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1959 September Council Proceedings400 Special Session, August 12, I959 when new plant locations are un- gust. 6, 1959, but ask further disc der consideration, While we are ' cussion with. the officers of Har- sympathetic to Dubuque's peculiar nischfeger either in Dubuque or land cost and land availability for 'Milwaukee toward the goal of lo- industry, we cannot at this time ' eating a Harnischfeger plant in make any other commitments then Dubuque, .and that the communi- indicated in this letter, If these cation be received and made a eanditions do not meet with the .matter of record, Seconded by City Council and Dock Commission CounefIman Takos, Carried by the approval, as indicated by Mr, following vote, Schiltz's telephone conversation, yeas-Mayor Kintzinger Coun- then there remains nothing else to , cilmen Freund, Schueller, Takos, da but for us to look elsewhere We1u. for a location, Nays-None, We are appreciative of the in• terest ou have sho n i ', There being no further business ' y w n our search for a new plant location Mayor Kintzinger moved to ad- and regret that apparently circum• journ. Seconded by Councilman stances prevent us from achieving Welu. Carried by the following a happy solution to our mutual vote' ' interests. Yeas-Mayor Kintzinger, Coun- Yours very truly cilmen Freund, Schueller, Takos, , HARNISCHFEGER Welu. CORPORATION Nays--None, H, Menck LEO F, FROMMELT Vice President in Charge City Clerk of Manufacturing HM/gh CC: Mr. Frank Wagner, President Adopted ..................................1959 Dubuque Dock Commission, Mr. T-homa's M. Stampfer, Mayor Kintzinger proposed that Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1959 the proper officials of Harnisch• - feger Corporation tie invited to "'.."...."'.'.."..".." .':.'. Dubuque to discuss this matter with the Council, Councilman Welu admitted com- plete surprise at the turn of events. He felf that employment Councilmen , ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,; should be oar first consideration. He looked with disfavor upon the so called modified offer of the Har- """"""""""""""""""" nischfeger Corporation, However the door is wide open for further ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, negotiations, Councilman Schueller thought it Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, would be unwise to tie up that amount of acres to employ only City CIerk one hundred and twenty people. Councilman Freund stated that we cannot possibly accept this as a final offer, We could even go to Milwaukee if necessary, Couricilrrian ~`akos staled that he could not go along with the offer as it stands. Councilman Freund moved that despite .the fact that we are most desirous of the Harnischfeger Cor• poration locating in Dubuque, we do not accept the proposal of the Tarnischfeger Corporation as out- lined in Mr. Menek's letter of Au- Regular Session, September 7, .1959 ',~~ ~ ~~,1 {~i`~~~ ~~ I~a (OFFICIAL) Regular Session, September 7, 1959. NO MEMBERS of the City Coun- cil being present upon roll can the meeting was postponed sabject to call. LEO F. FROMMELT City Clerk Approved ....................................1960 Adopted ......................................1960 Councilmen ...................................... Attest . ............................................ City Clerk 401 i-: 402 Adjourned Regular Session, September 8, 1959 "' i ~ ~ t 7 ~ • ~. ~ t ~`, 1, (OFFICIAL) Adjourned Regular Session, Sop• tember 8, 1959, Council met at 7:30 P. M, Present -Mayor Kintzinger, Councilmen Freund, Schueller, Ta• kos, Welu. City Manager Schiltz. Mayor Kintzinger stated that this meeting is an adjourned meet- ing of the regular meeting of Sep- tember 7, 1959, for the purpose of acting upon such business as may properly come before a regu- lar meeting of the City Council. Mayor Kintzinger announced the names of the following citizens to serve on the Industrial Expansion Committee; Chairman Charles E. Dove, Wm. Clemens Sr,, Dr. Gay- lord Couchman, Albert VonAh, Rev. Edwin Kurt, Ralph Kling, Dr. Spears of the National Safety Council presented a plaque to the Mayor being a certificate of achievement for 1958, for no traf• fie deaths and noteworthy traffic safety activities as shown in the annual inventory of traffic Safe- ty Activities. Dr, Spears stated that the overall traffic picture for the City shows a good steady growth, The Engineering and Edu- cation Sections of the traffic de- partment have shown marked itn- provement over the preceding year, Petitions of Central Avenue Bus- iness Men's Group consisting of Hansel & Barth, Midwest-Henker Co., Leo A. Steffen, Tapelt & Reis- er, Ed, Turnquist, Voelker Realty Co., requesting an opportunity to meet with the Council relative to parking lots and street lights for Central Avenue, presented and read, Councilman Schueller moved that the petitions be received and filed, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Cliff Walsh stressing the need of adequate parking fa- cilities and modern lighting for Central Avenue, presented and read. Councilman Schueller moved that the petition be received and filed, Seconded by Councilman Freund. Carried by the following vote: Yoas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Tri-State Paint & Wallpaper Co, requesting street lights, a minimum of two parking lots and a survey as to the possi- bility of returning Central Avenue to a two-way street, presented and read. Councilman Schueller moved that the petition be received and filed. Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Midwest Chemical & Specialty Co, requesting street lights and parking facilities on Central Avenue to extend to 16th street, presented and read. Coun- cilman Schueller moved that the petition be received and filed. Sec- onded by Councilman Freund, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Jos. A. Grab object- ing to the proposed lighting pro- gram on Central Avenue in 1500 block, presented and read, Coun- cilman Schueller moved that the petition be received and filed. Sec- onded by Councilman Freund. Car- ried by the following vote, Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of F, J, Humke object- ing to the proposed lighting pro- gram on Central Avenue presented and read. Councilman Schueller moved that the petition be re- ceived and filed, Seconded by Councilman Freund. Carried by the following vote: Yeas-Nlayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Adjourned Regular Session, September 8, 1959 403 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 I{intzinger, Coun- cilmen Freund, Sclmeller, Takos, Welu. Nays-None. Cliff Walsh, Leo Steffen, Carl Danglemeyer, Ed Turnquist, Ray Schmeickel, Joe Miller, and Bohn T. McKeever all addressed the Council in support of the Central Avenue petition on parking lots, September 8, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching hereto a parking survey of the Central Avenue Busi- ness District extending from 11th Street to 16th Street between White and Iowa Streets, This re- port has been prepared by the Po- lice Traffic Department and the Engineering Department after making observations of parking habits in this area and of the available parking spaces in this area. The report is complete and self-explanatory and will be read in detaih My recommendation is that the two hour parking meters in opera- tion between 12th and 16th Streets on Central be changed to one hour meters and if the merchants in the 1300 block of Central desire to have half hour meters, they could be installed in place of the one hour meters. That the unrestricted zones on East and West 15th Street between Iowa and White be changed to a two hour time zone, Negotiations have been... com- pleted for the location of an addi- tional parking lot on Central be- tween 12th and 13th Streets be- tween the City Hall and Trenkle's. This property is described as the Middle 1/5 of Lot 448 in the Orig- inal Town of Dubuque and is owned by Josephine Schroeder. The negotiated price for purchase of this property is $35,000, and I recommend that the Council ap- prove the acquisition of this prop• erty, According to the report, it is felt that the present unused park- ing spaces on the street along with this parking facility off the street will serve the area for the imme- diate future, However, I recom- mend that this study be continued during the next year so that if conditions due to needed street and off street parking facilities need further improvement, action should be taken to acquire addi- tional off street parking north of 13th Street, Respectfully submitted, L. J. SCHILTZ, City Manager Mayor I{intzinger moved that the recommendation of the City Manager be approved, Seconded by Councilman Takos, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0. 20b•59 Preliminary approval o£ plans, specifications; form ' of contract plat and schedule and all other documents for the improvement designated as City of Dubuque 1959 Boulevard lighting project No, II Bid Section 1-Central Ave• nue from the north property line of 12th street to the south property line of 16th street-presented and read. 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, September 8, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheets No. 1 to 2 inclusive showing a schedule of the proposed valua- tions and proposed assessments for the City of Dubuque 1959 Botlevard Lighting Project No. 11 -Bid Section L Submitted September 3, 1959. If, J. Cullen, City Engineer Councilman Takos moved that the communication be received and made a matter of record. Seconded by Councilman Welu. Carried. by e; "; j;, '~+ <!s i' F.:... 404 Adjourned Regular Session, September 8, 1959 the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0.207~59 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the attached sheets No, 1 to 2 inclusive are hereby determined to be the sched- ule of proposed assessments for the City of Dubuque 1959 Boule- vard Lighting Project No. 11-Bid Section 1. Adopted this 8th day of Septem- ber, 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 Schueller moved the adoption of the resolution. Second- ed by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. {Necessity for Improvement) fESOLUTION N0. 208.59 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The assessments limits. 2. The streets to be improved, 3, The width of such improve- ment. 4, Each lot proposed tb be as- sessed together with a valuation fixed by the councih 5. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the City of Dubuque 1959 Boulevard Lighting Project No, 11, Bid Sec- tion 1-Central Avenue from the north property line of 12th Street to the south property line of 16th Street, BE TT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said 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 prop- erty 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 street funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway por= tion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 8th day of September, 1959, Approved and placed on file for final action, Approved:. CHARLES A, KINTZINGER Mayor GEORGE A, FREUND LEO N,SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT City Clerk ~` Adjourned Regular Session, September 8, 1959 405 Councilman Takos moved the ap- proval of the resolution, Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund,- Schueller, Takos, Wclu, Nays-None. (Fixing date of hearing) RE50i.UTION N0, 20959 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 2C6-59 given its preliminary approval on the pro- posed plans specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the City of Dubuque 1959 Boulevard Lighting Project No, 11 Bid Sec- tion 1-Central Avenue from the north property line of 12th street to the south property line of 16th Street and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that on the 5th day of October 1959, a public hearing will be held at 7:30 o'clock P,M, in the Coun- cil Chamber in the City of Du• buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost' of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the city of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessemnt, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 8th day of September, 1959. CHARLES A. KINTZINGEP~ Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution, Second• ed by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of League.. of Iowa Municipalities inviting the City to send delegates to the. an- nual convention of the League to be held in Des Moines on October 7th & 8th, presented and read. Councilman Freund moved that the communication be received and filed, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, Commmtication of the District of Columbia requesting support on a discharge petition asking for dis• charge of a Territorial Bill which would allow the residents of the District of Columbia home rule, presented and read. Councilman Freund moved that the communi- cation be received and filed, Sec- onded by Councilman Takos. Car• vied by the following vote: Yeas-Mayor Kintzinger Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Justin R. Hartzog expressing his deep ap• predation for being made an Hon- orary Citizen of the City, present- ed and read. Councilman Freund moved that the communication be received and filed. Seconded by 40G Adjourned Regular Session, September 8, 1959 Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Communication of American -Pub- lic Wor]~s Association advising that Cletus E, Allen has been se• le~ted to receive the Samael A. Greeley service award in recogni- tion of his long and faithful serv- ice to the City which began in 1929 and hoping ghat it will be possible for Mr, Allen to receive the re- ward in person in Seattle, Wash• ington on September 23rd, pre•, sented and read, Councilman Freund moved that the communi- cation be received and filed and that Mr. Allen and Engineer Cul- len be authorized to attend the Public Works Congress, Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Sylvan F, Jaenke submitting his resignation as a member of the Civil Service Commission, presented and read, Councilman Schueller moved that the resignation be accepted with regret and that a letter of thanks be sent to Mr, Jaenke for his ser- vices. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Fretmd, Schueller, Takos, Welu, Nays-None; Communication of American Mu- nicipal Association extending an invitation to attend the American Municipal Congress in Denver from November 29 to December 2, 1959, presented and read. Coun- cilman Freund moved that the communication be received and filed. Seconded by Councilman Ta- kos, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Communication of Dr. S, Tabak confirming the action taken by the Council in handling the Harnisch- feger incident as being in the best interest of the City, presented and read. Councilman Freund moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Communication of Dubuque Fed- eration of Labor endorsing the action taken by the Council re- garding negotiations with the Har- nischfeger Corporation, presented and read, Councilman Freund moved that the communication be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Neil Lutes submitting an offer of $25.00 and $15.00 on two lots in vacated Kep- pier Street, presented and read. Mayor Kintzinger moved that the communication be referred to the City Solicitor to have proper pro- ceedings prepared, Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Cottn• cilmen Freund, Schueller, Takos; Welu. Nays-None: Communication of Frank J. Hickey advising of parking in the alley from 15th to 16th street be• tween Iowa and Central causing an inconvenience. to garage owners; presented and read. Councilman Freund moved that the communi- cation be referred to the City Man- ager. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Councilman Welu called for a correction of the parking situz• tion in the alley between White and Central from 14th to 17th street, Cotmcilman Freund moved that the plea be referred to the City Manager. Seconded by Coun• ~. I i Adjourned Regular Session, September 8, 1959 407 cilman Welu, Carried by the fol- lowing vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of John Masuen of 397 Bradley Street, requesting vaetion of the dead•end of Dun- ning street abutting his property and eventually allowing for the purchase of the property, present- ed and read. Councilman Welu moved that the communication be referred to the Planning & Zoning Commission, Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. August 17, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching the correspon- dence between the City Manager and Mr. Menck of Harnischfeger Corporation concerning the action i of the City Council at their spec• ial meeting of August 12th, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the correspondence be received and made a matter of record. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- , cilmen Freund, Schueller, Takos, Welu, Nays-None. August 13, 1959 Mr. H. Menck, Vice President, Harnischfeger Corporation 4400 West National Avenue Milwaukee 46, Wisconsin Dear Mr. Menck: Your letter to the Mayor was discussed at length at a special City Council meeting held on Aug- ' nst 12th. The action taken by the Council is as follows and was passed by a unanimous vote of 5.0: "That despite the fact that we are most desirous of the Harnisch- feger Corporation locating in Du- buque, we do not accept the pro• posal of the Harnischfeger Corp- oration as outlined in Mr. Menck's letter of August 6, 1959, but ask further discussion with the officers of Harnischfeger either in Du- buque or Milwaukee toward the goal of locating a Harnischfeger plant in Dubuque and that the communication be received and made a matter of record." Your proposal is, in fact, com- pletely different from the original plans, both as to plant investment and employment. The original com- mitment was for a plant of approxi- mately 400,000 sq, ft. and 700 em- ployees and included a tract of 55,56 acres with a first refusal on an additional 20 acres. The Council is particularly con- cerned about reserving the large area without any commitment con- cerning additional employment or increased plant investment. They feel a personal discussion between the Council and the officials of Harnischfeger Corporation would be the most appropriate method of arriving at any final decision; pro- vided you could give them more definite information on the future plans that you have for your ex- pansion in Dubuque. I personally feel the Harnisch- feger Corporation and the City Council in the interest of good public relations, should sit down together and review your plans, After the long delay in making your decision and the City's wIll- ingness to hold this site for a two year period, I think a meeting would be in the best interest of both. Very truly yours, L. J. SCHILTZ, City Manager August 14, 1959 Mr. L. J. Schiltz, City Manager, Dubuque, Iowa Dear Mr. Schiltz: I am in receipt of your letter of August 13, 1959, advising us of the unanimous vote of the Council to not accept the Harnischfeger Corporation proposal regarding a manufacturing plant in Dubuque as outlined in my letter of August 6, 1959 to his Honor the Mayor, Charles Kintzinger, In view of the Council's unani- mous decision not to accept our proposal and the climate created by the publicity attached ~to this Special Council Meeting where our 408 Adjourned Regular Session, September 8, 1959 proposal taus turned down, we can• not carder those circumstances lo- cate our plant in Dubuque, It is of paramount importance far our Corporation to have good commun- ity and public relations in order to carry on the successful develop- ment of a manufacturing plant in any community. Taking all these facts into con- sideration it is our opinion that the City of Dubuque and the Har- nischfeger Corporation will best ~be served in their respective interests that we locate our plant elsewhere. We are appreciative of all the efforts by the various committees and officials of Dubuque and re- gret that we are unable to locate our plant in your City. Very truly yours, Harnischfeger Corporation H. Menck, Vice President in Charge of Manufacturing, Councilman Freund moved that the Harnischfeger people be re• guested to furnish a quitclaim deed to the property they- were under Agreement for an the Indus- trial Island. Seconded by Council• man Takos. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilnren Freund, Schueller, Takos, Welu, -Nays-None. August 7, 1959 To the Honorable Mayor and City Council City of Dubuque, Dubuque, Iowa Gentlemen: City Lots 151 and 152, owned by Northwestern Bell Telephone Com• pony, and City Lots 49 and 50, owned by the Bank and Insurance Corporation, were assessed on the preliminary schedule of assessment for the improvement of alley be- tween Main and Iowa Streets from the north property line of Jones Street to the south property line of 12th Street with Hat Mix-Hot Laid Asphaltic Concrete Surfacing by error. The above named prop- erty owners paved -this portion of the alley under City supervision last year, Therefore, it is requested that your Honorable Body direct the City Clerk ~to remove those lots frmn the preliminary schedule of assessment, and to notify the County Auditor's Office of the change, Respectfully submitted, L, J. SCHILTZ City Manager Councilman Welu moved that the request be approved and the Clerk so directed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. August 7, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen I am attaching herewith an Agreement to be made. a matter of record concerning the turn around at the end of Oalc Crest Drive. Mr. Reilly has deposited with the City $40.00 as a guarantee that the area in the turn around will be properly maintained for a period of ten years. If within that time the turn around is not main- tained, the City may concrete the turn around area and the $40,00 will be forfeited, In the event the ten years has expired and the area is properly maintained, the $40.00 will be refunded to Wm, J. Reilly. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Schueller moved that the agreement be received and made a matter of record. Sec- onned by Councilman Welu, Cat= ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, AGREEMENT This Agreement between Wm. J. Reilly and the City of Dubuque shall be effective for a period of ten (10) years from the date of acceptance by both parties. It is agreed that the center circle of the turn around at the Adjourned Regular Session, September 8, 1959 409 end of Oak Crest Drive will not be concreted until such a time as the undersigned fails to proper- ly maintain the area in grass ar flowers. If at any time during the ten year period the City concretes this area, the forty dollars ($40.00) deposited by Wm, J. Reilly for payment of the concrete surface shall be forfeited, If the area is properly main- tained for this period, the forty dollars ($40.00) will be refunded to Wm. J. Reilly and paid from the Street Construction Fund. Dated at Dubuque, Iowa this 5 day of August 1959, William J. Reilly CITY OF DUBUQUE, IOWA L, J, SCHILTZ City Manager August 21,-1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department and City Water Works for the month of July as well as the list of claims for which warrants were issued for the .month of July, 1959. Respectfully submitted, L. J, SCHILTZ City Manager Councilman Freund moved that the reports be received and filed. Seconded by Councilman Schuel- ler, 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 July 1959. Councilman Freund 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. August 24, 1959. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: There are two unrestricted park- ing places on the south side of First Street just east of Main. These parking spaces are taken for all day parking. This location is within the parking meter area and I recommend that the south side of West 1st Street from Iowa to Main be made a part of Section 7.3 Parking Metef District C, and that two hour parking meters be installed in the first two spaces east of Main Street on the south side. of West 1st Street. Respectfully submitted, L, J. SCHILTZ Cfty Manager Councilman Takos moved that the recommendation of the City Manager be approved and that proper proceedings be prepared, Seconded by Councilman Freund. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. August 24, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition for the installation of a street light on Jeffrey Drive south of Hillcrest Road was re- ferred to the City Manager for investigation and report. Jeffrey Drive is a new street in a subdivision that has just been developed and is now completely built up, It is recommended that a street light be installed at the intersection of Deborah Drive and Jeffrey Drive and also on Jeffrey Drive between Lots 5 and 6 of Block 2, Dirksen Subdivision. Respectfully submitted, L. J. SCHH.TZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. 410 Adjourned Regular Session, September 8, 1959 August 24, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of Robert Brestrup requesting the installation of a street light at the intersection of Broadway and Carroll Streets was referred to the City Manager for investigation and report, Upon investigation it was recom• mended that a street light be in- stalled at approximately 2630 Broadway and also that another light be installed at the intersec• tion of Monroe and Broadway: Streets, Respectfully submitted, j L, J; SCHH,TZ City Manager Councilman Schueller' 'moved that the recommendation of the City Manager be approved, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. August 24, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Clover Hills Subdivision south of Kaufmann Avenue and west of Evergreen is now fairly filled with new homes. A study has been made as to the proper location of new street lights in this area and the following recommendation is made for your approval: That street lights be installed at the intersection of Kaufmann Ave• nue-Theda Drive, Kaufmann Ave-' nue•Martin Drive, Kaufmann Ave- nue-Trygg Drive, Theda Drive- Trygg Drive, Theda Drive-Martin Drive, two lights be installed on Trygg Drive between Kaufmann and Theda Drive, two lights on Martin Drive between Kaufmann and Theda Drive and three lights south of Kaufmann Avenue on Theda Drive, All lights are to be installed according to the instruc• tions of the City Electrical In- spector and according to the at- tached plat, Respectfully submitted; L, J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. August 24, 1959 To the Honorablo Mayor and City Council Dubuque, Iowa Gentlemen: The request of the Dock Com- mission to eliminate a hazardous traffic condition at the corner of First and Terminal Streets was referred to the City Manager for investigation and report. The area adjacent to First and Terminal Street has been investi- gated by the Police Traffic De- partment and it is found that something could be done to elimi- nate the traffic hazard that now exists because of poor visibility and the narrowness of the streets. If the streets in this area were made one way it would lessen the danger of head-on collisions during a normal working week when heavy truck traffic is moving through this area. It is therefore recommended. that East 1st Street be made a one way street for eastbound traffic from its intersection with Water Street to its intersection with Terminal Street, and that Ternunal Street be made a one way street for southbound traffic from its intersection with East lst Street to its intersection with Jones Street. Respectfully submitted,' L. J, SCHILTZ City Manager Mayor Kintzinger moved that the recommendation of the City Manager be approved and that proper proceedings be prepared, Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Adjourned Regular Session, September 8, 1959 411 August 24, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of Wm, Hagerty and Allan E. Sigman requesting some consideration in the construc- tion of retaining walls as a result of the city sidewalk program was referred to the Council to view the grounds. Upon viewing the grounds, it was the decision of the Council that the City will grade the side- yards to suit the property owners, however, the City will not pay for the construction of any retaining walls, I recommend that the decision of the Council be confirmed. