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1959 June Council Proceedings=R~gltjhr SRSsio><i, ';~tme 1, 1D,59 281 2~ Special Session, May 28, 1958 Councilman Freund moved the adoption of the Ordinance. Sec• onded by Councilman Takos. Car• rted by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. Petition of Ray F. Duehr et al requesting the opening, grading and surfacing of a platted alley running north from Dexter street one half block west of Auburn street and one half block east of Algona, presented and read. Councilman Freund moved t h a t the petition be referred to the City Manager. Seconded by Coun- cilman Takos. Carried by the fal- lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu, Petition of Sinclair Refining Co. requesting permission to pave ap• proximately 190 feet of South Terminal Street adjacent to their new asphalt terminal now under construction, presented and read, Councilman Takos moved that the petition be granted providing they meet the City Paving specifica- tions and provide proper drain- age. Seconded by Councilman Freund. Carried by the following Vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund Takos. Nays-None, Absent-Councilmen Schueller, Welu. prior to paving the alley abutting the property, presented a n d read. Mayor Klntzinger moved that the petition be denied and authorization be given to the City Manager to grant permission of one sewer and water connection at his discretion. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu, Mayor Kintzinger moved t b a t Mr. Harry Chambers and Mr. Rob- ert Waller be re-appointed to the Airport Zoning Commission for a six year term to 6-14.65. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, Welu. There being no further business Councilman Takos moved to ad• journ. Seconded by Councilman Freund. Carried by the following vale: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent--Councilmen Schueller, Welu. LEO F. FROMMELT City Clerk Approved ....................................1959 Petition of McDonnell Excavat- ing Service requesting permission to excavate in the streets of the City, presented and read. Council- man Takos moved that the peti• tion be granted. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Takos. Nays-None. Absent-Councilmen Schueller, w~lu. Petition of McMahon Real Es- tate kInsurance Agency, Agents for the owner of City Lots 212 and 213 requesting relief from sewer and water connections Adopted ......................................1959 Councilmen ............................... .... Attest ................................................ City Clerk °. ii c; ti r r k 1~ ~~~~ (i7FFtC1AL) ~tegular Ses§lon, Juste 1,1959. Council met ~at 7:30 •P;M. ptese7ft = ~dhyor ~tnt>:inger, ~uiurleilnlen ~'ri u n°d, >9ehueHer, Talids, Welu. Cety Manager i3chiltz, Mayor gintiz'nger read 'thecall ' and ~tat~a 'peat this'i9 the 'r+~isr iriotzthly meeting 'of the C1ty Coua• cil for the purpose if'acting upon attch liusines~ `ds 'uiaq projierly •edr'tle 'HQ'foi'e the meetj}ig. 'lrroof of ~'abhcatioh,'bertl~ied to liy`~he`Irtlbtisher, of'Notiee of P'en`d• ency of Resolution of Necesity'for 'pu'blic improvements "and bearing upon proposed plans, specifications, `form of contract and cost of ~i~~ jrovements 'for City of Dubuque'. 1959 Boulevard Lig;hting_ Project rlo. 1, Bid Sections 1 'to 8 'iis `fol• lows: Bid Section 1-Plan A,o~. B Maio Street from 4th '$trhet to 12th Street. Bid Secf[ap 3-Plan A or d 'liiain 94reet from Jones Street to 4th Street. Bld Section ~t-Plan A or B Maih'Street from 12th Street to Loras •'Bbiilevard - Bld 8acfion 4-Plan B or C -laws Street from 4th Street to Loren Boiileva'rd ~BId ~Jectfon S=PIen ~A or$ Central ~Avepi[e #rom 4th Street to Loran Boulevard ~Btd',~gcfleq, b--Rl4q A of,D "Central Avemte from LorAs'Bouleilard to'22nd Street Bid 5 , on 7-Plan A or`B $igh SEr`get Cram Bluff Street to Central'elvenile. ~Bid'becfion'9--i'lan A or B Ntgt)I Street .from Bluff Street to Central Avenae. ESTIMATED A3SE88ED COST City of, Dubuque [rs9 Soulev4rd Lighting Pro~aif "f4o. 1 Bld Section 1 Plan A ;41,427.70 Plan B 94,324.32 Main Street from 4th [;trees to 12th ~titiht Btd Section 2 -Plan A 24,810;92 Plan B '3@,384:41 Main'Street'froin 1u[IEa 9fYeet'to 4th Street Btd`Sectton 3 Plan A 10,213.97 Plan B 8,437.89 Malp_b`rree£tram [2th"St`ipet to Loran Bonie~ard Bld Section 9 Plin B 42,281.14 Plen C 38,981.78 Iowa;Stfset from 4th SfTeet fo`Lo2aa Boulevard Bt$ Shelton 5 Plea A 31,77'9.39 Plan B 42;885.33 Central Avenug from 4th Street to Lo odtl+VaM. H1d Belden '8 Plaa A 41;858.47 Pfen 8 ss,es9:ga Central Avenue from Loras Boulevard to 22nd Street B[d 3ectton 7 Plea A 18;193.74 P[an ~ 12;851:66 ~i 4te1'&Mv eent~from Bluff Sfr'eet Eo uid 9ect[on B Plan A 18;907:68 Plan B 13,335.42 Ifint~ 'Street !rnm Bluff Street to Ceat'ral.Avemie. presented and read. Councilman Freund moved that t}se~pi~oof'ofpublication be received and filed. geconded by Councilman Welu. Carried by the following vote: ~'eas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, ~Welu. Nays-None. Petition of Fred R. -Appel et al, containing 66 sigitatures, objecting 'to the proposed City of Dubuque -1959 Lighting program for Central Avenue, presented and read. Councilman Freund ' moved that the petition be received and filed. Seconded by Councilman Welu. Carried by-the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. -Petition of G. C. Scherrer et al objecting to the proposed bouIe- vard lighting program on Main 'Street in the block between 13th and 14th, presented and read. Councilman 'Freund moved that ~the`'petition'be received slid=filed. Seconded by Councilman Welu. L`arrled by the following vote: 'Yeas-'Mayor Kintzinger, Council- men Freund, Schueller, Takos, `Welu. Nays-None. Petition of Medical Associates land Medical Associates Realty re- `gdesting favorable action on the lighting program adjacent to their groper"ty on 12th & Main and from -i2tll to 18th street on Iowa, pre• =rented and rdad. 262 Regular Session, June 1, 1859 Councilman Freund moved that the petition be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. Petition of Schroeder Motor Co. et al objecting to the proposed boulevard lighting program on Main Street between Jones and Fourth on Main, presented and read. Councilman Freund moved that the petition be received aad filed.', Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Council-' man Freund, Schueller, Takos, Welu. Nays-None, Councilman Freund moved that the rules be suspended in order to let anyone present address the Council if they so desire. Seconded. by Councilman Takos. Carried by the following vote: Yeas-Mayor I{intzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Mr, Gerald Scherrer addressed the Council by stating that the residents between 13th and 14th on Main have registered 100!% objection to the street lighting pro gram. Mr. Joe Grab owner of a building on 15th and Central ob• jetted to the lighting program be~ cause of long term leases. Mr. Ray Sanger from 5th and Central ob• jetted by saying that the present lighting system is adequate. Eldon A. Pfohl objected to the lighting program for Central Avenue by stating that his property cannot stand the assessment and that the present lighting is adequate. Mr; Edw. Maas objected to the program for Main Street. Mr. Carl Thim• mesch asked for a respite for smaller property owners ah be would be affected on the 8th av enue assessment. Mr. Frank Murray objected to the program for the lower end of Main because the area is primarily wholesale and no re• tail lighting is needed. Mr. Mel Mai of 1031 Main stated that he was not opposed to the lighting program but would like to know who really wants the lighting, Mr. Ken Hartig spoke in favor of the lighting program and so did Dr. Barton of the Medical Associates. Mr. Frank Saunders, assistant sec• retary of the Chamber of Com• merce, state that Dubuque is the high spot in the nation at the present time as far as business is concerned and they would not like to lose this, this being one of the many reasons for advocating the Boulevard lighting program. After considerable discussion Councilman Freund moved that Central Avenue be deleted; Main Street from Jones to 4th and Main Street from 13th to 14th also be deleted from the City of Dubuque 1959 Boulevard Lighting project No. 1. Seconded by Mayor Kint• zinger, Carried by the following vote: Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 125.59 Resolution Amending Resolution No. 11459 BE IT RESOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That Resolution No. 11459, being the Resolution of Necessity for the City of Dubuque 1959 Boulevard Lighting Project No. 1, be and the same is hereby amended by deleting the follow- ing portions of the following named streets therefrom: Bid Section 2-Plan A or B Main Street from Janes Street to 4th Street. Part of Bid Section 3-Plan A or B-Main Street from 13th Street to Loras Blvd. Bid Section 5-Plan A or ~-- Central Avenue from 4th Street to Loras Blvd. Bid Section 6-Plan A or B- Central Avenue from Loras Blvd. to 22nd Street. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. I{Il~i~u1GER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD Councilmen Attest: LEO F. FROMMELT City Clerk i 1, ~, ~s ~` r• ~; Regular Session, June 1, 1959 .263 Councilman Freund moved the adoption of the resolution. Sec• onded by Mayor Kintzinger. Car• ried by the following vote: Yeas-Mayor I{intzinger, Coun• cilmen Freund, Schueller; Welu. Nays--Councilman Takos. Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of im• provements. RESOLUTION N0. 126.59 WHEREAS, proposed plans and specifications and form of con- tract for the City of Dubuque 1959 Boulevard Lighting Project No. 1, Bid Section 1-Plan A or B Main Street from 4th Street to 12th Street Bid Section 2-Plan A or B Main Street from Jones Street to 4th Street (Deleted) Bid Section 3-Plan A or B Maiu Street from 12th Street to 13th Street Bid Section. 4-Plan B or C Iowa Street from 4th Street to Laras Boulevard Bid Section 5-Plan A or B Central Avenue from 4th Street to Loras Boulevard (Deleted) Bid Section li-Plan A or B Central Avenue from Loras Boulevard to 22nd Street (De• leted) Bid Section 7-Plan A or B Eighth Street from Bluff Street to Central Avenue Bid Section 8-Pian A or B Ninth Street from Bluff Street to Central Avenue have been approved by the City Council of the City of Dubuque and public notice given as provid- ed by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, speci• fications or contract for or cost of such improvements, said time be• ing this 1st day of June, 1959; and Wnr;nEAS, the City Council met in regular session this 1st day of June, 1959, at 7:30 o'clock P.M. at the Council Chambers in the City Hall far the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro• posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro• posed to be made; and WHEREAS, all interested 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 Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de• scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap• proved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and farm of cost said improvement be made a matter of permanent rec- ord in connection with said im• provement. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. KINTZIlVGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Freund moved the adoption of the resolution, Second- ed by Mayor Kintzinger. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Welu, Nays-Councilman Takos. (Necessity for Improvement) RESOLUTION N0. 11454 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The Assessment Limits. 2. The streets to be improved. 3, The width of such improve- ment. 4. Each lot proposed to be as• sessed together with a valuation fixed by the council, , ~' Y c ,> a ~t~ I ar is I ~il~~' Regular Session," Jul 1, 195A 5, Ap estimate of the co&t of the proposed improvement, stating the. same for each different type of construction and kind of material to be used, 6. In each case the amount thereof which is estimated to be assessed against each lat, for the City of Dubuque 1959 Boulevard, fighting Project Rio. 1. Bid Section 1-Plan A or B Main Sheet from 4th Street to 1;2th Street laid Section 2-Plan A or B Main Street from Jones Street to 4th Street (Deleted) Bid Section 3--Plan A or B Main Street €ram 12th Street to 13th Street. Bid Section 4-Plan B or C Iowa Street from 4th Street to Loras Boulevard Bid Section 5-Plan A or B Central Avenue from 4th, Street to Loras Boulevard (Deleted) Bid Section (i-Plan A or B Central Avenue from Loras Boulevard to 22nd Street (de- leted) Bid Section 7-Plan A or B Eighth Street from Bluff Street to Central Avenue - Bir Section 8--Plan A or B Ninth Street from Bluff Street to Central Avenue BE ~ ~EREFORE RESOLVED that the City Council on its mo• lion or upon petition of property owners, deems it advisable -and necessary for the public welfare to make the herein mentioned m- provement, and unless property owners at the time of the final consideration of this proposed res- olutipn 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 accprdan¢e with the glans 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 sad against all privately own@d prop- grty lying within assessable dis- tance provided by law and in an atnoupt got tq eneeed the amauat paoz!ided by. law, pcopexty will.be asgessecl Wl~ther the, same abuts thereon ar. IS adjacent thereto as•: cor~g to lea and in !?roportion to t~ s al efats_ conferred _. ~, ~. thereby, myy, ctaficieacy shall be paid out of the. street funds. Bonds shall ~be issued and sold in anticipation of deferred payments of assessments when acontract has been performed and accepted and the proceeds thereof used to pay ~; c4?PslFaata~. Tke railway por• lion of aaY street or asssiessmeAt strict sib ~ assessed to aiad paid by the railway company. The a¢aYe resolution was intro- ~pced, approved and ox~ered placed on file with t13e City Clerk this 4th day of May, 19,5j3. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed 'and adopted, as amended, by the City CoUneil this 1st day of June 1959. CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO AI. SCHUELLER CI,ARENCE P. WEI.U Councilmen Attest: LEO. F. FROb1MELT City Clerk Councilman Freund moved that the resolution be adopted as amended, Seconded lay Mayor 1Zint- zinger. Carried by the following vote: Yeas-Mayor Kintzinger, C~un• cilmen Freund, Schueller, Welu. ~(ays-Cpuncilq~an Takos. (Ouleaing Consteuctiop) RESQLUfION N0. 127.59 BE Tl' RESQLYRD pY the City Cou{leil pf the CItX of Dubuque that pursuant to a resolution of necessity Ne. I14.59 which was dgly passed by this Council, for keg Cl-ty of Dubuque 19~ Boule- vard Lighting Project No. L B}d 9.ection 1-Plan A or B Msin Street froal 4th ~St{~eet to 12th Street Bid Sectiop 2-Plan A ar B Maig Street from Jones Street to $th Street (Deletes) ~jS SeGti~gn 3-Plaa A ec $ )I¢ain S1TeRt frgni 12W Street to 13th Str@et Regular Session, June 1, 1959 265 I Bid Section 9-Plan B or C Iowa Street from 4th Street to Loras Boulevard ' • Bid Section 5--Plan A or B Central Avenue from-4th Street. to l,~oras Boulevard" (Deleted), Bid Section Ei-Plan A or B Central Avenue from Loras - Boulevard to. 22nd Street (De- leted) Bid Section 7-Plan A or B Eighth Street from Bluff Street ' to Central ?wehue Bid Section 8-Plan A or B Ninth Street from Sluff Street to central Avenue Be and the same are hereby or- dered and constructed by "this Council upon its own motion and with or without the petition of property owners. All the work shall be constructed in accardauce with the plans and specifications heretofore adapted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property ly- • ing within the assessable distance from the improvements, whether such property abut upon the same ar are adjacent thereto, according ~} to the area thereof and in propor- ` benefits con- lion to the special ferred, and anq deficiency will be paid" out of the"'street funds of the city. Payment will be made to the contractor out of funds real- ,, ized from the sale of bonds to be , issued in anticipation of deferred payments of assessments as pro- vided by law -alter the work has been catnpleted and accepted by the City Council BE IT FURTHER RESOLVED that the City -Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various im- f provements herein provided for in the mapner provided by law, the said improvenents shall be com- pleted on or before 120 calendar days after notice to proceed is is- sued. 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 b'y the City Council. Passed, adopted, and approved this 1st 'day: of June, 1959. CHARLES A, KINTZINGER 11~aybr GEORGE A. FREUND LEO. N, SChu~r1LER CLARENCE 1'. WELU ' ' ~ CounciImen Attest: LEO F. FROMMELT City Clerk Mayor Kintzinger moved the adoption of the resolution. Second- Qd by Councilman Schueller. Car- . rigid by"the following vote: Yeas-Mayor Kintzinger, Cann- ; cilmen Freund, Schueller, Welu. Nays-Councilman Takos. Communication of United Fire & Casualty Company advising of the termination of a sidewalk con- ! struction ]#ond SU•589D, issued in helialf "of Jahn F. `Freiburger; pre• sentg~ and regd. Councilman Welu moved that the communication be received and filed Seconded by Councilman Takos. Carried" by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 26, 19.59 Honorable Mayor and Members of the City Council, Dubugyte, Iowa Gentlemen: In accordancQ with the provi• sions of the Code of Iowa, 1954, the Civil Service Commission conducted an' entrance examina- tion on April 9;' i$59, for those seeking positions on the Police De- partment. ' The following are the names of those who passed both the written and physical examination and their names are hereby certified for appointments to the Police De- partment, Thomas R, Rettenmeier ......74% Respectfully submitted, Sylvan F. Jaenke Chairman J. A. Carew Louis J. Lagen Commissioners Civil ~e#~yice Commission Attest: LEO F. FROMMELT Clerk 266 Regular Session, June 1, 1959 Subscribed and sworn to before me a Notary Public this 1st day of June 1959. Geraldine L, Jenni Notary Public Councilman Freund moved that the communication be received and made a matter of record, Sec- onded by Councilman Takos. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 26, 1959 Honorable Mayor and Members of the City Council, Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1954, the Civil Service Commission con- ducted anentrance examination on April 9, 1959 for those seeking pa sitions on the Fire Department. The following are the names of those who passed both the written and physical examination and their names are hereby certified for ap- pointments to the Fire Depart- ment, Lyle R, Link ......................87% James P. Kane ..................85% Thomas P. Richman ..........70~Z% Respectfully submitted, Sylvan F. Jaenke Chairman J. A. Carew Louis J. Lagen Commissioners Civil Service Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me a Notary Public this 1st day of June 1959. Geraldine L. Jenni Notary Public Councilman Freund moved that the communication be received and made a matter of record. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 14, 1959 To the Honorable Mayor and Members of the City Council, City of Dubuque; Iowa Gentlemen: In accordance with the provi• sions of Chapter 365 of the Code of Iowa, 1954, the Civil Service Commission conducted promotion- al examinations on April 28, 1959, for those seeking promotions on the Pollee Department for the positio ns of CAPTAIN and SER- GEANT OR DETECTNE. The following are the names of those who passed with an average of seventy per cent or better. All promotions on the Police Depart- ment should be made from this list. CAPTAINS Robert J. O'Brien ..............83~ft% Russell S. Fullarton ........81yh ~ Darrell N. Kilby ..............81% Harry Funk .............:..........72% Charles J, Jenaroan ..........71% SERGEANTS OR DETECTPJES Gus Fecker ........................93'h% James T. Purcell ..............93~h% W. L. Johanningmeier ....92°k Milo J. Kettmann .,.......,..91~% Ralph R. Cigrand ,.....,.....90~fs% Earl F. Haferbecker ......90~% Carl VanderMeulen ,,........89'h% Marc Lammer ....................89~% Navall T. Horch Sr......,.,88~s% Leo W. Kueper ..................88% Eugene J. Digman .......,..87'h% George Schlegel ................84% John Linden ......................83~% Respectfully submitted, Sylvan F. Jaenke Chairman J. A. Carew Louis J. Lagen Members, Civil Service Commission Attest: LEO F, FROMMELT Clerk Subscribed and sworn to before me this 14th day of May, 1959. Geraldine L. Jenni Notary Public Councilman Freund moved that the communication be received and made a matter of record. Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. w r ~. ~, ,< j i F Regular Session, June 1, 1959 267 May 29, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Hartig Drug Company offering to purchase a piece of property an the north- west corner of Grandview and llelhi Streets was referred to the City Council to view the grounds, Upon viewing the grounds, it was the decision of the Council that they would not object to the sale of this property at a price to be agreed upon by the Board of Appraisers provided that there would be no buildings erected twenty-five feet north of the prop- erty line along Delhi Street. I recommend that the decision.