINGER Mayon CLARENCE P. WELU RAY F. KOLB .: RIIBEN V.-AUSTIN LEO N. SCHUELLER Councilmen.. Attest; William J. O'Brien,_ _ City Clerk, Pro Tem Published officially in' the Tele• graph Herald Newspaper this 1st day of July, 1955, William J. O'Brien, City Clerk Pra Tem It July 1 286 Special Session, June 27, 1955 Councilman Welu moved the adoption of the Ordinance- Second- ed by Councilman Kalb. Carried by the following vote; Yeas-Mayor. Kintzinger, Coun- cilmen Austin, Kolb; Schueller, Welu, Nays-None, June 16, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of the Dubuque Bank & Trust Company requesting that the restriction on one-way traf- fic on the alley between Central and Iowa and running from 13th to Loras Boulevard be removed was referred to the City Manager and Traffic Department for study and recommendation. The only access to the planned parking lot of the Dubuque Bank & Trust Company will be from the alley. above mentioned and this alley is presently limited to north bound traffic- In as much as this alley is not continuous from 4th to Loras Bonle• vard, it is recommended that traf- fic into the alley running from 13th to 14th Street be allowed to pro- ceed north and south. This would mean that the traffic ordinance Schedule I, IA be amend- ed by haying it read: In the alley between Iowa and Central from 4th Street to West 13th Street. Respectfully. submitted,. L. J. SCHILTZ, City Manager " LJSao Councilman Austin moved that the City Manager's recommenda- tion be referred to the City Council far further study. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. , June 16, 1955 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I have prepared a plat of the va- cated alley between Lots 12 and 13 in Yates Sub. This is the parcel of property that the Council has agreed to sell and have the offer of Lucille Iildebrand in fhe amount of $50.00• I recommend that the property be sold to Lucille Hildebrand for the amount offered. plus $25.00 for nec- essary .engineering. expense and that proper proceedings , be pre, pared.. Respectfully submitted;:., L, J. SCHILTZ, City Manager LJSao Councilman Austin moved that the recommendation of the City Manager be approved, Seconded by Councilman Wehr• Carried by the following vote; ' Yeas-Mayor Kintzinger, Councll• men Austin, Kolb, Schueller, Welu• Nays-None. June 17, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The following Property; far en- larging Flora Park,. has been pur- chased according to the resolution. adapted accepting the gift from the Wahlert Foundation, Lot 1 of Lot 1 of Lot 2 of Mineral Lot 399A. Lot i of Lot 1 of East ~Z of Lot 4ofLotlofLotlofLot2ofJ.P. Mettel's Subdivision, Located on this property are buildings that should be removed in order to landscape the grounds, I recommend that these buildings be .advertised for sale and sold to the best bidder for demolition or removah Respectfully submitted; L. J. SCHILTZ, City Manager LJSao . Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb; Schueller, Welu. Nays-None. June 16, 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 Special Session, June 27, 1955 287: Works for the month of May as well as list of claims and list of payrolls for which warrants were issued for the month of May, 1955, Respectfully submitted, L. J. SCHILTZ, City Manager LJS;Io Councilman Welu moved that the reports be received and placed on file, Seconded by Mayor Kintzinger. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin; Kolb, Schueller, Welu. Nays-None, June 20, 1955 To the Honorable Mayor, and City Council, Dubuque, Iowa Gentlemen; Because of my personal business I hereby offer and submit my res- ignation as a member of the Board of Plumbing Examiners of the City of Dubuque. It is unfair to the other two members. on the );xamining Board to carry on duties with one member absent and_should I continue as a member of the Board, this would be the case many times. Very truly yours, C• P. 9J~ELU Member of Board of Plumbing Examiners LJSao cc: Mr. C• P. Welu Councilman Austin moved that the resignation be accepted viith regret, and that Councilman Schueller be appointed to fill the vacancy. Sec- onded by Councilman Kolb• Carried by the following vote: Yeas--Mayor Kintzinger, Councih men Austin, Kolb; Schueller, Welu. Nays=None, Petition of Arano Lolwing re• questing a refund of $100,00 on the unexpired Class "B" Beer Permit No. 156, as he has discontinued business. Presented and read. Coun• cihnan Kolb moved that petition be granted and the City Auditor in• structed to draw a warrant in the amount of $100.00 in favor of Ara- no Lolwing. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yoas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Packing Company requesting a restricted p'lumber's license to Archie Kuehn. Presented and read. Councilman Schueller moved that petition be granted and referred to the Plumb-' ing Inspector, Seconded by Council- man Austin- Carried by the follow- ing vote: Yeas-Mayor Kintzinger,. Council- men Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Gerald J. Trie- weiler in the amount of $8.77 for damages to his car, resulting from sunken asphalt in the street. Pre• sented and read. Councilman Austin moved that the claim be referred to the City Solicitor for his inves• ligation and report, Seconded by Councilman Kolb. Carried by the following vote:. Yeas-Mayor Kintzinger, Councll- men Austin, Kolb, Schueller, Welu. Nays-None, Communication of Sports Fromot- or's Association, Inc- for permis• sign to have a "Fireworks Display" at the Dubuque Sports Bowl on City Island, July 4th, 1955, Present ed and read- Councilman Austin moved that permission 'be granted. Seconded by Councilman Schueller. Carried by the following votei Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Communication of Andrew J. Ksting requesting consideration on the appointment that will be made to fill the vacancy of the unexpired term of Councilman Ruben V. Aus- tin- Presented and read. Council- man Kolb moved that the request be referred to the City Counci'1. