1959 July Council ProceedingsC~
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CITY COUNCIL
(Official)
Regular Session, July 6, 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 this is the regular
monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting.
Councilman Schueller moved
that the rules be suspended in or-
der to let anyone present address
the Council if they so desire. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Mr. Charles E. Dove, former
Councilman and Mayor, addressed
the Council by stating that a group
of men are interested in construct-
ing amedical building over the
present parking area at 5th and
Bluff Street. It would be a two
level structure with provision
made for a three level if business
would warrant it in the future. A
parking ramp with space for nine-
ty-four cars would be built on the
west side of the office building
which would front on Bluff street.
Construction of the building would
take up only seventeen of the one
hundred and fifty-one spaces in
the present parking lot. The struc-
ture would be supported on pillars
above the present parking lot,
Councilman Freund moved that
the matter be referred to the City
Manager, City Solicitor, and to the
Council to consider the legal as-
pects, method of payment, and
also as to the leasing of air rights.
Seconded 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 Notice of hear-
ing to Property Owners to consid-
er the proposal for the construc-
tion of "City of Dubuque 1959 Con-
crete Sidewalk Project No. 1" for
construction of concrete sidewalks
on the following portions of 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 from 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 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
ATorth 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 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 the
South Property Line of Asbury
328 Regular Session, July 6, 1959
Road to the North Property
Line of Hillcrest Raad.
16. Mullin Road from the South
Froperty 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
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 Ave•
nue to the west property line
of Crass Street.
21. Valleyview Raad from the
West Property Line of Chaney
Road to the East Property Line
of Carter Road.
Councilman Schueller moved
that the proof of publication be re-
ceived and filed. Seconded by
Councilman Welu, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of L. G. Schaffert et al
objecting to the proposed construe
tion of sidewalks on Valleyview
Road, presented and read. Coun•
cilman Freund moved that the pe-
tition 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.
Petition of L. G. Schaffert et ux
requesting the deletion of the pro-,
posed construction of concrete side-
walks at 2100 Deborah Drive, pre•
sented and read. Councilman
Freund 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.
Petition of Tom Johnson request-
ing deletion of the proposed con-
struction of concrete sidewalks at
2115 Deborah Drive, presented and
read. Councilman Freund 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,
Petition of St. Joseph Mercy Hos-
pital objecting to the proposed con•
' struction of sidewalks in front of
the Sanatorium from the west
property line of Bunker Hill to the
east property line of St. Rose
Priory, presented and read. Coun-
cilman Freund moved that the pe-
tition 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.
Petition of Hillcrest Builders
Inc., requesting an extension of
time for the construction of side-
walks in Block 5, Block 11, Block
10, Block 13, Mineral Lot 261 and
263, presented and read. Council-
man Freund moved that the peti•
lion be received and filed. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Thomas W, Voelker
et al objecting to the proposed con-
struction of sidewalks on Cross
street, presented and read. Coun-
cilman Freund moved that the pe-
tition 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.
Petition of St. Peter's Lutheran
Church, requesting an extension of
time to construct sidewalks on As-
bury street, because of a contem-
plated building program, presented
and read. Councilman Freund
moved that the petition be re-
ceived and filed. Seconded by
Councilman Takos. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Regular Session, July 6, 1959 327
Petition of H. E. Dilworth re-
questing deletion of the proposed
sidewalks along lots 1 to 8 of
Katherine Seippel Subdivision on
Evergreen Drive, until construe
lion of homes on these lots is com-
pleted, presented and read. Coun•
cilman Freund moved that the
petition 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.
Petition of A. J. Kerper object-
ing to the proposed construction
of sidewalks on certain property
adjoining St. Anne Drive, between
Chaney Road and Flora Park, pre-
sented and read, Councilman
Freund 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.
Petition of Leo J. Schlueter ob•
jetting to the proposed construc-
tion of sidewalks on Woodlawn,
presented and read. Councilman
Freund 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.
Messrs. T. Bledsoe, L. G. 5chaf-
fert, Harley Amundsen, Joe Kelly,
Don Brus, Charles Nauman, Herb.
Dilworth, Earl Kortmeyer, Bob
Langheim, Howard O'Brien, Merle
Lippstock, Lea Schlueter, Eldon
Kramer, Don Hartmann, Henry
Dolson, Martin Arling, W. Bock-
haus, Buck Howes, Donald Christ,
Don Herron, Lawrence Aubrey, ad-
dressed the Council objecting in
most part to the proposed side-
walk construction program. Some
of the citizens in the area were not
objecting to the program in itself
but were asking for more time
because of finances and settlement
of land fills. Attorney Robert
Bertsch addressed the Council in
behalf of property owners abut-
ting Lindale, Kevindale, Wood-
lawn and Karen Streets, by stating
that the majority of the property
owners on Woodlawn wave their
hearing set for the August 3rd
meeting of the City Council, Most
property on Woodlawn runs to the
curb line and the cost factor should
also be considered. After a lengthy
discussion Councilman Takos was
in favor of scraping the program
and starting all over, Councilman
Welu would like to have heard
more in favor of the sidewalk pro-
gram before approval is given.
Mayor Kintzinger stated the main
thoroughfares need sidewalks.
Councilman Schueller expressed
himself as being willing to go along
with an extension of time. Coun•
cilman Freund was of the opinion
that the Council should form a
statement of policy on a city-wide
basis; Should establish a definite
program in terms of years; Should
formulate and familiarize the citi-
zens as to what constitutes a side-
walk and should view the grounds
before any project is contemplated.
Councilman Freund moved that
the Council formulate a definite
sidewalk program to be effective
over the years to start in 1960.
Seconded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Councilman Welu moved that all
the streets be. deleted from the
City of Dubuque 1959 Concrete
Sidewalk Project No, 1, except Hill-
crest Road from the south property
line of Asbury to the east property
line of Avalon Road (north side
only) and Hillcrest Road from the
west property line of Avalon Road
to the west end of Hillcrest Road
(both sides). Seconded by Council-
man Takos. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
Statement of City Clerk From•
melt stating that notices were
mailed by regular mail on June
16, 1959, to the abutting property
owners along the line of improve-
ment known as the City of Du-
buque 1959 Concrete Sidewalk
Project No. 1, presented and read.
328 Regular Session, July 6, 1959
Councilman Welu moved that the
statement be received and filed.
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0.169-59
Resolution amending Resolution
No. 146-59
Be. It Resolved by the City Coun-
cil of City of Dubuque, Iowa:
Section 1. That Resolution No.
146-59, being the Resolution of
Necessity for the City of Dubuque
1959 Concrete Sidewalk Project No.
1, be and the same is hereby
amended by deleting the following
portions of the following named
streets therefrom:
ALL STREETS EXCEPT HII.L•
CREST ROAD.
Passed, adopted and approved
this 6th day of July, 1959.
CHARLES A, KINTZINGER,
Mayor
GEORGE A. FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELU,
PETER J. TAKO5,
Councilmen
ATTEST: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the fallowing vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0.14~59
Resolution of Necessity for Con•
struction of City of Dubuque 1959
Concrete Sidewalk Project No. 1,
alos setting time and place of hear-
ing and prescribing notice for City
of Dubuque 1959 Concrete Sidewalk
Project No. 1.
WHEREAS, proposed plans and
specifications, plat and schedule
have been duly prepared and ap-'i
proved by the City Council of the '
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 as-
sessed against each lot or the
improvement for the construc-
tion of the City of Dubuque
1959 Concrete Sidewalk Project
No. 1 consisting of concrete
sidewalks in the following
named street;
Hillcrest Road from the south
property line of Asbury to the
east property line of Avalon Road
(north side only).
Hillcrest Road from the west
property line of Avalon Road to
the west end of Hillcrest Road
(both sides).
Be It Therefore Resolved by the
City Council of the City of Du-
buque, Iowa:
1. That the City Council deems it
advisable and necessary for the
public welfare to make said im-
provement.
2. Said improvements shall be con•
structed and done in accordance
with said plans and specifica-
tions and the total cost of mak-
ing said improveemnt 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
special benefits conferred.
3. Bonds shall be issued and sold
in anticipation of deferred pay
ments of assessments when a
contract has been performed
and accepted and the proceeds
thereof used to pay the con-
tractor.
4. On the 6th day of July, 1959 at
7:30 p.m, the Council will meet
in the City Council Chambers
in the City Hall in the City of
Dubuque, Iowa, and hear prop-
erty owners subject to the as-
sessment and interested parties
for and against the improve-
ment, its costs, the assessment
thereof, or the boundaries of
the district.
5. The City Clerk is hereby author-
ized and directed to cause pub-
lic notice of the date, time and
place of hearing to be given by
publication once each week for
two consecutive 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 ordinary
mail to the owners of said prop-
erty to be assessed, as shown
Regular Session, July 6, 1959 329
by the records in the Office 'I
of the County Auditor not less
than fifteen days prior to said
hearing.
Approved on first reading this
1st day of June 1959.
Passed, adopted and approved as
amended thc~ 6th day of July, 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, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 170-59
Resolution Approving Detailed
Plans, Specifications, Form of Con•
tract and Notice to .Bidders and
Directing Advertisement to Bid•
'`
,~ ders.
Whereas, the City Council of
the City of Dubuque, Iowa has here-
.,' tofore adopted Resolution No. 146-
59, being a Resolution of Necessity
~ for the construction of "CITY OF
~. DUBUQUE 1959 CONCRETE SIDE-
. WALK PROJECT N0. 1"; and
Whereas, the City Engineer has
submitted and filed with the City
Clerk detailed plans and specifica-
r tions, form of contract and notice
to bidders for said improvement;
Now, Therefore, Be It Resolved
That said plans, specifications,
form of contract and notice to
bidders are hereby approved and
'~~;. that the City Clerk is hereby au-
' thorized and directed to publish
said notice to bidders, in the man-
ner provided by law, once each
week for two consecutive weeks,
the first of which publications
shall not be less than twelve (12)
days before the date set in said
notice for receiving bids.