` of the Council be confirmed, Very truly yours, L, J. SCHILTZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos; Welu, Nays-None. May 29, 1959 To Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The request for consideration of restricted parking on Garfield Avenue between Elm and the rail- road tracks, Delhi Street from. West 5th to University, Broadway Street between Gay and Putnam and Putnam Street between Broadway and Muscatine, as sub• mitted by the Dubuque Safety Council was referred to the City Manager for investigation and re- port. I have had the Police Depart- ment investigate all of these loco- tions and they report the follow- ing conditions: On Garfield Avenue it is be• lieved that the situation is not as serious as to warrant immedi- ate attention.. Some congestion does exist- at certain periods of the day but the accident rate cn this particular stretch is zero. There is no record of any com• plaint during the past two year period. Delhi Street. While. a congested situation doss exist on Delhi at times, it is not believed impera- tive that action be taken at this time. Removal of parking on any porticn of Delhi Street will have serious effect on parking in the vicinity of the Summit Congrega• tional Church at Allison and Delhi Streets. Therefore no recommen• dation on this problem is made at this tame.. Breadway Street. At the present time parking is restricted on the north side of Broadway from Diag- onal Street to Gay Street. In the interest of providing one route out of the Park Hill district which is fairly free of traffic obstruc- tion, it is believed that this zone should be extended from Gay Street to the north line of Putnam Street, And also far the same reason, it is believed that the south side of Putnam between Broadway and Muscatine should be made a No Parking Area. It is therefore recommended that parking be removed from the north side of Broadway Street be• tween Gay Street and the north line of Putnam Street and also from the south side of Putnam Street between Broadway and Muscatine Streets. Respectfully submitted, L. J. Schiltz City Manager Councilman Welu moved t h a t the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 29, 1959 Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The City Council requested that an investigation be made of the intersection of 18th and Washing• 288 Regular Session, Jdrie 1, 'T959 ton Streets for the. installation. of some type of traffic control de• vice, The Police Llepartment has made an investigation of Washing-' ten Street from East 14th to .East 20th .Street and found that there are three intersections that have no type of Traffic cgpti•ol. At these , three intersections, East 15th, East 18th and East 19th, there h a v'e been. accidents some of which re• salted in fairfy heavy property d'am'"age, It `is believed that the erection of some Control 'at these intersec• lions would. result in a gieater use of Was~ingtan Street than is now experienced. I recommend that atop signs be erected at The. entrance of l;zst l~tt}, East IBt~ :arid `East 19th and 'Washington Streets so as to' re- quire alI east and west bound traffic to stop before entering. 'these intersections. Respectfully submitted, L, J. Schiltz City Manager Councilman Wetu moved t h a t 'the recommendation of the City Manager be approved and -that proper proceedings be prepared. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Kintzinger,_Coun- ci]men Freund, Schueller, Takos, Welu, Nays-None, June 1, 1859. To the Honorable Mayor and City CaunCil, Dubuque, Iowa. Gentlemen; This is to advise that I have approved the .following bonds and policies and desire to have your approval. on same for filing, ;~b- ject to the approval of the City Solicitor; HEATING Barry, E. Lewis, Western Surety Company, Jimmie W. Landon, Standard Accident Ins. Co, Geisler '1#rothers, Standard Acci• dent Ins. Co, SIDEWALK J. J. Ward, U.S. Fidelity & Guar• only Co. Alfred_ J. Becker, Hawkeye Se- curity .Ins., Co. Joe, Lukens, Merchants Mutual Bonding Co. I~kCAVATION A. Fondekl & Sons, Policy Na. ML 156613, U.S. Fidelity & Guar- anty Co•. TAXICAB Robert T. Zahina, d/b/a Dia• mond Cab Company, Policy No. AC ~E 97188, National Indemnity Co. $~ack & ~Wliite, Yellow & Check- er Gab Co,, Inc., Fireman's Fund Insurance Ca. Respectfully submitted, ~. J. Schrltz, City Manager Councilman Freund moved the .bonds and policies be filed sub• jest to the 'approval of the.. City ,Solicitor„ Seconded by Councilman Takos. Carried by the fallowing vote: ~'eas-Mayor Iintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. May 25, 1959 `Honorable Mayor and 1Ffenibers `of the. City Council, 'City of 'Dubuque, Iowa. Gentlemen: I have 'examined the claim of Paul Henkel `of 1120 University, and'can find no negligence on th part of the City and recommend that the claim be denied., and can find no negligence on the Respectfully submitted, T. H. NELSON Councilman Schueller moved that the recommendation of the .City Solicitor, be approved. Sec• 'orided by 'Councilman Welu. Car- ried Eby the following vote: Yeas-Mayor Kintzinger, Coun- `Cilmen Freund, Schueller, Takos, `Welu. ~N'ays-None.. May 26, 1959 ~13onorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of .:Taylor Pharmacy, 1200 Main Street, Dubuque, Iowa, for damages to their delivery panel truck, result- uig when it struck a defect in the stre~t'at the Intersection of Alta ,~nd'GPeen Streets in 'the City of Attbue on, April 3,,,1959, and f~~d ` at the defect `existed 'as cl&liu'ed, Regular Session, June 1, 1959 289 I recommend that the claim be allowed in the amount of $118.65 and the Auditor instructed to issue a warrant payable to Taylor Phar• macy, in said amount, and deliver 1 the same upon receipt of a pro •4 perly executed release. Respectfully submitted, y ::, T. H. NELSON ~ Councilman Schueller moved that ~I the recommendation of the City ~- Solicitor be approved. Seconded by Councilman )reund. Carried by the following vote: Peas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of suit of Thomas Barry y ` vs. City of Dubuque, Defendant, "~` in the amount of $7500. for person- . al injuries received in a fall in front of the Heim premises on the north side of Broadway Extension between Monroe & Greeley Streets on March 3, 1959, presented and ' read. Councilman Freund moved that the notice of suit be referred to the City Solicitor. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE N0. 32.59 ~~ An Ordinance Amending Ordin• ante No. 3.34, known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque by Changing the Zoning Classification of Lots 1, 2 and 3 in Block 1 in Mettel-Brooks Addition, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- . cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the talcs be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• cilm2h Takos. Carried by the fol• lowing vote: ~' Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, ~ Welu. ~ Nays-None. Councilman Freund moved that a public hearing be held on the Ordinance on Jue 22, 1959, at 7,3D P.M, in the Council Chamber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Robert H. McCormick of 2685 Broadway, requesting per- mission to continue construction of a retaining wall already started, presented and read. Councilman Welu moved that the petition be referred to the City Solicitor to have proper proceedings prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Ralph Graham et al requesting the installation of a street light in the 1100 block on Solon street between Hill and AI• pine, presented and read. Council- man Freund moved that the peti• lion be referred to the City Man- ager and Electrical Inspector for investigation and report, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Carl Herburger re• questing the removal of "No Park- ing" signs on East 30th street, east of Jackson, as trucks no longer travel this route, presented and read. Councilman Freund moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Dubuque Sports Bowl requesting permission to hold a fireworks display on the night of July 4th, presented and read. Councilman Schueller moved that 270 Regular Session, June 1, 1959 the petition be granted providing the display is held under proper supervision. Seconded by Council• man Welu. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 27, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your con• sideration is Subdivision Plat of Gerald Scherrer Subdivision. This subdivision is located on the west side of Broadway and north of West 24th Street, and owned by Mr. and Mrs, Gerald Scherrer, 1392 Main Street. This subdivision has been ap• proved by the Planning and Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Takos moved that the communication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 128.59 RESOLUTION Approving Plat of Gerald Scherrer Subdivision in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1, Lot 3, Lot 5 and Lot 7 in John King's Dubuque, in the Cfty of Dubuque, Iowa; and of the 5ub• division of Lot 5 in Zumhof's Sub• division of Lot No. 1 Brewery Ad• dition in the City of Dubuque, Iowa. is platted as Lots 1, 2, 3, 4, 5 and 8 Gerald Scherrer Subdivision in the City of Dubuque, Iowa. and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval ea• dorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE Tl' RE• SOLVED BY THE CITY COUNCIL OF THE CPfY OF DUBUQUE, IOWA: Section 1. That the above des- cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 1st day of June A.D., 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU re,r~x J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. 5ec• onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 1, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your con• sideration is Subdivision Plat of Block 7 in Indian Hills. This subdivission has been ap• proved by the Planning and Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Schueller moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following. vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. i Regular Session, June 1, 1959 271 RESOLUTION N0. 129.59 Whereas there has been filed with the City Clerk a plat in which Block 7 in Indian Hills in the City of Dubuque, Dubuque County, Iowa, is platted into lots to be known as Lots 1 to 12, inclusive in Block 7 in Indian Hills in the City of Dubuque, Dubuque Coun- ty, Iowa; and Whereas said plat has been ex- amined by the City Planning Com• mission and had its approval en• dorsed thereon; and Whereas upon said plat appears a street to be known as Arrowhead Drive, and also easements for pub• lic utilities, which the owners said plat have dedicated to the public forever; and Whereas said plat has been ex• amined by the City Council and they find that the same conforms to the Statutes and Ordinances relat- ing thereto, except that the grades have not been established, the street brought to grade, or paving, sewer, water or sidewalks installed; NOW THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, Iowa: Section 1. That the dedication of Arrowhead Drive, together with easements for public utilities, as the same appear upon said plat, be and the same are hereby ac• cepted; Section 2. That the plat of the subdivision of Block 7 in Indian Hills in the City of Dubuque, Du• buque County, Iowa, into Lots 1 to 12, inclusive, be and the same is hereby approved and the Ma- yor and Clerk are hereby author- ized and directed to endorse the approval of said City upon said plat, provided the owners of said property, J. Allen Wallis, Jr. and Marijane S. Wallis, execute their written acceptance hereto at• tached, agreeing: a. To reduce Arrowhead Drive to grade, as shown by the pro• files submitted with the plat; b. To surface Arrowhead Drive for a width of thirty feet (30') from curb face to curb face with six inch (6") rolled stone base, and two and one-half inch (2'h") hot mixed, hot laid, bi• luminous concrete surfacing and concrete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Sec• lion; c. To install sanitary sewers in accordance with plans submit- ted with the plat; d. To install storm sewers in ac• cordance with plans submitted with the plat; e. Ta install water mains in ac- cordance with plans submitted with the plat; f. To construct the foregoing im- provements in accordance with plans and specifications ap• proved by the City Manager, under the inspection of the City Engineer and in a manner approved by the City Manager; g. To maintain the street imp provements for a period of four (4) years from the date of their acceptance and to main- tain the storm and sanitary sewers for a period of two (2) years from the date of their acceptance; h. To construct said improve- ments prior to November 1, 1960; i, To install concrete sidewalk on both sides of Arrowhead Drive in accordance with City of Du• buque Standard Specifications for Permanent Sidewalks,, prior to November 1, 1962; and further provided that the said J. Allen Wallis, Jr. and Mari• Jane S. Wallis, as owners of said subdivision secure the perform- ance of the foregoing conditions with a surety bond in such amount and with such sureties as may be acceptable to the City Manager; Section 3. That in the event the said owners shall fail to execute the acceptance and provide the bond required in Section 2 hereof within forty-five (45) days from the date of this Resolution the provisions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. 272 Regular Session, June 1, 1959 Passed, adopted and approved by unanimous roll call vote June 1, 1959. CHARLES A. KINTZIIQGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk To Leo F. Frommelt, City Clerk: This is to certify that the se• curity required by the foregoing Resolution No, 129.59 has been provided by the subdividers. Dated at Dubuque, Iowa, this 5th day of June, 1959, L, J. SCHILTZ, City Manager Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Acceptance of Resolution No. 129.59 J. Allen Wallis, Jr. and Mari- jane S. Wallis, having full knowl- edge and understanding of all the terms and conditions of Resolution No, 129.59, hereby accept the same as passed and agree to com- ply with the terms and conditions thereof. Signed at Dubuque, Iowa, this 3rd day of June, A.D. 1959. (J. Allen Wallis, Jr.) (Marijane S. Wallis) April 16, 1959 Honorable Mayor and Members of the City Council, of the City of Dubuque, Iowa Gentlemen: Your assistance is requested in apportionment of special assess- ments against Lot 1 of Lot 1 of Lot 1 of the West '~ of the North- west '1a of the Northwest '/a of Section 27, Township 89, North, Range 2, East of the 5th P. M. The 1957 City of Dubuque Wa• termain Project No, 1 contained a levy made September 3, 1957 in the amount of $938.94 in Fund No. 1197. Two payments have been made on this assessment and the unpaid principal is $751.14. The 1957 City of Dubuque Curb and Gutter Project No. 1 contained a levy made February 3, 1958 against the above described prop- erty in the amount of $1419.05 in Fund No. 1202. Two payments have since been made in a total amount of $2$3.82 and the unpaid balance of principal is $1135.23. During the year 1957 the above described property was in the process of being divided into two lots and this division was made before the final levies became ef- fective, but the record had oat been changed in sufficient time to advise the City Engineer so that the division would be rec- ognized in the Assessment Sched• ule. At present the undersigned, Mr. and Mrs. Kenneth R. Corwin are the owners of Lot 2 of the above parcel and the uadersigned, James Harrington and Buford Kelly are the owners of Lot 1 of the above parcel. In order to avoid difficulties in the payment of this assessment, we, the. undersigned, hereby re• quest your honorable body to ap- portion the assessments in both of the above funds between Lot One and Lot Two so as to impose only 21,32% of the lien for these improvements against Lot Two and the lien for the remaining 78.68% against Lot One. Respectfully submitted, Kenneth R. Corwin Buford J. Kelly James Harrington Mayor Kintzinger moved that 'the petition be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 130.59 Whereas, Kenneth R. Corwin, Buford J. Kelly and James Bar- rington, as owners of Lot 1 of Lot 1 of Lot 1 of the West ~ of the Northwest ~/a of the Northwest '/a pf Section 27, Township 89, North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, have petitioned the City Council to apportion the lien of the levy Regular Session, June 1, 1959 273 for 1957 City of Dubuque Curb and Gutter Project No. 1 made Feb- , ; ruary 3, 1958 in Fund No. 1202, in the original amount of $1419,05, between Lot One and Lot Two of the above described real estate; and Whereas, the City of Dubuque ~ consents to said apportionment; Now therefore, be it resolved by the City Council of the City of Dubuque: ~`. Section 1. That the lien of the levy against the above described real estate far 1957 City of Du- buque Curb and Gutter Project No, 1, made February 3, 1958, in Fund No. 1202, be apportioned as follows: ~ ,` 21.32% thereof against: Lot 2 of Lot 1 of Lot 1 of Lot 1 of the West ~ of the Northwest '/a of the Northwest '/a of Section 27, Township 89, North, Range 2 East of the 5th P.M., in Du- buque County, Iowa; 78.68% thereof against: Lot 1 of Lot 1 of Lot 1 of Lot 1 of the West # of the Northwest '/a of the Northwest '/a of Section ; 27, Township 89, North, Range ~ 2 East of the 5th P,M, in Du- buque County, Iowa; Section 2. That the City Treasurer be and he is hereby authorized and directed to enter said change {' in the records of his office and certify said change, together with a certified copy pf this Resolution to the County Treasurer of Du• buque County, Iowa. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. KIIQTZINGER ~ Mayor GEORGE A. FREUND LEO N,SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT ,~ City Clerk Councilman Welu moved the a• doption of the resolution. Seconded ~, by Councilman Takos. Carried bl the following vote: w Yeas-Mayor Kintzinger, Coun- i!: Gilman Freund, Schueller, Takos, Welu. i': Nays-None, RESOLUTION N0, 131.59 Whereas, Kenneth R. Corwin, Huford J. Kelly and James Har- rington, as owners of Lot 1 of Lot 1 of Lot 1 of the West # of the Northwest ~/a of the of the Northwest '/a of Section 27, Township 89, North, Range 2, East of the 5th P.M., in Dubuque County. Iowa, have petitioned the City Council to apportion the lien of the levy for 1957, City of Dubuque Water- main Project No. 1 in Fund No. 1197 in the original amount of $938,94, between Lot One and Lot Two of the above described real estate; and Whereas, the City of Dubuque consents to said apportionment; Now therefore, be it resolved by the City Council of the City of Du- buque: Section 1. That the lien of the levy against the above described real estate for 1957 City of Du• buque Watermain Project No. 1, made September 3, 1957 in Fund No. 1197, be apportioned as follows: 21.32% thereof against: Lot 2 of Lot 1 of Lot 1 of Lot 1 of the West 1; of the Northwest '/a of the Northwest'/a of Section 27; Township 89, North, Range 2 East of the 5th P.M. in Du• buque County, Iowa; 78.68% thereof against: Lot 1 of Lot 1 of Lot 1 of Lot 1 of the West 1; of the Northwest i/a of the Northwest '/a of Section 27, Township 89, North, Range 2 East of the 5th P.M, in Du- buque County, Iowa; Section 2. That the City Treasurer be and he is hereby authorized and directed to enter said change in the records of his office and certify said change, together with a certi- fied copy of this Resolution to the County Treasurer of Dubuque county, Iowa. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ,;.~:. ~i ~~ h'' ,> >' d' i uj" ze ~,:. 274 Regular Session, June 1, 1959 ~ ' Regular Session, June 1, 1959 275 Councilman Welu moved the a• doption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 27, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the City Council meeting of May 4th, I submitted a recommend- ation that the position of Engineer and Fire Equipment Operator be eliminated from the Civil Service classification and the city pay plan. Since then I have futher dis- cussed this recommendation with the Fire Chief and representatives of the Fire Department. I feel that it will serve the best interests of the City of Dubuque and the Fire Department employees to continue the civil sedvice status of engineers now holding that classification until such a time that they retire. I further recommend that as each man retires the number of engin• ears be reduced by one and no further appointments be mare to the engineer classification. My re• commendation regarding the elim- ination of Fire Equipment Oper- ator in the pay plan is not changed, Respectfully submitted, L.J.Schiltz City Manager Mr. Don Breitbach, a local at- torney, addressed the Council in behalf of the Firemen, stating that the public has an interest as to what effects the Fire Department. All members of the department are engaged in a public service and the classification of Engineers in the department is a promotional step toward better efficiency, which in turn is of great benefit to the pub- lic. Mr. William Badger, a member of the Fire Department, spoke as a representative of Local 353 in behalf of the membership to retain the classification of Engineer or its equivalent. Merle Bandy ad- dressed the Council by stating that at a meeting of Dubuque Fire Fighters Association Locai 353 they had the backing of 100 of the membership. Mr. Hugh Clark, Chairman of the grievance com- mittee of the Local Trades and Labor, stated that they are in ac• cord with the firemen on this issue and recommended that the pro• posed resolution before the Council should not be concurred with, Fire Chief Hickson addressed the Coun• oil being in accord with the re- commendation made by the City Manager. Councilman Freund moved that action on the recommendation of the City Manager be deferred until a meeting can be held with the Civil Service Commission, along with representatives of Local 353 and their attorney, the Fire Chief and the City Solicitor, said meet- ing to be held prior to the City Council meeting scheduled for June 22nd if possible. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-Nave. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro• posals for the construction of THE SOUTHERN AVENUE SANPfARY SEWER-BID SECTION N0. 1 & BID SECTION N0. 2;-Bid Section No. 1 for the construction of an eight inch (8") Sanitary Sewer in Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Loh No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the centerline of Southern Avenue to the Westerly end of Dunleith Street; and from t h e centerline of Southern Avenue westerly through Lot No. 5 and Lot No. 6 of Jacobson Heights to Lot Na. 5 of Jacobson Heights thence northerly through Lots No. 1, 2, 3, 4 and 5 of Jacobson Heights to the north property line of Lot No. 1 of Jacobson Heights. BID SEC• TION N0. 2-For the construction of an eight inch (8") Sanitary Sew- er in and along Southern Avenue from the City Corporation Limit abutting Lot Na. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence southerly in Southern Avenue to a junction with the Cat- .' fish Creek Sanitary Sewer line op- posite Lot No. 1 of the Rockdale Addition, presented and read. Councilman Schueller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• ~: oilmen Freund, Schueller, Takos, Welu. i _ Nays-None. June 1, 1959 ' .' To the Honorable Mayor and City Council llubuque, Iowa Gentlemen: Pursuant to your instructions, K sealed bids were received until 10:00 a.m. June 1, 1959 for Bid Section No. 1 and Bid Section No. 2 of the Southern Avenue Sanitary Sewer. The tied bid for Bid Sec• tion No. 1 and Bid Section No. 2 as submitted by the McDonnell Excavating Service was the lowest bid received, A tabulation of the bids received is attached. I recommend that the contract for the Southern Avenue Sanitary f Sewer Bid Section No. 1 and Bid Section No. 2 be awarded to the McDonnell Excavating Service. Very truly yours, L. J. Schiltz City Manager Mayor Kintzinger moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote; ,.. Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 13Z•59 WHEREAS, sealed proposals have been submitted by contrac• tars for I Bid Section No. 1 For the construction of,an eight inch (8") sanitary sewer in South- ern Avenue from the City Corpor• ation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot 6 thence northerly in Southern Avenue to Lot No. 7 of Mineral Lot 24; and from the centerline of Southern Avenue to the westerly end of Dunleith Street; and from the centerline of Southern Avenue westerly through Lot No, 5 and Lot Na. 6 of Jacob- son Heights to Lot No, 5 of Jacob- son Heights thence northerly through Lots Na. 1, 2, 3, 4, and 5 of Jacobson Heights to the. North Property Line of Lot No. 1 of Jacobson Heights. pursuant to Resolution No. 101-59 and notice to bidders published in a newspaper published in said City on May 8th, 1959 and May 15th, 1959; and WHEREAS, said sealed pro- posals were opened and read on June 1, 1959, and it has been determined that the bid of Mc- Donnell Excavating Service of Du• buque, Iowa in the amount of $28,946.25 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to McDonnell Excavating Service of Dubuque, Iowa and the Manager be and he is hereby di• rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con• tract and the approval of the con• tractors band the City Treasurer is authorized and instructed to return the bid deposits of the un• successful bidders. Passed and adopted this 1st day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Schueller moved the adoption of the resolution. Sec• onded by Councilman Welu. Car• ried by the fallowing vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takoa, Welu. Nays-None. 276 Regular Session, June 1, 1959 (Awarding Contract) RESOLUTION N0. 133.59 WHEREAS, sealed proposals have been submitted by contrac- tors for the Bid Section No. 2 For the construction of an eight inch (8") sanitary sewer in and along Southern Avenue from the City Corporation Limit abutting Lot No. 1 of 1 of Mineral Lot 5 and Lot No. 4 of Mineral Lot B thence southerly in Southern Ave• nue to a junction with the Cat- fish Creek Sanitary Sewer Line opposite Lot No. 1 of the Rock- dale Addition. pursuant to Resolution Na. 101.59 and novice to bidders published in a newspaper published in said City on May 8th, 1959 and May 15th, 1952; and WHEREAS, said sealed pro• posals were opened and read on June 1, 1959, and it has been de- termined that the bid of McDon- nell Excavating Service of Du- buque, Iowa in the amount of $16; 085.40 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be awarded to McDonnell Excavating Service of Dubuque, Iowa and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work. BE fP FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the un- suecessful bidders. Passed and adopted this 1st day of June, 1959. CHARLES A, KIlVTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman W e 1 u. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. May 28, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is Subdivision Plat of Block 1 in Breezy Point Sub• division. This subdivision is located on the west side of Born Avenue in the 1500 Block, and owned by Mr. and Mrs. Earl Falk, 3060 Pennsylvania Avenue. This subdivision has been ap- proved by the Planning and Zon• ing Commission. Respectfully submitted, Dubuque Planning & Zoning Commission Owen Riley Secretary Councilman Welu moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 13459 RESOLUTION Approving Plat of Block 1 in Breezy Point in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Molo Place No. 3 in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa; and Lot 2 of Lot 1 of Lot 1 of Lot No. 4 of Mineral Lot No. 257 in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa is platted as Lots 1, 2, 3, 4 each in Block 1 in Breezy Point in the City of Dubuque, Iowa and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and Regular: Session, June. b, 1959 277 they find' the same conforms to .,the Statutes and • .Ordinances re- lating thereto; ,•:~NOW,. THEREFORE, BE IT RE- ;.SOLVED BY THE CITY COUNCIL OF; `.THE CITY OF DUBUQUE, IOWA: ~_.Section 1. That the above- de- scribed .plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en• dorse,the approval of the City up- on said plat. Passed,.. adopted. and approved this.lst day of June A. D., 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER • . CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk ,Councilman Welu moved t h e adoption of the resolution. Sec- onded by Councilman Freund. Car• ried by the following vote: Yeas-Mayor Kintzinger, Caun• oilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 135.59 WHEREAS, applications f o r Beer Permits. have been submitted to-this Council for approval. and the same. have been examined: NOW, THEREFORE, BE IT ~RESOLVED• by the City .Council of the City of Dubuque that the following applications be granted and licenses be issued up• on -the, compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Mrs. Josephine Burke, 1091 Main .Street. Leo F. Link, 1487 Central Ave- nue. Thomas J. Collins, 53 West 12th Street, Paul Schollmeyer, 176 Locust -Street, ,.CLASS "B" .PERMIT FOR PRIVATE CLUB ..Dubuque Metal Trades Council Club, 111 West 6th Street. Knights of Columbus, 781 Lo• .east'; Street. :..CLASS "C" PERMIT The Kroger Company, 270 West 7th Street. -...George C. Kruse, 2418. Central Avenue. Leonard A. Hafeman, 785 Grove- land Place. Eagle-Dubuque, Inc., 1800 E 1 m Street. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A.FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman. Welu moved t h e adoption- of the resolution, Sec• onded. by .,.Councilman Schueller. Carried by the following vale: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 136.59 WHEREAS, heretofore applica• lions. for Beer Permits were filed by the within named applicants and they have received the approv al of this Council; and WHEREAS, the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: BE IT RESOLVED by the City Council of the City of Dubuque .that. the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Name Address Mrs. Josephine Burke, 1091 Main Street Leo F. Link, 1487 Central Avenue Thomas J. Collins, 53 West 12th Street Paul Schollmeyer,176 Locust Street CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street Knights of Columbus, 781 Locust Street I I 278 Regular Session, June 1, 1939 CLASS "C" PERMIT The Kroger Company, 270 West 7th Street George C. Kruse, 2418 Central Avenue Leonard A. Hafeman, 785 Grove• land Place Eagle•Dubuque, Inc., 1800 Elm Street BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 1st day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. wrrLU PETER J, TAKOS Councilmen Attest; LEO F, FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cnlmen Freund, Schueller, Takos, Welu. Nays-None. June 1, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 and 2 inclusive show- ing a schedule of the proposed valuations and proposed assess- ment for the Collins Street, Hale Street, and West Third Street San- itary Sewer. Submitted this 1st day of June, 1959, K. J. CULLEN, City Engineer Councilman Freund moved that the communication be received and made a matter of record, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-Nose. RESOLUTION N0.137.59 BE 1T RESOLVED by the City of Dubuque, Iowa: Section 1. That the attached sheets No. 1 and 2 inclusive are hereby determined to be the schedule of proposed assessments far the Collins Street, Hale Street, and West Third Street Sanitary Sewer. Passed, adopted and approved this 1st day of June, 1958. CHARLES A. KDITZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU 1•~,r~R J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 138.59 Preliminary estimate and approv al of the proposed plans, specifica- tions, form of contract, plat and schedule and all other documents for the construction of an Eight Inch (8") sanitary sewer in Collins Street, Hale Street and West Third Street, beginning at the existing sanitary sewer in Lot 1 of Dubuque Homes Subdivision No. 2 thence northerly across Dodge Street to the intersection of Collins streeq and St. Joseph street, thence in Collins street to the intersection of Lom- bard street and Collins Street, thence easterly in Lombard street to the easterly ten feet of Lot No, 64 of Quigley's Subdivision, thence northerly through Lot No.'s 64, 1- 19, and 20 all of Quigley's Subdi- vision to the center of Hale street, thence easterly in Hale Street to Lot No. 10 of Westaby's Subdivi• Sion and westerly in Hale street to the westerly end of Hale Street, thence northerly through Lot No.l of 2 of Mineral Lot 158 to West Third Street, thence easterly in West Third Street to Lot No. 13 of Michels Subdivision, at an esti- mated cost of $26,171.87, presented ~, :~ ~f ;; Regulaz Session, June 1, 1959 279 and read. Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. (Necessity for Improvement) RESOLUTION N0. 139.59 WHEREAS, proposed plans, spec- ifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The size and kind of sewers. 2. Each lot proposed to be assess- ed together with a valuation fixed by the council, 3. 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. 4, In each case the amount there- of which is estimated to be assess- ed against each lot. For the Construction of an Eight Inch (8") Sanitary Sewer in Collins Street, Hale Street and West Third Street beginning at the existing sanitary sewer in Lot 1 of Dubuque Homes Subdivision No. 2 thence northerly across Dodge Street to the intersection of Collins Street and St. Joseph Street, thence in Collins Street to the intersection of Lombard Street and Collins Street, thence easterly in Lombard Street to the easterly ten feet of Let No. 64 of Quigly's Subdivision, thence northerly through Lot No's. 64, 1.19, and 20 all of Quigley's Subdivision to the center of Hale Street, thence easterly in Hale Street to Lot No. 10 of Westaby's Subdivision and westerly in Hale Street to the westerly end of Hale Street, thence northerly through Lot No. 1 of 2 of Mineral Lot 156 to West Third Street, thence east- erly in West Third Street to Lot No. 13 of Michels Subdivision. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approvd 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 prop- erty lying within assessable dist- once provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac• cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be assess- ed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 1st day of June, 1959. Approved and placed on file for final action. Approved. CHARLES A. KINTZBVGER Mayor GEORGE A.FREUND LEO N. SCHUELLER CLARENCE P. WELU rr;rr;R J. TAKO5 Councilmen Attest: LEO F. FROMMELT Councilman Takos moved the approval of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. 28Q Regular Session, June. 1, 1959. (Fixing date of hearing) RESOLUTION N0. 140.59 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution Na. 138-59 given its pre- liminary approval on the proposed plans specifications and form of contract and placed same oa #ile in the office of the City. Clerk for public inspection. For the Construction of an Eight Inch (8") Sanitary Sewer in Coi• Iins Street; Hale Street, and West Third Street beginning at the exist• ing sanitary sewer in Lot 1 of Dubuque Homes Subdivision No. 2 thence northerly across Dodge Street to the intersection of Col- lins Street and 5t. Joseph Street, thence in Collins Street to the intersection of Lombard Street and Collins Street, thence easterly in Lombard Stt+eet to the easterly ten feet of Lot No, 64 of Quigley's subdivision, thence northerly through Lot No.'s. 64, 1.19, and ZO all of Quigley's subdivision to the center of Hale Street, thence east- erly in Hale Street to Lot No. 10 of Westaby's subdivision and westerly in Hale Street to the westerly end of Hale street, thence northerly through Lot No, 1 of 2 of Mineral Lot 156 to West Third Street, thence easterly in West Third Street to Lot No. 13 of Michels Subdivision. and, WHEREAS, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection. BE IT THEREFORE RESOLVED that on the 6th day of July, 1959, 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 limo the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the propos- ed plans and specifications and pro- posed form of sontract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to 'the amount pro- posed to be assessed against any lot and to the passage of the pro• posed Resolution of Necessity and the City Clerk be and he is hereby directed to cause: a notice. of the.' time and place of such-hearing to be published in some newspaper - published in .the city of Dubuque, . the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration .and unless property owners at the time of final consideration of said resolu- tion 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 1st day of June, 1959. CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N.'SCHUELLE}t CLARENCE ]?. WELU P~r~1z J. TAKOS Councilmen Attest: LEO F. FROMMELT', City Clerk Councilman Welu moved' the adoption of the resolution. Second• ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takes, Welu. Nays-None. June 1, 1959 To the Honorable Mayor and City Council- Aubuque, Iowa ;Gentlemen: Attached hereto is i7n Agreement between Clarke Col• loge and the City of Dubuque con• cerning the dedication-of certain property for street purposes and the conditions of the dedication. I have negotiated this Agreement and recommend its approval. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the' recommendation of the City Man- ager be' approved, Seconded by Councilman Freund. Carried by the following voter Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takes, Welu. Nays-None. Regular Session, June 1, 1959 281 AGREEMENT This AGREEMENT made and en- tered into this 1st day of Juae, ~ 1959 by and between CLARKE COL- LEGE; anon-profit Iowa Corpora- tion, hereinafter referred to as "CLARKS" and the CITY OF DU- BUQUE, IOWA, a municipal cor- poration, hereinafter referred to as "CITY'; WITNE5SETH: Whereas, Clarke is the owner of Lot 2 of the Subdivision of Mineral a Loa 199 and Lot 2 of the Subdivi- Sion of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 190,' in the City of Dubuque, Iowa; and Whereas, The City desires to ac• quire title to said described prop- erty for installing'improved street, curb and gutter, utilities, sidewalks and other improvements therein; and Whereas, Clarke also owns other land to the east thereof that abuts and is adjacent to said described property; and Whereas, such other land of Clarke will not be benefited by the proposed improvements to be in- stalled by the City in said described property; and ~y Whereas, Clarke is willing and !~ agreeable to conveying said de- scribed property to the City upon certain terms and conditions here- inafter set forth; Now, Therefore, Clarke does hereby agree to convey to the City upon acceptance and approval of this agreement by the City, by war- . ranty deed, the following described real estate, to-wit: Lot 2 of the Subdivision of Min- eral Lot 199 and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 190, in s the City of Dubuque, Iowa, and in consideration thereof the City does hereby covenant and agree with Clarke as follows: 1. Except as hereinafter provided, that no assessment of any kind will.at any time be levied by the City upon the property of Clarke that is adjacent or abut• ling to said described property for the installation of an im• proved street, curb and gutter, watersewer, gas, or other. utility or sidewalks (including the re- placement and repair of said improvements) in or upon the property herein agreed to be conveyed to the City. 2, If, in the future, Clarke or its successor owner of the property abutting and adjacent to the real estate above described shall desire access to said street or to utilize one or more of said utilities or improvements as may be installed by the City, it shall pay to the City at that time such amount as shall be determined by such owner and the City to be equitable under all the then existing circum• stances, taking into account the original cost of the street, util- ity or improvement sought to be utilized, its then remaining useful life, the benefit to the adjacent and abutting property to be served and the fact that the aforesaid described real estate has been conveyed to the City by Clarke without cash consideration to Clarke, For the purpose of this agreement and applying the aforesaid prin- ciples it shall be conclusively presumed that the useful life of street surfacing and curb and gutter improvement shall be ten (10) years from date of com- pletion, and the useful life of utilities and sidewalks shall be twenty (20) years from date of completion. 3. This Agreement shall be bind- ing upon and inure to the bene- fit of the successors and assigns of the respective parties hereto. CLARKS COLLEGE By: Sister Mary Benedict, B.V.M. President Attest: Sister Mary Roberdette, B.V.M. Secretary (Seal of Clarke College) CITY OF DUBUQUE, IOWA By Charles A. Kintzinger, Mayor Attest: Leo F. Frommelt, City Clerk (Seal of the City of Dubuque, Iowa) 282 Regular Session, June 1, 1959 RESOLUTION N0.141-59 Whereas, Clarke College has ten- dered aproposed Agreement pro• viding for the conveyance of Lot 2 of the Subdivision of Mineral Lot 199, and Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 190, in the City of Du- buque, Dubuque County, Iowa, subject to the terms and conditions set forth in said agreement; and Whereas, said property is re• quired for the extension of North Grandview Avenue; and Whereas, the improvements placed hereafter on said property will be of no benefit to said Col- lege so long as access thereto is not provided to its remaining prop• erty; and Whereas, the City Council has examined the proposed terms and conditions as set forth in said Agreement; Now Therefore, Be It Resolved By the City Council of the City of Dubuque: Section 1. That the terms and conditions of said Agreement be ap- proved and that the Mayor and City Clerk be and they are hereby au- thorized and directed to execute said Agreement on behalf of the City of Dubuque; Section 2. That said Agreement be set forth in full in the record of the Council Proceedings. Passed, adopted and approved this 1st day of June, A.D. 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND, LEO N, SCHUELLER, CLARENCE P. WELU, 1•~r~1t J. TAKOS, Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Freund moved the adoption of the resolution. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. May 13, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is subdivi- sion plat of Block 8 Green Acres Subdivision. This subdivision is located east of Oak Crest Drive on Maplewood Court and is owned by Reilly Realty Ca. This plat has been examined and approved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 142-59 Resolution Approving Plat of Block 8 in Green Acres Subdivision in the City of Dubuque, Iowa. Whereas there has been filed with the City Clerk a plat in which Block 8 in Green Acres Subdivision in the City of Dubuque, Iowa is platted as Lots, 1, 2, 3, 4, 5, 6, 7, 8 and 9 each in Block 8 Green Acres Subdivision in the City of Dubuque, Iowa and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, Whereas said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the above de• scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse th approval of the City upon said plat. Regular Session, June 1, 1959 283 Passed, adopted and approved this 1st day of June A.D., 1959. CHARLES A, KRQTZINGER, '~ Mayor GEORGE A. FREUND, LEO N. SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, , `'' Councilmen Attest: Leo F. Frommelt, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Freund, Carried by the following vote; Yeas-Mayor Kintzinger, Council- . men Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 143-59 Preliminary Resolution for the Con• sfruction of City of Dubuque 1959 Concrete Sidewalk Project No. 1 Whereas, the City Council deems r itnecessary to institute procedings , for the construction of concrete I sidewalks where none exist on the following portions of the fallowing named streets: CITY OF DUBUQUE 1959 ~ CONCRETE SIDEWALK PROJECT N0. 1 1. Asbury Road from city limits to West Property Line of Car• ter Road (both sides) and from East Property Line of Carter i Road to West Property Line of Bunker Hill Street (north side only). 2. Avalon Road from the South Property Line of Asbury to 3 North Property Line of Hill• crest Road. 3. Broadlawn Street from South Property Line of Asbury to North Property Line of Hill• crest Road. 4. Carter Road from South Prop- erty Line of Kaufmann Avenue to south end of Carter Road. 5, Chaney Road from the North Property Line of Pennsylvania Avenue to the South Property '' Line of Asbury Road. 6. Cross Street from the West Property Line of Simpson Street to the South Property Line of Coates Street. 7. Deborah Drive from the East `~ Property Line of Carter Road to the North Property Line of ~ Jeffrey Drive. 8. Evergreen Drive from the North Property Line of Asbury to the South Property Line of Kaufmann Avenue. 9. Hillcrest Road from the South Property Line of Asbury to the East Property Line of Avalon Road (north side only). 10. Hillcrest Road from the West Property Line of Avalon Road to the West End of Hillcrest Road (both sides). 11. Jeffrey Drive from the West Property Line of Hillcrest to the East End of Jeffrey Drive. 12. Karen Road from the West Property Line of Carter Road to the East Property Line of Evergreen Drive. 13. Kevindale Road from the North Property Line of Kayen Road to the South Property Line of Lindale Street. 14. Lindale Street from the West Property Line of Woodlawn Street to the East Property Line of Evergreen Drive. 15. Morningview Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road. 16. Mullin Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road. 17. Ogilby Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road. 18. Pennsylvania Avenue from the West Property Line of Green Steret to the East Property Line of Chaney Road. 19. St. Anne Street from the East Property Line of Chaney Road to Flora Park. 20. Simpson Street from the East Property Line of Fremont Av enue to the west property llae of Cross Street. 21. Valleyview Road from the West Property Line of Chaney Road to the East Property Line of Carter Road. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa: 1. That the City Engineer is here• by instructed to prepare prelim• inary plans and specificatio~u, fi ~+: ,~ , j' fi'; !' 284 Regular Session, June 1, .1959 an estimato of total cost and a plat and schedule for said im- provement and place same on file with-the City Clerk. 2. That the property to be bene- fitted by said improvement is all real estate abutting on the above described portions of the abaue naffed streets where con- crete sidewalks da not now exist. 3, The estimate of total cast of said improvement herein or- dered shall include an estimate of the cost of engineering, pre• liminary reports, property valua- tions, estimates, plans, speci- fications, notices, legal services, acquisition of land, consequen- tial damages or costs, easements rights of way, construction, (re- pair) supervision, inspection, testing, notices of publication, interest, and printing and sale of bonds. 4; These proceedings are covered ,.under Cl-iapter.391A of the 1954 Code of Iowa. 5. That: said improvement is here- by designated "City of Dubuque .1959 Concrete Sidewalk Project No. 1".and may be referred to by such title in all subsequent proceedings. Passed, adapted and approved this 1st day of June, 1959, CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, Councilmen Attest: -LEO F. FROMMELT, City Clerk Mayor Kintzinger moved the adoption of the resolution: Second- -ed by Councilman Takos. Carried by-the following vote; Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. .Nays-None. REPORT OF VALUATION COMMITTEE Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the proposed plat of the City of Du- buque 1959 Concrete Sidewalk Pro- ject No, 1 and a proposed schedule of valuations of_the lots within .the district- served by said improve- ment. .:KENNETH J, CULLEN City Engineer Mayor Kintzinger moved that the communication be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Council- men Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 144-59 Resolution Determining Valuations of Each. Lot Within the Proposed Assesment District for City of Du• buque 1959 Concrete Sidewalk Project No. 1 Be It Resolved by the City Coun- cil of the City of Dubuque: 1, That the valuations set out in the attached list are hereby de• termined to be the present fair market value, with the proposed improvement completed, of each lot within the. proposed assess- ment district for City of Du- buque 1959 Concrete Sidewalk Project No. 1, and the City Clerk is hereby directed to re- port the same to the City En- gineer who shall show such valuations on 'the schedule heretofore ordered for said im- provement. Passed, adopted and approved this 1st day of June, 1959, CHARLES A. KRVTZINGER, Mayor GEORGE A. FREUND, LEO N. SCHUELLER, CLARENCE P. WELU, PETER J. TAKOS, Councilmen Attest: LEO F. FROMMELT, ..City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger; Council- men Freund, .Schueller, Takos, Welu. Nays-None. Regular Session, June 1, 1959 285 RESOLUTION N0. 145.59. Preliminary approval and esti- mate, form of contract, plat and ' schedule and all other documents far City of Dubuque 1959 Concrete Sidewalk Project No. 1 at an esti- ~nated cost of $93,357.18 on the following named streets; 1. Asbury Road from city limits to West Property Line of Car- . ter Road (both sides) and from East Property Line of Carter Road to West Property Line of Bunker Hill Street (north side only), 2. Avalon Road Pram the South Property Line of Asbury to North Property Line of Hill- crest Road. 3. Broadlawn Street from South Property Line of Asbury to North Property Line of Hill- crest Road. 4. Carter Road from South Prop• erty Line of Kaufmann Ave- nue to south end of Carter Road. 5. Chaney Raad from the North Property Line of Pennsylvania Avenue to the South Property i Line of Asbury Road. 6. Cross Street from the Wes t ', Property Line of Simpson Streot to the South Property Line of Coates Street. ~ 7. Deborah Drive from the East ~ Property Line of Carter Road to the North Property Line of Jeffrey Drive. 8. Evergreen Drive from t h e North Property Line of As- - bury to the South Property Line of Kaufmann Avenue. 9. Hillcrest Road from t h e South Property Line of As- bury to the East Property ~ Line of Avalon Road (north i side only). 10. Hillcrest Road from the West Property Line of Avalon Road to the West End of Hillcrest Road (both sides). 11. Jeffrey Drive from the West Property Line of Hillcrest to the East End of Jeffrey ' Drive. 12, Karen Road from the West Property Line of Carter Road to the East Property Line of Evergreen Drive, ,.Y 1' 13. Kevindale Road from the North Property Line of Karen Road to the South Property Line of Lindale Street. 14. Lindale Street from the West Property Line of Woodlawn Street to the East Property Line of Evergreen Drive. 15. Morningview Road from t h e South Property Line of As• bury Road to the North Prop- erty Line of Hillcrest Road. 16. Mullin Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road, 17. Ogilby Road from the South Property Line of Asbury Road to the North Property 'Line of Hillcrest Raad. 18. Pennsylvania Avenue fro m the West Property Line of Green Street to the E a s t Property Line of Chaney Road. 19. St. Anne Street from t b e East Property Line of Chaney Road to Flora Park. 20. Simpson Street from the East Property Line of Fremont Avenue to the West Property Line of Cross Street. 21. Valleyview Road from t h e West Property Line of Chaney Road to the East Property Line of Carter Road. presented and read. Councilman Welu moved the adoption of the Resolution. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION N0. 14659 Resolution of Necessity for Construction of City of Du• buque 1959 Concrete Side- walk Project No, 1, also set- ting time and place of hear- ing and prescribing notice for City of Dubuque 1959 Con- crete Sidewalk Project No. 1. WHEREAS, proposed plans and specifications, plat and schedule have been duly prepared and ap• proved by the City Council of the City of Dubuque and are now on 288 Regular Session, June 1, 1959 file in the office of the C}ty Clerk showing, among other, the following: 1. An estimated total cost of the work. 2. The amount proposed to be assessed against each lot for the improvement for the construction of the City of Dubuque 1959 Con• crete Sidewalk Project No. 1 can• sisting of concrete sidewalks in the fallowing named streets: 1. Asbury Road from city limits to West Property Line of Car- ter Road (both sides) and from East Property Line of Carter Road to West Property Line of Bunker Hill Street (north side only). 2, Avalon Road from the South Property Line of Asbury to North Property Line of Hill- crest Road. 3. Braadlawn Street from South Property Line of Asbury to North Property Line of Hill• crest Road. 4. Carter Road from South Prop• erty Line of Kaufmann Ave• nue to south end of Carter Raad. 5. Chaney Road from the North Property Line of Pennsylvania Avenue to the South Property Line of Asbury Road. B. Cross Street from the West Property Line of Simpson Street to the South Property Line of Coates Street. 7. Deborah Drive from the East Property Line of Carter Road to the North Property Line of Jeffrey Drive, 8, Evergreen Drive from t h e North Property Line of As• bury to the South Property Line of Kaufmann Avenue. 9, Hillcrest Road from the South Property Line of Asbury to the East Property Line of Avalon Raad (north side only). 10. Hillcrest Road from the West Property Line of Avalon Road to the West End of Hillcrest Road (both sides). 11. Jeffrey Drive from the West Property 'Line of Hillcrest to the East End of Jeffrey Drive. 12. Karen Road from the Wes t Property Line of Carter Road to the East Property Line of Evergreen Drive. 13. Kevindale Road from the North Property Line of Karen Road ~to the South Property Line of Lindale Street. 14. Lindale Street from the West Property Line of Woodlawn Street to the East Poeperty Line of Evergreen Drive. 15. Morningview Road from t h e South Property Line of As• bury Raad to the North Prap• erty 'Line of Hillcrest Road. 16. Mullin Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road. 17. Ogilby Road from the South Property Line of Asbury Road to the North Property Line of Hillcrest Road, 18. Pennsylvania Avenue fro m the West Property Line of Green Street to the East Property Line of Chaney Road. 19. St. Anne Street from the East Property Line of Chaney Road to Flora Park. 20. Simpson Street from the East Property Line of Fremont Avenue to the West Property Line of Crass Street. 21. Valleyview Road from the West Property Line of Chaney Road to the East Property Line of Carter Road. BE IT THEREFORE RESOLVED by the City Council of the City of Dubuque, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said improvement. 2. Said improvement shall be constructed and done in ac- cordance with said plans and specifications and the total cost of making said improve- ment shall be assessed against all privately owned property lying within the assessment district shown on such plat in an amount not to exceed the amount provided by law and in proportion to the spe• cial benefits conferred. Regular Session, June 1, 1959 287 `i 3. Bands shall be issued and ,~ sold in anticipation of de- (~ ferred payments of assess- ~' menu when a contract h a s been performed and accepted ~~~ and the proceeds thereof used to pay the contractor. 4. On the 8th day of July 1959 at 7:30 P.M., the City Council will meet in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, and hear property owners subject to the assessment and ~ ~~ interested parties for a n d against the improvement, its costs, the assessment thereof, or the boundaries of the dis- trict. - 5. The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hear ing to be given by publication once each week for two con- secutive weeks the first of which publications shall be not less than fifteen nor more than twenty-five dayis prior to said hearing and by mail- ing acopy of said notice by ordinary mail to the owners of said property to be as- sessed, as shown by the rec• ards in the Office of the County Auditor not less than fifteen days prior to said hear- ing. ~ Approved on first reading this 1st day of June 1959. CHARLES A. KINTZINGER Mayor t GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk r Councilman Welu moved the ap- proval of the resolution. Seconded by Councilman Takas. Carried by the following vote: "` Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, There being no further business Councilman Freund moved to ad• journ, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schuellor, Takos, Welu, Nays-None. Leo F. Frommelt City Clerk, Approved ....................................1959 Adopted ......................................1959 Councilmen ~ ......................... ....... Attest ................................................ City Clerk 2$8 Special Session, June 22, 1959 CITY COUNCIL (OFFICIAL) Special Session, June 22, 1959. Council met at 7:30 P.M. Present :- Mayor Kintzinger, Councilmen Freund, Schueller, Ta- kos, Welu. City Manager Schiltz. Mayor Kintzinger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose to consider proposals submitted by contractors for the construction of City of Dubuque Iowa, 1959 Boulevard Lighting Project No. 1-Bid Sections No. 1 to No. 8 inclusive, also 'to con• duct a public hearing on the dis• posal of certain City owned real estate in partial consideration of conveyance to the City of certain properties for the extension of Grandview Avenue, and also act- ing on any other business as may come before a regular meeting of the City Council, Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of Pro- posals for the construction of CITY OF DUBUQUE, IOWA, 1959 BOULEVARD LIGHTING PROJ- ECT N0. 1, Bid Sections No. 1 to No, 8 inclusive as follows: Bid Section No. 1-Main Street from Fourth Street to T w e l f t h Street; Bid Section No, 3-Main Street from Twelfth Street to Thirteenth Street; Bid Section No. 4-Iowa Street from Fourth Street to Loras Boule- vard; Bid Section No. 7 -Eighth Street from Central Avenue to Bluff Street; Bid Section No, 8-Ninth Street from Central Avenuo to B l u f f Street; Bid Sections No. 2, 5, 6, are deleted; presented and read. Councilman Schueller moved that the proof of publication be received a n d filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Retail Mer- chants Bureau submitting a reso- lution as being in favor of the installation of six tube light fix- tures on Main Street, Eighth Street and Ninth Street, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Councilman Schueller moved that the rules be suspended in order to let anyone present ad- dress the Council if theq so de• sire. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr. Ken Hartig addressed the Council by stating that he would be in favor of the six tube lumin- aires. The question was raised as to operation cost of the six tube luminaires after midnight to dawn and it was proved from the figures available that the additional cost would only be 40c per month. June 22, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your directions, sealed bids were received until 10:00 A. M, June 22, 1959, far the City of Dubuque 1959 Boule- vard Lighting Project No. 1. The lowest and best bids were sub- mitted by Schueller and Company, Inc., of Dubuque, Iowa, The bids submitted were as follows: Bid Section No. 1-Main Street from 4th Street to 12th Street Six Tube Fixture mounted on a round steel davit pole $33,379.39 - 4.50% under esti- mate Bid SSection No. 3-Main Street from 12th Street to 13th Street Six tube fixture mounted on a round steel davit pole $3,990.38 - 5.92% under esti- mate Special Session, June 22, 1959 289 Bld Section No. 4-Iawa Street from 4th Street to Laras Boule- i vard Four tube fixture mounted on a round steel davit pole $35,602.61 - 0.19% under esti- mate Bid Section No. 7-Eighth Street from Central Avenue to Bluff Street Six tube fixture mounted on a round steel davit pole. $12,421,05 - 8.64% under esti- mate Bid Section No. 8-Ninth Street from Central Avenue to Bluff Street Six tube fixture mounted on a round steel davit pale $13,336.14 - 6.57% under esti• mate A tabulation of all the bids received is attached. I recommend that Schueller and Company Inc., of Dubuque, Iowa, be awarded the contracts for Bid Sections No. 1, 3, 4, 7 and 8 of the City of Dubuque 1959 Boule• vard Lighting Project Na. 1 with the type of fixture as described above and supplied by General ~ Electric Company; and the type of poles as described above and supplied by the Union Meta 1 Company, Respectfully submitted, ~ L. J. Schiltz ~ City Manager Mayor Kintzinger moved that the recommendation of the City Manager be approved. Seconded by Councilman Welu. Carried by t the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) y RESOLUTION N0.147.59 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque, Iowa, 4 1959 Boulevard Lighting Project No. 1. Bid Section No. 1 pursuant to Resolution No. 127.59 and notice to bidders published in a news- paper published in said City on ~ 5 June, 1959 and 12 June, 1959; ~~` and WHEREAS, said sealed proposals were opened and read on 22 June, 1959, and it has ben determined that the bid of Schueller & Com- pany, Inc. of Dubuque, Iowa in the amount of $33,379.39 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller & Company, Inc. and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete per- formance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 22nd day of June, 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution, Second• ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 148.59 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1959 Boulevard Lighting Project No. 1. Bid Section No. 3 pursuant to Reso• lution No. 127.59 and notice to bid- ders published in a newspaper pub• lished in said City on 5 June, 1959 and 12 June, 1959, and it has been determined that the bid of Schuel• ler & Co. Inc, of Dubuque, Iowa in the amount of $3,D90.38 was the lowest bid for the furnishing of all 290 Special Session, June 22, 1959 labor and materials and performing the work as provided for in the plans and specifications; now there- fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller & Co, Inc. and the Manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of said work, BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the. bid deposits of the unsuccess- ful bidders. Passed and adopted this 22nd day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU r~rrit J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 149.59 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1959 Boulevard Lighting Project No. 1. Bid Section No, 4 pursuant to Resolution No. 127.59 and notice to bidders published in a newspaper published in said City on June 5, 1959 and June 12, 1959; and WHEREAS, said sealed proposals were opened and read on June 22, 1959, and it has been determined that the bid of Schueller & Co. Inc. of Dubuque, Iowa in the amount of $35,602.81 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 Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller & Co. Inc. and the Manager be and he is hereby di- rected to execute a contract on behalf of the City of Dubuque for the complete performance of said work. BE iT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the un• successful bidders. Passed and adopted this 22nd day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 150.59 WHEREAS, sealed proposals have been submitted by contractors for the City of Dubuque 1959 Boulevard Lighting Project No. 1. Bid Section No. 7 pursuant to Reso- lution No. 127.59 and notice to bid- ders published in a newspaper pub- lished in said City on June 5, 1959 and June 12, 1959; and WHEREAS, said sealed proposals were opened and read on June 22, 1959, and it has been determined that the bid of Schueller & Co. Inc. of Dubuque, Iowa in the amount of $12,421.05 was the lowest bid far 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 Council of the City of Dubuque that the contract for the above mention• Special Session, June 22, 1959 291 ed improvement be awarded to Schueller & Co. Inc, and the Man- ;, 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 con• tract and the approval of the con• tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 22nd day of June, 1959. CHARLES A, KINTZBAGER Mayor GEORGE A. FREUND LEO N. SCHUELLER h CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor I{intzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. (Awarding Contract) RESOLUTION N0. 