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Petition of Garland Lynch et al to have the alley between Bunker Hill Road and Finley Street,opened. Presented and read, Councilman Austin moved that the Council view the grounds. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun'cil• men Austin, Kolb, Schueller, Welu• -.Nays-None. Communication of the Interna- tional City Managers' Association extending. an invitation to City of Dubuque to be represented by the 288 Special Session, June 27, 1955 City Manager at the 41st Annual Conference of the International City Managers' Association to be held at Mount Washington Hotel in New Hampshire, October 5 'to 8, 1955. Presented and read. Council• man Welu moved that the City Man• ager attend the Conference. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Communication of Schlueter In• surance Agency requesting release of the sidewalk License Bond of Dan W. Schmalz, Presented and read. Councilman Kolb, moved that the request be granted. Seconded by Councilman We'lu, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-~1one. Communication of Schwietering & Wallis requesting cancellation of Policy No. MPL 69944 covering Du- buque Plumbing and Heating Com- pany. Presented and read. Council- man Welu moved that the request be granted. Seconded by Council• man Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, Communication of Lions Club by S. Tabak requesting the issuance of a license to hold a fund raising exhibit for the Lions charitable .causes, Presented and read. Coun• Gilman Kolb moved that the request be granted. Seconded by Council• man Schueller,. Carried by the fol• lowing vote.. Yeas-Mayor Kintzinger, Councii~ men Austin, Schueller, Welu. Nays-None. Notice of claim of -Mary Welland in 'the amount of $6,25 for damages to her car resulting from the street sinking 3 inches, Presented and read. Councilman Austin moved that. the claim be referred to the City Solicitor for investigation and xeport. Seconded by Councilman Welu. Carried by the following vote r Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-~Nono. Notice of claim of Wayne Hostet• ter in the amount.of $15,00 for danr• ages to his car resulting from tree roots pushing the curb out of line:. Councilman Austin moved that the claim be referred to the City Solici- tor for investigation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Notice of claim of Mrs. Kathleen M. Grant in amount of $1000 for personal injury sustained when she stepped into a grass covered hale in the park between 6th & 7th Streets on Locust, Presented and read, Councilman Austin moved that the claim be referred to the City Solicitor for his investigation and report. Seconded by Council- man Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. Petition of Leland Stocker et'al requesting the City Council to au- thorize the installation of curb and gutter and hard blacktop surfacing of Meadow Lane, from Dodge Street north to Lombard St, Presented. and read. Councilman Welu moved that the request be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas~Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu: Nays-None. Petition of Robert J. Jordan`et al requesting the installation of water in South Lorimer Street during the year 1955. Presented aril read. Councilman Austiri moved that the petition be referred to the City Manager. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Iintzinger, Council- men Austin, Kolb, Schueller, Welu: Nays-None. Mayor. Kintzinger suspended .the rules to permit Robert .Jordan to address the 'Council in regards to his .petition. Petition of Robert L, Oeth et al requesting that a street light be installed at the intersection of Needham Place and Sixth Street: Presented and read. Councilman Schueller moved that the petition be referred. to the City Manager T Special Session, June 27, 1955 289 for his investigation. Seconded by Councilman Austin. Carried by the following vdte: Yeas-.Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. Notice of claim of Don B. Tauke in the amount of $68.79 for dam- ages resulting from a clogged city sewer: Presented and read. Council• man Austin moved that the claim be referred to the City Solicitor for his investigation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Council- rnen Austin, Kolb, Schueller, Welu, Nays-None. Conununication of Interstate Pow• er Company by A, J. Dupont, re• garding the. lighting of the bridge, stating that the City of Dubuque Bridge Cormnission has advised the Interstate Power Co. to discontinue the lighting of the bridge as of June 30, 1955, Presented and read, Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, Mayor Kintzinger suspended the rules to permit A. J. Dupont to ad• dress 'the Council concerning the problem of lighting the bridge. Councilman I{olb moved that the City of Diibuque keep the four lights in operation at the intersec• tion of Dodge and Locust Streets. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. ATays-None. Communication of Board of Dock Commissioners recommending the approval of the sale of the Wharf Barge to the Western Contraction Company .for $26,500. Councilman Schueller moved that the recom- mendation be approved and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, tiVelu, Nays-None, Mayor Kintzinger suspended rules to permit Kennetfr Amos to address the City Counci! concern- ing curb and gutter on Montana. Stroet, which he is in favor of. Carl Nank also addressed the Council concerning the grade on Drexel Avenue and its affect upon his property, June, 23, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have received a letter from Con- soer Townsend and Associates, the consulting engineering firm design- ing our Hardness Reduction Plant of Dubuque. They recommend that the eon struction of this plant be under one single contractor and that the con- tractor is responsible for. all sub- contractors working under him, According to their experience, they feel that this will result in a minimum of delays and compli• cations in construction, the earliest completion date, and very