Said contract shall provide, and
bids shall be invited for the con•
~; struction of all sidewalks described
in "CITY OF DUBUQUE 1959
SIDEWALK PROJECT N0. 1" ex-
cept those sidewalks which have
been constructed prior to July 20,
1959 and also except those side-
walks which the owner has, prior to
July 20, 1959 agreed to construct
prior to September 20, 1959 and
has guaranteed the performance
of such agreement with sufficient
surety, after having first shown
grounds, satisfactory to the City
Manager, why such construction
was not completed prior to July
20, 1959.
Passed, adopted and approved
this 6th day of July, A.D. 1959.
CHARLES A. KINTZRVGER,
Mayor
GEORGE A. FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELD,
PETR J. TAKOS,
Councilmen
Attest: LEO F, FROMMELT,
City Clerk
Councilman Schueller 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.
Communciation of N a t i o n a l
Rivers and Harbors Congress that
upon recommendation of the Na-
tional Projects Committee the
Municipal Commercial Harbor at
Dubuque on upper Mississippi River
Dredging Project has been listed
in Class II, presented and read.
Councilman Welu moved that
the communication be received and
filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Hillcrest Build-
ers Inc. submitting a preliminary
plan for Hillcrest Heights Subdivi-
sion No. 2, consisting of 535 lots,
presented and read. Mayor Kint-
zinger moved that the plat and
communication be referred to the
Planning & Zoning Commission and
that the subdivider be requested to
comply with the subdivision ordin-
ance by furnishing the required
number of plats. Seconded by
Councilman Welu, Carried by tilt
following vote:
330 Regular Session, iuly 8, 1959
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 1,1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
I have. examined the claim of
Mrs. Robert Meyer, 1513 Lincoln
Avenue, for damages sustained
when she struck a large rock on
Dodge Street on April 24, 1959 and
can find no negligence on the part
of the City and recommend that
the claim be denied.
Respectfully submitted,
T, H. NELSON
Councilman Takos moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None..
July 1, 1959
To the Honorable Mayor and
Members of the City Council,
Dubuque, Iowa
Gentlemen;
In accordance with the provisions
of the Code of Iowa, 1954, the
Civil Service Commission con-
ducted an Entrance Examination
on Jue 25, 1959, for those seeking
positions as "Water Plant Operat•
ors."
The following are the. names of
those who passed the written ex-
amination with an average of 70%
ar better. I
NAME AVERAGEI
Sylvester L, Daugherty 87%
Glenn T. Ries 73%
Alvin Anderson 70%
Respectfully submitted,
Sylvan F. Jaenke
Chairman
Louis J. Lagen
J. A. Carew
Members of Civil Service
Commission
Attest: LEO F. FROMMELT,
Clerk
Subscribed and sworn to before
me this 3rd day of July, 1959.
(Notarial Seal) John J. Dolan,
Notary Public
Councilman Freund moved that
the communication be received and
made a matter of record. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None..
July 3, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Harold P. Meloy,
County Auditor, stating that the
Board of Supervisors had sold Min-
eral Lot 134 to Clifford M. Less for
X30.00 was referred to the City
Council to view the grounds.
Upon investigation it was deter-
mined that in the opinion of the
City Council, this property should
~ not be sold for an amount less
than the delinquent taxes due.
It is therefore recommended
that the decision of the Council be
confirmed and the petition denied.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved
that the. recommendation of the
City Manager be approved. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
WeIU.
Nays-None..
July 6, 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 your approval
on same for filing, subject to the
approval of the City Solicitor:
SIDEWALK
James G. Becker, Columbia Cas-
ualty Co,
Dasso Construction Company,
American Surety Co.
Klauer, Klauer and Associates,
American Surety Co.
Theodore Taurus, Hawkeye Se-
curity Ins. Co.
HEATING
Curtis-Straub Co., Central Surety
and Ins. Corp.
Holland Furnace Co., The Ohio
Casualty Ins. Co.
I~
1.
1
i;
I i
Regular Session, .iuly 6, 1959 331
McCarten Plumbing and Heating,
Indemnity Insurance Co, of N. A,
Linehan & Molo, Inc., U. S, Fidel-
ity and Guaranty Co.
Fred Schoenthal, Home Indemn-
ity CO.
Alex Bodish & Son, Standard Ac-
cident Ins. Co.
Economy Piping Contractors,
Iac., Standard Accident Ins. Co.
BLASTING
Kenneth W. Gaber, d/b/a K. W.
Gaber Construction Co., American
Surety Co.
Kenneth W. Gaber, d/b/a K. W.
Gaber Construction Co., Bitumin-
ous Casualty Corp.
Muncie Construction Corp., Mun-
cie, Indiana. U. S. Casualty Com-
pany.
Respectfully submitted,
L, J. SCHILTZ,
City Manager
Councilman Takos moved that
the bonds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 36.59
An Ordinance Approving the Plat
of Blocks 16, 17, 18 and 19 in
Riverfront Subdivision No. 3 in the
City of Dubuque, Iowa, and Vacat-
ing portions of Ann Street, Dock
Street, Marshall Street, Decatur
Street and Peosta Street located
therein, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor 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 Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. 36-59
An Ordinance Approving the Plat of
Blocks 18, 17, 18 and 19 in Riverfront
Subdivision No. 3 in the City of Du-
buque, Iowa, and Vacating Portions of
Ann Street, Dock Street, Marshan Street,
Decatur Street and Peosta Street located
therein.
Whereat the Dock Board has sub•
mitted for Council approval a plat of
municipally owned real estate in Area
"B" of the Industrial Park, to be here•
after known as Block 16, 17, 18 and 19
in Riverfront Subdivision No. 3 in the
City of Dubuque, Dubuque County, Iowa;
and
~9hereas certain portions of Ann
Street, Dock Street, Marshall Street,
Decatur Street and Peosta Street are
located within said subdivision;
Now Therefore, Be It Ordained by the
City Council of the City of Dubuque:
Section 1. That the plat of
Blocks 16, 17, 16, and 19 in Riverfront
Subdivision No. 3 in the City of Du•
huque, Dubuque County, Iowa,
be and the same is hereby approved
and the Mayor and City Clerk are here-
by authorized and directed to endorse
the approval of the City thereon;
Section 2. That the portions of Ann
Street, Dock Street, Marshal] Street,
Decatur Street and Peosta Street, lying
within Blocks 16, 17, 18 and 19 of River-
front Subdivision No. 3 be and the
same are hereby vacated;
Section 3. 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 of Dubuque County, Iowa.
Passed, adopted and approved this
6th day of July, A.D. 1959.
CHARLES A. KIlYTZINGER,
Mayor
GEORGE A. FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELU,
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Pubnshed officially in the Telegraph•
Herald newspaper this 10th day of July
1959.
LEO F. FROMMELT,
City Clerk
1 t. 7ilo
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
e, ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 37.59
An Ordinance Authorizing the
Construction of a Wall in Broad-
way Street, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Councilman Freund moved that
the rules be suspended requiring
332 Regular Session, July 6, 1959
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 37.59
An Ordinance Authorizing the Con-
struction of a Wall in Broadway
Street.
Be It Ordained By The City
Council Of The City Of Dubuque,
Iowa:
Section 1. That Robert H. Mc-
Cormick, Norbert G. Tigges and
Doris Tigges, as owners of Lot 1 of
Lot 3 of the Subdivision of Lots 23,
24, 25 and 26 of William Rebman's
Subdivision in the City of Dubuque,
Dubuque County, Iowa, be and
they are hereby granted permis-
sion to construct a stone retaining
wall in Broadway Street, abutting
said property, sis feet (6') Yrom
the face of the curb line, subfect
to the following terms and condi-
tions;
(a) That said wall be construct-
ed under the supervision of the
City Manager;
(b) That the permission herein
granted is revocable by the City
Council whenever it shall deter-
mine that the public interest re-
quires;
(c) That in the event the permis-
sion herein granted is revoked, the
permittees for themselves, their
successors or assigns agree to re-
move said wall at their expense,
within a reasonable time and in
the event of their failure so to do
the Cicy may remove the same and
assess the cost of such removal
against the first above described
property;
Section 2. That this Ordinance
shall be in Lull force and effect
upon its passage and publication
as provided by law and the ac-
ceptance of the terms and condi-
tions in writing by permittees.
Section 3. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Ordinance in the office of
the County Recorder of Dubuque
County, Iowa.
Passed, adopted and approved
this 6th day of July, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: Leo F. Frommelt
City Clerk
Acceptance of Ordinance Ne. 97.59
We, Robert H. McCormick, Lanae
McCormick, Norbert Tigges and
Doris J. Tigges, having full knowl-
edge and understanding of all the
terms and conditions of Ordinance
No. 37-59 hereby accept the same
as passed and agree to comply with
the terms and conditions thereof.
Adopted this 16th day of July
1959.
ROBERT H. McCORMiCK
LANAE McCORMICK
NORBERT TIGGES
DORIS J. TIGGES
Published officially in The Tele-
graph-Herald Newspaper this 20th
day of July 1959.
LEO F.FROMMELT
lt. 7/20 City Clerk.
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NO, 38.59
An Ordinance Authorizing Char-
les J. Murphy et al, to Construct
a Loading Dock in the Alley, pre-
sented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor 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 Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0, 38.59
An Ordinance Authorizing Charles
J. Murphy, et al, to Construct a
Loading Dock in the Alley.
Be It Ordained By The City
Council Of The City Of Dubuque:
Section 1. That Charles J. Mur-
phy, et al, as owners of the prem-
ises known as 197 Main Street in
the City of Dubuque, be and they
are hereby authorized and granted
the right and authority to con-
struct and maintain a loading dock
in the alley at the rear of said
premises under the terms and con-
ditions set forth to this Ordinance;
Section 2. That such construc-
tion shall be done in accordance
with plans heretofore submitted
by permittees and approved by
the City Manager, under the su-
pervision and direction oP the City
Manager, and in accordance with
all applicable State and Federal
Laws and regulations and the
ordinances of the City of Dubuque;
Section 3. That the permission
herein granted is expressly con-
ditioned on permittee's agreement
[o:
(a) Assume any and all liability
for damages to persons or property
which may result from the con-
struction or maintenance of said
loading dock:
(b) To pay on behalf of the City
oY Dubuque all sums which the
City of Dubuque shall become
obligated to pay by reason oP the
liability imposed upon the City of
Dubuque for damages of any kind
resulting from the construction or
maintenance of said loading dock,
sustained by any person or per-
i
Y
1~~
'..