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Freund. Carried by the fallowing vote; Yeas-Mayor Kintzinger, Coun- cilnen .Freund, Schueller, Takos, WeIu, Nays-None. September S, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: On April 20, 1959, your Honor- able Body adopted Resolution No, 94-59 directing all owners of lots abutting on the City of Dubuque 1959 Bituminous Concrete Surfac- ing Project No. 1 to make connec- tions from sewer and water mains to the curb line of said lots prior to June 1, 1959, and further di- recting that this office proceed to have said connections made in the event any property owner shall fail to make said connections. This is to certify that the own• ors of the property listed an the attached schedule failed or re- fused to make said connections to said property by June 1, 1959; that pursuant to said resolution, Merl Goerdt and Geo, h Beaver Plumbing & Heating Company were 'contracted jointly to make said connections; that there is now due and owing to the con- tractors jointly the sum of $2,102,- 91; that the cost of making said connections chargeable to each lot is as the same appears on the attached schedule. I, therefore, recommend that the City Auditor be instructed to issue warrants drawn on the Street Road Use Tax Fund, payable to the contractors totaling $2,102.91; that the cost of such connections be assessed against said lots as set forth in the attached schedule; and that the City Clerk be author- ized and directed to certify said assessments to the County Auditor to be collected in the same manner as general property taxes in ac- cordance with Section 4 of Chap- ter 151 of the acts of the 54th General Assembly of Iowa, Respectfully submitted, L. J, SCHILTZ City Manager Councilman Welu 'moved that the recommendation of the City Manager be approved. Seconded by Councilman Takos, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Schedule of Assessments For Sewer and Water Connections on newly paved streets as per Resolution No. 94.59 adopted April 20, 1959. City of Dubuque 1959 bituminous Concrete Surfacing Project No. 1 Gerald & Bernice Havens, Lotiof2of 163 L. H. Langworthy Add ...............$714.35 Mettel Realty & Investment Co., Lot 1 of 1 of 2 of 2 of Young Primrose Place 17435 Anna J: Bollinger, Lot 2 of 1 of Mineral Lot 345 .,;... 458.30 Rupert S. & Mary N: Morey, Lot 1 of 1 of 1 ofOlds'' Place ................:............::L.259,23 Richard & Eileen Breese, Lot2oflofloflofl- of 1 of 2 of Mineral Lot 349 ........................:............. 247,43 Richard & Genevieve Hoos- er, Lot 2 of Scott Place,,,, 24925 $2,102.91 _ ~~ , I }'....: 1 , 3 ' ~ i . E i 412 Adjourned Regular Session, September 8, 1959 September 2, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen, The Health Department has called to my attention an unsani- tary condition and possible health hazard caused by effluent from septic tanks of several homes on Diane Court seeping into area storm sewers, This condition could be correct- ed by a sanitary sewer extension enabling all of the homes on Diane Court to be connected to the sanitary sewer, Because of this health hazard and the odors caused by ineffec- tive septic tanks, I recommend that the Council direct the City Engineer to prepare a plat and schedule for a sanitary sewer to service this area, Respectfully submitted, L, J, SCHHfTZ City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. September 2, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: For the past several months, a study has been made of alley park- ing in the City of Dubuque and also ordinances in effect in other cities regulating parking or un• loading of vehicles in alleys. Under our present ordinance, from Jones Street to Loras Boule• vard between Bluff and Whito Streets, parking is prohibited ex- cept when taking on or discharg- ing persons, goods or merchandise, except commercial vehicles which are licensed as such, During the past few years we have included station wagons in this category because of the wide- spread use of station wagons, Many people park these vehicles in the alleys all day long and do not use them in any way for busi- ness operations. The parking of these vehicles creates a problem far the loading and unloading of trucks delivering merchandise to various business establishments and in many cases requires the truck to park in the middle of the alley while making deliveries and thereby blocking the alley to all traffic. The parking of passenger vehi- cles in an alley is prohibited un- der any conditions and the Police Department has the policy of al- lowing afive minute interval for taking on and discharging passen- gers or goods from a private ve- hicle, It is recommended that this policy be continued. I recommend however, that parking of all commercial vehicles and station wagons for a period of longer than 20 minutes unless actually engaged in loading and unloading operations be prohibited in those alleys now scheduled in Schedule 7 of Ordinance No, 33- 49. I have held a meeting with the Retail Merchants Bureau and rep- resentatives of several trucking firms to try to work out some con- trol of alley parking that would be to the benefit of everyone. The trucling concerns making deliv- eries to the various retail outlets are going to try to work out some method to correct the delay in loading and unloading of vehicles which should help relieve some of the congestion in the alleys, Respectfully submitted, ' L, J, SCHILTZ City Manager Mayor Kintzinger moved that the recommendation of .the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. September 8, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; This is to advise that I have ap• proved the following bonds and policies and desire to have your ap- Adjourned Regular Session, September 8, 1959 413 proval on same for filing, subject to the approval of the City Solici• tor: EXCAVATION Louis Buechel, 2230 Central Ave- nue, Policy No, CGL•215129, U,S. Fidelity and Guaranty Co. BLASTING William J. Byrne, American Sure• ty Company of N.Y. SIDEWALK Charles Hamblin, American Sure- ty Company of N.Y. Merlin Goerdt, American Surety Company of N.Y, Clarence R. Splinter, Hawkeye Se- curity Insurance Co. Ed Kirchberg, American Casualty Company Richard Magnall, Fireman's Fund Insurance Co. Arthur A, Hartmann, d/b/a Hart• mann Construction Company, Columbia Casualty Company, HEATING Home Heating Company, Western Surety Company George h Beaves, Continental Cas- ualty Company Bradley Heating Service, Western Surety Company, Joseph M, Powors, American Sure- ty Company of N.Y, Sydney Datisman, Western Surety Company Montgomery Ward & Co., Inc., In- demnity Insurance Company of N.A. Burkart Fuel Company, American Surety Company of N.Y. John J. Fransen, Western Surety Company Respectfully submitted, L, J, SCHILTZ City Manager Councilman Welu moved that filing of the bonds and policies be approved subject to the approve al of the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu.' Nays-None, September 8, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Some months ago the City Coun• cil authorized the construction of a parking lot across from the Pub- lic Library on Bluff Street. I have had tests made to determine the depth of rock in this area and find that we could construct a parking lot to accommodate 24 vehicles. The cost of imprawing this lot will amount to $3,045,00 for grad- ing ahd $1,750.00 for surfacing. I recommend that the City Man- ager be authorized to proceed with the grading and surfacing of this parking lot and at a Pater date, the City Council determine whether meters will be installed on this lot and if so, the length of time parking is to be allowed on this lat. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Freund moved that the recommendation of 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. Notice of claim of Roger 0. Ja'pe's of 725 W, 17th Street in the amount of $25.00 for car dam- age as the result of striking a hole in the street in front of 75 W. 17th Street an August 21, 1959, presented and read. Council- man Schueller moved that the claim be referred to the City S~- licitar for investigation and re- port. Seconded by Councilman Welu, Carried. by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund; Schueller, Takos, Welu, Nays-None. Notice of claim of Mrs. James Jones Sr, of 714 Davis Avenue, in the amount of $30.00 for ear damage as the result of striking a hole in the street in front of "r5 W. 17th Street on August 21, 1959, presented and read, Councilman Schueller moved that. the claim be referred to the City Solicitor for investigation and re- port. Seconded by Couhcilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ~. ~•. I 414 Adjourned Regular Session, September 8, 1959 Notice of claim of Norbert J. & Eloise G, Koppes, as parents of David Koppes a minor, for per- sa'nal injuries received by David Koppes in the amount of $1000.00, as the result of their son stepping in hot tar during the repair of Washington Street near 20th, on July 30, 1959, presented and read, Councilman Schueller moved that the claim be referred to the City Solicitor for investigation and re- port, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- ciI'men Freund, Schueller, Takos, Welu, Nays-None, Notice of claim of Mrs, Martha R. White, in the amount cf $51,50, for car dalnage incurred as the result of striking a manhole cover on August 14, 1959, at Seventh and Hill Streets, presented and read. Councilman Schueller moved that the. claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Notice of claim of E, J. Rhom- berg, in the amount of $32,60, for car damage incurred as the result of striking pan unlighted barricade at a water stop box at the intersection of Bryant and Cleveland, on September 1, 1959, presented and read. Councilman Schueller moved that the claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Welu. Carl•ied by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. August 20, 1959 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Pursuant to your directions, I have investigated the claim of Mrs, Josephine Tegeler, 1088 Main Street, and find that she fell; as alleged, on Nlarch 9, 1959 on the sidewalk near the intersection of East Fifteentkl Street and Main Street, sustaining a fracture of the right wrist. As a result of her injury Mrs. Tegeler incurred substantial medi- cal exponses and was unable to perform her duties as a second cook,for a period of seven weeks, which represents a loss of wages in excess of $300. I have discussed this claim with Mrs, Tegeler and she has agreed to accept $300 in full settlement; I recommend that this claim be allowed in the sum of $300 and the Auditor instructed to is- sue a warrant payable to Jose- phine Tegeler in the sum of $300 and deliver the same to her upon receipt of a properly executed release; Respectfully submitted, T. H, NELSON Mayor Kintzinger moved that the recommendation of the City Solicitor be approved, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu: Nays-None, Proof of Publication, certified t0 by the Publisher, of Official Notice of a public hearing on Ordinance No'. 42-59, an Ordinance amending Ordinance No, 3.34, known as the Zolaing Ordinance of the City of Dubuque, by re- pealing Section "d" of Article IX thereof and enacting a substitute in lieu thereof, presented and read. No written objections were filed. and no oral objectors were present in the Council Chamber at the time set for the public hearing, Councilman Freund moved that the proof of publication be re- ceived and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- rilmeh Freund, Schueller, Takos, Welu. Nays-None. ORDeNANCE MO. 4259. An Ordinance Amending Ordi- nance No. 3-34, Known as the Zoning Ordinance of the City of Adjourned Regular Session, September $, 1959 415 Dubuque, by Repealing Section "d" of Article IX thereof and Enacting a Substitute therefor, said Ordinance having been passed on first reading on July 20, 1959 and placed on file for public inspection pending public hearing, presented for Final Adoption. ORDINANCE N0. 