probably the maximum use of local construc- tion talent. I recommend that the Councii approve the construction of the plant under a single contractor and that the City Manager be instruct- ed to notify the consulting engi- neers. Respectfully submitted, L. J. SCHII,TZ City Manager LJSao Councilman Kolb moved that the recommendation be approved. Sec• ondod by Councilman Welu. Car• vied by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. June 23, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Transmitted herewith is the:aud• it of the City from July1, 1954 to 'December 31, 1954 by the firm of Brooks, O'Cohnor and Brooks, A copy of this report has been forwarded by the accounting firm to the State Auditor as is required under the Code of Iowa, According to the audit and a re- por°t of the findings, all transac• Lions by city departments during the period covered are in order and 29p Special Session, June 27, 1955 all cash and securities have been accounted for. 'According to legislation passed by the last General Assembly, notifi- cation of this audit must be given to the local newspaper, and radio stations. Respectfully submitted, L. J. SCHILTZ, ' City Manager IJ~Sdo Communication of the City Man- e ager submitting audit of city reo- arils by Brooks, O'Connor & Brooks for the year. 1954. Presented and read. Councilman Kolb, moved that the audit be received and filed. Sec- onded by Councilman Austin. Car- '. Tied by the following vote: Yeas-Mayor Kintzinger, Councii• men Austin, Kolb, Schueller, Welu. ' Nays-None. June 25, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The City of Dubuque has been fortunate in having a member of the Police Department trained in the field of Traffic Engineering, Administration and Education. The cost of training this officer 'has ,been repaid many times by using his training and experience in helping to solve local conditions. Chief Callahan 'has informed me that we should take steps to train some officer in this type of work as Captain Andresen will be eligi• ble far retirement in November of 1955. 1Vorthwestern University Traffic Institute has announced their 1955• 1956 Police Fellowship and Scholar ship program, which includes a`nine month course in Traffic Police Ad• ministration. A stipulation that the University makes is that the applicant be ell- Bible for promotion on the Police Department. Three officers of those eligible for promotion expressed a desire to be considered a candidate after being interviewed by Chief Callahan. These officers would lie subject to an examination by a member of the faculty of the Traf- fic Institute before final selection would be made. Ths three officers are: Robert O'Brien, Eugene Leh• man-'and Car Vander Meulen. In order for one of these offi- cers to attend this school, it will be necessary for the city to assume some of the expenses. These ex- penses vary from $2744.bD down to $1094.50 depending on whether full tuition is paid or a fellowship or scholarship is received. It is the belief of Chief.. Callahan that the officer selected by the Uni- versity from one of the three men eligible would adequately represent the Dubuque Police Department while attending the school. I recommend.. that one of the men selected and approved by the Traffic Institute be authorized to attend this school, and that the City of Dubuque assume whatever addrtional cost necessary for this man's expense. Pespectfully submitted, L. J. SCHILTZ, LJSao Councilman Kolb moved that the recommendation of the .City Man- ager be approved. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. June 25, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa ' Gentlemen: This is to advise that I have ap- proved the following bonds and de• sire. to have your approval on same For filing, subject to the approval of the City Solicitor: SIDEWALK Frank Farrell, Merchants Mutual Bonding Company Carl Blosch, Merchants Mutual Bonding Company HEATING J: M: Brennan, Inc., American Cas- ualty Company Curtis-Straub Company, Central Surety and Insurance Corp..... Harry E. Lewis, Western 'Surety Company Waterbury-Dubuque Company, The 'travelers Indemnity Company Louis Knoernschild, (Ideal Plbg. IIt.), Western Surety Company Howard J. Kenneally (I{enneally Fuel ~ Heating Sheet Metal), United States Fidelity R~ Guar- anty Co. T Special Session,. June 27, 1955 29l" Linehan & Molo, Inc., United States Fidelity & Guaranty Co. Delbert J. Howe (Howe's Gas Instal- lation Service), Western Surety Company EXCAVATION Heitzman Construction Co. Corpo- ration, Fidelity and Casualty Company of New York H. M. Steger and F. T. Steger (Ste- ger Construction Company), Fi• delity and Casualty Company of New York. BLASTING Russell A. Schueller (Schueller & Company), American Surety Com- pany of New York Councilman Kolb moved that the bonds be approved and made amat-' ter of record. Seconded by Council- man Welu. Carried by -the follow- ing vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None. Respectfully submitted, L, J. SCHII,TL, City Manager June 27, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Kenneth Schmer• bach and others requesting the improvement of Woodward Street. from . Montcrest to Seward Street and the opening of Seward Street was referred to.the City Council to view the grounds. Upon viewing the grounds the decision of the Council was that the City Engineer should survey the proposed improvement to deter urine if a reasonable grade can be established and if the street could be graded without approaching pri• vote property. T recommend that the decision of the Council be confirmed. Respectfully submitted, L .J. Schiltz, City Manager LJSao Councilman Welu moved that the decision of the City Council be con- firmed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Maym~ Kintzinger, Coun- cilmen Austin, Kolb, Se'hueller, We'lu, Nays-None.. June 27, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Mr. 3c MTS. Claus Schlichtmann and others requesting curb and gutter for Woodworth from Lowell to Montcrest was re- ferred to the City Council to view the grounds. The