~!:
Regular Session, July 6, 1959 333
sons, caused by accident or other-
wise; to defend at its own expense
and on behalf of said City any
claim against the City of Du-
buque arising out of the construc-
tion or maintenance of said load-
ing dock;
Section 4. That the permission
herein granted is expressly condi-
tioned upon permittees' further
agreement that should the right
and privileges herein granted be
rescinded or revoked by the City
Council, permittees, or their suc-
ressors in interest, as owners oP
the abutting property, shall, with-
in thirty (30) days after receipt
of written notice from the City
Manager, so to do, at their own
expense, remove said loading
dock, and in the event of their
failure so to do the City of Du-
buque shall be authorized to re-
move said loading dock at permit-
tees' expense and dispose oP the
same, and permittees shall have
no claim against the City, or its
agents for damages resulting from
the removal of said loading dock;
Section 5. This Ordinance shall
become effective and the rights
.hereunder accrue to Charles J.
Murphy, et al, when this Ordinance
has been adopted by the City
Council and the terms and condi-
tions thereof accepted by permit-
tees by acceptance endorsed on this
Ordinance.
Passed, adopted and approved
this 6th day of July, 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
Acceptance of Ordinance Na. 98.59
The undersigned, having read
and being familiar with the terms
and conditions of Ordinance No.
38-59 hereby, Por themselves, their
successors or assigns, as owners
of the abutting property, accept
the same and agree to be bound
by the conditions and agreements
therein contained to be performed
by permittees.
Dated: July 7, 1959.
CHARLES J. MURPHY
ELINOR ANN MURPHY CODY
IMELDA K. MURPHY PIEKEN-
BROCK
Published officially in The Tele-
graph-Herald Newspaper this 20th
day of July 1959.
LEO F. FROMMELT
lt. 7/20 City Clerk.
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Kin~nger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None..
ORDINANCE NO. 39.59
An Ordinance Vacating Keppler
Street, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor 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 Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 39-59
An Ordinance Vacating Keppler
Street.
Whereas, Neil Lutes, as owner of the
abutting property, has petitioned the
City of Dubueue to vacate Keppler
Street from Clarke Drive to Globe
Street; and
Whereas the Planning and Zoning
Commisison has recommended said vaca-
tion; and
Whereas, said street has never been
opened and the City Council has deter-
mined that the same is not required for
public use;
Now therefore, be it Ordained by the
City Council of the City of Dubuque:
Section 1. That Keppler Street from
Clarke Drive tc Globe Street be and the
same is hereby vacated;
Section 2. That the City Clerk be and
he is hereby authorised and directed to
record a certified copy of this Ordinance
in the office of the County Recorder of
Dubuque County, Iowa.
Section 3. This Ordinance shall be in
full force and effect from and after its
final passage, adoption and publication
as by law provided.
Introduced the 6th day of July, 1959.
Rule requiring reading on three sep-
arate days suspended by unanimous
vote the 6th day of July, 1959.
Passed by recorded roll call vote,
adopted and approved this 6th day of
July, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELU,
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Published officially in the Telegraph•
herald newspaper this 10th day of July,
1959.
LEO F. FROMMELT,
City Clerk
1 t. 7/10
Councilman Freund moved the
adoption of the Ordinance. Second-
ed by Councilman Schueller. Car-
. ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NO. 40.59
An Ordinance Vacating Camp
Street from Main Street to Salina
Street, presented and read,
Councilman Freund moved that
the reading just had be considered
334 Regular Session, July 6, 1959
the first reading of the Ordinance.
Seconded by Councilman Schueller.
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 Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0. 44-59
An Ordinance Vacating Camp Street
from Main Street to Salina Street.
Whereas Crescent Realty Corporation,
L. R. Weber and A1lled Chamical Cor-
poration, as owners of the abutting
property, have petitioned the City Coun-
cil to vacate Camp Street from Main
Street to Salina Street; and
Whereas, the Planning and Zoning
Commission has recommended said vaca•
tian; and
Whereas, the City Councll has deter-
mined that said street is not required
for public use;
Now Therefore, Be It Ordained by the
City Council of the City of Dubuque,
Iowa:
Section 1, That Camp Street from
Main Street to Salina Street be and the
same is hereby vacated;
Section 2. That the City Clerk be and
he is hereby authorized and directed to
record a certified copy of this Ordi-
nance in the office of the County Re•
corder of Dubuque County Iowa.
Section 3. This Ordinance shall be in
flan force and effect from and after
its final passage, adoption and publica-
tion as by law provided.
Introduced the 6th day of duly, 1959.
Rule requiring reading on three sep•
orate days suspended by unanimous
vote the 6th day of July, 1959.
Passed by recorded roll call vote,
adopted and approved this 6th day of
July, 1959.
CHARLES A. I{INTZINGER,
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 10th day of July,
lsss.
LEO F. FROMMELT,
City Clerk
1 t. 7ilo
Councilman Freund moved the
adoption of the Ordinance. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Laverne Jorgenson,
requesting a refund of $150.00 on
Class B beer permit No. 8, as he
has discontinued business on June
30, 1959, presented and read.
Councilman Freund moved that
the. refund be granted and the
Auditor instructed to draw a war-
rant payable to Laverne Jorgenson,
in the amount of $150.00, to cover
the amount due on the unexpired
portion of Class B beer permit No,
8. Seconded by Councilman Takos,
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of John Rettenmaier, re•
questing a refund of $100.00 on
Class B beer permit No. 141, as he
has discontinued business on June
30, 1959, presented and read.
Councilman Freund moved that
the refund be granted and the. Aud-
itor instructed to draw a warrant
payable to John Rettenmaier, in
the amount of $100.00, to cover the
amount due on the unexpired por-
tion of Class B beer permit No,
141. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Petition of J. M. Riedi, request-
ing arefund of $100,00 on Class
B beer permit No. 147, as he has
discontinued business on June 30,
1959, presented and read, Council-
man Freund moved that the refund
be granted and the Auditor in-
structed to draw a warrant pay-
able to J. M. Riedi, in the amount
of $100.00, to cover the amount
due on the unexpired portion of
Class B beer permit No. 147. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Henry C. Torrey, re-
questing a refund of $100.00 on
Class B permit No. 131, as he has
discontinued business an June 20,
1959, presented and read. Council-
man Freund moved that the re
fund be granted and the Auditor
instructed to draw a warrant pay-
able to Henry C. Torrey, in the
amount of $100.00, to cover the
„fir
1~~
I
Regular Session, July 6, 1959 335
amount due on the unexpired por-
tion of Class B beer permit No.
131. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor lintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Schueller Blacktop
Co. requesting that the City of Du-
buque 1959 Concrete Curb & Gutter
Project No. 1 Section 1, 2 and 3,
and City of Dubuque 1959 Bitum-
inous Concrete Paving Project No.
1, Sections 1 and 2, contracts be
assigned to the First National Bank
of Dubuque, Iowa, presented and
read.
Mayor Kintzinger moved that the
petition be granted subject to the
receipt of proper papers for sig-
natures. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Dubuque Boat Club
requesting the use of the Eagle
Point River Front area and also
the use of the Water Works
grounds west of Front Street for
the purpose of parking cars and
concession stands on August 9,
1959, in the conducting of profes-
sional boat races, presented and
read.
Councilman Schueller moved that
the request be granted and that
an area be set out for them and
also that the area be properly
cleaned up after the affair. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Council-
men, Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Dubuque Service Op-
erators Association requesting that
consideration be given. to the pos•
Bible restraint of the use of curb
side signs at gas stations which
have come to be used extensively
in the gasoline retail industry, said
signs being a potent weapon uses
to advertise the gas wars, presentee
and read.
Mayor Kintzinger moved that the
petition be referred to the City
Solicitor for investigation and re-
port and that he meet with the
members of the Association at his
convenience. Seconded by Council-
man Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Schrup Motor Co. et
al requesting relief of the present
parking situation on both sides of
White street from 9th to 10th
streets, presented and read.
Councilman Freund moved that
the petition be referred to the
City Manager for investigation and
report. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified
by the Publisher, of Notice of
Pendency of Resolution of Neces-
sity for Public Improvements and
hearing upon proposed plans and
specifications form of contract and
cost of improvement for the con-
struction 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 inter-
section of Collins Street 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 Sub-
division 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, at
an estimated cost of $13,578.02,
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.
336 Regular Session, July 6, 1959
Mayor Kintzinger moved that
the proof of publication be receiv-
ed and filed. Sceonded by Coun•
Gilman Freund. Carried by the fol-
lowing vote:
Yeas-Mayor I{intzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Decision of Council upon ob
jections to plans, specifications,
form of contract and cost of im•
provements.
RESOLUTION N0. 171.59
Whereas, proposed plans and
specifications and form of contract
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 SL Joseph, 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 Sub-
division 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 Streot, thence east-
erly in West Third Street to Lot
No. 13 of Michels Subdivision have
been approved by the City Council
of the City of Dubuque and public
notice given as provided by Chap-
ter 23 of the Code of Iowa, 1950,
pertaining to public contracts and
bonds, and the time and place
fixed for the hearing of all object-
ions to said plans, specifications
or contracts for or cost of such
improvements, said time being
this 6th day of July, 1959; and
Whereas, the City Council met
in regular session this 6th day of
July, 1959, at 7:30 o'clock P.M. at
the Council Chambers in the City
Hall for the purpose of hearing
all interested parties and consider-
ing any and all objections which
have been filed to the proposed
plans, specifications ar contract
for ar cost of the improvement
herein described and proposed to
be made; and
Whereas, all interested parties
have been given an opportunity
to be heard and all objections
which have been duly weighed
and considered; now, therefore
Be It Resolved_by the City Caun•
Gil of the City of Dubuque, that
all objections which have been
made and filed to the plans, spec-
ifications, contract for or cost of
said improvement herein described
and proposed to be made, be and
the same are hereby overruled and
such plans, specifications and form
of contract heretofore approved
are hereby adopted.