42.59 An Ordinance Amending Ordinance No. 3.34, Known as the Yoning Ordi- nance of the City of Dubuque, by Repealing Section "d" of Article IX 4hereof and Enacting a Substi- tute therefor. BE IT ORDAINED BY THE CITY COUNCIL OF THE .CITY OF DU- BUQUE: Sectioh 1. That Section "d" of Article IX of Ordinance No, 3.34, known as the Zoning Ordinance of the City of Dubuque, be and the same is hereby repealed and the following enacted in heu thereof, "ARTICLE IX d, Filling Stations or Public Garage, No filling station or public garage Shan hereafter be erected, and no existing bidlding shall hereafter be used or remodeled for use as a filling station or public garage in zones wherein such structures are permitted herein, within 200 feet of any lot upon which is located a church, hos- pital, school or similar institution, nor shall such station or garage, in any case, be located within 50 Feet of any boundary line of any "Residence Dis- trict", Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as by law provided. Introduced the 20th day of July, 195x. Rule requiring reading on three separate days suspended by unanimous vote the 20th day of July, 1959. Passed by recorded roll call vote, adopted and approved this 8th day of September, 1959. ' CHARLES A. KINTZRIGER, ~. Mayor LEO N. SCHUELLER CLARENCC P. WELU PETER J. TAKOS Councilmen, Attest: LEO F, FROMMELT, city clerk. Published officially in The Tele- graph-Herald newspaper this 11th day of September 1959. LEO F. FROMMELT, lt, 9/11 City Clerk. Councilman Freund moved the Final Adoption of the Ordinance, Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, .Schueller, Takos, Welu. Nays-None. August 7, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The 58th General Assembly passed legislation legalizing the use of "Yield signs" at intersec- tions, The use of these signs are governed by regulations set out by the Highway Commission set- ting certain warrants that would justify their use, In order that we may take ad• vantage of this legislation, it is necessary that our Traffic Ordi- nance be revised to provide for their use. I recommend that the City At- torney be authorized to write such an ordinance for your approval and that the following intersec- tions be designated as "yield in- tersections". EAST AND WESTBOUND North Grandview and Rosedale (west intersection) NORTHBOUND Kerper and Hawthorne St. Ambrose and Clarke Drive Kirkwood and West Locust Rosedale and West Locust Rockdale Road and the west ramp of Kerrigan Road SOUTHBOUND Windsor Avenue and Burden Avenue Bryant Street and South Grand- view Avenue Kane Street and Kaufmann Avenue Clarke Drive and West Locust St. Ambrose Street and Asbury EASTBOUND Hillcrest and Asbury Wilbricht Lane and Asbury ~JESTBOUND Shiras and Kerper Boulevard Cleveland Avenue and Bryant Street Rush Street and Bryant Street Rosedale and Asbury Rosedale and North Grandview Avenue It is our intention to carry out an informative program to alert the drivers as to the meaning of these signs and how- they are beneficial in the movement of traffic on our streets. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved, Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays None. ~- i ~! j' ~: 4I6 Adjourned Regular Session, September 8, 1959 August 24, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Iowa Lgeislature has au- thorized the installation of "Yield Signs" that could replace stop signs at various locations. The Traffic Department has made a study of some locations and rec- ommend that "Yield Signs" be in- stalled. I recommend that the attached Ordinance which authorizes the installation of "Yield Signs" be approved by the City Council so that the signs can be installed at the intersections recommended. Respectfully submitted, L, J. SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, WeIU. Nays-None. ORDINANCE N0, 45.59 Ail Ordinance Amending Ordi- Hance No. 33-49, known as the Traffic Code of the City of Du- buque, by providing far the es- tablishment of "yield intersec- "tions"; designating certain inter- sections as "yield" intersections; repealing Section 12.3 thereof and enacting a substitute therefor; and repealing Section D•3 of Schedule III, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Welu, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- rilmen Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE No. 46.58 d Hance Notn 33C49, Aknotian gas0 thre!i Traffic Code of the City of Du- buque, by providing for the es- tablishment of "yield intersec- tions"; designating certain intar- sectiona as "yield" intersections;. repealing Section 12.3 thereof and enacting a substitute therefor; and Repealing Section D-3 of Schedule III. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1, That Ordinance No. 33-19, known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by adding new sections 12.9 and 12,10 and a new Schedule X thereto, as follows; "12,9 The driver of a vehicle ap- proaching a yield sign at a yield" intersection shall slow down to a speed rea- sonable for the existing conditions or shall stop, if necessary, and shall yield the right oP way to any pedestrian legally crossing the roadway and to any vehicle in the intersection or approaching so closely as to constitute a hazard. Said driver having so yield- ed may proceed with cau- tion, Those intersections described in Schedule X of this Ordinance are hereby' aeclared "yield intersec- tiona" for ail thn purposes of this Ordinance; 12,10 Yield signs shall be ereoted at the specified entrances to the yield intersections designated in Schedule X and shall be located as near as practioa1 at the property lhre oP the highway at the entrance at which the yield must be made, or at the nearest line of the m'osswalk thereat, or, if none, at the nearest line of the road- way." "SCHEDULE X "In accordance with Section 12.9 the following are designated "yield intersections" and: when yield signs are orected, drivers oP ve- hicles shall yield the right of Ivay before entering said intersections from the direction indicated: A. Q'orthbound vehicles m u s t yield before entering the in- tersections of: 1, Kerper B o u l ev a n d and Hawthorne Street; 2. St, Ambrose Street a n d Clarke Drive; 3. Kirkwood and west Locust Streets; 4. Rosedale and west Locust Streets; 5. Roclcda]e Road and the west ramp of Kerrigan Road; B. Southbound vehicles m u s t yield before entering the in- tersections of: 1. Bryant Street and S o u t h Grandviee' Ave„ 2. Kane Street and Kaufmann Avenue; 3. Clarke Drive and {jrest Lo- cust Street; 4, St. Ambrose Street and As- bury C. Eastbound vehicles must yield before entering the intersec- tions of: 1, Hillcrest and Asbury; 2, Wilbricht Lane and As- bury; ~. i Adjourned Regular Session, September 8, 1959 417 3. North Grandview Avenue and Rosedale West Inter- section; D. Westbound vehicles must yield before entering the intersec- lions of: 1, Shiras Avenue and Eerper Boulevard; 2, Cleveland Avenue and Bry- ant Street; 3. Rush Street and Bryant Street; 4. Rosedale and Asbury; 5. Rosedale and North Grand view Avenue; );. Westbound vehicles on Rose- dale must yield before enter- ing the east intersection with North Grandview Avenue." Section 2. That Section D-3 of Schedule III of Ordinance No. 33-49 be and the same is hereby repeal- ed; Section 3. That Section 12.3 of Ordinance No. 33-49, lrnown as the Traffic Code of the City of Dubuque, be and the same is here- by repealed and the following en- acted in lieu thereof: "1Z.3 Except where yield signs are erected, the driver of a vehicle shall atop as re- quired by this ordinance at the entrance to a through street and shall yield the right of way to other ve- hicles which have entered the intersection from said through street or which are approaching so closely on said through street as to constitute a hazard, but said driver having so yielded may proceed cautiously and with due care enter s a i d through street. Those streets and parts of streets described in Schell ule II attached hereto which are hereby made a part of this Ordinance by this ref- erence are hereby declared to be through streets for all purposes of this Ordi- nance." Section 4. This Ordinance shall be in fill] foroe and effect from and after its final passage, adoption and publication as by law provid- ed. inh•oduced the 8th day of Sep- tember, 1969. Rule requiring reading on three separate days suspended by unan- imous vote the 8th day of Sep- tember, 1959. Passed by recorded roll call vote, adopted and approved this 8th clay of September, 1.969. ~~- Charles A. I{intzinger Mayor George A. Freund I,eo N. Schueller Clarence P. Welu Peter J. Takos Councilmen Attest: Leo P. Frommelt City Clerlt Published officially in The Tele- graph-Herald newspaper this 14th day of September, 1969, Leo F. Frommelt City Clerk lt. 9-14 Councilman Freund moved the adoption of the Ordinance. Second- ed by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. September 3, 1959 The Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: We are attaching herewith a proposed revision of our Residen- tial Rate No. 160. The purpose of this rate is to provide reduced rates for residential customers us- ing over 600 kilowatt hours per month. It is anticipated that this rate change will develop electric space heating use in the City of Dubuque; however, this rate is not restricted to electric space heating but is applicable to all residential customers. In no case will this result in an increase to any custo- mer but will result in some slight reduction for customers now using current in excess of 600 kilowatt hours per month. To expedite this matter, we have prepared and are attaching here• with a proposed Ordinance amend• ing Ordinance No. 8.58 by repeal• ing Schedule I of Section 1 thereof and the. proposed substitute there• for. Yours truly, C. F, Sonnenberg District Manager Councilman Welu moved that the publication be received and filed. Seconded by Councilman Takos. Carried by the. following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE N0. 4fr59 An Ordinance amending Ordin- ance No. 8.58 by repealing Sched- ule I of Section 1 thereof and en• acting a substitute therefor, 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 Council- I I i i fit 41$:`_ 'Adjourned Regular Session, September 8, 1959 man Schueller. Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, ORDINANCE N0. 46.59 An Ordinance amending Ordinance No, 8.58 by repealing. Schedule I. of Section 1 thereof and enacting a substitute therefor. Be it ordained by the City. Coun- cil of the City of Dubuque: Section 1, That Schedule. I of Section 1 of Ordinance No. 8.58 be and the same is hereby repeal- - ed .and the following enacted in lieu thereof: SCHEDULE I Residential Service Company Rate No, 160 Availability: Available for 120/240 volt, single phase, alternating current service taken through one meter to an in- dividual customer residing in a single occupancy residence or .apartment for full domestio use, inclnding small motprs with in- dividual rated capacities not in ex- cess of five horsepower (5 H,P.), and including non time-controlled water heaters of no more than 5 KW connected load (allows two 5 KW elements with interlock), provined, however, that off-peak controlled service for water heat- ing will be talten through a sep- orate meter under the availability provisions therefor. This rate is not available to the public areas of apartment buildings, or for rooming houses where in excess of four (4) rooms are held for rental. Electric space heating facilities may be served hereunder, however it is recommended that all instal- lations be made in accordance with the specifications reoom- mended by the "Upper Mid-West Electric House Heating Commit- tee" of the North Central Electric League. MONTHLY RATE: First 16 Kwh or less P9r $1.OD Next 34 Kwh @ 4.1c per Kwh; nob Next 50 I{wh @ 3 2c per Kwh, not Next IOD Kwh @ 2.7e per %wh, net Next 400 Kwh @ 2.5c per Kwh, net *Excess Kwh @ 2.2c per Kwh, net 'T'hen customer's demand is metered, all Kwh in excess of 100 I{wh per I{W of demand will be billed at 1.7c per Kwh, Minimum Monthly. Bill; $1,00 Billing Demand-the highest 15- minute Integrated demand or, at the Company's option, the. highest demand registered on a thermal type meter, disregarding in either case all fractional. KW readings. Fuel Adjustment; The rate for electrical energy stated herein is based upon the cosh of fuel'. used in Company's steam electric generating stations in Iowa and Minnesota being twenty-seven cents ($.27) per mil- lion BTU, There shall be added to or deducted from the gross and net bills computed on the applicable rate schedule, eighty-five thou- sandths mill ($.0000$6) per kilo- watthour for each whole one-half cent ($.005) per million BTU by which the cost of fuel is more or less, respectively, than twenty- seven cents ($.27) per minion BTU. The cost of fuel shall be the coat of the fuel delivered to the gener- sting stations, plus all operating costs for unloading, handling, stor- age, testing, eta, and regular rou- tine maintenance oP uoai handling equipment at the Company's gen- erating stations in Iowa and Minnesota. Computation of fuel costs shall be made in June and December of each year based on the cost of fuel for the preceding six months. Such fuel cost ad- justment, if any, shall then be ap- plicable to all billing for the six- manth period beginning in July and January respectively. Prompt Payment; Customers' monthly bills shall be computed at the net rate and there will be added to the total net bill a sum equal to ten per cent (10%) thereof, which will be collected from the customers who fail to pay the net bill within ten (10) days from and after the date of the bill. Section 2. That this Ordinance shall he in full-force and effect at 1:00 A. M on October 1, 1959 after its passage and publication as pro- vided by la,w. Passed, adopted and approved this 8th day of September, 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 14th day of September 1959, LEO F. FROMMELT, it. 9-14. 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. Petition of Engineered Products Inc, requesting permission to con- struct aloading dock and platform between the main line of the C. M. St. P, & P, R, R, right of way and City Lot 745, presented and read, Mayor Kintzinger moved that the petition be received and filed, Sec- onded by Councilman Takos. Car- ried by the follow%ng vote: Yeas-Mayor Kintzinger, Coun- cilmen. Freund, Schueller, Takos, Welu. Nays-None, September 8, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Engineered Products, Inc; has stated construction of a dock be• tween the Chicago, Milwaukee, St. Paul and Pacific Railroad right of ~ , .