151.59 WHEREAS, sealed proposals have been submitted by contractors t for the City of Dubuque 1959 Boulevard Lighting Project No. 1 Bid Section No. 8 pursuant to Reso- lution No. 127.59 and notice to bidders published in a newspaper published in said City on June 5, ~ 1959 and June 12, 1959, and WHEREAS, said sealed proposals were opened and read on June 22, 1959, and it has been determined that the bid of Schueller & Co. Inc. of Dubuque, Iowa in the amount of $13,336.14 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 1T RESOLVED by~the City Council of the City of Dubuque that the contract for the above men• tinned improvement be awarded to Schueller & Co. Inc. and the Man• ager be and he is hereby directed 'ik :. to execute a contract on behalf of the City of Dubuque for the com- plate performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con• tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re• turn the bid deposits of the unsuc- cessful bidders. Passed and adopted this 22nd day of June, 1959. CHARLES A, KINTZIDiGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, Mr. John Rider Wallis presented to the Mayor and City Council a special citation given by the Ameri• can Automobile Association for cooperation for pedestrian Safety and Convenience among cities 50,000 to 100,000 population Casual• ty Record, Mayor I{intzinger ac• cepted the citation with thanks and praised the Traffic Department and all those of City that made the receiving of the citation possible. June 19,1959 The Honorable Members of the City Council City of Dubuque, Dubuque, Iowa Honorable Sirs: Re: Rafferty Park Property, bounded by Locust Street, Rail• road Avenue, Harrison Street, and property of Eagle Market (Following portions of Indus• trial Subdivision: So. 161 ft. of Lots 1 and 3 in Block D, sub• ject to easement for storm sewer located approximately 9 ft. south of the north line of the south 181 ft. of Lots 1 and 3 in Block D. Lots 1, 2, 3 and 4 in Block E. Lots 1, 2, 3 and 4 in Block F.) except that p8rt of subject property now locat• ed in Locust Street. Sears, Roebuek and Co. hereby offers to purchase the above men• 292 Special Session, June 22, 1959 tinned property from the City of Dubuque for the price and upon the terms, provisions and condi- tions hereinafter set forth: 1, Purchase Price ....,.$284,359.00 2. Earnest money here- with .......................... 28,436.00 3. Balance payable up- ondelivery of deed $255,923.00 4. This offer is subject to accept- ance by the City of Dubuque or conswnmation of the sale on or before November 1, 1959, and if not accepted on or before Novem• ber 1,1959, then the earnest money tndered herewith shall be refu[[ded to Sears, Roebuck and Co. 5. This offer is further subject to conveyance by the City of Dubuque to Sears, Roebuck and Co, of good, merchantable and insurable title, free of alI liens and encumbrances, by geed and sufficient deed, on or before January 1, 1960, it being understood that if the City should fail so to convey such title on or before said date, then Sears, Roe- buck and Co. shall have the right to terminate and cancel this offer, either before or after acceptance by the City, by giving written no- tice of such termination and cancel- lation to the City, in the manner hereinafter provided, and, in the event of such termination and can- cellation, the earnest money, deliv- ered herewith, shall be returned to Sears, Roebuck and Co. 6. It is intended by Sears, Roe- buck and Co. that it will construct, or cause to be constructed upon the subject property of the following: (a) A retail department store of approximately 80,000 square feat, gross area, of modern architectural design and fire- proof construction, containing selling area, stock, warehouse and office space. (b) An automobile service sta- tion with facilities for the in- stallation of tires, batteries and accessories. (c) An automobile parking lot with a capacity of more than 600 cars, with appropriate sur- facing, lighting, drainage and landscaping. (d) A warehouse, either attached to or separate from the store mentiond above, of approxi- mately 30,000 square feet, gross area, 7, The Company would probably commence construction of the above mentioned project within one (1) year following transfer of title from the City, but would ask for a minimum of four (4) years within which to commence such construction, with the understand- ing and proviso that if construction should not be commenced within such four (4) year period, then the City would have the right to re- purchase the property for the price theretofore paid by the Company. 8. Until the commencement of construction, the City would have the right to the continued use of the property, with the further right, prior to commencement of construction, to move the play- ground and all other City equip- ment now installed in the Park. 9. This offer is subject to the right of Sears, Roebuck and Co. to inspect said property and make test borings for the purpose of determining the soil conditions of said property, it being expressly understood that if, in the sole and absolute discretion of Sears, Roe- buck and Co., the soil conditions of said property, as shown by said test borings, should render the construction and erection of the above mentioned facilities inadvis- able or costly to an extent deemed by Sears, Roebuck and Co, to be un- reasonable or excessive, then and in such event Sears, Roebuck and Co. shall have the right to termin- ate and cancel this offer, either before or after acceptance hereof (but before conveyance of title to Sears, Roebuck and Co.) by giving written notice of such termination and cancellation to the City of Dubuque, such notice to be sent by registered mail and addressed to the attention of the City Man- ager. In the event of such termina- tion and cancellation, the earnest money, delivered herewith, shall b returned to Sears, Roebuck and Co. 10. It is understood that the said property is zoned for indus• trial or business uses, so that the ,t u~r Special Session, June 22, 1959 293 property may be utilized for the purposes mentioned above, 11. The portions of Charter Street and Camp Street lying be- tween South Locust and Harrison Street shall be vacated and shall be conveyed with the aforesaid tract as a part thereof and without payment of any additional consid- eration, but there shall remain in effect all rights of access, and of ingress and egress, at the places where Charter and Camp Streets, as now platted, intersect with the easterly line of South Locust Street. The following additional infor- mation is respectfully submitted, but does not constitute a condition or covenant in connection with the purchase of said property, It is contemplated by Sears, Roebuck and Co. that it will em- ploy approximately 200 persons in the conduct and operation of its business upon said property and that, during peak business seasons, the number of said employees will increase to approximately 250. It is estimated that the annual payroll to be paid to said employees will be a minimum of $600,000.00. Respectfully submitted, SEARS, ROEBUCK & CO. By G. M. Metcalf, Vice President Councilman Freund moved that a proper plat .and proceedings be prepared, Seconded by Councilman Kintzinger. Carried by the fallow- ing vote: Yeas-Mayor Kintzinger, Coun- cilman Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the check be put in a special trust fund. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor iRntzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Official Notice of a public hearing to consider the proposal to dispose of Lot 1 and Lot 2 of Vacated Bauer Street and LotlofLot2ofLotlofLotl of Mineral Lot 337 in the City of Dubuque to Otto Spechtenhauser in partial consideration of the convey once to the City of certain proper- ties for the extension of Grandview Avenue, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takes, Welu. Nays-None. RESOLUTION N0. 1S2•S9 Resolution Authorizing the Con• veyance of certain herein describ• ed Real Estate to Otto Spechten• hauler. Whereas, on June 22, 1959, the City Council at a public hearing held at 7:30 o'clock P.M, in the City Council Chambers in the City Hall, pursuant to notice published in the Telegraph Herald on May 22, 1959 and May 29, 1959, has deter- mined that it is in the best public interest that the herein described exchange of real estate be approv ed; NOW THEREFORE, BE Tl' RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the proposal to convey Lot 1 and Lot 2 of Vacated Bauer Street and Lot 1 of .Lot 2 of Lot 1 of Lot 1 of Mineral Lot 337 in the City of Dubuque, Dubuque County, Iowa, to Otto Spechtenhauser in ex- change for the conveyance to the City of Dubuque by the said Otto Spechtenhauser of Lot 1 of Lot 2 of Mineral Lot 336; Lot 27 Burtons Addition; Lat 28 Burtons Addition; Lot 1 of Lot 2 of Lot 30 Burtons Ad- dition; Lot 2 of Lot 2 of Lot 1 of Lot 31 Burtons Addition; Lot 2 of Lot 1 of Lot 30 Burt- ons Addition; Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of 294 Special Session, June 22,1959 Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 342 in the City of Dubuque, Dubuque County, Iowa be and the same is hereby approve ed; Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed conveying all right, title and interest of the City of Dubuque in and to Lot 1 and Lot 2 of Vacated Bauer Street and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Mineral Lot 337 in the City of Dubuque, Dubuque County, Iowa to Otto Spechtenhauser, and deliv- er the same upon receipt of the conveyance to the City of Dubuque of Lot 1 of Lot 2 of Mineral Lot 336; Lot 27 Burtons Addition; Lot 28 Burtons Addition; Lot 1 of Lat 2 of Lot 30 Burtons Addition; Lot 2 of Lot 2 of Lot 1 of Lot 31 Burtons Addition; Lot 2 of Lot 1 of Lot 30 Burt• ons Addition; Lot 2 of Lot i of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 342 in the City of Dubuque, Dubuque County, Iowa. Section 3. That the City- Clerk be and he is hereby directed to record a certified copy of this Reso- lution in the office of the County Recorder of Dubuque County, Iowa. Passed and adopted after public hearing by recorded roll call vote this 22nd day of June, A. D. 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCIIUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, Proof of Publication, certified to by the Publisher, of Official Notice, of public hearing to consider the proposal to dispose of Lot 1 of Lot 1 of Lot 2 of Lot 30 of Burtons Addition and Lot 2 of Lot 1 of Lat 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Min• eral Lot 342 in the City of Dubuque to Dale B. & Hilda Wiegand in partial consideration of the convey- ance to the City of certain proper- ties for the extension of Grandview Avenue, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for the public hearing. Councilman Freund moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION N0. 153.59 Resolution Authorizing the Con- veyance of certain herein described Real Estate to Dale B. Wiegand and Hilda Wiegand. Whereas, on June 22, 1959 the City Council at a public hearing held at 7:30 o'clock P.M. in the City Council Chambers in the City Hall, pursuant to notice published in the Telegraph Herald on May 22, 1959 and May 29, 1959, has deter- mined that it is in the best public interest that the herein described exchange of real estate be approv- ed; NOW THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CPfY OF DUBUQUE, IOWA: Section 1. That the proposal to convey Lot 1 of Lot 1 of Lot 2 of Lot 30 of Burtons Addition and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 pf Mineral Lot 342, in the City of Dubuque, Dubuque County, Iowa to Dale e. Wiegand and Hilda Wiegand, in exchange for the con- j. Special Session, June 2~, 1959 295 II '~, veyance to the City of Dubuque by the said Dale B. Wiegand and Hilda Wiegand of Lot 2 of Lot 1 of Lot 1 of Min- eral Lot 337 in the City of Du- buque, Dubuque County, Iowa, according to the record plat thereof be and the same is hereby approv- ed; Section 2, That the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed conveying all right, title and interest of the City of Dubuque in and to Lot 1 of Lot 1 of Lot 2 of Lot 30 of Burtons Addition and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lat 1 of Lot 1 of Lot 1 of Mineral Lot 342, in the City of Dubuque, Dubuque County, Iowa, to Dale B. Wiegand and Hilda Wiegand, and deliver the same upon receipt of the conveyance to the City of Dubuque of Lot 2 of Lot 1 of Lot 1 of Min• eral Lot 337 in the City of Du• buque, Dubuque County, Iowa, according to the recorded plat thereof. Section 3, That the City Clerk be and he is hereby directed to record a certified copy of this Resolution in the office of the County Recard• er of Dubuque County, Iowa. Passed and adopted after public hearing by recorded roll call vote r 22nd day of June, A. D. 1959. CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P. WELU ( PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: ~; Yeas-Mayor Kintzinger, Coun- ~~,.` cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication o f Dubuque County Auditor stating that the Board of Supervisors have sold M. L. 134 in the City of Dubuque to Clifford M. Less for the sum of $30.00, which is considerably less than the taxes due in which case approval of the two other taxing bodies must be received, presented and read., Council Welu moved that the Council view the grounds, Second• ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. II' I Council proceedings for the month. of January 1959 presented for approval, Councilman Freund moved that the Council proceed- ings for the month of January 1959 be approved as printed. Sec• onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Ralph Graham and others requesting the installa- tion of a street light between Hill and Alpine on Solon Street was re• ferred to the City Manager for in• vestigation and report. Upon investigation it was found that the distance between street lights is 617 feet. In order to con• form to the standards of other street lights in Dubuque it is re- commended that a street light be installed between 1160 and 1153 Solon Street provided an easement can be obtained to bring the wires from the alley. Respectfully submitted, L. J. SCHILTZ, City Manager Mrs. Edw. Alber of 1150 Solon Street addressed the Council in objection to the recommendation of the City Manager as to the location of the proposed light. 296 Special Session, June 22, 1959 _ _. _ Councilman Freund moved that the communication be referred back to the Manager for further investigation and report, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schuoller, Takos, Welu. Nays-None. June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: A request has been submitted for the installation of a street light on Huff Street somewhere near the Thermo Electric Company building. Upon investigation we find that this street is completely without lights. Therefore it is recommended that a light be installed near the south corner of the Thermo Elec• tric building. Respectfully submitted, L. J. SCHII,TZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved, Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: A request has been made by residents of Wartburg Place from Sunset Ridge to Simpson Street for the installation of additional street lights. Upon investigation, it was found that the distance between street lights in this area is considerably more than those in other sections of the city and above the recom- mended standard. In view of this I recommend that three new street lights be installed on this street: one at a point 61 feet from the entrance of Sunset Ridge, one on Pole No. 207925C and one on pole halfway between the light at the intersection of Fremont and Wartburg and the first light south. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second- ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. June 18,1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching the report of the Interstate Power Company for the year ending December 31, 1958. This report shows that the Electric Department had an operating pro• fit of $15b,022,68 and the Bus Department had a loss of $66,- 519.79. Respectfully submitted, L. J. SCHII,TZ City Manager Councilman Welu moved that the report be received and filed. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. June 17, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treaurer, City Health Department and City Water Works for the month of May as well as the list of claims for which warrants were issued for the month of May, 1959. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schueller. Carried by the following vote; Special Session, June 22, 1989 297 Yeas-Mayor Kintzinger, Council• men Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Statement of Receipts and a list of claims for which warrants were drawn during the month of May 1959, presented and read, Councilman Freund moved that - the proof of publication be receiv- ed and filed. Seconded by Council- - man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-rNone, ~ June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Carl Herburger requesting that "No Parking" be removed from both sides of East 30th Street east of Jackson Street was referred to the City Manager. Upon investigation by the Police ~ Department, we find that 30th Street is one of Dubuque's narrow streets and the allowing of parking on both sides of 30th Street would be a step backwards. There is con- .. siderable vehicular traffic on this `! street as a result of employee usage and this includes employees of H dr Wand Unique Balance Company. It is therefore recommended that the petition be denied. r Respectfully submitted, L, J. 5CHH.TZ, City Manager Councilman Takos moved that the recommendation of the City Man• ager be approved. Seconded by Councilman Freund; Carried by the following vote: Yeas-Mayor Kintzinger, Coun~ cilmen Freund, Schueller, Takos, Welu. Nays-None. June 22, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: ~~`k During the past year we have been investigating the parking problems in the area from 10th Street to 14th Street and between Iowa, Central and White Streets. Our investigation shows that there is a shortage of parking in blocks between Iowa and Central and ex- tending from 11th to 14th Street. Upon investigation it has been determined that before any off- street parking facilities are consid- ered, metered parking should be installed on 11th Street, 13th Street and White Street. Also, the nine hour meters on 13th Street be• tween Main and Iowa Street and Iowa Street between 13th and 14th Street should be changed from dine hour meters to two hour meters. It is believed that the installa- tion of these parking meters will create a turnover of traffic that will give approximately 150 addi• tional parking spaces on the street that is not now available because of all day parking. Negotiations are now underway for the acquisition of off-street parking facilities in this area that will be able to ac- comodate short time porkers that are patronizing the retail stores in this area. It is my recommendation that two hour meters be installed be- tween Central Avenue and White Street on East 10th, East 11th and East 13th Street, on Iowa Street between 13th and 14th Street, on 13th Street between Main and Iowa Street and on the west side of White Street from 10th to 14th Street; that nine hour meters be installed on the east side of White Street from 10th Street to 14th Street. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved and that proper proceedings be drawn. Sec- onded by Councilman Freund. Car• tied by the fallowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, Petitionof Fred C. Hersche et al requesting a parking lot for Cen• tral Avenue to serve the oleo be- tween 12th and 16th street on Cen• ttal, recommending a White street location, presented and teed. 298 Special Session, June 22, 1959 Petition of Hansel & Barth et al requesting a parking lot for Cen• tral, to serve the area between 12th and 15th on Central, recom- mending aWhite street location, presented and read. A group of Central Avenue mer- chants, both renters and property owners, consisting of Ed. Turn• qulst, Carl Danglemeyer, Leo Stef- fen, John Heiderscheit, Cliff Walsh, Tom Voelker and Fred Her• sche, addressed the Council by stressing the immediate need and urgency in procuring parking lots. Mr. John T. McKeever addressed the Council by stating that three parcels of land are presently avail- able for parking lots between 14th ds 15th street on White. City Manager Schiltz brought out the fact that by the approval of his recommendation just read, rela- tive to the installation of two hour and nine hour meters from .10th to 14th streets, it would provide a tura•over of 132 spaces for cars, After considerable discussion Mayor Kintzinger moved the peti• lions be referred to the City Coun- cil and City Manager for study and immedate action towards obtaining farther parking lots, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. June 22, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your ap- proval on same for filing, subject to the approval of the City Solicit- or: SIDEWALK George Altman, American Surety Company Kenneth Schromen, Ohio Casual• ty Insurance Co. Lowell Udell, American Surety Company Ralph Reisen, Merchants Mutual Bonding Co. Walter Asmussen, Western Cas• ualty & Surety Co, HEATING Walter F. Gronau and William H. Lammer, United Pacific Insur- ance Co. Russell L. Rafoth, Fidelity & Casualty Co. Bond No. 51213663 EXCAVATION George I. Beaves, U. S. Fidelity & Guaranty Co. Charles Beversdorf, d/b/a Bev ersdorf Company, American Surety Company Policy No. CLP-112- 42588 Kenneth W. Gaber, d/b/a K. W. Construction Co„ Bituminous Cas- ualty Carp. BLASTING Kenneth W. Gaber, d/b/a K. W. Gaber Construction Co., American Surety Company. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the bonds and policies be filed sub- jeet to the approval of the City Solicitor. Seconded by Councilman Freund. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Mrs, Kathryn Briggs Lolwing of 2757 Windsor Avenue, requesting the Council to consider remedying a condition presently existing in the founda• lion of her home that was damaged as the result of a broken water main last February 6th, presented and read. Mayor Kintzinger moved that the communication be referred to the City Solicitor far further in• vestigation and report. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis• sion has considered the request of the Crescent Realty Co. regard- Special Session, June 22, 1959 299 ing the Vacation of Camp Street from Main Street to Salina Street. The grounds were viewed and the commission recommends Vaca• lion of Camp Street as requested. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Freund moved that the recommendation of the Plan• Wing & Zoning Commission be ap• proved and that proper proceed- ings be drawn. Seconded by Coun• Gilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Neil Lutes, 771 Clarke Drive requesting Vacation of Keppler Street has been review- ed by the Planning and Zoning commission. Due to the terrain and existing conditions this street could never be used for vehicular traffic. We therefore recommend Vacation of same provided easements are re• tained for existing utilities. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Welu moved that the recommendation of the Plan- ning & Zoning Commission be ap- proved and that proper proceed- ings be drawn. Seconded by Coun• oilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schuellef, Takos, Welu. Nays-None. June 2, 1959 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In accordance with the provis• ions of Chapter 385 of the Code of Iowa, 1954, the Civil Service Commission conducted promo- tional examinations on April 28, 1959, for those seeking promo lions on the Fire Department for tlhe positions of Captains, Engi• neees and Lieutenants. The following are the names of those who passed with an average of seventy percent or better. All promotions on the Fire Depart• meat should be made from this list. CAPTAINS Kemps, John P .................95 1/596 Chambers, Leo J .............94 2/5% Brun, Donald F ..............92 % Gerhard, Edward ............91 1/596 Hantelman, Leroy J.........88 4/59b Lynch, Wm. J ...................80 ~ Kaiser, Frank R . ................78 1/5% ENGINEERS Simon. Thomas A .....................84% Reisner, John ............................8296 LIEUTENANTS Melssen, Elmer V .............92 4/5% McDermott, Francis L.....88 4/5°10 Fuller, Merlin J . ................88 4/5% Badger, William ................88 % Winter, Carl J .................88 % Weber, Edward J .............88 2/5% Cherrier, William E.........85 3/5°10 Bandy, Merle H .................84 % Lepsch, John J• ................83 1/5% Weiss, Eldon ....................83 1/5% Pregler, John P .................82 4/5% Corbett, Paul J . ................82 4/5% Doyle, John F .................81 3/5% Schuster, Paul N .............80 4/5°!0 Doyle, Joseph D .............79 1/5°10 Weidenbacher, Donald J...79 1/5% Hartley Milton R .............78 2/596 Anglin, Mark P .................78 4/5% Purcell, William R...........75 1/596 Corbett, John T ...............74 2/5°~ Melssen, Joseph L .............74 1/5% Respectfully submitted, Sylvan F. Jaenke Chairman J. A. Carew Louis J. Lagen Members of the Civil Ser- vice Commission Attest: LEO F. FROMMELT Clerk Subscribed and sworn to before me this 16th day of June, 1959. Geraldine L, Jenni Notary Public (Notary Seal) Councilman Freund moved that the communication be made a mat- ter of record, Seconded by Coun- cilman Takos• Carried by the fol- lowing vote: 300 Special Session, June 22, 1959 Yeas-Mayor Kintzinger, Coun- Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, cilmen Freund, Schueller, Takos, Welu. Welu, Nays-None. Nays-None. June 18, 1959 Honorable IKagor aad Members of the City Councii, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Gerald W. Gassman, 728 East 22nd Street, Dubuque, and can find no negligence an the part of the -City and recommend that the claim be denied. Respectfully, T, H. NELSON Councilman Takos moved that the recommendation of the City Solicitor be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Kintzinger. Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. June 4, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I herewith submit copies of re• leases executed by, Mr. and Mrs. John Weida, John Berwanger, Mr, and Mrs. Robert Lungwitz, Mr; and Mrs. Francis Brosius, Respectfully, T. H• NELSON Counoilman Freund moved that the releases be received and filed. Seconded by Councilman Welu. Carried by the following Vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of Harold E. Richey of 1717 Avoca street, in the amount of $8.50, for plumbing expense incurred as the result of a stopped•up sewer on March 7> 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Welu. Carried by the fallowing vote: Notice of claim of Mrs, Rebecca C, Roth of 2015 Chaney Road, in an unnamed amount, for personal injuries received in a fall on the sidewalk at 739 Main Street on May 1, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller• Takos, Welu. Nays-None. Notice of claim of Mrs. Allen Freese of 1501 Earl Drive, in the amount of $55.96, for auto ex• pense incurred as tlhe result of striking a hole in the street at the intersection of Brown, Carl• ton & VanBuren streets on May 2Q, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re• port. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund Schueller, Takos, Welu. Nays-None. Notice of suit of Marcella Walker, Plaintiff vs City of Du- buque, Iowa, Defendant in the amount of $15,000 for personal injuries received as the result of a fall on an ice covered side• walk running between Hill Street and Seventh Street on March 3, 1959, presented and read. Councii• man Freund moved that the no• tice be referred to the City So• licitor for investigation and re• part. Seconded by Councilman Welu. Carried by the following note: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Official Notice of a public hearing an Ordinance Na. 32.59, an Ordinance Amending Ordinance No. 3.34, j-. ;. ~a eM ~!: l ~'. I~' .. ~ «•- t ~. ~•: Special Session, June 22, 1959 301 known as the Zoning Map and Zoning Ordinance of the City of Dubuque by changing the Zoning Classification of Lots 1, 2 and 3 in Block 1 in Mettel•Braoks Addi- tion, presented and read. Coun- cilman Takos moved that the proof of publication be received and filed. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund. Schueller, Takos, Welu, Nays-None• ORDINANCE N0. 32.59 An Ordinance amending Ordi- nance No. 3.34 known as the Zon- ing Map and Zoning Ordinance of the City of Dubuque by Changing the Zoning Classification of Lots 1, 2 and 3 in Block 1 in Mettel- Brooks Addition same having passed upon first reading an June 1, 1959, final adoption of same being subject to a public hearing, presented for Final Adoption. ORDINANCE No. 32.59 An Ordinance Amending Ordinance No. 3.39, Known as the Zoning Map and Zoning Ordinance of the City of Dubuque by Changing the Zoning Clas• sification of Lots 1, 2 and 3 in Block 1 in Mettel•Brooks Addition. Whereas the Planning and Zoning Commission has filed a report recom• mending the rezon-ngg from Single Family Residence District Classifica- tion to Local Business District "A" Classification, the hereinafter de• scribed property; and Whereas a public hearing an the wassth ]d oon sthe 22nd oda ofz June 1959 at 7:30 o'clock P1My (Central Standard Time) at the City Han in Dubuque, Iowa, pursuant to due and legal notice, and all pazties In interest, and all citizens, were given an op• portunity to be heard at said hear ing; and Whereas the City Councn deems such Amendment to the ZoNng Map and the Zoning Ordinance to be necessary and proper: NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map and the Zoning Ordinance of the City of Dubuque, known as Ordinance No. 3• 39, be and the same is hereby amended and changed by changing the Zon• ing Classification of Lots 1, 2 and 3 of Block One of Mettel.Brooks Addition from Single Family Residence District Classifica• tion to Local Business District "A" Classification. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and pub- lication as by law provided. Introduced the 1st day of June, 1959. Rule requiring readfgg on three separate days suspended by unani- mous vote the 1st day of June, 1959. Passed by recorded roll call vote, adopted and approved this 22nd day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Pubnshed officiany in the Tele- graph•Herald Newspaper this 28th day of June 1959. LEO F. FROMMELT City Clerk 1 t. s•zs. Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. June 18, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted is an amendment to the Zoning Ordi• nonce establishing a new district. A restrictive Industrial section that will allow desirable features such as building set backs, side yards and allowable area to be occupied by buildings. The Planning & Zoning Com- mission recommends adoption of this Amendment. Respectfully submitted, Dubuque Planning & Zon- ing Commission By Owen Riley Secretary Mayor Kintzinger moved t h a t the communication be received and filed. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 33.59 An Ordinance Amending Ordi• nonce No. 3.34. known as the Zoning Ordinance of the City of Dubuque, by Adding a new Arti- cle VH•A thereto, establishing and defining "Restricted Indus- trial District", presented and read. d 302 Special Session, June 22, 1959 Special Session, June 22, 1959 303 Councilman Freund moved that the reading just had be considered the first reading of tlhe Ordinance. Seconded by Councilman Takos• Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the Ordinance be set down far a public hearing on August 3, 1959, at 7:30 P.M, in the Council Cham- ber at the City Hall and that the Clerk be instructed to pub- lish notice of same as required by law. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Weln. Nays-None. ORDINANCE N0. 34.59 An Ordinance Amending Ordi- nance No, 33.49. known as the Traffic Code of the City of Du• buque, by repealing and re-enact• ing Section jj of Schedule VI thereof; Adding a new section 85 to Schedule VI thereof; and by re- pealing and reenacting paragraph "A" of Schedule III thereof, pre- sented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None• Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Takos. Carried by the fol• lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE No. 34•S9 An Ordinance Amending Ordinance No. 33.49, Known as The Traffic Code of the City of Dubuque, by Repealing and Reenacting Section jj of Schedule VI thereof• Adding a new Section 85 to Schedule VI thereof; and by Re• pealing and Reenacting Paragraph A" of Schedule IH thereof. BE rf ORDAINED BY THE CITY COUNCII. OF THE C1,TY OF DU• sueuE, IowA: Section 1. That Section jj of Sched• ule VI of Ordinance No. 33.49, known as the Traffic Code of the City of Dubuque, be and the same is hereby repealed and the fonowing enacted in lieu thereof. "SCHEDULE VI jj, North side of Broadway from Diagonal Street to Putnam Street" Section 2. That Schedule VI of Ordi- nance No. 33.49 be and the same fa hereby amended by adding. a new Section 85 thereto as follows: °8CHEDULE VI 85. South side of Putnam Street from Broadway to Muscatine Street " Section 3. That Paragraph A of Schedule HI of Ordinance No. 33.49, known as the Traffic Code of the City of Dubuque, be and the same is hereby repealed and the following enacted in lieu thereof: "SCHEDULE III A. East-bound and west-bound vehi• Iles must stop before entering the intersection of: 1. Washington Street and East Six- teenth Street; 2. Washington Street and East Twentyninth Street, 3. Elm Street and East Twentynlnth Street; 4. Valleyvlew and Avalon Roads; 5. St. Ambrose Street and Rosedale Street; 6. Langworthy Avenue and Alpine Street; 7, White Street and East Seventeenth Street; 8. Washington Street and East Fif- teenth Street; 9. Washington Street and East Eighteenth Street. 10. Washington Street and East Nineteenth Street; Section 9. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 22nd day of June, 1959. Rule requiring reading on three separate days suspended by unanimous vote the 22nd day of June, 1959. Passed, adopted and approved this 22nd day of dune, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Counenmen Attest: LEO F. FROMMELT City Clerk Published offictally in the Telegraph• Herald Newspaper this 28th day of June, 1959. LEO F. FROMMELT City Clerk 1 t. s•2s t J I i :i Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Lange's Insurance Agency requesting release of a sidewalk band issued in behalf of Raymond Wilson, presented and read. Councilman Freund moved that the request be granted providing there are no outstanding claims. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos. Welu. Nays-None. Petition of Hal Reynolds, attor• nay, requesting the certification and recording of a certain ordi- nance executed by the City Coun- cil on April 14, 1924 and that a deed be delivered to Alys G. Ma- guire conveying a portion of an alley lying between Langworthy street and Solon street• and Al- pine street and Nevada street ex- tending 105 feet 6 inches norther- ly from Solon street, as .part of an exchange of land between the City of Dubuque and D. E. Ma- guire, in olRier to clear up objec- tions to the title, presented and read. Councilman Freund moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION No. 154.59 Resolution Authorising the Exe- cutlon of a Deed Conveying Lot 48A to Alys G. Maguire. Whereas, on April 14, 1924 the City Council adopted "An Ordi- nance Vacating that portion of the alley lying between Langworthy Street and Solon Street, and Al- pine Street and Nevada Street, ex- tending 105 feet 6 inches norther- ly from Solon Street and convey- ing the same thus vacated to D. E. Maguire in exchange for lands to be by him conveyed to the City of Dubuque; and Whereas on April 22, 1924 the said D. E. Maguire conveyed to the City of Dubuque the lands therein provided for him to con- vey in exchange for said vacated alley; and Whereas, the above described vacated portion of said alley has subsequently been platted and as- signed the designation of Lot 48A of Julia L. Langworthy's Addition to the City of Dubuque, Iowa; and Whereas Alys G. Maguire as the widow and sole heir of the said D. E. Maguire, has petitioned the City Council for the conveyance of said Lot 48A by a quit claim deed, in order to perfect her rec- ord title; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Clerk be and he is hereby authorized and directed to record a certified ..copy of the above described ordi- nance adopted April 14. 1924, in the office of the County Recorder of Dubuque County, Iowa; Section 2. That the Mayor and City Clerk be and they are hereby authorized and directed to exe• cute a Quit Claim deed quit claim- ing to Alys G. Maguire all right, title and interest of the City of Dubuque, in and to Lot 48A of Julia L. Langworthy's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof. Passed, adopted and approved this 22nd day of June, A.D. 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Freund moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos. Welu. Nays-None. 304 Special Session, June 22, 1959 Petition of Edward McDermott, attorney and representative of the Standard Oil Co., requesting the issuance by the Council of a Quit Ctaim Deed to the Chicago, Mil- waukee and St. Paul R, R• Ca., on City Lot 747 in the City of Du- buque to clear up a reverter clause in the deed and lease as executed by the City to the Rail- road Company back in 1881, in order to clear title for t+he build- ing of a proposed service station, presented and read. Councilman Schueller moved that the petition be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Merlin Portz et al, residents of Bellmann Street, re- questing that the name of Bell- mann Street be changed to Shady Lane, presented and read. Councilman Welu moved that the petition be referred to the City Manager and Engineering De- partment. Seconded by CouncLl- man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller. Takos, Welu. Nays-None. Petition of Wilbur Dalzell et ai objecting to the proposed con- struction of sidewalks on Morn- ingview Road, presented and read, Councilman Freund moved that the petition be referred to the public hearing on sidewalks sched- uled for July 6th. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Howard E. Kifer, re- questing permission to build a sidewalk on Broadlawn out to the curb and also construct a retain- ing wall and that the City pay half the cost of the retaining wall, presented and read. Councilman Freund moved that the petition be referred to the public hearing on sidewalks sched• uled for July 6th. Seconded by Councilman Schueller• Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Charles J. Murphy requesting permission to con- struct aloading dock at the rear of the premises at 197 Main Street, presented and read. Councilman Freund moved that the petition be approved and authorized proper proceedings to be drawn. Seconded by Council• man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of St. Mary's Church requesting permission to blacktop the alley to the rear of their new school building on 16th & White streets presented and read, Councilman Schueller moved that the petition be approved and that the work be done under the City Engineer's supervision, Sec• onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Walter J. Lewis re- questing re-zoning of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of High- land Farm in the City, being a triangular piece of property lying east of the intersection of Carter Road and Kane street from Single Family Residence District Classi- fication to Local Business A Clas- sification, presented and read. Councilman Welu moved that the petition be referred bo the Plan- ning & Zoning Commission. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Special Session, June 22, 1959 305 June 19, 1959. TO THE CITY COUNCIL: Being the sole heirs of Gilbert G. Kramer (deceased) who oper• ated a tavern, known as "Gibbie's Tap-1200 Iowa Street", we re- quest that the refund due on the beer license and cigarette License be issued in favor of Norbert Behr. This refund to be applied to the ' funeral expenses of our father, Gilbert G. Kramer. Mrs, Laverne (Margie) Mar• teLle Judith Kramer Mayor Kintzinger moved that the request be granted and that the Auditor be instructed to issue ~~ a warrant payable to Norbert Behr, for the amount of the refund due, and that this petition be made a matter of record. Seconded by Councilman Takos. Carried by the following vote: ' Yeas-Mayor Kintzinger, Coun• ~ cilmen Freund, Schueller, Takos, Welu. Nays-None. 1 e Petition of J. Allen Jr. & Mari- Jane S. Wallis requesting that ease- menu be vacated in Indian Hills running in a general east to west direction in Lot 1 of Sub. of Lot 3, Lot 2 of Sub. of Lot 2, Lot 1 of ~ Sub. of Lot 2, and Lot 4 all of ' Block 7, as per agreements attach- ed by the Interstate Power Com• pony and N. W. Bell Telephone Co., presented and read. Council• man Frund moved that the petition and the public utility agreements be referred to the City Engineer ~ and Planning & Zoning Commis• sion. Seconded by Councilman Takos. Carried by the following vote: ~ Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, ` Welu. i ~ Nays-None. , ~; Petition of Perle B. Koerner ob- jecting to the proposed construc• tion of sidewalks on Valleyview Road, presented and read. Council- man Freund moved that the peti- tion be referred to the hearing on public sidewalks scheduled for " ~' July 6th. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of Chas. Beversdorf re- questing permission to excavate in the streets of the City, presented and read. Councilman Schueller moved that the petition be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Ken W. Gaber re- questing permission to excavate in the streets of the City, presented and read. Councilman Schueller moved that the request be granted, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Oran Wunderlich et al requesting consideration for the installation of sewer and water in nine and ten hundred blocks on Thomas Place, presented and read. Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller. Takos, Welu. Nays-None. RESOLUTION N0. 