Be It Further Resolved that this
resolution containing the decision
of this Council upon all objections
which have been filed to the plans,
specifications and form of cost of
said improvement be made a mat-
ter of permanent record in con-
nection with said improvement.
Passed, adapted and approved
this 6th day of July, 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 Welu. Car-
ried by the fallowing 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 as•
sessed 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 mat-
erial to be used.
4. In each case the amount
thereof which is estimated to be
assessed against each lot, for the
,e
1
~'
-~f,
1-
.3.1:,
~F.
Regular Session, July 6, 1959 337
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 inter-
section of Collins Street 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 Sub-
division 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 property own-
ers, deems it advisable and neces-
saryfor the public welfare to make
the herein mentioned improve-
ment, and unless property owners
at the time of final consideration
of this proposed resolution have
have on file with the City Clerk
objections to the amount of the
proposed assessments, they shall
be deemed to have waived all ob-
jections thereto,
Said improvements shall be con-
structed and done in accordance
with the plans and specifications
which have been prepared there-
fore by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost and
expense of making said improve-
ment will be assessed upon and
against all privately owned pro-
perty lying within assessable dis-
tance provided by law and in an
amount not to exceed the amount
provided by law, property will be
assessed whether the same abuts
thereon or is adjacent thereto ac-
cording to area and in proportion
to the special benefits conferred
thereby, and any deficiency shall
be paid out of the sewer fund.
Bonds shall be issued and sold in
anticipation of deferred payments
of assessments when a contract
has been performed and accepted
and the proceeds thereof used to
pay the contractor. The railway
portion of any street or assessment
district shall be assessed to and
paid by the railway company.
The above resolution was intro-
duced, approved and ordered plac-
ed on file with the City Clerk this
1st day of June, 1959.
RECORD OF FINAL ADOPTION
The foregoing resolution was
finally passed and adopted, as pro•
posed, by the City Council this 6th
day of July 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
final adoption of the resolution.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 172.59
Be It Resolved by the City Coun-
cil of the City of Dubuque that
pursuant to a resolution of neces-
sity No. 139-59 which was duly
passed by this Council, for the con-
struction of an eight inch (8") sani-
tary sewer in Collins Street, Hale
Street and West Third Street begin-
ning at the existing 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
Lot No. 64 of Quigley'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
and the same are hereby ordered
and constructed by this Council
338 Regular Session, July 6, 1959
upon its own motion and with or
without the petition of property
owners. All the work shall be can-
structed in accordance with the
plans and specifications heretofore
adopted and now on file in the
office of the City Clerk.
Be It Furtiher Resolved that the
cast and expense of the said im-
provements be paid for by levying
special assessments against the
privately owned property lying
within the assessable distance from
the improvements, whether such
property abut upon the same or
to the area thereof and in propor-
tion to the special benefits con-
ferred, and any deficiency will be
paid out of the sewer funds of
the city. Payments will be made
to the contractor out of funds re•
alined fmm the sale of bonds or
with bonds to be issued in anticipa-
tion of deferred payments of as-
sessments as provided by law after
the work 'has been completed and
accepted by the City Council.
Be It Further Resolved that the
City Clerk be and he is hereby
ordered and directed to advertise
for proposals far the construction
of the various improvements here-
in provided for in the manner pro•
vided by law, the said improve-
ments shall be completed on or
before 50 calendar days after no-
tice to proceed is issued.
Be It Further Resolved that this
resolution being deemed urgent
and of immediate necessity shall
be in force and effect from and
after its passage and adoption by
the City Council.
Passed, adopted and approved
this 6th day of July, 1959.
CIIARLES A. KINTZIN~1gR
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 Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION NO. 173.59
BE 1T RESOLVED by the City
Council of the City of Dubuque
that the following, having complied
with the provisions of law relating
to the sale of cigarettes within the
City of Dubuque, be granted a
permit to sell cigarettes and cigar•
ette papers within said City.
Name Address
Richard J. Manternach, 380 East
20th Street
Jean Steve, 2730 Dodge Street
Creslanes Bowling, 255 So. Main
Street
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adopted and approved
this 6th day of July, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilmen Freund moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION NO. 174.59
WHEREAS, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
NOW, THEREFORE,
BE IT RESOLVID by the City
Council of the City of Dubuque
that the following applications be
granted and licenses be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMIT
Name Address
George and Helen Lanser, 2595
Rhomberg Avenue
Creslanes Bowling, 255 So. Main
Street
Passed, adopted and approved
this 6th day of July, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen
Attest: LEO F, FROMMELT,
City Clerk
~,w: ~ .
a.
`1
Regular Session, July 6, 1959 339
Councilman Freund 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. 175.59
WHEREAS, heretofore applica-
tions for Class "B" Beer Permits
were filed by the within named ap•
plicants and they have received
the approval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply i
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE 1T 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 "8" PERMIT
Name Address
George and Helen Lanser, 2595
Rhomberg
Creslanes Bowling, 255 So. Main
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 6tti day of July, 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 Takos. Carried
by the. following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 176.59
Whereas, Sears, Roebuck & Co.,
of Chicago, Illinois, has addressed
a letter to the City Council dated
June 19, 1959 offering to purchase
under the terms and conditions
set forth in said letter, the prop-
erty generally known as Rafferty
Park Property, bounded by Locust
Street, Railroad Avenue, Harrison
Street and the property of Eagle
Market; and
Whereas, the City Engineer has
prepared and submitted for Council
approval a plat of said proposed
area assigning the designation
thereto as:
Lot One of Commercial Sub•
division in the City of Dubu-
que, Dubuque County, Iowa;
and
Whereas, the City Council deems
it to be in the best public interest
that a public hearing be held on
the proposal to dispose of said
municipally owned real estate, to
Sears Roebuck & Co., under the
terms and conditions set forth in
said offer;
.NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CPfY OF DUBUQUE:
Section 1. That the proposal of
Sears, Roebuck & Co. as set forth
in its letter of June 19, 1959, be
and the same is hereby set down
for public hearing on the 3rd day
of August, 1959 at 7:30 o'clock p.m.
in the City Council Chamber in the
City Hall, at which time and place
the City Council will hear all in-
terested persons on the proposal to
sell the Rafferty Park Property,
bounded by Locust Street, Railroad
Avenue, Harrison Street and the
property of Eagle Market, as the
same appears upon the plat pre-
pared by the City Engineer and
designated, Lot One of Commercial
Subdivision in the City of Dubuque,
bubuque County, Iowa, subject to
easement for storm sewer appear-
ing on said plat, to Sears, Roebuck
& Co., for an agreed purchase price
of $284,359.00, under the following
terms and conditions:
(a) $28,436.00 of the purchase price
has been paid to the City of
Dubuque at the time of the
delivery of said letter and the
unpaid balance shall be paid
upon delivery of City's Deed
to said property;
(b) The City of Dubuque agrees to
convey by the City's good and
sufficient deed and provide an
abstract of title showing good,
merchantable and insurable
title in the City of Dubuque,
free and clear of all liens or
encumbrances;
(c) In the event Sears, Roebuck &
Co., fails to commence con-
struction of a retail depart-
340 Regular Session, iuly 6, 1959
(d)
(e)
(f)
(g)
ment store and auxiliary facili-
ties as described in said letter,
within four (4) years from the
delivery of the City's deed,
then in that event the City
shall have the right to repur-
chase the property by repay-
ment of said agreed purchase
price;
The City's conveyance of title
and the payment of the unpaid
balance of the purchase price
shall be accomplished on or be-
fore January 1, 1960;
The City shall have the right
to continue to use said real
estate until the commencement
of construction by Sears, Roe-
buck & Co., with the further
right to remove all playground
and other City equipment now
installed in the area;
Sears, Roebuck & Co. shall
have the right of access, and
ingress and egress at the place
where Charter and Camp
Streets, as now platted, inter-
sect with the east line of South
Locust Street;
Sears, Roebuck & Co, shall
have the right to inspect the
property and make test borings
for the purpose of determin-
ing the soil conditions and if,
in the sole and absolute dis•
cretion of Sears, Roebuck &
Co., the company shall, prior
to the conveyance of title,
determine that the soil condi-
tions as shown by said test
borings would render the con-
struction and erection of the
facilities described in the Com-
pany's letter inadvisable or un-
reasonably or excessively cost-
ly, then the company shall
have the right to terminate
and cancel its offer, in its sole
discretion;
Section 2. That the City Clerk
be and he. is hereby authorized and
directed to publish notice of such
hearing in the manner required
by law.
Passed, adopted and approved
this 6th day of July, 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. Second-
ed by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 177-59
Whereas, on the 1st day of June,
1959, the City Council of the City
of Dubuque adapted Resolution No.
141-59, approving a certain agree-
ment providing for the conveyance
by Clarke College to the City of
Dubuque of certain therein de-
scribed real estate; and
Whereas, through a clerical er-
ror there was an error in the de-
scription of one of the parcels as
set forth in said Resolution; and
Whereas, the City Council desires
to correct said error;
Now Therefore, Be It Resolved
by the City Council of the City
of Dubuque:
Section 1. That the terms and
conditions of the agreement be-
tween Clarke College and the City
of Dubuque, providing for the
conveyance of
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
Lat 190,
in the City of Dubuque, Dubuque
County, Iowa,
subject to the terms and conditions
set forth in said Agreement, be
and the same is hereby ap~toved,
and that the action of the Mayor
and City Clerk in executing said
Agreement on behalf of the City of
Dubuque, be. and the same is here-
by ratified and confirmed.
Passed, adopted and approved
this 6th day of July, A.D. 1959.
CHARLES A. KINTZINGI~R,
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•
e.d by Councilman Welu. Carried
by the following vote:
eq
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i p,
Regular Session, July 6, 1959 341
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
July 3, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: This is to advise you
that the. "City of Dubuque 1959 Hot
Mix-Hot Laid Asphaltic Concrete
Surfacing Project No. 1," consisting
of the construction of Hot Mix-Hot
Laid Asphaltic Concrete surfacing
of the portions of street herein-
after described, under construction
by the Badger Bituminous Com-
pany, has been completed in ac-
cordance with the plans and speci•
fication.