decision of the Council upon viewing the grounds was that Woodward Street be placed on the 1956 Curb and Gutter Project and that the City. Engineer be instruct- ed to prepare a plat and schedule. I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHH.TZ, City Manager LJS:Ia Councilman Sahue'11er moved that the decision of the Council be con• firmed. Seconded by Councilman Welu. Carried by the .following vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Weltt. Nays-None, Jttne 27, 1955 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; The communication of the North End, Wrecking Company objecting to the proposed ordinance for the establishment of a metal fench around property of junk yards or auto wrecking establishments was referred to the City Council to view the grounds. Upon viewing the grounds and discussing the problems in connec• tion with this proposed ordinance, it was the decision of the council that 'the setback from the street of 100 feet or from the side yard of 20 feet would be Satisfactory in lieu of constructing a metal fench. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHH,TZ, City Manager LJSao Councilman Schueller moved that the decision of the Council be con• firmed. Seconded by Councilman WeIu. Carried by the following vote; 292 Special Session, June 27, 1955 Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, Communication of Dubuque Boat Club petitioning the Council to grant them the Eagle Point River Front area, and the use of the Water Worlcs grounds west of Front Street, for the purpose of parking cars, Presented and read. Councilman Welu moved that the request be granted, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of claim of Mrs, Mazie A. Walker for personal injury sus- tained due to broken pavement on edge of white crossing line at 8th & Main Streets, Presented and read. Councilman Welu moved that claim be referred to the City Solicitor for his investigation and report. Seo- onned by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None. June 27, 1955 To the Honorable Mayor, City Manager and City Council,. Dubuque, Iowa Gentlemen: This will advise your Honorable Body that on June 24, 1956 the Planning & Zoning Commission granted final approval of follow- ing plats, (1) "Moare's Heights" Subdivi• Sion (2) "Cherokee Place" Subdivision Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary Councilman Welu moved that the approval of the plats be referred to the City Solicitor, .Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. June 27, 1955 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen: In connection with the applica• tian of Mr, Angelo Kerper et al for the rezoning to Local Business Clas- sification of part of St. Anne's Sub, at Pennsylvania Ave, and Chaney Road; the Planning & Zoning Com- mission bas studied this area care- fully and feels that any Local Busi• ness District need be limited in size and held fairly closely to the intersection of these two streets. The land to the west of Lot 1St. Anne's Sub, is now being subdivid• ed, and will undoubtedly have pro visions for an extension of pro- posed Local Business District west- erly along Pennsylvania Ave,. Hence, the Planning & Zoning Commission respectfully recom- mends to your Honorable Body the rezoning of Lot Na. 1 of Block No. 1 of St. Anne's Sub, and Lots 386, 387, 388, 408, 409, 410 Lenox Add. to a depth southerly of 150' from Pennsylvania Ave, be rezoned to Local Business "A" Classification. Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay, Secretary Councilman Welu moved hat the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Kolb, Car• ried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None, June 27, 1955 To the Honorable Mayor, City Manager and City Council, Dubuque, Iowa Gentlemen; The Planning & Zoning. Commis- side Considered the petition of The Holy Ghost Church; Inc.. referred to said Commission by your Honorable Body NIay 23, 1955, and as that part of 29th St, westerly of Central Ave, ends abruptly in a bluff with not reasonable possibility of exten- sion, and as the Holy Ghost Church, Inc. owns the property on both sides of same, the Planning & ton- ing Commission sees no future use of same to' the City, and therefore recommends that you grant the petition, at the same time reserving to the City of Dubuque all utility T Special Session, June 27, 1955 Zg3 rights over and under same now owned by said City, Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V, McKay, Secretary Councilman Schueller moved that the recommendation of the Plan• Wing & 'Coning Commission be ap- proved and referred to the City Solicitor, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, Resolution No. 163-55 BE IT RESALVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque be granted a permit to sell cigarettes and cigarette papers within said Cfty and the Manager is directed to issue such permit on behalf of said City, Name Address Merlin K. A~bing, 408 West Locust Street, Andrew D: Karigan and Gust Karigan, 401 Central Avoriue. Merlyn L, Weber, 1904 Central Avenue: Merlin P, Michel, 330 Main Street. Helen M, Cahill, 35 Locust Street, Donald M. Love, 250 West Sixth Street. Louis Anthoine, 119 West Sixth Street. ! Mrs. Margaret Kelly, 1713 Cen~ teal Avenue, Elmer L. Treivieler, 2103 Jack- son Street. Dubuque Metal Trades Council Club; 111 West Sixth Street, Florence Deutsch, 1298 Main Street, Anthony ~C. Mihalovich, 1900 Washington Street, John F. Glynn, 659-679 Central Avenue, Carl N, Brant and Bernard Arensdorff, 2600 Central Avenue. Barry A. Rawson, 342 Main Street, Frank H. Berntgen, 2186 Central Avenue, Knights of Columbus, 781. Locust Street, Fred N. Randle and Vada G, Ran• dle, 701 Central Avenue. Alan R, Uppinghouse, 238240 West Sixth Street, Leo Sun, 206 West Third Street, Gus L, Manternach, 1105 Loras Boulevard. Harold A. Cosley, 1121 University Avenue, Wareco System of Iowa, 704 Rhomberg Avenue, Hollywood Gri11, 500 Main Street. Mrs. Addle Geske, 253 West Flrst Street, ? John M, Ward, 2284 University Avenue. Laverne Felderman, 18$9 Jack- son