1959 November Council ProceedingsS
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Regular Session, November 2, 1959
~~t~t~~~~~ ~~J'~ ~7 ~~~t To the Honorable
(OFFICIAL) and City Council
Cit f D b
Regular Session November 2,
1959,
Council rnet at 7:30 P.M
Present - Mayor Kintzinger,
Councilmen Freund, Schueller, Ta-
]tos, Welu. City Manager Schiltz.
Mayor Kintzinger read the, call
and stated that this is the regular
monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting.
Proof of Publication, certified
to by the Publisher, of Notice to
Contractors of the receipt of pro-
posals for the construction of City
of Dubuque, Iowa 1959 Boulevard
Lighting Project No. 2 Bid Section
Na. 1, for Central Avenue from
Twelfth to Sixteenth Street with
boulevard lighting, presented and
read. Councilman Schueller moved
that the proof of publication be re-
ceived and filed. Seconded by
Councilman Welu, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Councilman Welu moved that
the rules be suspended in order to
let anyone present address the
Council if they so desire. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Iintzinger, Coum
cilmen Freund, Schueller, Takos,
Welu.
Nays-None
Mr. Ed Turnquist made inquiry
as to the cost of the lighting for
Central Avenue and was informed
that it would be somewhat higher
than the lights on Main Street, He
stated that he is unhappy to see
the lights cost more for Central
but in his opinion it would be a
mistalte to have new lights on Iowa
and Main and not on Central Ave-
nue,
473
November 2, 1959
Mayor
y o u uque
Dubuque, Iowa
Gentlemen;
Pursuant to your instructions,
sealed bids were received until
10:00 A.M. Monday, November 2,
1959 for the City of Dubuque 1959
Boulevard Lighting Project No. 2.
The lowest bid submitted was en-
tered by Schueller and Company of
Dubuque, Iowa; their total base bid
was in the amount of $23,643.89.
This base bid was established on
the installation of six tube lumi-
noires, Alternate bids were also
received on the light standards
with the price of $289,20 per Mil-
lerbernd Standards and $247.50
per Union Metal Standards. The
contract cost of the projeot using
the six tube luminaires and the
standard as supplied by Union Met-
al would be $22,976.69.
Alternate bids were also re-
ceived on four tube luminaires and
the bid received on these fixtures
and Union Metal Standards would
be $18,385.90.
I, therefore, recommend that the
contract for the City of Dubuque
1959 Boulevard Lighting Project
No. 2 be awarded to Schueller and
Company; and the six tube lumi-
naires be installed with the alter-
nate standard as furnished by the
Union Metal Company,
A tabulation of bids received is
attached,
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.
(Awarding Con4ract)
RESOLUTION N0.236.59
WHEREAS, sealed proposals
have been submitted by contrac-
tors for the City of Dubuque 1959
Boulevard Lighting Project No.
2-Central Avenue from 12th
Street to 16th Street pursuant to
Resolution Nn, 224.59 and notice
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474 Regular Session, November 2, 1959
to bidders published in a news-
paper published in said City on
October 9, 1959 and October 16,
1959; and
WHEREAS, said sealed propos-
als were opened and read on No-
vember 2, 1959, and it has been
determined that the bid of Schuel•
ler & Company of Dubuque, Iowa
in the amount of $22,976.69 was
the lowest bid for the furnishing
of all labor and materials and per-
forming the work as provided for
in the plans and specifications;
now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Schueller & Company of Du-
buque, Iowa and the Manager be
and he is hereby directed to exe•
cute a contract on behalf of the
City of Dubuque for the complete
performance of said work,
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer is
authorized and instructed to re-
turn the bid deposits of the unsuc•
cessful bidders.
Passed and adopted this 2nd day
of November, 1959,
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N,SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Freund: moved the
adoption of the resolution. Sec-
onded by Councilman Welu. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freuhd, Schueller, Takos,
Welu.