1, therefore, recommend the ac•
ceptance of this improvement. The
portions of the streets involved are
as follows:
1. Alley between Main & Locust
Streets from Jones Street to
12th Street.
2. 10th Street from Central Av
enue to Bluff Street.
3. 22nd Street from Central Av-
enue to Windsor Avenue.
4. 3rd Street from Iowa Street east
to railroad tracks.
5. Harrison Street from Jones
Street to Dodge Street.
6. Shields Street from Jones Street
to Main Street.
7. Alley between Iowa Street and
Central Avenue from 4th Street
to alley first south of 13th
Street.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman ~Velu moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 118.59
WHEREAS, the contract for the
City of Dubuque 1959 Hot Mix-Hot
Laid Asphaltic Concrete Paving
Project No. 1.
1. Alley between Main and Locust
running from the North Prop
erty Line of Jones Street to
the South Property Line of
12th Street.
2. 10th Street from West Prop-
erty Line of Central to the East
Property Line of Bluff Street.
3. 22nd Street from East Property
Line of Central to South Prop-
erty Line of Windsor Avenue,
4. 3rd Street from East Property
Line of Iowa Street east to rail-
road tracks.
5, Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street,
6. Shields Street from North
Property Line of Jones Street
to East Property Line of Main
Street.
7, Alley between Iowa and Cen-
tral running from North Prop-
erty Line of 4th Street to the
alley first south of 13th. Street.
has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$74,292.65,
That $73,440.26 of the cast there-
of shall be assessable upon pri-
vate property and $852.39 shall be
paid from the Street Construction
Fund of the City of Dubuque,
Passed, adopted and approved
this 6th day of July, 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.
342 Regular Session, iuly 6, 1959
(A Resolution Accepting Improve•
ment and Directing the Clerk
to Publish Notice.)
RESOLUTION N0. 179-59
Whereas, the contract for the
City of Dubuque 1959 Hot Mix•Hot
Laid Asphaltic Concrete Paving
Project No. 1
1. Alley between Main and Locust
running from the North Proper•
ty Line of Jones Street to the
South Property Line of 12th Street.
2, 10th Street from West Property
Line of Central to the East
Property Line of Bluff Street.
3. 22nd Street from East Property
Line of Central to South Prop-
erty Line of Windsor Avenue.
4. 3rd Street from East Property
Line of Iowa Street east to
railroad tracks.
5: Harrison Street from South
Property Line of Jones Street
to North Property Line of
Dodge Street.
6. Shields Street from North Prop-
erty Line of Jones Street to
East Property Line of Main
Street.
7, Alley between Iowa and Central
running from North Property
Line of 4th Street to the alley
first south of 13th Street.
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
Be It Resolved, by the City Coun-
cil of the City of Dubuque, that
the recommendation of the City
Manager be approved and that said
improvement be and the same is
hereby accepted and the City En-j
gineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the
same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefor, as required by law.
Be. It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the funds to be realized from
the sale of Street Improvement
bonds issued upon the above de-
scribed improvement in amount
equhl to the amount of his con-
tract, less any retained percentage
provided for therein.
Passed, adopted and approved
this 6th day of July, 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 Wolu moved the
adoption of the resolution, Sec•
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintainger, Council-
, men Freund, Schuellor, Takos,
Welu.
Nays-None.
Councilman Freund moved that
the. City Manager be and he is
hereby directed not to fill any
vacancies in the position of En-
gineer in the City Fire Department
hereafter and that, upon the death,
promotion or retirement of all of
the present incumbents of said posi-
tion, the position of Engineer in
the City Fire Department be
abolished; that it is in the best
public interest that the. grade or
classification bf Fire Equipment
Operator in the City Fire Depart-
ment be and the same is hereby
put under Civil Service and that
an ex8mination for the position be
held as sotin as possible for all
men with at least four years sere
ice. Seconded by Councilman Takos.
Carried by the, following vote:
Yeas-C o u n c i 1 m e n Freund,
Schueller, Takos,
Nays-Mayor Kintzinger, Council-
man Welu.
Councilman Freund moved that
the proposed budget for 1960 for
the City Assessor's Office in the
amount of $54,615.55, be. approved.
Seconded bq Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Takos moved that
Thomas J, Hill and Edw. Kuehnle
,+
.~
,,.~
?.
Regular Session, July 6, 1959 343
be re-appointed to the Board of
Review for a six year term from
January 1, 1960 to January 1, 1966.
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
There being no further business
Councilman Schueller moved to ad-
journ. Seconded by Councilman
Welu. Carried by the following
vpte:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
LEO F. FROMMELT
City Clerk
Approved ................................1959.
Adopted ..................................1959.
Councilmen 3 ......................................
Attest :..............................................
City Clerk
344 Special Session, July 20, 1959
CITY (OUN(IL
Special Session, July 20, 1959.
Council met at 7:30 P,M.
Present -Mayor Kintzinger,
Councilmen Freund, Schueller,
Takos, Welu. City Manager Schiltz.
Mayor Kintzinger read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
approving the BUDGET ESTIMATE
OF EXPENDrfITRES for the fiscal
year beginning January 1,1960 and
ending December 31, 1960, and
directing the date of public hear-
ing upon same and acting on any
other business as may properly
come before a regular meeting of
the Council.
Certificates of Airport Levy,
Bunker Hill Municipal Golf Course
Levy, Docks & Terminal Operation
Levy, Library Levy, Park Levy,
Playground Swimming Pool and
Playground Improvement Ievy, Po•
lice Pension Levy, Police Retire-
ment Levy, Fire Pension Levy,
and Fire Retirement Levy, pre-
sented and read.
Councilman Freund moved that
the certificates of levy be referred
to the Council at the time the
budget is considered. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
July 14, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Attached is a list of all parcels
of property within the City con•
sisting of ten acres or more which
would be eligible for taxation as
agricultural land provided they
were used in good faith for agri-
cultural or horticultural purposes.
This list has been submitted by
the City Assessor's Office.
I am attaching another list
which has been prepared by me
listing the parcels of property for
which exemptions have been re-
quested and are to my knowledge
eligible for this exemption.
Respectfully submitted,
L. J. SCHH.TZ,
City Manager
Councilman Takos moved that
the list submitted by the City
Manager be approved. Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
In accordance with provisions of
law, I have prepared an Annual
Budget for the fiscal year begin-
ning January 1, 1960, and ending
December 31, 1960, based upon
the estimated income and ex-
penses of the various departments
of the City of Dubuque.
The requests of the various de-
partments, boards and commissions
have been given careful considera-
tion and it is my opinion that the
budget as submitted will provide
the same level of service that has
been provided the past year and
that all departments and boards
and commissions can carry out
projects and operate with the
maximum efficiency.
One major item that has been
reduced in the Dock Commission
budget is the inclusion of $146,-
000.00 for the sale of property on
the Industrial Island. This has
been deleted from the budget be-
cause it is felt that if this trans-
action is completed, the budget
may be amended to provide for
additional work in Area A.
In submitting the budget, I
would like to explain some of the
variations from the 1959 budget
which will result in a small in-
crease in property taxes.
The increase in the GENERAL
FUND amounts to $8,586.00 and
includes an increase in salaries for
city councilmen as approved by
the State Legislature from $500.00
per year to $1,200.00 per year. It
includes an increase in the plan-
ning budget of $5,000.00, an in-
crease in miscellaneous for claims
against the City for damages and
is
~.
vi
I~
,3j
`:'
,~;
I~
Special Session, July 20, 1959 345
also for a contingency item to be ~
appropriated by the Council in
January of 1960 for employee
benefits.
In the PUBLIC SAFETY FUND
there is an increase of $31,231.00
which includes $8,000.00 for part
payment on a new pumper and
$4,000.CO toward payment of a new
ambulance. Also in this we have
ineiuded the contingency item to
be appropriated by the Council
in 1960 for employee benefits.
in the SANITATION FUND the
overall budget shows an increase
of $1,843.00. All items in the Sani-
tation Fund remain practically the
same as in 1959, however, there is
an item far contingency to be ap-
propriated in January 1960 for em-
ployee benefits, This increase is
offset by reduction in expendi-
tures for main sewers and outlets
and also for the city share of
sewer tax.
In the STREET FUND there is
a decrease in the budget of
$1,575.00, however there is an in-
crease in the tax askings of ap-
proximately $40,000.00 This is
brought about by the reduction of
unencumbered balances that will
be available for street construc-
tion in 1960 that were available
in 1959. It was necessary to in-
crease the budget for snow remov-
al $14,775.00 because of the antici•
potion of another winter similar
to 1958-59. We reduced the item
for street construction by approxi-
mately $16,000.00 in anticipation
that the street construction pro-
gram in 1960 will not be as large as
that of 1959.
In the STREET ROAD USE TAX
FUND all monies received are
from the Road Use Tax Fund and
no tax revenue for street repair-
ing and grading and street con-
struction is used. The total amount
of this has been increased approxi-
mately $50,000.00 because of the
increased revenue that we will re-
ceive- from the Road Use Tax
Fund during 1960.
The budget for the MUNICIPAI
ENTERPRISE FUND which in
eludes the Dock Commission, Li
brary Board, Airport Commission
and Cemetery expenditures is
$51,461.00 less than 1959 due tt
the decrease in construction b~
the Dock Commission. The taxes
asked of these three boards is
approximately $10,000.00 less than
m 1959. Under the Dock Commis•
pion we have included an expendi-
iure of $5,000.00 far rehabilitation
of the Shot Tower. This item is not
sufficient to da this work, how-
ever, it is hoped that this can be
used as a challenge far any local
group to raise the balance of the
money necessary for this worth-
while project that has such a his-
toric value to the City of Du-
buque.
In the RECREATION FUND the
budget has been increased about
$22,400.00. Part of this increase is
due to additional maintenance in
the parks because of the added fa•
cilities in the last few years. An-
other increase is due to the addi-
tion of $20,000.00 for work at the
municipal ballpark on 4th Street
Extension. This $20,000.00 for the
work at the ballpark is recom-
mended to the Council for approv-
al subject to those groups interest-
ed in professional baseball circu-
lating the necessary petitions far
an election on whether to con-
struct anew ballpark to be pre-
sented to the voters at the Novem-
ber election.