Street, Diamond's Grill, 900-910 Main Street, Iowa State Commission for the Blind, Post Office Building, Sixth and Locust Streets, Ernest Latham, 1499 Jackson Street. The Kroger Company, 270 Wost Sevetuth Street, °The Great Atlantic and Pacific Tea Company, 1101 Central Ave• nue. Dell Warren and Ralph Warren, 1700 Central Avenue. Mrs. Lfnnie ;Dunbar, 679 Central Avenue. Francis P, McCauley, 1040 Uni• versity Avenue. John H, Eggerichs,75 E. Fourth Street. Fischer Bowling Lanes Club, 880 Locust Street, Mrs. Elsie Spiegelhalter, 410 East , Twenty-fifth Stroet. Tenenbom's Super Market, Inc., 630 Locust Street, Tenenbom's Super Market, Inc,, 200 South Locust Street, Merlin Apel, 1196 Dodge Street. Peter S, Sfikas, 760 East Six- teenth Street. Earl J, McNamara, 1046 Univer- sity Avenue, Stampfer's Department Store, 800 Main Street. George R, Hunt and Christopher C. Gratz, 801 Main Street, John J, Ludescher, 1897 Sem% nary Street, Arthur J. Trapp, 1266 Central Avenue. Edwin J. Hafeman, 2370 Rham- berg Avenue, Mrs. Florence Young, 2038 Cen• teal Avenue. Walter W, Knoll, 205 Kaufman Avenue, 294 .Special Session, Michael A. Pusateri and Gus Pus- ateri, 1098 Main Street. Joseph S, Polfer, 2612 Dodge Street, Albert H, Hochausen, 1573 Elm Street. Roshek Bros. Company, 700.798 Locust Street. American Legion, Dubuque Post No. 6, 290 West Fourth Street. B;P.O,E, Lodge No. 297, Seventh and Locust Streets, Mrs. Josephine Wingent, 400 Rhomberg Avenue, Glen Miller, 185 Main Street, Joseph Frommelt, 1555 Central Avenue, Louis A, Ring, 155 West 11th Street. Carl Van Duehnan, 590 Seminary Street. The Sunshine Circle•Finley Hos- pital, 1480 Allison Place. George P, Arvanitis, 1958 Central Avenue. Vernon Meyer, 530 East 22nd Street, Mrs. Josephine Nicks, 103 East 22nd Street, George J, Trirnpler, 1701 Asbury Street. Mrs, June Bull, 779 Iowa Street. John F. Tench & Vincent W, Mescher, 1233 Rhomberg Avenue, Joseph J. Weiner .and Evelyn Weiner, 709.. University Avenue, Thomas A. Oeschger, 815 West 5th Street, Richard G. Rink, 1260 Washing- ton Street. Augustine L, Meloy, 1481 Dodge Street, Walter Mengis and Joseph F, Shannon, 1618 Central Avenue. St. Joseph Mercy Hospital Gift Shop, James and Peabody Streets, Robert E, Sullivan, 620 South Grendview Avenue. John E, Swan, 2403 Central Ave• nue. Leonard P. Bertsch, 304.326 Main Street, Earl G, Corbett, 908 Rhomberg Avenue. Paul A. Leonard, 239 West 6th Street. Francis E, Kelly, 1075 Dodge Street.. Arthur. H, Eichrnan, 2119 Rhom• berg Avenue, Raymond McLaughlin, 2222 Cen- tral Avenue, William Wagner, 1501 Rhomberg Avenue. June 27, 1955 Beecher Oil Company, 2399 White Street, Clyde L, Bradley, 3198 Central Avenue, Russell Evans, 29 Eighth Avenue: John J. Hickey, 55 Locust Street, Noah W. McNamer, 216 West 1st Street, R. Daniel Winders, 2204 Central Avenue, John and Rosemary Baurnhover, 2401 Windsor Avenue, Fred C, and Winifred S. Potter- veld, 498 North Grandview Avenue. Mrs, Rose Tschiggfrie, 1091 White Street. Nick J. Kapp, 253 East 21st Street. Hubert J. Kress, Jr., 532 East 22nd Street. Merle J. Felderman, 2700 Jack- son Street, James J: Scherr, 1198 White Street, Dubuque Packing Ca (Retail Store), 16th and 5ycarnore Street.. Thelma Mardauss, 349 Eight Ave- nue. Eldon A, Biver, 609 East-22nd Street. Cletus N, Pauly, 1255 Central Avenue. Don. Schroeder, 2890 Central Avenue, Thomas F. McDonough and Ruth McoDnough, 1064 University Ave- nue. Loras College, 655 Loras Boule• vard. Mrs, Marie Sand, 2498 Central Avenue. Kenneth Goetzinger, 2412 Cen- tral Avenue, Carlyle R. Fett and Doris A; Fett, 5 Eighth Avenue, John J. Heiderseheit, 1278 Cen- tral Avenue. Thomas, Lilly, 714 Main Street, George Lanser and Helen Lan- ser, 2108 Central Avenue. James V. Walker and Marie Wal- ker, 553 Eighth Avenue, Robert A. Freund, 805 West 5th Street, Charles W. Callahan, 2635 Uni- versity Avenue, Melville L, Donovan, 1876 Cen- tral Avenue. Ruben J. Weber, 25 West 7th Street, John C, Neumeister, 729 Lincoln Avenue. Vincent Teeling, 115 East 22nd Street. r Special Session, June 27; 1955 295 Walter G. Thorpe and Earl Mar- dauss, 951 Main Street, Mrs. Margaret J. Westercamp, 1399 Jackson Street, Ernest W, Pfalzgraf and Anthony L. Feel{er, 1300 Central Avenue, Helen M. Hafeman, 2003 Wash- ington Street. Ralph J, Cremer, 731 Rhomberg Avenue. Frank W. Thompson and John F, Thompson, 250 West 1st Street, Irvin G, Hessel, 2678 Central Av- enue. I Clifford Steffen, .1103 Iowa Street. ' Mrs. Eileen Wunder, 1006 Cen• txal Avenue. Joseph F. Oberhoffer, 1395 Browns Avenue, Mrs, Glen McArdle, 3165 Central Avenue, William O'Neill, 244 West 1st Street. Mrs: Louise Pitz, 2995 Central Avenue. Mrs, Elsie Vrotsos,1253 Washing- ton Street. A: J, Euder, 534 Rhomberg Ave- nue. John J. Engling and Bernadette Engling, 2997 Central Avenue, William J, White, 1995 Asbury Road, Jack Solomon, 555 Main Street, Melvin C. Lynn, 424 West Locust Street. R, S, Ruegnitz, 629 Rhomberg Avenue. Kissell Grocery, 611 University Avenue. National Tea Company, 896-898 Main Street, John M. Thompson and Clarence E. Thompson, 210 West 1st Street. Jerome J. Love, 37 Eighth Av enue. Harold J. Love, 802 Iowa Street, Harold A. Casey; 655 Seminary Street. Mxs, Victorina Ellis, 120 West 4th Street. Mrs, Rose Huseman, 177 Main Street. Francis A. Mettel,, 2541 Central Avenue. James P, Kachevas, 493 Main Street, Harold Steinhoff, 241 Main Street, Vincent J, Hogan, 231 Wost 2nd Street. ..Ray Luchsinger and Angeline Luchsinger, 2372 Central Avenue, Harry Murphy and Dorothy Mur- phy, 1097 Jackson Street, Fraternal Order of Eagles, Aerie No, 568, 6th and Locust Street.. Otto J. Dunbar, 2401 Jackson Street. George J, Zillig, 234 West 9th Street, Lester A, Foell, 1638 Central Avenue.' Mathias A. Schneller, 132 Eighth Avonue. Frank Sand and Elsie Sand, 2364 Washington Street, Leonard H. Crane, Bunker Hill Club House. Eldo Block, 53 West 12th Street. Henry C. Torrey, 400 Iowa Street, Frank Smith, 310 East 30th Street. Milton F. Fink, 3165 Central Avenue. Fred Weiner, 1101 White Street. Fred Kamentz, 1697 Jackson Street, Fred Frary, 2220 University Av- enue. LeRoy