155.59 Resolution providing for the is- suance of Sewer Bonds for the purpose of providing for the pay- ment of the assessed cost of the Cedar, Maple and Sycamore Street Sanitary Sewer, Lift Station and Force Main. Whereas the contract heretofore entered into by the City of Du• buque, Iowa for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and the City Council has ascertained the cost thereof and has determined that $39,722.93 Dollars of the cost there- of shall be assessed against the property subject to assessment therefor; and 306 Special Session, June 22, 1959 Whereas public notice, as pro- vided by law, has been published by the City Clerk stating the intention of the City Council to issue bonds for the purpose of providing for the payment of the assessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have been considered and determined; Now Therefore Be It Resolved by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of a SAN- ITARY SEWER, LIFT STATION and FORCE MAIN improvement: 1, In Sycamore Street from the South Property Line of Vacated East 19th Street to the center of East 14th Street. 2. In East 14th Street from the center line of Sycamore Street to the East Property Line of Lot 448 of East Dubuque Addition No. 2. 3. In Cedar Street from the cen- ter line of East 16th Street south to the center line of Lot 346 of East Dubuqu Addition No. 2 ex- tended, 4. In Maple Street from the South Property Line of East 18th Street to the center line of East 15th Street. 5. In the alley between Pine and Maple Streets from the center line of East 18th south to the center line of Lot 282 of East Dubuque Addition No. 2 extended. 6, In East 15th Street from a point 13 feet east of East Property Line of Pine Street to the center line of Sycamore Street. 7. In East 16th Street from a point 10 feet east of the East Property Line of Pine Street to the center line of Maple Street. 8. In East 16th Street from the center line of Cedar Street east to a point 10 feet west of the East Property Line of Lot 378 of East Dubuque Addition No. 2, 9. In East 16th Street from a point 10 feet east of the West Property Line of Lot 418 of East Dubuque Addition No. 2 to the sewer line in Sycamore Street. II. The Force Main is located in East 15th Street from Lot 412 of East Dubuque Addition No. 2 to the intersection of the center line of East 15th Street and White Street. III. The Lift Station is to be located in Lot 412 of East Dubuque Addition No, 2, There shall be issued Sewer bonds in the omount of $39,722.93 Dollars in anticipation of the defer- red payment of assessments levied for such improvement. 2. Such bonds shall be called Sewer bonds; and shall bear the date of December 17, 1958; and shall be numbered consecutively; and they shall be numbered, divid• ed into series and be in such de- nominations and for such matur- ity dates as are shown in the fol- lowing table: Series Bond Denomin- No. No. ination Maturity 1 2281 to 2288 both inclusive, $500.00 each June 1, 1959 2 2289 to 2296 both inclusive, $500,00 each June 1, 1960 3 2297 to 2304 bath inclusive, $500.00 each June 1, 1961 4 2305 to 2312 both inclusive, $500.00 each June 1, 1962 5 2313 to 2320 both inclusive, $500.00 each June 1, 1963 6 2321 to 2328 both inclusive, $500.00 each June 1, 1964 7 2329 to 2336 both inclusive, $500.00 each June 1, 1965 8 2337 to 2344 both inclusive, $500.00 each June 1, 1968 9 2345 to 2352 both inclusive, $500.00 each June 1, 1967 10 2353 to 2359 both inclusive, $500.00 each June 1, 1968 10 2360 $222.93 June 1, 1968 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ac- cordance with coupons thereto at- tached: 4, Said bonds shall not make the City of Dubuque liable in any way, except for the application of said special assessment funds. 5, Said bonds shall provide that they be payable on June 1st of any year prior to the maturity date a ~: A4' t, i ~~ i ~' ~~t i, r~ ~; ~,~ ' Special Session, June 22, 1959 307 stated at the option of the City of Dubuque and shall be in substan- tially the following form: No ......................... ment, collection and payment here• on of said special tax, the full faith and diligence of said City of Du• buque are hereby irrevocably pledged. Series No ........................ CITY OF DUBUQUE Sewer Bond The City of Dubuque in the State of Iowa promises to pay as hereinafter mentioned to the bear• er hereof, on June 1st of any year prior thereto, at the option of the City of Dubuque, the sum of Five Hundred dollars with interest thereon at the rate of 5 per cent per annum, payable semiannually, on the presentation and surrender of the interest coupons hereto at- tached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa. This bond is issued by the City of Dubuque under and by virtue of Chaptef391A of the 1954 Code of Iowa, and the Resolution of said City duly passed on the 22nd day of June, 1959 Jbeing Resolution No. 155.59 the provis- ions of which are incorporated by reference into this Bond. This Bond is one of a series of 80 bonds, 79 for $500.00 numbered from 2281 to 2359 inclusive, and one for $222.93 numbered 2360, all of like tenor and date, and issued for the purpose of paying for the construction of the Cedar, Maple and Sycamore Street Sanitary Sew- er, Lift Station and Force Main as described in said Resolution, in said City, which cost is payable by the abutting and adjacent property along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1211 created by the collection of said special tax, and said fund can be used for no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this series of bonds, have been done, happen- ed, and performed, in regular and due form, as required by law and said Resolution, and for the assess- IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal to be thereto affixed, this 17th day of December, 1958. Mayor (SEAL) City Clerk (Form of Coupon) On the ........ day of ......................... the City of Dubuque, Iowa, promis• es to pay to the bearer, as provided in said bond, the sum of .................. Dollars, in the office of the City Treasurer in the City of Dubuque, being .................... months' interest due that date on its .......................... Bond No ................. dated ........,........ Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a book kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1211 and paid out by him to pay the cost of said contract. 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the May- or and countersigned with the fac- simile signature of the Citq Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of interest due, _: 308 Special Session, June 22, 1959 the City Treasurer is directed to call these bonds in the same order as numbered. 14. Notice of election to call these bonds shall be given by regu• lar United States Mail addressed to the last known address of the purchaser. Adopted this 22nd day of June, 1959, CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted is subdivi• Sion plat of Valley View Heights. This subdivision is located on Old Highway 20 and Delhi Road. This subdivision has been ap- proved by the Planning & Zoning Commission. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Welu moved that the communication be received and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. RESOLUTION N0. 156.59 RESOLUTION Approving Plat of "Valley View Heights at Center Grave" in Dubuque Township, Du- buque County, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of "Burkart Place" in Du- buque County, Iowa. is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, each in "Valley View Heights at Center Grove" in Du• buque Township, Dubuque County, Iowa and, WHEREAS said plat has been examined by the City Plan Commis• Sion and had its approval endorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des• cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 22nd day of June A. D., 1959. CHARLES A. KIIVTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger Counr cilmen Freund, Schueller, Takos, Welu. Nays-None. June 18, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is the second section of Scenic Heights Subdivision. This is located on the extension of West 32nd Street near the Old Timers Road. Special Session, June 22, 1959 309 This subdivision has been ap• proved by the Planning & Zoning Commission. - Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Secretary Councilman Takos moved that the communication be received and °~ filed. Seconded by Councilman ' ` Schueller. Carried by the follow- i ing vote; ' Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLl9T10N N0. 151.59 RESOLUTION Approving Plat of Block 2 in "Scenic Heights" in Sec- Lion 15, Dubuque Township, Du- buque County, Iowa. WHEREAS there has been filed with`the City Clerk a plat in which Lot 2 of Lot 1 of "Breven Flace" in Section 15, Dubuque Township, 4` Dubuque County, Iowa, is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, each in Block 2 in "Soenic Heights" in Section 15, ~y Dubuque Township, D u b u q u e County, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commis- sion and had its approval indorsed ~ thereon; and, ~' WHEREAS said plat has been examined try the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE• - SOLVED BY TIIE CITY COUNCIL ~ OF TAE CITY OF DUBUQUE, IOWA: Section 1. That the above des- cribed plat be and the same is here- .,; by approved and the Mayor and Clerk be and they are hereby auth- orized and directed to endorse the approval of .the City upon said plat. Passed, :adopted and approved this 22nd day of June A. D., 1999. CHARLES A. KINTZINGER Mayor GDOIIGE A. FRsEUND tiEO N, SCHUELLER CLARENCE P. 9GELU w ~ PETER J. TAKAS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 158.59 PRELIMINARY RESOLUTION FOR THE CONSTRUCTION OF CITY OF DUBUQUE 1959 CONCRETE SIDEWALK PROJECT N0. 2 WHEREAS, The City Council deems it necessary to institute pro- ceedings for the construction of concrete sidewalks where none exist on the following portions of the following named street: CITY OF DUBUQUE 1959 CON- CRETE SIDEWALK PROJECT N0.2 1. Woodlawn Street from the north property line of Asbury to the north -end of Woodlawn street. NOW THEREFORE BE IT RE• SOLVED BY THE CITY COUNCII, OF THE CITY OF DUBUQUE, IOWA: 1. That the City Engineer is here- by instructed to prepare prelimin• ary plans and specifications, an estimate of total cost and a plat and schedule for said imprnvement and place same on file with the Oity Clerk. 2, That the property to be b~ne~ fitted by said improvement is all real estate abutting on the above described portions of the above narrtd street where concrete side~ wa}ks do not now exist. 3. The estimate of total cost of said improvement herein ordered shall inchade :an estimate of the cost of engineering, prelrninary reports, property valuations, esti- mates, plans, specifications, notices, legal services, acquisition of land, consequential damages or casts, easements, rights of way, construc- tion (repair) supervision, inspec• tion, testing, notices of publica• tion, interest and printing aad sale of bonds. 4. These proceedings are covered under Chapter 391A of the 1954 Code of Iowa. 5. That said improvement is here- by designated "City of Dubuque 310 Special Session, June 22, 1959 1959 Concrete Sidewalk Project No. 2" and may be referred to by such title in all subsequent proceed- ings, Passed, adopted and approved this 22 day of June 1959. CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Welu moved the ad- option of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu. Nays-None. REPORT OF VALUATION COIYIMITTEE Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the proposed plat of the Cfty of Dubuque 1959 Concrete Sidewalk Project No, 2 and a proposed schedule of valua- tions of the lots within the dis- trict served by said improvement. Kenneth J. Cullen City Engineer Councilman Welu moved that the communication be made a mat- ter of record. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 159.59 RESOLUTION Determining Val- uations of each lot within the proposed assessment District for City of Dubuque 1959 Concrete Sidewalk Project No. 2. BE IT RESOLVED BY THE CITY COUNCIL OF THE CTfY OF DUBUQUE, IOWA: 1. That the valuations set out in the attached list are hereby determined to be the present fair market value, with the proposed improvement com- pleted, of each lot within the proposed assessment district for City of Dubuque 1959 Con- crete Sidewalk Project No. 2, and the City Clerk is hereby directed to report the same to the City Engineer who shall show such valuations an the schedule heretofore ordered for said improvement. Passed, adopted and approved this 22nd day of June 1959. CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, RESOLUTION NO. 160.59. Preliminary approval of the proposed p 1 a n s, specifications, form of contract, plat and sched- ule, and all other documents for the construction of City of Du- buque 1959 Concrete Sidewalk Project No. 2, for the construc- tion of concrete sidewalks on Woodlawn street from the north property line of Asbury to the north end of Woodlawn street, at an estimated cost of $6,482.66, pre- sented and read. Councilman Welu moved t h e adoption of the resolution, Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, welu. Nays-None. RESOLUTION N0. 161.59. Resolution of Necessity for Construction of City of Du- buque 1959 Concrete Sidewalk Project No. 2, also setting time and place of hearing and pre- scribing Notice for City of Du- buque 1959 Concrete Sidewalk Project No. 2. WHEREAS, proposed plans and specifications, plat and schedule have been duly prepared and ap• proved by the City Council of the ~j Yin;. f~ , ,~k~ y ~. Special Session, June 22,1959 311 City of Dubuque and are now on file in the office of the City Clerk showing, among other, the follow- ing: 1. An estimated total cost of the work, 2. The amount proposed to be assessed against each lot for the improvement for the construction of the City of Dubuque 1959 Concrete Side- walk Project No. 2, consisting of concrete sidewalks in the following named street. CITY OF DUBUQUE 1959 CONCRETE SIDEWALK PROJECT N0. 2. 1. Woodlawn Street from t h e North Property Line of Asbury to the north end of Woodlawn Street. BE IT RESOLVED THEREFORE BY THE CITY COUNCIL OF THE CPfY~OF DUBUQUE, IOWA: 1. That the City Council deems it advisable and necessary for the public welfare to make said improvement. 2. That said improvement shall be constructed and done in accordance with said plans and specifications and the total cast of making said im• provement shall be assessed against all privately owned property lying within the as- sessment district shown on such plat in an amount not to exceed -the amount provided by law and in proportion to the special benefits conferred. 3. Bonds shall be issued and sold in anticipation of de- ferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. 4, On the 3rd day of August, 1959, at 7:30 P.M., the City Council will meet in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, and hear property own- ers subject to the assessment and interested parties for and against the improvement, its costs, the assessment thereof, or the boundaries of the dis- trict. 5, The City Clerk is hereby authorized and directed to cause public notice of the date, time and place of hear- ing to be given by publication once each week for two con- secutive weeks the first of which publications shall be not less than fifteen nor more -than twenty-five days prior to said hearing and by mailing a copy of said notice by ordi- nary mail to the owners of said property to be assessed, as shown by the records in the Office of the County Audi- tor not less than fifteen days prior to said hearing. Approved on first reading this 22nd day of June, 1959, CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N.SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest, LEO F. FROMMELT City Clerk Councllman Welu moved the ap- proval of the resolution. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 162.59. Resolution Amending Resolution No. 122.59. Whereas, the City Council of the City of Dubuque has heretofore adopted Resolution No. 122.59, ap- proving the plat of Blocks 1, 2 and 3 in "Mettel-Brooks Addition" in the City of Dubuque, Dubuque County, Iowa; and Whereas Mettel Realty & Invest- ment Company, as owners of said Subdivision, have requested t h e amendment of said Resolution to authorize them to install Portland Cement concrete streets instead of bituminous concrete; and WHEREAS the City Manager has recommended the approval of said request; NOW THEREFORE, BE 1T RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That Section 2 of said Pesolutian No. 122-59, be and the 312 Special Session, June 22, 1959 same. is fiereby amended by de- leting Section "b" thexeaf and substituting the fallowing there- for: " 2 (b) To surface St, Anne Drive, Bristol Drive and St. Anne Coact, as the same appear upon said plat, for a width of 30 feet from curb face to curb face, with Portland Cement concrete surfacing, with integral curb and gut- ter, all in accordance with City of Dubuque Standard Specifications for Portland Cement Concrete Streets": Section 2. That this Resolution shall become effective upon the acceptance of the terms and condi• tions thereof by Mettel Realty & Investment Company; Section 3. That upon the ac• ceptance of the terms and condi- tions of this Amendment to said Resolution No. 122-59 the City Clerk be and he is hereby author- ized and directed to record a cer- tified copy hereof in the office of the County Recorder of Du- buque County, Iowa. Passed, adopted and approved this 22nd day of June, 1959. CHARLES A. KINTZIIVGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO. 163.59. BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City, Rashek Brothers Co., 700.798 Locust St. Merlin K. Abing, 408 West Lo- cust St. Dabngne Golf & Country Cinb, 280 Randall Place. Clement R. Fleckenstein, 2995 Central Avenue. Michael H, Clemens, 205 Locust St. Carl G. Corbett, 908 Rhomberg Avenue. Paul Wang. and Chuck Wong, 353 Main Street. Elmer L. Treivieler, 2103 Jack• son Street. Mrs, Josephine Nicks, 103 East 22nd Street. Carl E. Meyer, 1828 Central Avenue. Donald P. Birkett, 1084 Univer• sity Ave. Merlin P. Michel, 330 Main Street. Earl J. Maury, 351 Dodge Street. Ralph A. Dupont, 1395 Brown Avenue. John F. Thompson, 250 West 1st Street, Frank H: Berntgen; 2188 Central Avenue. Loras College, 855. Loras Blvd. Richard G. Rink, 1280 Washing- ton St, Milton E, Chapman, 709 Univer- sity Avenue. R. Daniel Winders, 2204 Central Avenue. Walter W. Knoll, 205 Kaufmann Avenue. Mrs. Alma Henkel, 24I Main Street. Carl E. Miller, 1098 Central Avenue. Mrs. Josephine Wingert, 400 Rhomberg. Avenue. Melvin C. Lynn, 424 West Locust Street. Dubuque Packing Co. (Retail Store), 18th & Sycamore Streets. Sunshine Circle•Finley Hospital, 1480 Allison Place. Fischer Bowling Lanes Glub, 880 Locust Street. Anthony L. Fecker, 2119 Rhom• berg Avenue. Knights of Columbus, 781 Lo- cust Street. Wareco System of Iowa, 700 Rhomberg Avenue. La Verne Felderman, 1889 Jack- son Street. Special Session, June 22, 1959 ~~ Smith 41 Company,. 901 Rhom- berg Avenue. Ronald J. Weiner, 909 Walnut ~ ' Street. Thomas A. Oeschger, 815 West 5th Street. Carl L, Noel, 1080 University Avenue. Ernest Latham, 1205 Cleveland Avenue. Stampfer's Department Store, ? ' 800 Main Street. Jahn J. Ludeseher, 1897 Clarke Drive. ' ~ William H. Olsen, 390 East 12th Street. Donald M. Love, 250 West 6th Street. Hartig Drug Company, 730 Main ~1~; Street. Hartig Drug Company, 93 Locust Street. Hartig Drug Company, 2205 Cen• tral Avenue. Louis T. Bournias, 760 East 16th Street. Millard Poquette, 1029 Main Street. Canfield Hotel Inc., 34.36 West 4th Street. qh"" Mrs. Louise Pitz, 1900 Washing- ton Street, William O'Neill, 55 Locust f Street, Mary W. Nacas, 720 Iowa Street. y' Klauer•Julien Hotel Co., 2nd & Main Streets. Merlin Apel, 1195 Dodge Street. Joe Giunta and Marco Giunta, 2022 Central Avenue. ny~~' Carl N, Brant, 2800 Central Ave• nue, Helen M. Cahill, 35 Locust Street. Harold A, Cosley, 1121 Univer- sity Avenue, ~ Eagle•Dubuque Inc., 1800 Elm ~ Street. Tenenbom's Super Market, Inc„ 200 S, Locust Street. Tenenbom's Super Market, Inc., 630 Locust Street, Walter Bitterly, 3050 Asbury i rr ~, t Street, John M. Ward, 2284 Avenue. John L. and Viola Dodge Street, Gus L, Manternach, Blvd. University Savory 827 1105 Loras Le Roy G. Richman, 2319 Prince Street. Mrs. Helen Francois, 1643 Cen• tral Avenue. Ralph J. Cremer, 731 Rhomberg Avenue. Mrs. Agnella Anthaine, 119 West 6th Street. Albert J, Ney, 1882 Central Aue- nue. Walter G. Thorpe and Jeannette Rauch, 951 Main Street. Robert E. Sullivan, 620 So. Grandview Avenue, John F. Tench & Vincent W, Mescher, 1233 Rhomberg Avenue, The Great Atlantic Rt Pacific Tea Co., 1101 Central Avenue. Jahn J, Heiderscheit, 1278 Cen- tral Avenue. Richard Schueller, 2900 Jackson St. Cyril N. Meit1,1555 Central Ave• nue. Michael F. Pusateri & Gus Pusa• teri, 1098 Main Street. Mrs, Margaret Kelly, 1415 Rhom• berg Avenue. Hubort J. Kress Jr., 532. East 22nd Street. Harriet Bush, 700 East 16th Street. Dubuque Metal Trades Council Club, 111 West 6th Street, Lawrence Schwartz, 500 Rhom- berg Avenue. John B. $urgmaier, 2419 Rhom- berg Avenue. Mrs. Marie Saad, 1961 Central Avenue. William G. Fenelan, 2528. Cen- tral Avenue. Diamond's Grill, 900.910 Main Street. Loo Sun, 206 West 3rd St. Le Roy Utaig, 802 Central Aver nue. Robert M. Smith, 1563 Central Avenue, Joseph E. Reisdorf, 1101 Rhom• berg Avenue. Fraternal Order of Orioles, 1800 Central Avenue. Dorance E, Cox, 2613 University Avenue. Mrs. Helen O'Mara, 1397 Wash• ington Street. Carl E. Nagelmaker, 3203 Jack- son Street. 