The UTILITIES FUND has
been increased $13,960 of which
$5,000.00 is a tax increase and is
for the maintenance and repair of
street and traffic lighting. This is
necessary because of the addition-
al lights needed in new subdivi-
sions and also for some additional
lights in the older sections of the
City that now have inadequate
lighting.
The budget for PARKING
METERS AND LOTS remains the
same as in 1959.
The budget for the TRUST &
AGENCY FUNDS which includes
all of the, pension funds, social
security and the Iowa Public Em-
ployees Retirement System is in•
creased $25,775.00. This increase is
necessary because of reduced un-
encumbered balances and also to
keep the pension funds acturially
sound.
The DEBT SERVICE FUND has
been increased $17,400.00. This is
mainly due to a judgment that is
now outstanding against the City
for $15,000.00 on which we will
346 Special Session, July 2Q 1959 Special Session, July 20, 1959 347
have to levy funds sufficient to
cover this judgment. The balance
of the increase is due. to a reduc•
tion in the unencumbered balance
over 1959.
The total amount of money to be
levied for taxes is $2,212,473.00
which is 1.1551 mills increase over
1959. The total budget for 1960 is
$4,202,964.00 comparable to $4,101;
950,00 in 1959.
The major increases in the bud-
get are due to the inclusion of the
ball park remodeling, renovation
of the shot tower and employee
benefits to be determined in 1960
by the City Council, Other reasons
for the small tax increase is be-
cause of the reduced unexpended
balances we will have available in
the Street Fund in order to carry
out the same level of street main-
tenance work and the increased
funds necessary for snow removal.
The inclusion of the $15,000.00
judgment which the City will ul-
timately be faced with is another
item that has to be met by an
iperease in taxes.
Respectfully submitted,
L, J. SCHILTZ,
City Manager
Couucilman Freund moved that
the communication be received and
filed. Seconded by Mayor Kintiing-
er. Carried by the following vote:
Yeas-Mayor Kintiinger, Council
men 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 Welu. Carried by
the following vote:
Yeas--ASayor Kintiinger, CoupCil-
tnen Freund, Schueller, Takos,
Welu,
Nay~None.
Mrs. Abby McDonald Dancer, as
;t representative of the Historical
Seciety, addressed the Council by
thanking them for including $5000
in the 1960 budget for the preserva• '~
tion of the Shot Tower. The thought
was expressed by the City Manager
that by the City doing something
toward the preservation of the Shot
Tower as a landmark, it may be an
iprentive for 14ca1 citizens, either
as individuals or organizations, to
take up the challenge by providing
additional funds toward this worth-
while project.
RESOLUTION N0. 180-59
Whereas, the City Manager has
submitted a budget estimate as
provided in Chapter 24 of the 1954
Code of Iowa and the City Council
had duly considered and caused to
be prepared the budget estimate
of expenditures for the fiscal year
beginning January 1,1960 and end-
, ing December 31, 1960 as a basis
for the tax levy for the year 1959
the same to be collected in the year
1960 and said budget having been
duly approved by it,
Now, Therefore, Be It Resolved
by the City Council of the City
of Dubuque that said budget esti•
mate be and the same is hereby
ordered filed in the Office of the
City Clerk of the City of Dubuque
and the date of public hearing
thereon is hereby fixed as the. 3rd
day of August, 1959 at 7:30 P.M. in
the Council Chamber in the City
Hall.
Be It Further Resolved that said
Clerk be and he is hereby directed
to cause said budget estimate of
expenditures to be published in
the official newspaper of the. City
of Dubuuue and the official notice
to be given of the time and place,
whop and where said budget esti-
mate. will be considered by said
Council or final adoption, at which
time and place taxpayers will be
heard for and against said estimate,
said Publication to be not less than
ten (10) days before said date of
hearing,
Passed, adopted and approved
this 20th day of July 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND,
LEO N, SCHUELLER,
CLARENCE F. WELU,
PETER J, TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Freund. Carried
by the following vote.:
Yeas-Mayor Kintiinger, Council-
men Freund, Schueller, Takos,
Welu,
Nays-None.
I
i
i~
~ t
I
July 10,1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: Attached herewith
is a copy of the annual audit of
records and accounts for the City
of Dubuque submitted to the Audi-
tor of State according to Chapter
11, 1956 Code of Iowa.
This report shows that all the
accounts and records are in proper
form and all transactions have been
properly authorized and executed.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Welu moved that the
report be received and filed. Sec-
onded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Itintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
July 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: I have a request from
Police Chief Hugh Callahan to
attend the International Associa•
tion of Chiefs of Police meeting to
be held in New York City from
the 27th of September through
October 1st.
I recommend that Chief Callahan
be authorized to attend this meet-
ing at city expense.
Respectfully submitted,
L. J, SCHILTZ,
City Manager
Councilman Schueller moved that
the, recommendation of the City
Manager be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintiinger, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
July 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: Fire Chief Thoma;
C. Hickson has requested permis
Sion to attend the International As
sociation of Fire Chiefs Conference
to be held in Grand Rapids, Michi
gan from August 31st to September
3rd.
I recommend that the Fire Chief
be authorized to attend this meet-
ing at city expense.
Respectfully submitted,
L. J, SCHILTZ,
City Manager
Councilman Schueller moved that
the recommendation of the City
Maftager be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintiinger, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
July 20, 1959
To the Honorable Mayor
and City Council
Dubiiqu@, Iowa
Gentlemen:
This is to advise that I have ap-
proved the following bonds and
policies and desire to have your
approval on same for filing subject
to the approval of the City Solic-
itor:
HEATING
Alfred Henschel, d/b/a Henschel
Roofing & Sheet Metal, Hawkeye
Security Insurance Co. Bond No.
949937
Loras Beadle, Western Surety
Company Bond No. 854567.59
Howard J. Kenneally, d/b/a Ken-
neally Fuel & Heating Sheet Metal,
United States Fidelity & Guaranty
Bond No. 2821413.1891-54
Alvin Anderson, Merchants Mu-
tual 1#onding Co., Bond No. 76401
Braconier Plumbing & Heating,
Fireman's Fund Insurance Co.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Welu moved that the
bonds and policies be filed subject
to the approval of the City Solic-
itor. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Kintiinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 20, 1959
To the Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
The results of an investigation
and survey of the possibility of con-
348 Special Session, July 20, 1959
strutting a sanitary sewer in Flor-
ence Street has been completed by
the Engineering Departemnt. );t
has been found that the construc-
tion of the sewer would be possible,
but the estimated assessed cost per
front foot would be approximately
$21.45 per foot. A contributing fact-
or to this cost is that a majority
of abutting lots cannot be assessed
because of the terrain and no bene:
fits could be conferred.
I, therefore, recommend that the
petition of Mrs. Carl Loewen be
received and filed, and that no
further action be taken on this
project.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Mayor Kintzinger moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Iowa State
Department of Health issuing per-
mit No, 59.138•S for the construc-
tion of 678 feet of 8" sewer in
Dirksen Addition, presented and
rend.
Councilman Welu moved that the
communication 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.
July 16, 1959
To the Honorable Mayor and
Dlembers of the City Council,
Dubuque, Iowa
Gentlemen:
In accordance with the provisions
of the Cade of Iowa, 1954, the
Civil Service Commission conduct-
ed an entrance examination on
June 25, 1959, for those seeking
positions on the Police 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 on the Police Depart-
ment.
Name Average
Michael Wenzel Sand 81>~Z%
James W. Miller 81%
Respectfully submitted,
SYLVAN F. JAENKE,
Chairman
LOUIS J, LAGEN
J. A. CAREW,
Commissioners
Attest: LEO F. FROMMELT,
Cierk
Subscribed and sworn to before
me a Notary Public this 16th day
of July 1959.
(Notarial Seal) JOHN J, DOLAN,
Notary Public
Councilman Welu 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-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 June 1959, presented
and read.
Councilman Freund moved that
the proof of publication 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.
July 15, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Planning and Zoning Com-
mission has examined the petition
of Walter Lewis requesting rezon-
ing to Local Business District A
certain property at Carter Road
and Kane Street.
When Mr. Lewis appeared at the
meeting he stated he wished to
use the property for a restaurant.
The first Zoning Classification of a
restaurant is in Local Business Dis-
trict Band the Commission feels
this area is not suitable fora B
District due to the various permit-
Special Session, ]uly 20, 1959 349
ted uses and therefore recommends
denial of the petition,
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By OWEN RILEY, Secretary
Councilman Freund moved that the
recommendation of the Planning &
Zoning Commission be approved,
Seconded by Councilman Takos,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 15, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of J, Allen Wallis
Jr. requesting vacation of certain
easements in Indian Hills Subdi-
vision and the supporting petitions
of the Interstate Power Co. and
Telephone Co. have been consider-
ed by the Planning & Zoning Com-
mission.
It is understood that the purpose
of these easements will be accom-
plished in a more suitable location
and the Planning and Zoning Com-
mission recommends granting the
request.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By OWEN RILEY, Secretary
Councilman Welu moved that the
recommendation of the Planning
& Zoning Commission be approved.
Seconded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 15, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The request of the City Council
by the City Manager regarding Va-
cation of Camp Street and Charter
Street from Harrison St. to South
Locust Street has been considered
by the Planning and Zoning Com•
mission.
The purpose is to consolidate
the many parcels and include these
streets to make one large lot.
The Planning & Zoning Commis-
sion recommends to City Council
that the request be. granted and
the above streets be vacated.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By OWEN RILEY, Secretary
Councilman Welu moved that the.
recommendation of Planning &
Zoning Commission be approved
and that proper proceedings be
prepared. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 8,1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen;
I have examined the claim of
Mrs. Allen (Virginia) Freese, 1501
Earl Drive, for damages sustained
when she struck a defect in the
street at the. intersection of Van
Buren and Brown Streets and find
that the defect existed as claimed,
and that the damages were sus-
tained.