Utzig, 802 Central Avenue, Sylvester A, Weiner and Dolores V. Weiner, 201 East 22nd Street, George T. Vrotsos, 605 Main Street. Herbert E, Althaus, 1575 Central Avenue. Frank A. Karigan, 720 Main Street. Joseph P, Hillard and Bernice Hillard, 431 Rhomberg Avenue, Alfred Hedley, 509 Eighth Street. John B. Burgmaier, 2600 Jackson Street: Cruso A. Alba, 2601 Jackson Street. Clarence P. Haupert, 1703 As- bury Street. Joe Guinta and Marco Guinta, 2022 Central Avenue. Paul Schollmeyer, 176. Locust Street. W. P. Beatty and F, G, O'Toole, 263 Main Street. Robert J. Bowen, 1105 University Avenue. Donald W. Schuster, 2404 Central Avenue. James W. Baxter, 1501 Central Avenue. Francis O'Toole, 280 Main Street. Arthur Apel, 1176 Iowa Street. American Veterans of World War II, 429 Main Street. Richard Schueller, 2900 :Jackson Street. ir.._ 296 Special Session, June 27, 1955 Jay M, Riedi, 1543 Central Av- enue. Joseph J: Schulte, 450 West Lo- cust Street. Eugene R. Zimmerman, 1563 Cen- tral Avenue. Leo F, Link, 1487 Central Ave- nue: Harry N. Gantert, 1301 Rhom- berg Avenue, Harold 0, Specht, 3003 Asbury Street. Elinor E. Meyor, 1828 Central Avenue. Floyd Barnhart, 1646 Central Av- enue. Theodore G. Kanavas, 1689 Elm Street. Leo P. Manahl, 785 Grovoland Place. Frank J. Pusateri, 1296 Central Avenue. Edward A. Haberkorn, 2616 Windsor Avenue. Justin L. Johanningmeier, 1879 Central Avenue. Norbert H. Saucer, 2774.2776 Jackson Street. Disabled American Veterans Club, 951r/z Main Street. Gerald Francis Herberger, 2987 Jackson Street. John E, Bell, 236 West 1st Street, John L. Savory and Viola Sav- ory, 827 Dodge Streot. James Wattl and Dolores E. Waul, 2850 Burlington Street. Joseph A. Kramer and Louis P. O'Connor, 55 East 7th Street, Dorance E, Cox, 2613 University Avenue. Angella E. Martin, 280 Locust StreeE. Alford F, Finch, 1347 Central Avenue. James H. ,Scherer, 1187 Iowa Street. Carl E, Miller, 1096 Central Av- enue. Thomas E. Nacos, 720 Iowa Street, Klauer•Julien Hotel Co., 2nd and Main Streets, Leo J. Glaser, 90 So: Locust Street. Herbert Bisping, 1401 Elm Street, John E, Noel, 2400 Central Av- enue. Mrs, Kathleen Jorgenson, 649 East 16th Street, Mrs. Rosemary Hird, Eagle Point, Harry Kopple, 1098 University Avenue. Tony Helling, 62 Locust Street. Edmund H. Callahan, 1105 Wal- nut Street. Zeno A, Tranel, 598 Main Street. Carl L. Noe1,1080 University Av- enue. Charles E. Kritz, 901 Rhomberg Avenue. IIizabeth Mary Raines, 678 Cen- tral Avenue. Geo. C. Kruse, 2418 Central Aw enue. Arnold J. Welter, 1100 Lincoln Avenue, Fratornal Order of Orioles, 1600 Central Avenue. Triangle Cafe, 926 Main Street, Clarence Ney, 1703 Maple Street, Mrs. Marie Maas, 620 East 16th Street. Clarence J: Kipper, 1585 Dei'hi Street. Harriot Bush, 700 East 16th Street. Monte Carlo Restaurant, 353 Main Street. Anton Fortmann Company, 253 Main Street. Mrs. Clara M. Reuter, 3050 As- bury Road, Roy Brammer and Rex Brammer, 1306 Delhi Street. Roger M. Bertsch, 326 Main Street. Edward J. Tracy, 1598 Elm Street. Donald E, Wertz, 1545 So, Grand- view Avenue. Joseph W. Loucks, 105 Locust Street. Spencer P, Wright, 1862 Central Avenue: Albert Metcalf, 500 Central Av- enue. John Petrakis, 1564 Control Av- enue. Ray J. Nicks, 521 East 22nd Street. Robert E, Hevey, 1005 Rockdale Road. Dubuque Golf and County Club, 260 Randall Place. Harold E. Tindell, 3203 Jackson Street, George Ragatz, Jr., 1996 Central Avenue. Josoph C, Schneider, 2900 Cen- tral Avenue. Raymond Dolter, 3380 Central Avenue, Vinee Winders, 2319 Frince Street. Lloyd A. Dalsing, 1555 So, Grand- view Avenue, I i Special Session, June 27, 1955 297 Louis J. Winkler, 625 Central Avenue. Hartig' Drug Company, 22b5 Cem tral Avenue, Ilartig Drug Company, 93 Lo- cust Street. Iiartig Drug Company, 730 Main Street, Harry J. Smith, Sr., 2239 Uni- versity Avenue, Roger Boleyn, 1415 Rhomberg Avenue, Mrs. Beatrice C, Winkler, 998 Central Avenue. Elmer Thompson, 501 Rhomberg Avenue. Fred Ansel, Jr., 600 Central Aw enue. Navy Club of Dubuque Ship No. 67, 469 Main Street. Lawrence Schwartz, 500 Rhom• berg Avenue. Peter Schwartz, 574 East 16th Street. Lester Echhorn and Maxie Eich• horn, 1725 Delhi Street. Larry B, Kemp,1200 Iowa Street. William Vander Meulen and Sophie McMann, 2327 Central Av- enue. 1Villiam Petrakis and Mary Petra- kis, 1400 Central Avenue, T~ouis J. Moyer, ,1046 Central Avenue. Anthony Schmit, 1048 Main Street. Mrs. Veronica C. Barth, 80 Lo- cust Street. Xavier Hospital Gift Shop, Davis and Windsor Avenue, Merlin J. Marty, 351 Dodge Street, Charles W. Krueger, 390 East 12th Street, Veterans of Foreign Wars, Ger- ald F. Winters Post No. 9663, 2203 Carter Road, George W. Woodhouse, 2930 Cen- tral Avenue. Mrs. Josephine Burke, 1091 Main Street, Clarence P. Falkenhainer, 1097 University Avenue. Roger C. Johnson, 336 Main Street. Robert L. Durkin, 435 Central Avenue. Earl T. Avery, 1602 Lincoln Av- enue. Louis O'Meara,1655 Delhi Street, Fred Herber, Eagle Point Park. Anastaeios E. Langanis, 31 8th Avenue. Wardle Hartshorn, 399 East 20th Street. Francis R, Rahe, 301 Main Street. Mrs. Ione Miller, 1322 Central Avenue. Kenneth L. Meisenburg, 2500 Central Avenue. Robert P. Schwegman, 1875 Uni- versity Avenue, J. Ray O'Brien, 2093 Washington Street. Canfield Hotel Corporation, 34- 36 West 4th Street. Mrs. Agnes Zahina, 2649 Windsor Avenue. Larry Drugs, 813 Main Street. Be It Further Resolved that the bands filed with the applications be approved. Passed, adopted and approved this 27th day of June, 1955. CHARLES A. KINTZINGER, Mayor CLARENCE P. WELU, RAX F, KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER,- Councllmen Attest; WILLIAM J. O'BRIEN, City. Clerk, Pro Tem Councilman Welu moved the adoption of the Resolution, Second- ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0, 164-55 WNhereas, applications for Beer Permits have been submitted to this Ceuncil for approval and the same have been examined: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the 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" BEER PERMIT Name - Address Harold A, Gosley, 1121 Univer- city Avenue. frank H. Bsrntgen, 2186 Central Avenue. Mrs. Josophine Wingert, 400 Rhomberg Avenue.. Harry A. Rawson, 342 Main Street. Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. John E. S~n~an, 2403 Central Av- erwue, 298 Special Session, Juna 27, 1955 Mrs. Rose Tschiggfrie, 1091 White Street Mrs. Marie Sand, 2498 Central Avenue. John IVI. Thompson and Clarence E, Thompson, 210 West 1st Street, Cletus N. Pauly, 1255 Central Avenue, Mrs. Margaret J. Westercamp, 1399 Jackson Street. Paul A. Leonard, 239 West 6th Street. Eileen Wunder, 1006. Central Av- enue, Frank A. Karigan, 720 Main Street. Klauer-Julien Hotel Company, 2nd and Main Streets. Mrs. Rose Huseman, 177 Main Street.. Mrs. Glen McArdle, 3165 Cen- tral Avenue. James P. Kachevas, 493 Main Street. Frank Sand and Elsie Sand, 2364 Washington Street. George J. Zillig, 234 West 9th Street, Wm. Vander Meulen and Sophie McMann, 2327 Central Avenue. .Theodore G. Kanavas, 1689 Elm Street. Edward A, Haberkorn, (Transfer of Address from 2417 Rhomberg), 2616 Windsor Avenue, Mrs. Marie Maas, 620 East 16th Street, Harold E. Tindell, 3203 Jackson Street, Anton Fortmann Company, 253 Main Street. .Louis J. Meyer, 1046 Central Av- enue. CLASS "B" PERMIT (Par Private Clubs) American Legion Dubuque Post No, fi, 290 West 4th Street. Fraternal Order of Eagles, Aerie No. 568, 6th and Locust Streets. Navy Club of Dubuque Ship Na, 67, 469 Main Street. Fraternal Order of Orioles, Du- buque Nest No. 11, 1600 Central Avenue. Dubuque Golf and Counttq Club, 260 Randall Place. CLASS "C'° PERMIT Gus Manternach, 1105 Loral Boulevard. John M. Baumhover and Rose- mary Baumhover, 2401 Windsor Avenue. John M.; .Ward, 2284 University Avenue. Otto J, Dunbar, 2401 Jackson Street Merlin K. Aping, 408 West Lo- cust Street, Vincent J. Hogan, 231 West 2nd Street, Irvin G. Helsel, 2678 CentralAv enue. Richard Schueller, 2900 Jackson Street. Joseph F. Oberhoffer, 1395 Browns Avenue. Frank W. Thompson and Joha F. Thompson, 250 West 1st Street. Edmund H. Callahan, 1105 Wal- nut Street. Harold A. Casey, 655 Seminary Street. Francis A, Mettel, 2541 Central Avenue, Passed, adopted and approved this 27th day of June, 1955. CHARLES A, KRVTZHQGER, Mayor CLARENCE P. WELU, RAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: WILLIAM J. O'BRIEN, City Clerk, Pro Tem Councilman Schueller moved the adoption of the Resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. ItESOLUTIQN N0, 1b5--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 City Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit, CLASS "B" PERMIT Name Address Harold A. Cosley,1121 University Avenue. Frank H, Berntgen, 2186 Central Avenue; Mrs. Josephine Wingert, 400 Rhom~berg Avenue. r Special Session, June 27, 1955 299 Harry A, Rawson; 342 Main Street, Walter Mengis and Joseph F. Shannon, 1618 Central Avenue. John E. Swan, 2403 Central Av enue. Mrs. Rose Tschiggfrie, 1091 White Street. Mrs. Marie Sand, 2498 Central Avenue.. John M. Thompson and Clarence E, Thompson, 210West 1st Street. Cletus N. Pauly, 1255 Central Avenue, Mrs. Margaret J. Westercamp, 1399 Jackson Street. Paul A: Leonard, 239 West 6th Street, Eileen Wunder, 1006 Central Avenue. Frank A. Karigan, 720 Main Street: Klauer-Julien Hotel Company, 2nd and Main Streets, Mrs, Rase Huseman, 177 Main Street. Mrs: Glen McArdle, 3165 Central Avenue. James P. Kachevas, 493 Main Street; Frank Sand and Elsie Sand, 2364 Washington Street, George J, Zillig, 234 West 9th Street. Wm, Vander Meulen and Sophie Mc-~Iahan, 2327 Central Avenue. Theodore G, Kanavas, 1689 Elm Street. Edward A. Haberkorn, (Tranfer of Address from 2417 Rhomberg), 2616 Windsor Avenue.. Mrs. Marie Maas, 620 East 16th Street. I3arold E. Tindell; 3203. Jackson Street, Anton Fortmann Company, 253 Main Street. Louis J. Meyer, 1046 Central Av- enue, CLASS "B" PERMIT (Ear Private Clubs) American Legion Dubuque Post No, 6, 290 West 4th Street, Fraternal Order of Eagles Aerie No, 568, 6th and Locust Streets, Navy Clubs of Dubuque Ship No. 67; 469 Main Street; Fraternal Order of Orioles, Du- buque Nest No. 11, 1600 Central Avenue, Dubuque Golf and County Club, 260 Randall Place, CLASS "C" PERMIT Gus Manternach, 1105. Loral Boulevard. John M. Baumhover and Rose- mary Baumhover, 2401 Windsor Avenue, John M. Ward, 2284 University Avenue. Otto J. Dunbar, 2401 .Jackson Street. Merlin K, Aping, 408 West Lo- cust Street, Vincent J. Hogan, 231. West 2nd Street, Irvin G. Helsel, 2678 Central Av- enue. Richard Schueller, 2900 Jackson Street, Joseph F. Oberhoffer, 1395 Browns Avenue, Frank W. Thompson and John F, Thompson, 250 West 1st Street. Edmund H, Callahan, 1105 Wal- nut Street... Harold A. Casey, 655 Seminary Street, Francis A, Mettel, 2541 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 27th day of June, 1965. CHARLES A, KINTZINGER, Mayor CLARENCE P, WELD, RAY F, KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, ' Councilmen Attest: WILLIAM J. O'BRIEN, City Clerk, Pro Tem Councilman. Welu moved the adoption of the Resolution, Second• ed by Councilman Kolb. Carried by the following vote, Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays~None, ORDINAhVCE td0. 34=-55 • "" An Ordinance Amending Ordin- '' once No, 33-49 by Repealing Suli- section "p" of Section 2 of Sched- ule IV thereof and enacting a sub- stitute therefor. Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Secaion i. That Schedule IV of Ordinance No, 339--49 be and the same is hereby amended by repeal- ing Su'b-section "p" of Section 2 f 900 Special Session, Juue 27, 1955 thereof and enacting the following substitute therefor: "SCHEDULE IV ~:«~~~ 2, p. Both sides of East Seventh Street from Central Avenue to 'White Street; north side only from !,Irhite Street to Jackson Street; south side only from Jackson Street to Washington Street," Section 2, This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 27 day of June, 1955. Rule requiring reading on three separate days suspended by un- animous vote the 27 day of June, 1955, Passed, adopted and approved this 27 day of Juno, 1955. ___ - CIIARLES A. HINTZTNG•ER,- Mayor CLARENCE P. WELU, 1tAY F. KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen Attest: WILLIAM J. O'BRIEN, City Clerk, Pro Tem Councilman Welu moved the adoption of the Ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen .Austin, Kalb, Schueller, Welu. Nays-None. OROINANCE N0. 