~ Adjourned Regular Session, September 8, 1959 419 way and City Lot 745 on Front Street. The location of the dock must have approval of the City Council before it may be completed because it is on an unused portion of a street, I recommend the approval of this regdest as all parties concerned have agreed to its location and use, It will benefit the business firm using it and relieve the storage of merchandise on the sidewalk on Iowa Street, Respectfully submitted, L. J. SCHH,TZ, City Manager Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. ORDINANCE N0. 47.59 An Ordinance Authorizing En• gineered Products Inc., to Con- struct aLoading Dock and Plat• form in Front Street between Sec- ond and Third Streets in the City of Dubuque, 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. 97-69 An Ordinance Authorizing En- gineered Products, Inc., to Con- struct aLoading Dock and Plat- form in Front Street between Second and Third Streets in the City of Dubuque. 13E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, as follows; Section 1. That Engineered Prod- ucts, Inc., of Dubuque, Iowa, be and it is hereby authorized and granted the right and authority to oonstruct and maintain a loading dock and. platform in Front Street between Second and Third Streets, under the terms and conditions set forth in this Ordinance; Section 2. That such construction shall be done in accordance with plans approved by the City Man- ager and under the supervision and direction of the City Manager and in accordance with all applic- able State and Federal Laws and the regulations and ordinances of the City of Dubuque, Iowa; Section 3. That the permission herein granted is expressly con- ditioned upon permittee's agree- ment to: a. Assume any and all liability for damages to persons or property resulting from the conetruoti'on and maintenance of said loading dock and platform; h. To pay, on behalf of the City of Dubuque all sums whioh the City of Dubuque shall be- come obligated to pay by rea- son of the liability imposed upon the City of Dubuque for damages of any hind resulting from the construction or maintenance of said loading dock and platform, sustained by any person or persons, caused by accident, or other- wise; to defend at its own expense and on behalf of said City any claim against the City of Dubuque arising out of the construction or main- tenance of said loading dock and platform; Section 4. That the permission Herein granted is expressly con- ditioned upon permittee's further agreement that should the right and privileges herein granted be rescinded or revoked by the City Council, permittee, or its succea- sora in interest, as owners of the abutting property, shall, within thirty (30) days after receipt of written notice from the City Man- ager, so to do, at its own expense, remove said loading doclt and platform, and in the event of its failure so to do the City of Du- buque shall be authcrized to re- move said loading dock and plat- form at permittee's expense and dispose of the same, and permit- tee shall have no claim against the City, or its agents for dam- ages resulting from the removal of said loading dock and platform; Section 5. This Ordinance shall become effective and the rights hereunder accrue to Engineered Products, Inc., when this Ordin- ance has been adopted by the City Council and the terms and condi- tions hereof accepted by permittee and the abutting property owners by acceptance endorsed on this Ordinance. Passed, adopted and. approved this 8th day of September, 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 N0. 4?-69 The undersigned, Engineered Products, Ina, having read the terms and conditions of the fore- _.~ 420 Adjourned Regular Session, September 8, -1959 going Ordinance No. 47-59 and being familiar with the contents thereof, hereby accepts the same and agrees to perform the condl- tions required therein, ENGINEERED PRODUCTS, INC., By Harold J. Heller ACCEPTANCE OF ORDINANCE N0. 47-69 The undersigned, having read and being familiar with the terms and conditions of Ordinance No. 47-59 hereby, for 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: October 13,. 1959. SAM BARVIN REBECCA BARVIN ACCEPTANCE OF ORDINANCE N0, 4759 Walter R. Brown, Trustee under the Eunice F. Brown Trust, being familiar with the terms and condi- tions of Ordinance No, 47.59 hereby consents to the terms thereof. Walter R. Brown, Trustee under the Eunice F. Brown Trust. Published officially in the Tele- graph-Herald Newspaper thls 16th day of October 1959. LEO F. FROMMELT City Clerk lt. 19-1s 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, August 4, 1959 'Lo the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Ordinance 62-57 passed by the City Council in March of 1956 lim- ited the access to U, S, Highway 20, 52, 151 and 61 along Dodge Street and South Locust Street. Upon completion of the construction of work by the Highway Commission, a list of entrances and driveways was to be submitted to the City that would be supplemental to this Ordinance. I am attaching a copy of the list of these driveways that are now in existence to be made a mat- ter of record, Respectfully submitted, L. J. SCHILTZ City Manager Councilman Freund moved that the list of driveways be accepted and made a matter of record, See• onded by Councilman Welu. Cal•- Adjourned Regular Session, September 8, 1959 421 ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of George Saggran re- questing permission to construct an 8" sanitary sewer and 6" water main in Grandview Avenue from the existing sewer in Kaufmann Avenue northerly to Lot No. 3 of Block 5 of Marycrest Subdivision, presented and read. Councilman Welu moved that the petition be granted subject to prop- er inspection by the Engineering Department. Seconded by Council- man Freund, Carried by the fol• lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE N0. 44.59 An Ordinance Granting George Saffron the Right to Construct a Sanitary Sewer and Water Main in North Grandview Avenue from Kane Street to Kaufmann Avenue and providing the Terms and Con- ditions Thereof, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor I{intzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None, Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun• Gilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None, ORDINANCE N0. 49-69 An ORDINANCE Granting George Saffrau the right to Con- struct aSanitary Sewer and Wa• ter Main in North Grandview Ave- nue from Kane Street to Kauf- mann Avenue and Providing the Terms and Conditions thereof: BE [T ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBTJQUE, IOWA: SECTION 1. That George Saffron be and he is hereby granted the right to con- struct an eight inch (S") sani- tary sewer in North Grandview Avenue from the existing eanitary server in Kaufmann Avenue north- erly in North Grandview Avenue to Lot No. 3 of Block 5 of Mary- crest Subdivision; and a six inch (6") water main from the existing water main in Kane Street south- erly in North Grandview Avenue to Lot ATO. 6 of Block 5 of Mary- crest Subdivision, upon the follow- ing terms and conditions; (A) That the grantee agrees to. construct said sewer and water main within one year from the date of adoption of this ordinance and pay the entire cost thereof in- cluding the cost of inspection, pnb- ]ication and restoration of the surface of the street. (B) That said sewer and water main shall be consh•ucted in ac- cordance with plans approved by Qie State Department of Health and the City Manager and under the supervision and direction of the City Manager and City Engi- Weer (C) That the grantee shall en- ter into a contract for the con- struction of said sewer and water main with a well qualified con- tractor which contract, among other things, will contain a clause requiring the contractor to obtain al] necessary permits required by Che City of Dubuque, or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said sewer and water main in good repair for a period of not less than two years from the date of acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City oP Dubuque named as one of the obligees, guar- anteeing the faithful performance of said contract. (D) That upon completion 'of said sewer and water main, and the acceptance of the same by the Cit3' Council, said aeiver and water main shall become a uublic sewer and water main under the exclusive charge and control' of the City of Dubuque, and its. free use as such shall not be inter- Ferred with by grantee or his suc- cessors or assigns. SECTION 2. After said sewer has been com- pleted and the total cost thereof has been paid by grantee, the grantee herein shall file with the City' Council a certified statement, showing in detaii, all amounts paid out by him in connection with the construction of said: sew- , er including engineering fees and the cost of restoring the surface of the street: Thereafter, any per- son or persona desiring to connect... `with said sewer except the gran-' tee herein, shall first apply to the City P?onager for permission to so do and such permission shall be granted upon condition that, the applicant pay to the City Treas- urer, for the account of the gran- tee herein, a connection charge in an amount which will be fix- ed by Resolution of the City Council at the time: of the accept- ance of said sewer. However, such connection charge shall not be ex- acted for any extension of said sewer made by the City of Du- buque or its permitteea. ried by the following vote: Yeas-Mayor .Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ORDINANCE N0. 48.59 An Ordinance Regulating Drive• ways and Entrances to South Lo• Gust Street and Kerrigan Road, 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, Welts. 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 No, x8.59 An Ordinance Regulating Drive.. ways and Entrances to South Locust Street and Korrigan Road. Whereas, by Resolutions adopted March 5, 1956 and March 4, 1867, in connection with the construction- of Kerrigan Road and the im- irnvement of South Locust Street, the City Council has agreed that uI>on the receipt from the Highway. Commission of a list of drive- ways and entrances provided for access under said improvements,' the list would be recorded under a supplemental ordinance; and Whereas the City Manager has submitted to the City Council the list of driveways and entrances re- ferred to in said Resolutions; NOW THEREFORE, BE IT OR- DAINEll BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE that the City Clerk be and he is hereby authorized and directed to :record said list in the records of his office. Passed, adopted and approved this Sth day of September, A. D. 1959. CHARLES A, KINTZINGER, Mayor GEORGE A. FREUND - LEON SCHUELLER CLARENCE P, WELU , PETER J. TAKOS, Councilmen,. Attest: LEO F. FROMMELT, City Clerk. .Published officially in The Tele- graph-Herald newspaper this 14th day of September 1959. hEO F, FROMMELT, lt. 9-19 City Clerk, Councilman Freund moved the adoptions of the Ordinance. Second- 422 Adjourned Regular Session, September 8, 1959 SECTION 3 That the authority granted here- in shall terminate October 8, 1969, unless the terms and conditions of this Ordinance are accepted in writing by the grantee prior to that date, SECTION 4. This Ordinance shall be in full force and effect from and after its final passage, adoption and publication as provided by law. PASSED, ADOPTED AND AP- PROVL'D this 8th day of Septem- ber 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 Tele- graph Herald newspaper this 14th day of September 1959. Leo F, Frommelt City Clerk it 9-14 _ ACCEPTANCE OF OR-TNANCE NO. 49-59 George A. Saffron, having full knowledge and understanding of the terma and conditions of Or- dinance No. 49-59 hereby accepts the same as passed and agrees to comply with the terms and con- ditions thereof. Adopted this 10th day of Sept- ember 1959. /s/ George Saffron 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 Mrs. Helen Francois, requesting a refund of $50.00 on the unexpired portion of Class B beer permit No, 113, as she has discontinued business on July 14, 1959, presented and read, Mayor Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant, pay- able to Mrs, Helen Francois, in the amount of $50.00, to cover the amount due on the unexpired portion of Class B beer permit No, 113. Seconded by Councilman Takos. Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Mrs, Helen Francois, requesting a refund of $75,00 on the unexpired pol'tion of cigarette license No. 65, as she has dis- continued business on July 14, 1959, presented and read. Mayor Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant, pay- able to Mrs. Helen Francois, in the amount of $75.00, to cover the amount due on the unexpired por- tion of cigarette license No. 65. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of Robert J, Fury, re- questing arefund of $75,00 on the unexpired portion of cigarette license No, 270, as he has dis- continued business on August 3, 1959, presented and read. Mayor Kintzinger moved that' the refund be granted and the Auditor in- structed to draw a warrant, pay- able to Robert J. Fury, in the amount of $75.00, to cover the amount due on the unexpired por- tion of cigarette license No. 270. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of Robert J. Fury, re' questing a refund of $100.00 on the unexpired portion of Class B beer permit No, 11, as he has discontinued business on August 3, 1959, presented and read'. Mayor 1{intzinger moved that the refund be granted and the Audi- tor instructed tq draw a warrant; payable to Robert J. Fury, in the amount of $100.00, to cover the amount due on the unexpired portion of Class B beer permit No. 11. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, Petition of Harold F. Manhart, requesting a refund of $50.00, on the unexpired portion of Class B beer permit No. 133, as he has discontinued business on August 22, 1959, presented and read. Mayor Kintzinger moved that the refund be granted and the Audi- tor instructed to draw a warrant i Adjourned Regular Session, September 8, 1959 423 payable to Harold F. Manhart, in the amount of $50.00, to cover the amount due on the unexpired portion of Class B beer permit No, 133, Seconded by Councilman Takos, Carried by the fallowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Petition of Harold F. Manhart requesting a refund of $75,00, on the unexpired portion of cigarette license No. 226, as he has diseon- ; timed business an August 22, 1959, presented and read. Mayor Kintzinger moved that the refund I~ be granted and the Auditor in- structed to draw a warrant pay- able to Harold F. Manhart, in the amount of $75,00, to cover the amount due on the unexpired portion of cigarette license No. 226; Seconded by Councilman Ta- ' kos. Carried by the following '' vote: Yeas-Mayor Kintzinger, Coun-' Gilman Freund, Schueller, Takos, ' Welu. Nays-None, Petition of Louis Buechel re- '. questing a renewal of his excava-', tion permit, presented and read, '. Councilman Schueller moved that' the request be granted, Seconded', by Councilman Takos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. ' Petition of Wm, J, Byrne and Francis Kelly requesting rezoning of certain lots in Mineral Lot 67 and also lots in Thomas E, Byrne's Subdivision from two family dis-'. tract classification to multiple resi- dence district classification, pre-' sented and read. Councilman Freund moved that'. the petition be referred to the' Planning & Zoning Commission. '' Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Navy Mothers Club requesting permission to sell navy day tags on Saturday, October 24th; presented and read. Council- I man Welu moved that the peti- tion be granted providing there are no conflicting dates, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Jesse Birch et al re- questing the installation of street lights on Kelly Lane from the 700 block to and including the 1220 block, presented and read. Coun- cilman Freund moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report, Sec- onded by Councilman Welu. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Communication of Dubuque Safety Council favoring the utili- zation of the park adjacent to Brammers Super-Valu market for a parking lot, presented and read. Councilman Takos moved that the communication be referred to the Planning & Zoning Commission. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Ralph E. Lytle et al objecting to the proposed rezon- ing of the park on Forest Lane and Delhi streets for commercial purposes, presented and read. Councilman Takos moved that the petition be referred to the Plan- ning & Zoning Commission. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Petition of Roy Brammer et al maintaining no serious objection of allowing Brammer's Super-Valu to use the park on Delhi and Forrest Lane for a parking area, presented and read, Councilman Takos moved that the petition be referred to the Planning & Zon- ing Commission. Seconded by 424 Adjourned Regular Session, September 8, 1959 Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of Ray Krieg et al stat- ing that it would be of great bene- fit to the westerly end of the City if Brammer's Super-Nola would maintain and develop a parking area near their stare, pre- sented and read. Councilman Ta- kos moved that the petition be referred to the Planning & Zom ing Commission, Seconded by Councilman Welu, Carried by the following vote: .Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of George Sebald et al requesting that parking be re• stricted to one side only on Clarke Drive from the intersection of Heeb Street to the intersection of North Main Street, presented and read. Councilman Welu moved that the petition be re- ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund; Schueller, Takos, Welu, Nays-None, Petition of Charles Frost et al requesting the installation of a street light on Theda Drive, pre- sented and read. Councilman Welu 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. Petitimr of Holy Ghost Church requesting vacation of a portion of Primrose Street, presently not open, extending from Davenport Sheet east to Lot 2 of Lot 9 of G, R. West's Dubuque, north to M. L, No, 354 and south to Mc- Daniels Park Hill Subdivision, presented and read. Councilman Schueller moved that the petition be referred to the Planning & Zoning Camnrission. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Petition of William P. Paley et al requesting that trucks be stopped from traversing S o u t h Grandview Avenue from Dodge Street to the intersection of Ker• rigan Road, presented and read. Mrs. Carl G. Fuhrman, James J. Ahern, Dr, Painter, Ferd Wunder all addressed the Council relative to the terrific traffic on Grand- view stating that the street has become a by-pass between Kerri- gan Road and Highway No, 20. Mrs, Fuhrman stated that between four and five thousand trucks and cars traverse Grandview every day, and it is ruining the area as a strictly residential district, for which it was developed, Mayor Kintzinger moved that the City Solicitor be instructed to draw up a proposed Ordinance based on weights, excepting buses and vehi- cles making local deliveries and explore the possibility of posting signs along the route. Seconded by Councilman Freund, 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 Pendency of Resolution of Neces- sity for Public Improvements and hearing upon proposed plans and specifications, form of contract and cost of improvements far pas- sage for the construction of an 8" sanitary sewer in T h o m a s Place from the existing manhole in Thomas Place opposite Lot No. 1 of 48 of Dreibilbies Addition northeasterly in Thomas Place to the east 109'~a' of Lot 1 of 1 of M. L. 470, presented and read. No written objections were filed and no objectors were pres- ent in the Council Chamber at the time set for the public hear- ing, Mayor Kintzinger moved that the proof of publication be re• ceived and filed, Seconded by Adjourned Regular Session, September 8, 1959 425 Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None. Decision of, Council upon abjec• tions to plans, specifications, form of santract and cost of improve• meats. RESOLUTION N0. 210.59 WHEREAS, proposed plans and specifications and form of contract for the construction of an eight inch (8") sanitary sewer in Thomas Place from the existing manhole in Thomas Place opposite Lot No. 1 of 48 Dreibilbies Addition north• easterly in Thomas Place to the East 109'h' of Lot 1 of 1 of Mineral Lot 470 have been approved by the City Council of the City of Du- buque and public. notice given as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and. place fixed for the hearing of all objections to said plans, specifi- cations or contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 8th day of September, 1959; and WHEREAS, the City Council met in regular adjourned session this 8th day of September, 1959, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the prrrpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifica• tiens or contract for or cast 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 con- sidered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spec- ifications, contract far or cost of said improvement herein described ahd proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of cost of said improvement be made a matter of permanent record in connection with said im- provement. manent record in connection with said improvement. Passed, adopted and approved this 8th day of September, 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND LEO N.SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• oilmen Freund, Schueller, Takos, Welu. Nays-None, (Necessity for Imprivement) RESOLUTION N0. 199.59 WHEREAS, proposed p 1 a n s, specifications, farm of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the fallowing: 1. The streets to be improved. 2. The size and kind.of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council, 4, An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5, In each case the, amount there- of which is estimated to be as- sessed against each lot, for the construction of an eight inch (8") sanitary sewer in Thomas Place from the' existing manhole in p f ~~ ~~M ii k 3 ; ~ ~~ t Id r 426 Adjourned Regular Session, September 8, 1959 Thomas Place opposite Lot No. 1 of 48 of Dreibilbies Addition north- easterly in Thomas Place to the East 109'~S' of Lot 1 of 1 of Mineral Lot 470. BE IT THEREFORE RESOLVED that the.. City Council upon petition of property owners, deems is ad- visable and necessary for the pub- lic welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this pro• posed resolution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to, 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 Engineer which have been approv ed by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all privately own- ed property lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Sewer 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 as- sessment district shall be assessed to .and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered. placed on file with the City Clerk this 8rd day of August, 1959. RECORD OF FINAL ADOPTION The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 8th day of September, 1959. CHARLES A. KINTZINGER, Mayor GEORGE A,FREUND LEO N.SCHUELLER CLARENCE P, WELD PETER J. TAKOS Councilmen Attest; LEO F, FROMMELT, City Clerk. Coucilman Schueller moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 21159 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DU• BUQUE that pursuant to a resolu- tion of necessity No, 199.59 which was duly passed by this Council, for the construction of an eight inch (8") sanitary sewer in Thomas Place from the existing manhole in Thomas Place opposite Lot No. 1 of 48 of Dreibilbies Addition northeasterly in Thomas Place to the east. 109'/x' of Lot 1 of 1 of Mineral Lot 470 be and the same are hereby ordered and construct- ed by this Council upon its own motion and with or without the petition of property owners. All the work shall: be constructed in accordance with the plans and spec- ifications heretofore adopted and now on file in the office of the City Clerk. BE 1T FURTHER RESOLVED that the cost and expense of the said improvements 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 are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the sewer funds of the city. Payment will be made to the con• tractor out of funds realized from the sale of bonds or with sewer bonds to be issued in anticipation of deferred payments of assess- I Adjourned Regular Session, September 8, 1959 427 ments as provided by law after the work has been completed and ac- cepted by the City Council, BE IT FURTHER RESOLVED that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the con- struction of the various improve- ; ments herein provided for in the manner provided by law, the, said improvements shall be completed on or before 15 days after notice to proceed as 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 Councih Passed, adopted and approved this 8th day of September, 1959, CHARLES A.KINTZRVGER, Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takes, Welu. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Contractors of the Receipt of pro• posals for the construction of con- Crete sidewalks "City of Dubuque 1959 Concrete Sidewalk Project No, i" on the following portions of the following named streets; Hillcrest Road from Avalon to Carter Road•South Side; Hillcrest Road from Asbury road to Carter Road on the North side; Hillcrest Road on the south side from the east property line to the west property line of Lot 1.4 Mineral Lot 261; Asbury Road along Wa• ter Department property. Lot W5'-1 and Lot 2 Highland Fark; Grandview Avenue from Delhi Street to University Avenue on the east side, presented and read, ` Councilman Freund 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, Takes, Welu. Nays-None, September 8, 1959 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: Pursuant to your instruction, sealed bfds were received up until 10:00 A,M., Tuesday, September 8, 1959 for the City of Dubuque 1959 Concrete Sidewalk Project No, 1. The only bid submitted was from Huseman and Huseman Concrete Contractors of Dubuque, Iowa. This bid is 16,84% over the City Engi- neer's estimate, I recommend that the contract for the City of Dubuque 1959 Con- crete Sidewalk Project No, 1 not be awarded due to the following: 1, Only one bid was received, 2.10% check submitted with bid is not a certified check. 3, Bid submitted is 16.84% over the City Engineer's estimate. I, further recommend that this project be in corporated in the concrete sidewalk project that will be set up by the City Council in 1960. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu moved that the recommendations of the City Man- ager be approved, Seconded by Councilman Takes. Carried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takes, Welu, Nays-None. September 8, 1959 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted is Subdivi- sion Plat of Block 5 in Rolling Ridge Subdivision No. 2. This subdivision is located in Lenox Addition on the east side of Ohio Avenue from Illinois Avenue to Pennsylvania Avenue and is owned by Hillcrest Builders Inc. it 428 Adjourned Regular Session, September 8, 1959 This plat has been approved by the Planning & Zoning Commis- sion. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RH,EY, Secretary Councilman Welu moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION NO, 212.59 RESOLUTION Approving Plat of Block 5 in "Rolling Ridge Subdivi• Sion No. 2" in the City of Du• buque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of "Molo Place No, 2" in Du- buque Township, Dubuque, County, Iowa, now in the City of Dubuque, Iowa is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9, each in Block 5 in Rolling Ridge Subdivision No, 2 in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des- cribed plat be and the. same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the, City upon said plat. Passed, adopted and approved this 8th day of September A.D., 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND .LEO N. SCHUELLER CLARENCE P. WELU PETER J. TAKOS, Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution subject to Mayor's signature and receipt of proper public utilities ease- ments, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. September 8, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted is Subdivi- sion Plat of Block 1 and Block 2 of Parkland Ridge. This subdivision is part of the Duggan Farm on Kelly Lane, This plat has been approved by the Planning and Zoning Commis- Sion, Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN'RH,EY, Secretary Councilman Welu moved that the communication be received and filed, Seconded by Councilman Takos, Carried by the following vote:... Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos; Welu. Nays-None. RESOLUTION NOJ'213.59 ,Resolution. Approving the Plat of Blocks Land 2 of Parkland Ridge Subdivision and Lot One of "Dug- gan Farm." Whereas there has been filed with the City Clerlt a plat in which "Duggan Farm" in the City of Du• buque, Dubuque, County, Iowa, is platted as Block 1 and Block 2 in Parkland Ridge Subdivision and Lot One of "Duggan Farm" in the City of Dubuque, Dubuque County, Iowa, by John' Duggan, Trustee under the Regina Duggan.. Trust, as Owner thereof, and said plat has been examined by the City Plan Commission and had its approval endorsed thereon, and upon said plat appears a strip of land five (5) feet in width which has been dedicated for the widening of I{elly Lane; and Whereas said plate has been found by the City Council to con- Adjourned Regular Session, September 8, 1959 429 form to the Statutes and Ordin- ances relating thereto and the re• quirements of the Subdivision Ord- inance requiring the improvement of dedicated public ways may be waived in view of the minor widen• ing of Kelly Lane; NOW THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the dedication of the widening of Kelly Lane as the same appears upon said plat is hereby accepted; Section 2. That the, plat of the subdivision of "Duggan Farm in the City of Dubuque, Iowa, which will be hereafter known as Blocks 1 and 2 of Parkland Ridge Subdivi- sion and Lot One of "Duggan Farm" in the City of Dubuque, Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Du- buque upon said plat. Passed, adopted and approved this 8th day of Sept., 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 subject to the Mayor's signature and receipt of proper public utilities easements, Seconded by Council• man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. `September 8, 1959 To the Honorable Mayor and City Councih Dubuque, Iowa Gentlemen:.. Ierewith submitted is Subdivi• lion Plat of Black 5 in Scenic View Heights No. 2. This subdivision is located in the 1600 Block on Kane Street and is owned by J, H, Schiltz, This plat has been approved by the Planning & Zoning Commis- sion, Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Secretary Councilman Freund moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. RESOLUTION N0.214.59 Resolution Approving the Plaf of Block 5 in Scenic Vicw Heights No. 2. Whereas, there has been filed with the City Clerk a Plat in which Lot 2 of Scenic View Heights No. 1 in the City of Dubuque, Iowa, is platted as Block 5 in' Scenic View Heights No. 2 in the City of Dubuque, by J. H. Schiltz, widower and unremarried; as owner thereof and said plat has been examined by the City Plan Commission and approved; and upon said plat ap- pears a street to be known as Ken Court and also easements for pub• lic utilities which the owner upon said. plat has dedicated o the public forever; and Whereas said plat has been found by the City: Council to conform to the Statutes and Ordinances relat- ing thereto, except that the street has not been reduced to grade or paving, sewer or water services or sidewalks installed therein; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Ken Court, together ..with. ease• merits for public utilities, ; as the same appear upon said. plat, are hereby accepted; Section 2. That the plat of the subdivision.. of Lot 2 of Scenic View Heights No,=One in the City of Dubuque, Iowa, which will be hereafter known as Block: 5 in Scenic View Heights No. 2 in the City of Dubuque,. Iowa, is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of ~N..,,~ 6 i 1 ~, ~~ t Ij ~11 ~ ~~ • 430 Adjourned Regular Se: the City of Dubuque upon said plat, provided the owner of said property, hereinbefore named, exe- cutes his written acceptance here• to attached, agreeing; a, To reduce Ken Court to grade as shown by the profiles sub- mitted with the plat; b. To surface Ken Court, includ• ing the turn-around, as the same appears on said plat for a width of thirty feet from curb face to curb face with six inch rolled stone base, two and one-half inch hot mixed, hot laid bituminous concrete surfacing, with con- crete curb and gutter as shown in City of Dubuque Standard Curb and Gutter Section; c. To install concrete sidewalks on both sides of Ken Court in accordance with City of Du- buque Standard Specifications for Permanent Sidewalks; d. To install watermain in ac• cordance with plans submit- ted with the plat; e. To install storm and sanitary sewers in accordance with the plat; f. To install sanitary sewer and water house, laterals for each lot from the main to behind the curb line; g. To seal coat Ken Court upon completion of surfacing; h, To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager and under the inspection of the City Engineer; i. To maintain the street im- provements for a period of four years from the date of their acceptance and to main tain the sanitary sewer for a period of two years from the date of its acceptance; j. To provide, the foregoing con- struction and maintenance at the expense of owner; k. To construct said improve• menu prior to November 1, 1960; and f urther provided that J. H. Schiltz, as owner of said Subdivi- sion secure the performance of the foregoing conditions by provid- ing security in such sum and with lion, September 8, 1959 such sureties as may be acceptable to the Mayor; Section 3. That in the event the said J. H. Schiltz shall fail to execute the acceptance and provide the security provided for in Section 2 hereof within 45 days from the date of this Resolution, the provi• sions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 8th da yof September, A, D. 1959. CHARLES A. KINTZINGER, Mayor GEORGE A. FREUND LEO N. SCHUELLER CLARENCE P. WELD PETER J. TAKOS, Councilmen Attest: LEO F. FRONIMELT; City Clerk To Leo F, Frommelt, City Clerk: This is to certify that the secur- ity required by the foregoing Reso- lution No. 214.59 has been provided by the owner. Dubuque, Iowa, September 29, 1959. CHARLES A. KINTZINGER, Mayor ACCEPTANCE OF RESOLUTION NO. 214.59 J, H. Schiltz having read the terms and conditions of the fore• going Resolution No. 214.59 and be- ing familiar with the contents thereof, hereby accepts the same and agrees to perform the, condi- tions required therein. J. H, SCHILTZ 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. September 8, 1959 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, Herewith submitted is Subdivi• sion Plat of Green Acres Subdivi• sion No, 2. This subdivision is located at the north end of Timber Line Street and is owned by the Reilly Realty Co. Adjourned Regular Session, September 8, 1959 X31 This plant has been approved by hereby authorized and directed to the Planning & Zoning Commis• endorse the approval of the City Sion, of Dubuque upon said plat provid- Respectfully submitted, ed the owner of said property, Dubuque Planning & Zoning hereinbefore named, executes its Commission written acceptance, hereto attach• By OWEN RILEY, Secretary ed, agreeing: Councilman Welu moved that the a, To reduce Timber Line to communication be received and fil• grade as shown by the profiles ed. Seconded by Councilman Takos, submitted with the plat; Carried by the following vote: b. To surface Timber Line, in• Yeas-Mayor Kintzinger, Coun- chiding the turnaround, as cilmen Freund, Schueller, Takos, the same appears on said plat Welu. for a width of thirty feet from Nays-None, curb face to curb face with ° RESOLUTION N0. 21S•S9 six inch rolled stone base, two and one•half inch hot Resolution Approving the Plat of mixed, hot laid bituminous Green Acres Subdivision No. 2. concrete, surfacing, with con• Whereas there has been filed Crete curb and gutter as with the City Clerk a plat in which shown in the City of Du- i Lot 9 of Block 11 and all of Block buque Standard Curb and 14, both in Green Acres Subdi- Gutter Section; vision in the City of Dubuque, c. To install concrete sidewalks Iowa are. platted as Green Acres on both sides of Timber Line Subdivision No. 2 in the City of in accordance. with City of Dubuque, Dubuque County, Iowa, Dubuque Standard Specifica- by Reilly Realty Inc., as owner tions for Permanent Side- thereof, and said plat has been ex- walks; amined by the City Plan Commis• To install watermain in ac• d sion and had its approval endorsed . cordance with plans submitted thereon; and upon said plat ap- with the plat; pears a street to be known as Tim- ber Line and easements for public e. To install storm and sanitary utilities which the owner upon sewers in accordance with said plat has dedicated to the pub• plans submitted with the j lic forever; and the plat; Whereas said plat has been f. To install sanitary sower and found by the City Council to con• water house laterals for each form to the Statutes and Ordinan• lot from the main to behind ', ces relating thereto except that the the curb line; street has been reduced to grade g~ To seal coat Timber Line upon or paving, sewer or water services completion of surfacing; or sidewalks installed therein; h, To construct the foregoing NOW THEREFORE, BE IT RE• improvements in accordance with plans and specifications SOLVED BY THE CITY COUNCIL approved by the City Manager OF THE CITY OF DUBUQUE, and under the inspection of IOWA: the City Engineer; Section 1. That the dedication of i. To maintain the street im• Timber Line, together with the provements for a period of easements for public utilities as four years from the date of the same appear upon said plat are their acceptance and to main• hereby accepted; tain the sanitary sewer for a Section 2. That the plat of the period of two years from the Subdivision of Lot 9 in Block 11 date of its acceptance; and all of Block 14, both in Green j, To provide the foregoing con• Acres Subdivision, in the City. of struction and maintenance at Dubuque, Iowa, which will be here- the expense of owner; after known as Green Acres Sub• k, To construct said improve• division No. 2 in the City of Du• menu prior to November 1, buque, Dubuque County, Iowa, be 1960; and the same is hereby approved and further provided that Reilly and the Mayor and City Clerk are Realty, Inc., as owner of said Sub- 432 Adjourned Regular Session, September 8, 1959 division secure the performance of the foregoing conditions by pro- viding security in such sum and with such cureties as may be ac- ceptable to the City Manager; Section 3. That in the event the keilly Realty, Inc., shall fail to execute the acceptance and provide the security provided for in Sec• tiara 2 hereof within 45 days from the date of this Resolution, the provisions hereof shall be null and void and the acceptance of the dedication and the approval of the plat shall not be effective. Passed, adopted and approved this 8th day of September, A.D. 1959, by unanimous roll call vote, CHARLES A• KHQTZINGER Mayor GEORGE A. FREUND LEO N: SCHUELLER CLARENCE P. WELU PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk To Leo F, Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing P~esolution No. 215.59 has been provided by ~tihe owner. Dubuque, Iowa, - , September 18, 1959 L. J, SCHILTZ City Manager ACCEPTANCE OF RESOLUTION NO, 21559 Reilly. Realty, Inc., having read the terms and conditions of the foregoing Resolution Na, 215.59 and being. familiar with the con- tents thereof, hereby accepts the same. and agrees to perform the conditions required therein REILLY .REALTY, Inc, By William J. Reilly 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, September 8, 1959 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is ~~to advise you that the "City of Dubuque Foamed Asphal- -tic Liquid Mastic Surfacing Proj• cot" under construction by the Schueller Blacktop Company has been completed in accordance with plans and specifications, The portions of the streets in- volved are as follows; White Street from 12th Street to 21st Street Bryant Street from Dodge Street to Grandview Avenue University Avenue from 8th Avenue to Alta Vista 5treat Loras Boulevard from Locust Street to Walnut Street Loras Boulevard from Grand- view Avenue to University Avenue. I, therefore, recommend the ac- ceptance of this Maintenance Re- surfacing Project. Very -truly yours, L. J, SCHILTZ 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. FINAL ESTIMATE CITY OF DUBUQUE, IOWA Resolution No. 216.59 WHEREAS, the contract for the City of Dubuque Foamed Asphaltic Liquid Mastic Surfacing Projeet White Street from 12th Street to 21st. Street Bryant Street from Dodge Street ho Grandview Avenue University Avenue from 8th Avenue to Alta Vista Street Loras Boulevard from Locust Stree# to Walnut Street Loras Boulevard from Grand' view Avenue to University Avenue has been completed and the City Engineer 'has submitted his final estimate showing ,the cost thereof including the cost of estimates, no- tices, inspection, and preparing the assessment and plat, now there- fore, BE IT RESOLVED, by the. Cihy Council of the City of Dubuque, That the cost of said improve• ment is hereby determined Ito be $14,338.00. That none of the cast thereof shall be assessable upon private property and $14,338.00 shall be Adjourned Regular Session, September 8, 1959 433 paid from the Street Construction Road Use Tax Fund of the City of Dubuque, Passed, adopted and approved this 8th day of September 1959• CHARLES A. KINTZINGER Mayor GEORGE A, FREUND LEO N. SCHUELLER CLARENCE P, WELU PETER J, TAKOS Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Talcos. Car• ried by the following vote; Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None A Resolution Accepting Improvement CITY OF DUBUQUE, IOWA RESOLUTION NO. 217.59 WHEREAS, the contract far the City of Dubuque Foamed Asphal- tic Liquid Mastic Surfacing Projeet White Street from 12th Street Ito 21st Street Bryant Straet from Dodge Street to Grandview Avenue University Avenue from 8th Ave- nue to Alta Vista Street Loras Boulevard from Locust Street to Walnut Street Loras Boulevard from Grandview Avenue Ito University Avenue has been completed and the City Manager has examined the work and filed'his certificate stating that the same has been completed ac- cording Ito the, terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the Cihy Council of .the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement Abe and the same is hereby accepted. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from The Street Con- struction Fund-Road Use Tax in amount equal to the amount of his contract, less any retained per- centage provided for therein, Passed, adopted and approved this 8th day of September, 1959, .CHARLES A, KINTZINGER Mayor GEORGE A. FREUND 'LEO N, SCHUELLER CLARENCE P, WELU PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Sec- onded by Councilman Freund, Car- ried by the following vote: Yeas-Mayor Kintzinger, Coun• cilmen, Freund, Schueller, Takos, We1u, Nays-None, RESOLUTION NO. 218.59 BE IT RESOLVED by the City Council of the City of Dubuque than the following, having complied with the ~provisi~ons of law relat• ing to the sale of cigarettes within the City of Dubuque, be granted a permit ,ta sell cigarettes and cig- arette papers within said City. William J. Mills, 90 So. Locust Street Theodore J. Ferring, 385 East 13th Street Cecil J• Steach, 380 Locust Street Mrs. Jean Kuhle, 649 East 16th Street Albert H, Hochhausen, 2401 Windsor Avenue (Transfer of ad- dress from 1573 Elm Street) William H, Olsen, 1097 Jackson Street (Transfer of address from 390 East 12th Street), BE IT FURTHER RESOLVED that the bonds filed with the, ap- plicati~ons be approved, Passed, adopted and approved this 8th day of September, 1959• CHARLES A, KINTZINGER Mayor GEORGE A, FREUND: LEQ N• SCHUELLER CLARENCE P, WELU PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT Ctty Clerk Councilman Welu moved the adoption of the resolution. Sec• onded by Councilman Takos, Car- ried Eby the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund,- Schueller, Takos, Welu. Nays-None. 'u f of ~~ j I ''~ ~~ bl '', i ''r 434 Adjourned Regular Session, September 8, 1'959 RESOLUTION N0.219.59 Councilman °Welu moved the WHEREAS, applications for Beer adoption of the resolution. Sec• Permits have been submitted to onded by Councilman Takos. Car• this Council for approval and the ried by the following vote, same have been examined: NOW, Yeas-Mayor Kintzinger, Coun• THEREFORE, cilmen Freund, Schueller, Takos, BE 1T RESOLVED by the City Welu, Council of the City of Dubuque Nays-None. that the following applications be RESOLUTION N0 220.59 granted and licenses be issued . upon the compliance with the WHEREAS, heretofore applica• terms of the ordinances of this tions for Beer Permits were filed City. by the within named applicants CLASS "B" PERMIT and they have received the approv Mrs, Jean Kuhle, 649 East 16th al of this Council; and .,..Street WHEREAS, the premises to' be Mrs, LaVerna L. Barker, fi78 Cen- occupied by such applicants. were tral Avenue inspected and found to .comply Leroy G. Richman, 2319 Prince with the ordinances of this City Street and they have filed proper bonds: Ronald J. Weiner; 909 Walnut NOW, THEREFORE, Street BE IT RESOLVED by the City Michael F: Pusateri, 1292 Main Council of the City of Dubuque Street that the Manager be and he is J, Louis and Susan Spielman, 601 directed to issue to-the following Rhomberg Avenue named applicants a Beer Permit. Cyril N, Meitl, 1555 Central Ave- nue CLASS "B" PERMIT Mrs. Emma Scherer, 1187 Iowa Mrs,` Jean Kuhle, 649 East 16th Street Street Cecil J, Steach, 380 Locust Street Mrs. LaVerna L, Barker, 678 Cen• Riverside Bawl, 1860 Hawthorne tral Avenue Street . Car] L, Noel 1080 University Ave- Leroy G, Richman, 2319 Prince , Street nue Carl E. Meyer, 1828 Central Ave• Ronald J, Weiner 909 Walnut nue Street ' Theodore J. Ferring, 385 East 13th Michael F. Pusateri, 1292 Main Street Street ` William H. Olsen (Transfer of ad- J. .Louis and Susan Spielman, 601 dress from 390 East 12th Street), Rhomberg Avenue 1097 Jackson Street.. Cyril N, Meitl, 1555 Central Ave• CLASS "C" PERMIT. nue Thomas Oeschger, 815 West 5th.. Mrs,. .Emma Scherer, 1187 Iowa Street Street Gus. and Michael F, Pusateri, 1098 ' Main Street Cecil J. Steach, 380 Locust Street Albert H, Hochhausen, 2401 Wind-: Riverside Bowl, 1860 Hawthorne sor Avenue Street Tenenbom's Super Market, Inc, of Carl L. Noel, 1080 University Ave• Dubuque, 630 Locust Street nue Walter W, Knoll, 205 Kaufmann Carl E.'Meyer, 1828' Central Ave• Avenue nue Passed; adopted and approved- Theodore J. Ferring, 385 East 13th this 8th day of September, 1959. Street CHARLES A. KBVTZBdGER William H, Olsen (Transfer of ad• Mayor dress from 390 East 12th Street), GEORGE A. FREUND 1097 Jackson Street LEO N.SCHUELLER CLARENCE P. WELU CLASS "C" PERMIT PETER J. TAKOS Thomas Oeschger, 815 West 5th Councilmen -Street Attest: LEO F. FROMMELT Gus and Michael F. Pusateri, 1098 City Clerk Main Street I Adjourned Regular Session, September 8, 1959 435 Albert H. Hochhausen, 2401 Wind• sor Avenue Tenenbom's Super Market, Inc, of Dubuque, 630 Locust Street Walter W. Knoll, 205 Kaufmann Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved, Passed, adopted and approved this 8th day of September, 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. Sec• onded by Councilman Takos. Car- ried by the following vote; Yeas-Mayor Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu, Nays-None. September 8, 1959 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: This is to advise you that the "City of Dubuque 1959 Grading Project No. i, Section III, "North Grandview Avenue from the north property line of Kaufmann Ave• nue to the south property line of Kane Street, under construction by the Saffron Construction Com- pany has been completed in ac• cordance with plans and specifi• cations. I, therefore, recommend the ac- ceptance of this improvement, Very truly yours, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved. Seconded by Councilman Freund. Carried by. the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION. N0.221.59 WHEREAS, the contract for the City of Dubuque .1959 Grading Project No, 1, Section. 111, North Grandview Avenue from north property line of Kaufmann Ave• nue to the south property line. of Kane Street, has been .completed and the City Engineer has sub- mitted his final estimate showing the cost thereof including the cost of 'estimates, notices, inspection, ahd preparing the assessment and plat, now therefore; BE IT RESOLVED,, by :the City Council of the City' of Dubuque, That the cost of said improve- ment is hereby determined to be $28,24920, That none of 'the' cost 'thereof shall be assessable upon private property and $28,249120 shall be paid from'the Street construction (135J) Fund of the City of Du- buque, Passed,'' adopted and approved this 8th day of September, 1959. - CHARLES A, KBQTZINGER Mayor GEORGE A: FREUND LEO N,SCHUELLER CLARENCE P. WELU PETER J, TAKOS Councilmen Attest; LE0 F. FROMMELT City Clerk: Councilman Takos moved the adoption of the resolution.. Second- ed by CauncilmanFreund. Carried by the following vote: Yeas-Mayor'. Kintzinger; Coun- cilmen Freund, Schueller; Takos, Welu, Nays-None. (A Resolution Accepting Improve• ment} CITY OF DUBUQUE, IOWA RESOLUTION N0.222.59 WHEREAS, the contract for the City of Dubuque_'1959 Grading Project No,' 1, Section IH, North Grandview Avenue from the north property line of Kaufmann Avenue to the south property line of Kane Street,.. has been completed Nand .the City Manager has examined the work and filed his certificate stating that the same.. has... been completed according. to the terms of the .contract,. plans and specifi- Iii; ~d~ ~~ ', ',: '~ t 436 Adjourned Regular Session, September S, 1959 cations and recommends its ac• Adopted ,,,,,,,,,,,,,,, ceptance, now therefore, BE IT RESOLVED, by the City Approved ............. Council of the City of Dubuque, that the recommendation of the City Manager be approved and ~ """' that said improvement be and the same is hereby accepted. ,,,,,,,, BE IT FURTHER RESOLVED, that the City Treasurer be and he Councilnr~n is hereby directed to pay to the ..,,.,,, contractor from the Street Con- struction Fund in amount equal ,,,,,,,, to the amount of his contract, less any retained percentage provided for therein •,•••. Passed, adopted and approved this 8th day of September, 1959. Attest .................. CHARLES A. KINTZINGER Mayor GEORGE A. FREUND LEO N, SCHUELLER CLARENCE P. WELD PETER. J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Takos moved the adoption of the resolution, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayas Kintzinger, Coun• cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Schueller moved that Wm. Clemens Jr, be re-ap• pointed to the Airport Commission for a six year term to September 14, 1965 and Rev, Lawrence Guter be appointed to the Recreation Commission to fill the unexpired term of Rev. Eugene Weimer to July 5, 1961. Seconded by Coun- cilman Welu, Carried by the fol- lowing vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. There being no further business Councilman Welu moved to ad- journ, Seconded by Councilman. Takos, Carried by the following vote: Yeas-Mayor Kintzinger,. Coun- cilmen Freund, Schueller, Takos, Welu, Nays-None, LF;O F, FROMMELT City Clerk ,,,,,,,,,,,,,,,,,,,,,,,1980 ..................:....1960 City Clerk Regular Session, October 5, 195 ~ 437 ~ ~'~1~I7 r~ i~ ~P OFFICIAL Regular Session; October 5, 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 pw•pose of acting upon such business as may properly come before the meeting, Proof of Publication, certified to by the Publisher, of Notice of Pen- dency of Resolution of Necessity for Public Improvements and hear- ing upon proposed plans and speci- fications, form of contract and cost of improvements far the construc- tion of City of Dubuque 1959 Boulevard lighting project No, II Bid Section No, I for boulevard lights on Central Avenue from the north property line of 12th street to south property line of 16th street, presented and read, Coun- cilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Ta- kos, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Communication of Ed Turnquist Co, thanking the Council for their consideration and survey made on the parking situation and street lights far Central Avenue, present- ed and read. Councilman Takos moved that the communication be received and filed. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None. Councilman Freund moved that the rules be suspended to allow anyone present address the Coun- " cil if they so desire. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos, Welu. Nays-None, Mr. Edward Maas, owner of property at 14th & Central Avenue addressed the Council by stating that he would be against the light project if the price exceeded $10 per running foot. Decision of Council upon objec• tions to plans, specifications, form of contract and cost of im• provements. R@SOLUTIOtJ tdO. 223.59 WHEREAS, proposed plans and specifications and form of contract for the City of Dubuque 1959 Boul- evard. Lighting Project Na, 11 Bid Section 1-Central Avenue from the north property line of 12th street to the south property line of 16th Street, have been approved by the City Council of the City of Dubuque and public notice giv- en as provided by Chapter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all objections to said plans, specifications or contract for or cost of such improvements, said time being this 5th day of Oc- tober, 1959; and WHEREAS, the City Council met in regular session this 5th day of October, 1959, at 7:30 o'clock P,M. at the Council Chambers in the City Hall for the purpose of hear- ing all interested parties and con- sidering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and pro- posed to be made; and WHEREAS, all interested par- ties have been given an opportun- ity to be heard and all objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same hereby overruled and such plans, specifications and form of contract heretofore ap- proved are hereby adopted. BE 1T FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and