I recommend that the claim be
allowed in the amount of $55.96
and the Auditor instructed to issue
a warrant payable to Mr. and Mrs.
Freese and deliver the same upon
receipt of a properly executed re-
lease.
Sincerely,
T. H. NELSON
Councilman Freund moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Welu. Carried by the
fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Lucy Blocker,
of 2235 Cherry Street, in the
amount of $5.50, for plumbing ex-
pense incurred as the result of a
backed up sewer on June 27, 1959,
presented and read. Councilman
~t~elu moved that the claim be re-
ferred to the City Solicitor for in-
vestigation and report, Seconded
by Councilman Takos. Carried by
the following vote:
350 Special Session, July 20, 1959
Yeas--Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Mrs. Lorraine
M. Briggs of 1108 Rhomberg Av
enue, in the amount of $57.67, for
damage to her car as the result of
striking a hole in the pavement at
14th ~ Elm street on May 2, 1959,
presented and read. Councilman
Welu moved that the claim be re•
(erred to the City Solicitor for in•
vestigation and report. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of claim of William G.
Sauer, of 465~i College Street, in
the. amount of $40.00, for damage
to his car as the result of striking
a protruding sewer cover on the
northeast corner of Holly and Rush
Street on July 5, 1959, presented
and read. Councilman Welu moved
that the claim be, referred to the
City Solicitor for investigation and
report. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice of Suit of Veronica M.
Neuses, in the amount of $6,750.00
for personal injuries received in a
fall on an ice covered sidewalk at
1814 White Street on December 26,
1958, presented and read. Council-
man Welu moved that the notice
be referred to the City Solicitor
for investigation and report. Sec-
onded by Councilman Takos. Car-
ried by the following vtrte:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0. 41.59
An Ordinance Amending Ordin•
ante No. 7.47 by Repealing and Re-
Enacting Sections 7.3.2, 7.3.13,
7,3.14, and 7.3.18, and 7.4.9 and
Enacting new Sections 7.3.21, 7.3.22
and 7.4.12, presented and read.
Councilman Freund moved that
the reading just had be considered
the, first reading of the Ordinance
as amended. Seconded by Council•
man Welu. Carried by the follow-
ing 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 Welu. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. 41.59
An Ordinance Amending Ordinance
No. 717 by Repealing and Re-enacting
Sections 7.3.2, 7.3.13, 7.3.14, and 7.3.18,
and 7.4,9 and Enacting now Sections
7.3.21, and 7.3.22, and 7.4.12.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That Ordinance No. 7.47 be
and the same is hereby amended by re•
pealing Sections 7.3.2, 7.3.13, 7,3.14, and
7.3.16, thereof, and enacting the fol•
lowing substitutes therefor:
"7.3.2-Both sides of Iowa Street from
Fourth Street to Loras Boulevard;
7.3.13-Both sides of Tenth Street
from White Street to Iowa Street and
from Locust Street to Bluff Street;
7.3.14-Both sides of Eleventh Street
from White Street to Bluff Street;
7.3.18-Both sides of Thirteenth Street
from White Street to Main Street"
Section 2. That Ordinance Na. 717 be
and the same is hereby amended by
adding new Sections 7.3.21 and 7.4.12
thereto as follows:
"7.3.21-West side of White Street
from Tenth Street to East Fourteenth
street;
7.4.12-East side of White Street from
Tenth Street to East Fourteenth Street"
Section 3. That Ordinance No. 7.47 be
and the soma is hereby amended by re-
paalin~ Section 7.4.9 and enacting the
follawmg in lieu thereof:
"7.9.9-Both sides of Twelfth Street
from Main to Bluff Street"
Section 4. That Ordinance No. 7.47
be and the same is hereby amended by
adding a new Section 7.3$2 as follows:
"7.3.22-Both sides of 12th Street
from Central Avenue to Main Street"
Section 5. This Ordinance shall be in
full force and effect from and after its
final passage, adoption and publication
as by law grovided.
Introduced the 20th day of July, 1959,
Rule requlriag reading on three sep-
arate days suspended by unanimous vote
the 20th day of July, 1959.
Passed by recorded roll call vote,
adopted and approved this 20th day of
July, 1959.
CHARLES A. KINTZHVGER,
Mayor
GEORGE A.FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Published officially in The Telegraph-
Herald newspaper this 24th day of July,
lass.
LEO F. FROMMELT,
City Clerk
lt. 7.24
a
Special Session, July 20, 1959 351
Councilman Freund moved the
adoption of the Ordinance as
amended. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Councilman Welu moved that the
Traffic Department be instructed to
make a study of lengthening the
meter time in the downtown area
on shopping nights. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas~Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
July 15,1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Board of Adjustment has
requested the. Planning & Zoning
Commission to study Article 9 d of
the Zoning Ordinance in view of
certain requested variances,
The Board of Adjustment has
had a request for Variance to al•
low a gas pump in the parking
lot at the Southwest corner of 8th
and Iowa Street. The present Ord•
finance does not permit a gas pump
within two hundred foot of a
theatre. The Board felt that this
requirement was unfair but thought
the Ordinance should be amended
rather than a variance graphed.
This requirement has been in-
vestigated by the Commission, Fire
Department and Building Depart-
ment and the opinion of all is the
requirement was needed when the
Ordinance was adopted but present
day operation of filling stations
does not present a fire hazard but
rather could be a nuisance or noise
problem.
Therefore the Planning & Zoning
Commission recommends amending
Article 9 d by deleting the words,
theatre or public assembly hall
and defining an institution.
This will retain the protection
of the other listed uses,
Respectfully submitted,
Dubuque Planning ~ Zoning
Commission
By OWEN RII.EY, Secretary
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,
ORbINANCE N0. 42.59
An Ordinance Amending Ordi•
nonce No. 3-34, known as the Zon-
ing Ordinance of the City of Du-
buque, by Repealing Section "d"
of Article IX thereof and Enacting
a Substitute therefor, presented
and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schuel•
]er. 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 Schueller. Carried by the
following 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 Tuesday evening,
September 8, 1959, at 7:30 P.M. in
the Council Chamber at the City
Hall and that the Clerk be in-
structed to publish notice of same
as required by law. Seconded by
Councilman Schueller, Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
1Velu.
Nays-None.
Petition of Charles B. Wieser, re-
questing arefund of $100 on the
unexpired portion of Class B beer
permit No. 148, as he has discon•
tinued business on July 1, 1959,
presented and read.
Councilman Freund moved that
the refund be granted and the
Auditor instructed to draw a war•
rant payable to Charles B, Wieser,
in the amount of $100, to cover
the amount due on the unexpired
portion of Class B beer permit No.
352 Special Session, July 20, 1959
148. Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Key Gate Center re-
questing permission to install sani-
tary sewer and water systems serv-
ing Lots 1, 2 and 3 of Key Gate
Center and to connect to the City
sewer and water systems, presented
and read.
Councilman Freund moved that
the petition be referred to the City
Manager to confer with the various
departments so that proper plan-
ning can be carried out and then
report back to the, Council at the
regular meeting of August 3, 1959.
Seconded by Councilman Welu. Car-
ried by the fallowing vote:
Yeas-Mayor Kintzinger, Council•
men Freund, Schueller, Takos,
VJelu.
Nays-None,
Petition of D. B, Bartch et al re-
questing the installation of a street
light at the intersection of Keokuk
and National streets, presented and
read.
Manor Kintzinger moved that the
petition be referred to the City
Manager and Electrical Inspector
far investigation and report. Sec-
onded by Councilman Schueller,
Carried by the following vote:
Yeas-Dlayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
April 17, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: Herewith submitted
for your consideration is subdivi-
sion plat of Blocks 4, 5 and 6 of
Dirksens Sub.
This plat has been examined and
approved by the Planning and Zon-
ing 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 following
vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 181-59
Whereas, there has been filed
with the City Clerk a plat in which
Lot 2 of Lot 1 of Lot 1 of Lot 1
of I.ot 1 of "Dirksen Place" in the
City of Dubuque, Dubuque County,
Iowa, is platted into lots to be
known as Blocks 4, 5, and 6 in
"Dirksen Addition" in the City of
Dubuque, Dubuque County, 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
streets to be known as Avalon
Road and Jeffrey Drive, and also
easements for public utilities, which
the owners upon 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 re•
lating thereto, except that the
grades have not been established,
the streets brought to grade, or
paving, sewer, water or sidewalks
installed;
Now Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa:
Section 1. That the dedication
of Avalon Road and Jeffrey Drive,
together with the, easements for
public utilities, as the same appear
upon said plat, be and the same
are hereby accepted;
Section 2. That the plat of the
subdivision of Lot 2 of Lot 1 of Lot
1 of Lot 1 of Lot 1 of "Dirksen
Place" in the City of Dubuque, Du-
buque County, Iowa, into Blocks 4,
5 and 6 in "Dirksen Addition" in
the City of Dubuque, Dubuque
County, Iowa, be and the same is
hereby approved and the Mayor
and Clerk are hereby authorized
and directed to endorse the ap-
proval of said City upon said plat,
provided the owners of said prop-
erty,Clarence A. Dirksen and Grace
F. Dirksen, execute. their written
acceptance hereto attached, agree-
ing:
a. To reduce Avalon Road and
Jeffrey Drive ~to grade, as shown
Special Session, July 20, 1959 353
by the profiles submitted with
the plat;
b. To surface Avalon Road and
Jeffrey 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'/Z") hot mixed,
hot laid, bituminous concrete
surfacing and concrete curb and
gutter as shown in City of Du-
buque Standard Curb and Gut-
ter Section;
c. To install sanitary sewers in ac-
cordance with plans submitted
with the plat;
d. To install storm sewers in ac-
cordance with plans submitted
with the plat;
e. To 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, un-
der the inspection of t:te City
Engineer and in a manner ap-
proved by the City Manager;
g, To maintain the street improve-
ments for a period of four (4)
years from the date of their
acceptance and to maintain the.
storm and sanitary sewers for a
period of two (2) years from the
date of their acceptance;
h. To construct said improvements
prior to November 1, 1960;
i. To install concrete sidewalks on
both sides of Avalon Road and
Jeffrey Drive in accordance
with City of Dubuque Standard
Specifications for Permanent
Sidewalks prior to November 1,
1961;
` and further provided that the. said
Clarence A. Dirksen and Grace F.