40-55 An Ordinance granting IIenry Haas and Viola Haas permission to construct a retaining wall in Levi Street, Presented and read, Coun- cilman Welu moved that the read- ing had be considered the first reading of the ordinance, Seconded by Councilman I{olb, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rule requiring the reading of an ordinance on three separate days be suspended. Seconded by Coun- cilman Kolb. Carried by the fol• lowing vote; Yeas--Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu, Nays-None. Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That Henry Haas and Viola Haas, as owners of the East 60 feet of the East 120 feet of Lot 24 in South Avenue Addition in the City of Dubuque, Iowa, be and the yore hereby granted permis- sion to construct a retaining wall in Levi Street, eight feet from the curb line, subject to the following terms and conditions: (a) That said wall be constructed under ,the supervision of the City Manager; (b) That the permission herein granted is revocable at the ploasure of the City Council, with or with- out cause; (c) That the said permittees agree in writing for themselves, their successors or assigns to re- move said wall at their expense in the event the permission herein granted is revoked; {d) That, in the event the per- misison herein granted is revoked, the permittees far themselves, their successors or assigns, agree to re- move said wall at their expense, within a reasonable time and in the event of their failure so to do, the City may removo the same and assess the cost thereof against the first describod property, Section 2, That this Ordinance be in full force and effect upon its passage and publication as provid- ed by law and the acceptance of the terms and conditions in writ- ing by the permittees. Passed this 27 day of June, 1955, CHARLES A, KINTZINGER, CLARENCE P. WELU, RAY F. KOLB, . RUBEN V. AUSTIN, LEO N. SCHUELLER, Counclmon Attest; WILLIAM J. O'BRIEN, City Clerk, Pro -Tem Fublished in the Telegraph-Her- ald, July 11th, 1955. City Clerk Pro Tem ACCEPTANCE OF ORDINANCE N0.40-55 Henry Haas and Viola Haas, as owners of the East 60 feet of the East 120 feet of Lot 24 in South Avenue Addition, in the City of their successors and assigns, ac- cept and agree to the terms and conditions of Ordinance No, 40--55 i i Special Session, June 27, 1955 301 as enacted by the City Council of the City of Dubuque. July 7th, 1955 ........................................... 1955 (Henry Haas) (Viola Haas) Councilman Welu moved the adoption of the ordinance, Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0, 41-55 An Ordinance granting Leo A, Heitz and Maxine Heitz permission to construct a retaining wall in Levi Street. Presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance, Sec- onded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rule requiring the reading of an ordinance on three separate days be suspended. Seconded by Coun- cilman Kolb, Carried by the fol- lowing vote; Yeas-JMayor Kintzinger, Courn cihnen Austin, Kolb, Schueller, Welu. Nays-None, Be It Ordained by the City Coun- cil of the City of Dubuque, Iowa: Section 1, That Leo A, Heitz and Maxine Heitz, as owners of the West 60 feet of the East 12D feet of Lot 24 in South Avenue Addi- tion, in the City of Dubuque, Iowa, be and they are hereby granted permission to construct a retain- ing wall in Levi Street, eight feet from the curb line, subject to the following terms and conditions: (a) That said wall be constructed under the supervision of the City Manager; (b) That the permission herein granted is revocable at the pleas- ure of the City Council, with or without cause; (c) That the said permittees agree in writing for themselves, their successors or assigns to re• move said wall at their expense in the event the permission herein granted is revoked; (d) That, in the event the per- mission herein granted is revoked, the permittees for themselves, their successors or assigns, agree to remove said wall at their expense, within a reasonable time and in the event of their failure so to do, the City may remove the same and assess the cost thereof against the first described property, Section 2, That this Ordinance be in full force and effect upon its passage and publication as pro- vided by law and the acceptance of the terms and conditions in tivrit- ing by the permittees, Passed this 27 day of June, 1955, CHARLES A. KINTZINGER, Mayor CLARENCE P. WELU, RAY F. KOLB RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: WILLL4M J. O'$RIEN', City Clerk, Pro Tem Published in the Telegraph Her- ald July 1, 1955. WILLIAM J. O'BRIEN, City Clerk, Pra Tem ACCEPTANCE OF ORDINANCE N0.41-55 Leo A, Heitz and Maxine Heitz, as owners of the West 60 feet of the East 120 feet of Lot 24 in South Avenue Addition, for themselves, their successors and assigns accept and agree to the terms and condi- tions of Ordinance No. 41-55 as enacted by the City Council of the City of Dubuque. June 28, 1955 (Leo A. Heitz) (Maxine Heitz) Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote; Yeas-Mayor Kintzinger, Council• men Austin, Kolb, Schueller, Welu. Nays-None, Councilman Austin moved that the City Manager investigate re- ports concerning a blight on Elm trees in this area, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. There being no further business Councilman Austin moved to ad- 302 Special Session, June 27, 1955 journ, Seconded by Councilman Schueller, Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Council- men Austin, Kolb, Schueller, Welu, Nays-None. WILLIAM J, O'BRIEN City Clerk, Pro Tem Approved .....................................1955, Adopted ........................................1955. Councilmen: ,,,,,,,,,,,,,,,,,,,,,, ,,, Attest : ...............................:.~.................. City Clerk T