314 Special Session, June 22, 1959 Robert E. Cahill, 402 Locust Street. St. Joseph Mercy Hospital Gift Shop, James & Peabody Streets. De Forrest P. Kceller, 127 West 6th Street. Harry Kopple, 1098 University Avenue. Carl Van Duelman, 590 Clarke Drive. Mrs. Victorina Ellis, 120 West 4th St. Earl J. McNamara, 1046 Univer- sity Avenue. Frank T. Lambert, 2323 Central Avenue, Joseph P. & Bernice Hillard, 431 Rhomberg Avenue. Fred Frary, 2220 University Avenue. Irvin G. Hessel, 2678 Central Avenue. Ren Fenelon, 3166 Jackson St. Francis E. Relly, 70 So. Locust Street. Francis E. Kelly, 1075 Dodge Street. August C. Bruyneel, Bunker Hill. Cletus N. Pauly, 1255 Central Avenue. Mrs. Elsie Vrotsos, 1255 Wash- ington St. Harold 0. Specht, 3003 Asbury Street. Leo A, Schwind Post No. 508 V.F.W., 2327 Central Avenue. Iowa Commission for the Blind, Post Office. Mrs. Kathleen I. Story, 1091 White Street. Robert E. Hevey, 1005 Rockdale Road. Thomas J, Rawson, 342 Main Street. John J., Richard and Robert Beecher, 2399 White St. Erwin J. Hafeman, 2370 Rhom- berg Avenue. Patrick Chew, 1005 Dodge St. Mathias A. Schneller, 132 Eighth Avenue. Mrs. Eileen Wunder, 1006 Cen- tral Avenue. John C, Neumeister, 729 Lincoln Avenue. Charles W. Callahan, 2635 Uni- versity Avenue. Ca;l ~1I tr,rh_;.. ~~.,,. r-~,.•~,1 St. Merlyn L. Weber, 1904 Central Avenue, George J. Zillig, 342 Eighth Avenue. Andrew Poulos, 926 Main Street. George P. Arvanitis, 1958 Cen- tral Avenue. John E. Ehlers and Joan B. Ehlers, 2850 Burlington Street, John F. Weidemann, 1046 Cen- tral Avenue. Ray J. Nicks, 521 East 22nd St. American Legion, Dubuque Post No. 6, 290 West 4th St. Kisseli Grocery, 611 University Avenue Thelma Mardauss, 410 Eighth Avenue Theodore Kanavas, 1689 Elm Street. Clifford Steffen, 1103 Iowa Street. Mary Shively, 1598 Elm Street James P. Kachevas, 493 Main Street Lester and Marie Eichhorn, 1725 Delhi St. Thomas Lilly, 714 Main Street. Leonard P. Bertsch, 304.326 Main Street. Lea R. Bonz, 3165 Central Ave. Jahn E. Noel, 2400 Central Ave- nue. Mrs. Marcella Roeder, 25 West 7th Street. Chris K. Koleas, 605 Main Street. Disabled American Veterans Club, 951i/z Main St. Florance Deutsch, 1298 Main Street. Raymond McLaughlin, 2222 Cen- tral Avenue. Donald E. Wertz, 1545 S. Grand- view Avenue. Arthur Apel, 1176 Iowa Street. Kenneth J. Love, 37 Eighth Ave. Andrew D. Karigan, 2199 Uni- versity Ave. Fred N. & Vada G. Randle, 701 Central Ave. Harry N, Gantert, 1301 Rhom• berg Ave. Edward A. Haberkorn, 2616 Windsor Ave, Mrs, Lucille Hough, 553 Eighth Ave. P+~~,'•~~•~o~ {1~~~nn n4 Ea alnc, ~~rin -.._ ~. , ~'.i~ & L;,~cusi SAS. • 7 I t' k i; ,~~,+' ,,. ~t :1R", Special Session, June 22, 1959 315 Louis J. Wright, 2600 Jackson Street. Noah McNamer, 216 West First St. Thomas J. Collins, 53 West 12th St. Mrs. Josephine BurNe, 1091 Main St. Leo F. Link, 1487 Central Ave. Paul Schollmeyer, 176 Locust Street. Clarence P. Falkenhainer, 1097 University Ave. Geo. C. Kruse, 2418 Central Ave. Donald W. Schuster, 2404 Cen- ~ tral Ave. Albert H. Hochhausen, 1573 Elm Street, John P. Hemmer, 698 Central Avenue. Donald Sand, 2364 Washington St. George R. Hunt, 229 8th Avenue. George C. Westercamp, 1399 Jackson St. lvirs. Dorothy Murphy, 1097 Jack- son St. Otto J. Dunbar, 2401 Jackson St. Alfred Hedley, 509 Eighth Ave. Julien Dubuque Gulf Service, 30 Locust St, Thomas E. Nacos, 7•B Fischer Building. B.P.O.E. Elks Lodge No. 297, 7th & Locust Sts. Mrs. Rita B. Love, 802 Iowa St. Joseph L. Schulte, 450 West Lo- cust St. Elmer L. Thompson, 501 Rhom- berg Ave. La Verne Jorgenson, 649 East 16th Street. Clarence E, Thompson, 210 West 1st Street. Ray & Angeline Luchsinger, 2372 Central Avenue Paul A. Leonard, 239 West 6th Street Francis R. Rake, 301 Main Street Mrs. Jenny Sarris, 720 Main Street Joseph S. Polfer, 2612 Dodge Street Mrs. Helen Schmit, 1713 Central Avenue Fred Weiner, 1101 White St. Frank E, Lewis, 2403 Central Avenue Robert A. Brillhart, 336 Main Street Joseph F. Shannon, 1618 Central Avenue Russell Evans, 29 Eighth Ave. Peter Schwartz, 574 East 16th St. Navy Club of Dubuque Ship No. 67, 468 Main Street Kenneth L. Meisenburg, 2500 Central Avenue Riverside Bowl, 1860 Hawthorne Street Clyde L. Bradley, 3198 Central Avenue Gust Karigan & Pete Sfikas, 401 Central Avenue Sally Glynn, 659-679 Central Ave. George & Helen Lanser, 2595 Rhomberg Avenue Harold M. Scholtes, 600 Central Avenue Vincent Teeling, 115 East 22nd Street. Roger M. Bertsch, 326 Main St. Arnold & Marian F. Gartner, 2997 Central Ave. Carlyle R. & Doris A. Fett, 5 Eighth Ave. Francis G. O'Toole, 280 Main St, Richard T. Sheldon, 2412 Central Avenue BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 22nd day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 16459 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and teh same have been examined: NOW, THEREFORE, 316 Special Session, June 22, 1959 BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Mrs. Kathleen I. Story, 1091 White Street Millard Poquette, 1029 Main 'Street Frank H. Berntgen, 2186 Central Averme Harold A. Cosley, 1121 Univer- sity Averme Thomas J. Rawson, 342 Main Street Cletus N. Pauly, 1255 Central Avenue Theodore G. Kanavas, 1689 Elm 'Street Mrs. Eileen Wunder, 1006 Cen- tral Avenue Mrs. Josephine Wingert, 400 4tlmmberg Avenue Marie Sand, 1361 Central Avenue Klauer-Julien Hotel Company, 2nd 8c Main Streets Donald Sand, 2364 Washington 'Street Mrs. Dorothy Murphy, 1097 Jack- son Street Joseph F. Shannon, 1618 Central Avenue Harald M. Scholtes, 600 Central Avenue Clarence E. Thompson, 210 West First Street Richard T, Sheldon, 2412 Central, Avenue Paul A. Leonard, 239 West 6th Street CLASS "B" PERMIT FOR PRIVATE CLUB American Legion Dubuque Past Na. 6, Z90 West Fourth Street. Fraternal Order of Eagles Aerie No. 568, 6th & Locust Streets ;Fraternal Order of Orioles, 1800 Central Avenue Dubuque GoH and Country Club, 260 Randall Place Navy Club Ship No, 67, 4f~ Main Street CLASS "C" PERMIT Richard Sctruemler, '2900 Jackson Street 1-~T~rlin K. Abing, 408 West Lo• cost Street Gus L. Manternae'h, 1105 Loras Blvd. -Jahn B. and Joan B. Ehlers, 2850 Burlington St, John F. Thompson, 250 West 1st St. Irvin G. Hessel, 2678 Central Avenue John M. Ward, 2284 University Avenue. Passed, adopted and approved this E2nd day of June, 1959. CHARLES A. KINTZBQGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, We1u. Nays-None. RESOLUTION N0.165.59 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, ;the premises to be occupied by such applicants were inspected and found to comply with the ordinances of this City and they have filed proper bonds: NOW, rt~rnEFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and be is di- rected to issue to the following named applicants a Beer Permit. CLASS "B"',PERMIT Mrs. Kathleen I. Story, 1091 White Street Millard Paquette, 1029 Main St. Frank H. Berntgen, 2186 Cen- tral Avenue Harald A. Cosley, 1121 Univer• sitq Avenue Thomas J. Rawson, 342 Main Street Cletus N. Pauly, 1255 Central Avenue 'Theodore G. Kanavas, 1689 Elm Street .Mrs. Eileen Wunder, .1006 Cen• tral Avenue i 1; :. j~ 1 ~, ~~~ Special Session, June 22, 1959 317 Mrs. Josephine Wingert, 400 Rhamberg Avenue Mrs. Marie. Sand, 1961 Central Avenue Klauer-Julien Hotel Company, 2nd & Main Streets Donald Sand, 2364 Washington Street Mrs. Dorothy Murphy, 1097 Jack- son Street Joseph F. Shannon, 1618 Cen- tral Avenue Harold M. Scholtes, 600 Cen- tral Avenue Clarence E. Thompson, 210 West First Street Richard T. Sheldon, 2412 Central Avenue Paul A. Leonard, 239 West 6th Street CLASS "B" PERMIT FOR PRIVATE CLUB American Legion Dubuque Post No. 6, 290 West Fourth Street Fraternal Order of Eagles Aerie No. 568, 6th & Locust Streets Fraternal Order of Orioles, 1600 Central Avenue Dubuque Golf and Country Club, 260 Randall Place Navy Club Ship No. 67, 469 Main Street CLASS "C" PERMIT Richard Schueller, 2900 Jackson St. Merlin K. Abing, 408 West Lo- Gust St. Gus Manternach, 1105 Loras Blvd. John B, and Joan B. Ehlers, 2850 Burlington St. John F. Thompson, 250 West 1st St. Irvin G. Hessel, 2678 Central Avenue Jahn M. Ward, 2284 University Avenue BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 22nd day of June, 1959. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Councilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of the Govern- ment of the Disttrict of Columbia requesting a resolution by the City Council in support of Home Rule Legislation to assure local self gov- ernment to the residents of the District of Columbia, presented and read. Councilman Welu moved that the City Clerk be authorized to draw up a resolution in support of home rule for the District of Co- lumbia. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Communication of American Municipal acknowledging receipt of the City of Dubuque annual re- port "Review of 1958" as sent in by the Mayor, presented and read. Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr. George Tressel addressed the Council objecting to the con- dition of the streets in Hillcrest Addition. Councilman Takos moved that the City Solicitor be instruct- ed to initiate proper legal proceed- ings to correct the condition of the streets in Hillcrest Heights Subdi- vision. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Mr. Ray Bergquist of 1784 Dodge Street addressed the Coun- cil relative to the proposed im- provement of Highway 20 in the City by the State, by requesting ~,,~ ~,-. y~ ~' ~?. 1 6' 318 Special Session, June 22, 1959 that if and when the proposed changes are presented to the City Council that the material be avail- able to the residents affected, For the percent na one has any posi- tive knowledge how the proposed changes will affect the properties on Dodge Street. He would like to be given an opportunity to ob- serve before any decisions are made, Some discussion arose as to the disposition of improvement bids received after the time as pub- lished in the official notice. Councilman Takos moved that if a bid comes in late an a given letting date that the bid should be received and not opened, but to be submitted to the Council for decision prior to opening. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Schueller moved that Mr. M. H. Czizek, Mrs. Mabel Hoffmann and Mr. George C. Kauf- mann be re-appointed to the Li• brary Board for six year terms ending July 1, 1965. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Special Session, June 30, 1959 CITY COUNCIL (OFFICIAL) Special Session, June 30,.1959. Council met at 11:00 A.I. LEO F, FROMMELT Present - Mayor Kintzinger, City Clerk ~~` Councilmen Freund, Schueller, +~ Takos, Welu. City Manager Schiltz. Approved ................................1959. Adopted ..................................1959, Councilmen ~ ...................................... Attest :.............................................. City Clerk Mayor Kintzinger read the call r and stated that service thereof had been duly made and that this meet- ing is called for the purpose of adopting resolutions for the issu- an~e of beer and cigarette licenses and also acting on any other busi• ~~'; ness as may properly come before a regular meeting of the City Coun- cil. Communication of League of Iowa Municipalities submitting an annual dues statement, setting out the new rate schedule showing various rates for different sized cities, presented and read. Councilman Freund moved that the communication and statement be referred to the City Manager. Seconded by Councilman Schuel• ,~ ler. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- `~': cilmen Freund, Schueller, Takos, . `i Welu. . ~~ Nays-None. Communication of Department of Health of Washington D. C. submitting a certificate recogniz- ing the participation of the Water Department in the operation of ~ ~" the National Water Quality Net- work of the Public Health Service, presented and read. Mayor Kintzinger moved that I, ` the communication be received and filed. Seconded by Council- man Takos. Carried by the follow- '' " ing vote: Yeas-Mayor Kintzinger, Coun- ~~ ~' cilmen Freund, Schueller, Takos, Welu. ~ Nays-None. 319 June 25, 1959 To the Honorary Mayor and Members of the City Council Gentlemen: Please be advised the following is the COST OF THE DAYLIGHT SAVING TIME ADVISORY ELECTION HELD ON MAY 27, 1959 Salaries, Clerks & Judges, 16 precincts, 5 to each precinct -Total 80 at $10.00 ea .........................$ 800.00 Dubuque`Community School District-Custo- dian Time- Audubon .....,....$11.43 Bryant .............. 11.57 Central .............. 12.11 Franklin .......... 10.28 Fulton .............. 9.84 Irving ................ 10.95 Lincoln ............ 10.78 Marshall .......... 11.57 Washington ...... 7.47 $95.98 The Hoermann Press- Printing of Registered voters certificates ........ 37.37 The Telegraph Herald- Printing 40 official re- turns, 20 tally sheets, 50 machine ballots, 400 ab- sentee & disabled bal- lots .................................... 55.00 The Telegraph Herald- Printing Notice or Ad- visory Election .............. 22.00 C, F. Cody Co.-32 rubber stamps (X) ............$24.00 ~Z gross pencils.... 2.83 26.83 City of Dubuque-Trucking and moving voting ma- chines-Labor & Equip- ment ................................ 149.77 City of Dubuque-Labor hours of City electri- cians for installation of voting machine lights at the various precincts 52.50 City of Dubuque-Labor checking voting ma• chines and setting them up prior to election, in- sertingballots, and plac- ing back in stor- age at the various pre- cincts ................................ 85.12 320 Special Session, June 30, 1959 City of Dubuque-Postage used to mail out notices to Clerks and Judges and also on Absentee Ballots .............................. 9.52 St. Paul's Lutheran School -11th precinct building rental .............................. 15.00 Holy Ghost School-13th precinct building ren- tai .................................... 15.00 TOTAL ........................$1,364.09 Respectfully submitted, LEO F. FROMMELT City Clerk Councilman Freund moved that the report be received and made a matter of record and the balance of $135.91, being the differential between the $1500 received and the amount expended, be refunded to The Citizens Committee for Day- light Saving Time. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of Expiration of Right of Redemption and taking of tax deed by Max H. Jenk, on the E~Z of Lot 317 in East Dubuque Addi- tion, owned by Edward & Mildred Tracy, presented and read. Councilman Takos moved that the notice be referred to the City Manager. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Council proceedings for the months of February, March and April 1959 presented for approval. Councilman Schueller moved that the Council proceedings for the months of February, March and April 1959 be approved as printed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Notice of Claim of Mary Lau Odefey of 2815 Davenport Street, in the amount of $12.00 for car damage incurred as the result of getting stuck in the mud on Kane Street, neai St. Mary's Home, on June 24, 1959, presented and read. Councilman Freund moved that the claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of The D. A. V. re• questing permission to hold For• get-Me•Not days on August 7, 8 and 10th, presented and read. Councilman Schueller moved that the request be granted providing there are no conflicting dates. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE NO. 35.59 An Ordinance Changing the name of Bellman Street to Shady Lane, presented and read. Coun- Gilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- Gilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. ~fi 1 i ,~' *s r .,~ r Special Session, June 30, 1959 321 ORDINANCE N0. 9539 AN ORDINANCE CHANGING THE NAME OF BELLMANN STREET TO SHADY LANE: Section 1. That the name of Bellmann Street in Richard's Subdivision be and the same la hereby changed to Shady Lane. Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this or• dinance in the office of the County Recorder and County Auditor of Du- buque County, Iowa. Passed, adopted and approved this 30th day of June, 1959. CHARLES A. KIIJTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councllmen Attest: LEO F. FROMMELT City Clerk Published officially in the Telegraph• Herald Newspaper this 3rd day of July, 1959. LEO F. FROMMELT City Clerk It 7.3 Councilman Freund moved the adoption of the Ordinance. Sc+ conded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 16b59 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, he granted a permit to sell cigarettes and cigarette papers within said City. Nona G. Cody, 253 West 1st St. Brammer's Inc., 1306 Delhi St. James J. Scherr, 1198 White St. Louis J. Wright, 2600 Jackson St. Jack Solomon, 555 Main St, Anna Kramer, 55 East 7th St. William J, White, 1993 Asbury St. Herbert E. Althaus, 1575 Cen- tral Avenue Mrs. Emma Scherer, 1187 Iowa St. Don Schroeder, 2890 Central Avenue Maurice H. Mellon, 1027 Rhom• berg Avenue Arthur J. Trapp, 1266 Central Avenue Zeno A, Tranel, 5~ Main St. Helen M. Hafeman, 785 Grove• land Place Fred C. and Winifred 5. Potter- veld, 498 No. Grandview Avenue Robert A. Freund, 805 West 5th St. Alan R. Uppinghouse, 238-240 West 6th St. Vernon Meyer, 530 East 22nd Street George Ragatz Jr., 1996 Central Ave. Clarence Ney, 1703 Maple Street Herbert F. Bisping, 1401 Elm St. Louis J. Winkler, 625 Central Avenue John P. Page, 75 East 4th Street Cruso A. Alba, 2601 Jackson St. Veterans of Foreign Wars Post No. 9663, 2203 Carter Raad American Veterans of World War H, 429 Main St. Melville L. Donovan, 1876 Cen• tral Avenue Bernadette Engling, 500 Main St. Martin Oil Company, 280 Locust St. Robert L. Bowen, 1105 Universi- ty Avenue Sylvester A, & Dolores V. Wei- ner, 201 East 22nd Street Leo V. Plein and Clarence J. Hagge, 1879.1881 Central Ave. Harold A. Casey, 655 Clarke Drive Alice H. Erschen, 2620 Univer- sity Avenue Wm. Wagner, 1501 Rhomberg Avenue Carl P. Schumacher, 1638 Cen- tral Avenue Louis A. Ring, 115 West 11th St. Anton Fortmann & Co., 253 Main Street Fred Kamentz, 1697 Jackson St. Mrs. Ione Miller, 1322 Central Avenue The Kroger Co., 270 West 7th St. R. S. Ruegnitz, 629 Rhomberg Avenue Linnie Dunbar, 504 Central Ave- nue Edmund H, Callahan, 1105 Wal- nut St. A, J. Ender, 534 Rhomberg Ave- nue Harold F. Manhart, 1200 Iowa Street 322 Special Session, June 30, 1959 Leo J. Glaser, 90 S. Locust St, Tony Helling, 62 Locust St. Raymond Dolter, 3265 Central Ave. Albert Metcalf, 400 Central Ave. Clarence Walke, 2093 Washing• ton St. Mrs. Marcella M. McCarty, 620 East 16th Street Hazel Radetzki, 2038 Central Ave. Mrs. Beatrice C. Winkler, 1400 Central Avenue Cecil J. McMahon, 649 East 16th Street Clarence P, Haupert, 1703 As- bury Street Donald Jungblut, 1481 Dodge St. Alford F. Finch, 1347 Central Avenue Robert J. Fury, 475 Central Ave. Mrs. Bessie E. Whitsel, 177 Main Street Paul A. Legler, 1048 Main St. Herman A, Buttikofer, 399 East 20th Street James W. Baxter, 1501 Central Ave. Milton J. Marty, S.E. Corner 5th k Locust St. Dell Warren and Ralph Warren, 1700 Central Ave. Xavier Hospital Gift Shop, Davis do Windsor Ave. William Claiborne, 530 Main St. Joseph W, Loucks, 105 Locust St. John Petrakis, 1584 Central Ave. Norman D. Troupe, 1543 Central Ave. Milton F. Fink, 3165 Central Ave. Mrs. LaVerna L. Barker, 678 Central Avenue Clifford Banks, 2300 Rhomberg Ave. Norbert H, Sauser, 2774.2776 Jackson St. BE 1T FURTHER RESOLVED that the bond filed with the appli- cation be approved. Passed, adopted and approved this 30th day of June, 1959. CHARLES A, KINTZINGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU rn,rrn J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second• ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 167.59 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque ±hat the following applications be granted and licenses be issued up• on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Cecil J. McMahon, 649 East 16th Street Anton Fortmann & Co., 253 Main St. Frank E. Lewis, 2403 Central Avenue George C. Westercamp, 1399 Jackson Street John P. Hemmer, 69R Central Avenue Norman D. Troupe, 1543 Cen- tral Avenue CLASS "C" PERMIT Edmund H. Callahan, 1105 Wal nut St. Harold A, Casey, 655 Clarke Drive Otto J. Dunbar, 2401 Jackson St. Passed, adopted and approved this 30th day of June, 1959. CHARLES A. KII~ITZRVGER Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the Resolution. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller,. Takos, Welu. Nays-None. i, ~' ~:'. ~} ~z y ~.~ ;. ~~ ti >r; Special Session, June 30, 1959 323 RESOLUTION N0. 166.59 There being no further business WHEREAS, heretofore applications Councilman Welu moved to ad• for Beer Permits were filed by the Journ. Seconded by Councilman within named applicants and they Freund. Carried by the following have received the approval of this vote: Council; and Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, WHEREAS, the premises to be Welu. occupied by such applicants were Nays-None. inspected and found to comply LEO F. FROMMELT with the ordinances of this City City Clerk and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Cecil J. McMahon, 649 East 16th Street Anton Fortmann & Co., 253 Main Street Frank E. Lewis, 2403 Central Avenue George C, Westercamp, 1399 Jackson Street John P. Hemmer, 698 Central Avenue Norman D, Troupe, 1543 Cen• tral Avenue Approved ............y ......................1959 Adopted ......................................1959 Councilmen ........................... ..... Attest : ............................................ City Clerk CLASS "C" PERMIT Edmund H. Callahan, 1105 Wal- irut Street Harold A. Casey, 655 Clarke Dr. Otto J. Dunbar, 2401 Jackson St. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are here- hy approved. Passed, adopted and approved this 30th day of June, 1959. CHARLES A. KINTZIIVGER Mayor GEORGE A, FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution, Second- ed by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None.