Dirksen, as owners of said sub-
division secure the performance of
the foregoing conditions with a
surety bond in such amount and
with such sureties as may be ac-
ceptable to the City Manager;
i
~'' 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 pro-
visions hereof shall be null and
void and the acceptance of the
dedication and approval of the plat
shall not be effective.
Passed, adopted and approved
by unanimous roll call vote July
20th, 1959.
CHARLES A. KINTZINGER,
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 secur•
ity required by the foregoing Reso•
lution No. 181-59 has been pro-
vided by the subdividers.
Dated at Dubuque, Iowa, this 17
day of August, 1959.
L. J. SCHILTZ
City Manager
ACCEPTANCE OF RESOLUTION
N0. 151-59
Clarence A. Dirksen and Grace
F. Dirksen, having full knowledge
and understanding of all the terms
and conditions of Resolution No.
181-59, hereby accept the same
as passed and agree to comply with
the terms and conditions thereof.
Signed at Dubuque, Iowa, this
12th day of August, A.D. 1959.
/s/ Clarence A. Dirksen
/s/ Grace F. Dirksen
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.
July 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: I recommend that
the City Council approve the re
surfacing of the following streets
with a Foamed Asphalt mat for
a width of 24 to 26 feet:
White Street-from 12th Street
to 21st Street.
Bryant Street -from Dodge to
Grandview Avenue.
University Avenue-from Eighth
Avenue to Alta Vista Street.
Loras Boulevard -from Locust
Street to Walnut Street.
Loras Boulevard -from Grand-
vie~x~ Avenue to University
Avenue.
354 Special Session, iuly 20, 1959
The specifications for this work
are on file in the City Engineer's
Office and the estimated cost is
$15,000.00.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Mayor Kintzinger moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 182-59
Preliminary approval of plans,
specifications, form of contract, and
all other documents for the main-
tenance resurfacing of the follow•
ing named streets with foamed as-
phalt liquid mastic;
White Street-12th Street to 21st
Street; Bryant Street-from Dodge
to Grandview Avenue; University
Avenue-from Eighth Avenue to
Alta Vista Street; Loras Boulevard
-from Locust Street to Walnut
Street; Loras Boulevard -from
Grandview Avenue to University
Avenue, at an estimated cost of
$15,000.00, presented 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.
(Fixing date of hearing)
RESOLUTION N0. 183-59
Whereas, the City Council of the
City of Dubuque, Iowa has given
its preliminary approval on thee.
proposed plans, specifications and
form of contract and placed same
on file in the Office of the City
Clerk for public inspection of the
improvement of the following
streets with a foamed asphalt mat
for a width of 24 to 26 feet:
White Street-from 12th Street
to 21st Street.
Bryant Street - from Dodge
Street to Grandview Avenue,
University Avenue-from Eighth
Avenue to Alta Vfsta Street.
Loras Boulevard -from Locust
Street to Walnut Street,
Loras Boulevard -from Grand-
view Avenue to University Av-
enue.
Be it Therefore. Resolved that on
the 3rd day of August, 1959, a pub-
lic hearing will be held at 7:30
P.M. in the Council Chamber of the
City of Dubuque at which time the
objectors for the proposed improve-
ment may appear and make objec-
tion to the proposed plans and
specifications and proposed form
of contract and at the same time to
the boundaries of the proposed dis•
trict, to the cast of the improve-
ment and the City Clerk be, and he
is hereby directed to cause a notice
of the time and place of such hear-
ing to be published in some news-
paper published in the City of Du-
buque which shall be not less than
ten (10) days prior to the day fixed
for its consideration and unless
property owners at the time of final
consideration of said resolution
have on file, with the Clerk objec-
tions to the amount of the proposed
assesment, they shall have been
deemed to have waived all objec-
tions thereto, at which hearing the
Council will hear such objections
and enter on record its final de-
cision thereon.
Passed, adopted and approved
this 20th day of July, 1959.
CHARLES A. KINTZIIdGER,
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, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None,
RESOLUTION N0. 184-59
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with
the provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit
to sell cigarettes and cigarette
papers within said City.
4
~~
'r ~
(~:
Special Session, July 20, 1959 355
Name Address
Maurice J. Smith, 543 Eighth
Avenue
Dorothy A. Hayes, 400 Iowa
Street
Be It Further Resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
this 20th day of July, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A, FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELD,
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, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 185-59
Whereas, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following applications be granted
and licenses be issued upon the
compliance with the terms of the
ordinances of this City,
CLASS "B" PERMIT
Name Address
Milton E. Chapman, 709 Univer•
city Avenue
Maurice J. Smith, 543 Eighth Av
enue
Dorothy A. Hayes, 400 Iowa
Street
CLASS "C" PERMIT
Louis O'Meara, 1655 Delhi Street
Passed, adopted and approved
this 20th day of July, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND,
LEO N. SCHUELLER,
CLARENCE P. WELD,
PETER J. TAKO5,
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, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION No. 186--59
Whereas, heretofore applications
for Class "B" Beer Permits were
filed by the within named appli•
cants and they have received the
approval of this Council; and
Whereas, the premises to be oc-
cupied by such applicants were in•
spected and found to comply with
the ordinances of this City and
they have filed proper bonds; Now,
Therefore,
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
Manager be and he is directed to
issue to the fallowing named ap•
plicants a Beer Permit.
CLASS "B" PERMIT
Name Address
Milton E. Chapman, 709 Univer-
sity Avenue
Maurice J. Smith, 543 Eighth
Avenue
Dorothy A. Hayes, 400 Iowa
Street
CLASS "C" PERMIT
Louis O'Meara, 1655 Delhi Street
Be. It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted and approved
this 20th day of July, 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, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Council-
' men 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:
356 Special Session, 1uly 20, 1959
Yeas-Mayor Kintzinger, Council-
men Freund, Schueller, Takos,
Welu.
Nays-None.
Approved ................................1959.
Adapted ..................................1959.
Councilmen l ...................................
Attest ................................................
City Clerk
Regular Session, August 3, 1959 357
CITY COUNCIL
(OFFICIAL)
Regular Session, August 3, 1959.
Council met at 7:30 P.M.
Present -Mayor Kintzinger,
Councilmen Freund, Schueller,
Takos, Welu. City Manager Schiltz.
Mayor Kintzinger read the call
and stated that this is the. regular
monthly meeting of the City Coun•
cil for the purpose of acting upon
such business as may properly come
before the meeting.
Proof of Publication, certified to
by the publisher, of notice of pub•
G'
EU6 i~~'ESTtIAATE AN D RECORD 8P KtLTFfG
City Estimate
NOTICID-The Clty aouncll of DUBUQUE of DU BIIQUH County, Iowa, will meet August E, 1968, at
1:80 Y. 3L at City Ha1L Tazpayera will be heard for or against the following estimate of ezpendltnree
rar the yyear beginningg January 1, 1960. A detailed statement °f reoei~te and dieburaemeab, both past
and antlolpated will bs available at the hearlag.
LEO T. FROMMELT,
City Clerk.
E •+
AXPENDITUREi 8
~~~yy
baq+0
' 4
I~. ~
~ o ~ f
~
~ q
«
F e
g~
FQND~
~~ FOR YEAR o"
«
q°~ rAC{e
~
Ptl~ m
~
~Om~ «
OeA~
p
h Tor Year For Year
196T 1868 o
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~iWW
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q d'~ d
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f~tiOF~ o h
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,
lic hearing on the Budget Estimate
of Expuenditures for the year be•
ginning January 1; 1960 and end•
ing December 31, 1960, 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, Council•
men Freund, Schueller, Takos,
Welu.
Nays-None.
Oenenl .. ,». ;138,187
1 ; 336,606 ; 225,476 ;377,637
( ; 80,000
I ; 94,600
( ; 183,187
g bjtcUone~...~.1 88,898 J 648,316 I 617,798 I 664,768 86,040 365,639 899,389
1[nni°ipal 1
~
I 6
gD,
I I `
` ` I
67
UUIIt1ea ,....„.,....
ryt°e ...»
iH~ 6
,
17,888
889187
341163
861,478
8,000
1,760
E6E 781
Trust and
Agency ....:.„,....I
18,017 I
318,466
I 183,868
I 340,076 I
80,000
I 11,186 I
186,960
E qpt ~j a„,„....I 68,406 I 368,861 I 308,088 ~ E69,86d S ~ E89,E6b I
I
e Mete
~
p
a 14,789 64,000 64,000 64,OOD 64,000
n jl
rk
in
a
Parking Lot ,,,...) 800,416 I
180,707 I
117,118 1 532,000 39,000 Ib0,00D
et(~tra~ete Lsnd) ....I
p I I I ~b I I 186
aien~ffioeoee 1 4,828 I 88,430 I 19,710 I 1 I
assessed value ;32.42.
...............................................».,...,.»..»..».,»....»»»........................».»..»,...,.....».. 166,749,041
da (1968) ......................».......».,.....»..»..»..»......»»..»..»...»............................ 1 130 861
....................................»................,,...................,.....................,,.... 0 Mnle ,......,;14,086101
3 M111a ........ 1,398,691
~1
I
~4
l ~ T•It
RESOLUTION N0. 187-59
Whereas, the Council of the City
of Dubuque caused to be prepared
and published as provided by law
the Budget Estimate of Expendi•
tures for the fiscal year beginning
January 1, 1960 and ending Decem•
bar 31, 1960 and the hearing upon
said Budget Estimate was fixed for
the 3rd day of Auguste, 1959, at
7:30 P.M. at the Council Chamber
of the City Hall; and
Whereas, this being the time. and
place for said hearing said Budget
Estimate was taken up for final
consideration by the Council and
all parties in interest have been
given the opportunity to be heard
for or against said Budget Estimate,
It Is Therefore Resolved by the
City Council for the City of Du-
buque, Iowa:
That -the Budget Estimate of Ex-
penditures for the fiscal year be•