Nays-None,
Printed Council proceedings for
the month of June 1959 presented
for approval, Councilman Schuel-
ler moved that the Council pro-
ceedings for the month of June
1959 be approved as printed, Sec•
onded by Councilman Welu, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
October 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Mary Ness and
others requesting street lights at
the corner of 12th and Bluff
Streets and "Slow" signs at the
corner of 14th and Bluff Streets
and 13th and Bluff Streets was re-
ferred to the City Manager for
investigation and report.
The records of the Traffic Di-
vision show three pedestrian ac-
cidents in this vicinity during the
last three years. An accident in
1957 involved a 2~i year old girl
crossing the street at 12th and
Bluff Streets by herself, The pe•
destrian injured in 1958 was cross-
ing Bluff in the crosswalk at 13th
Street and the pedestrian injured
in 1959 was a small child who dart-
ed out from between parked ve-
hicles in the 1300 block on Bluff.
We have taken steps to install
pedestrian crosswalks at 12th and
Bluff Streets and feet a "slow"
sign should be erected on the
south side of 12th Street just west
of Bluff,
The presence of parked vehicles
in the crosswalks at 13th and Bluff
presents another problem, This in•
tersection in order to provide safe
passage of motor vehicles and
greater visibility for vehicles and
pedestrian traffic should be
cleared of all parked vehicles to
provide safety for pedestrians
wishing to cross the street, The
prohibition of parking also allows
greater freedom of movement and
better visibility for drivers enter
ing the intersection from either
direction.
The Traffic Department does
not recommend placing "Slow ChiI-
dren Playing" signs where ade-
quate pedestrian facilities have
been provided.
It is therefore recommended
that all parking be prohibited on
the west side of Bluff Street from
a point ten feet south of the south-
erly crosswalk to a point ten feet
north of the northerly crosswalk
of the intersection of West 13th
Regular Session, November 2, 1959 475
Street and that a "Slaw" sign be
erected on the south side of West
12th Street just west of Bluff
Street.
Respectfully submitted,
L, J, SCHILTZ,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzfnger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
October 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The communication of Jesse
Birch and others requesting the
installation of street lights on
Kelly Lane from the 700 to the
1200 block was referred to the
City Manager for investigation and
report.
I have had an investigation
made concerning the street light-
ing installations on Fremont Ave-
nue and also Kelly Lane. Build-
ing construction on Kelly Lane has
been increasing and there are
many new homes which are in
need of proper lighting. It is rec-
ommended that two additional
street lights be installed on Fre-
mont Avenue and seven new lights
on Kelly Lane as shown on the at-
tached drawing prepared by the
Interstate Power Company in con-
junction with the City Electrical
Inspector.
Respectfully submitted,
L. J. SCHII,TZ
City Manager
Councilman Schueller moved
that tha recommendation of the
City Manager be approved. Sec-
onded by Councilman Takos. Car•
ried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
October 30, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen:
The petition of Mrs, Eugene P.
McCarthy and others requesting re-
stricted parking on both sides of
Hillcrest Street from Monday to
Friday, from 7,30 A.M, until 5:00
P,M, was referred. to the City
Manager far investigation and re-
port.
The Police Traffic Department
has been investigating traffic con-
ditions in this area for some time
and feel that restricting of park-
ing on this street has considerable
merit in addition to the safety of
school children walking in the
street.
With the exception of one or
two homes on the south side of
Hillcrest Road between Carter
Road and Asbury Street, all resi-
dences have driveways or areas to
accommodate off-street parking of
their vehicles, From the stand-
point of safety of school children
who might be walking on Hillcrest
Road and also from the standpoint
of lessening interference with
moving vehicular traffic, parking
should be removed from the south
side of Hillcrest Road.
While the petition requests re-
stricting parking during certain
hours on both sides of the street,
it is believed that from the stand-
point of traffic safety, a much
more favorable condition will re-
sult by removing the parking on
the south side of Hillcrest, Fur-
ther, the prohibiting of parking on
the south side of Hillcrest Road
will allow adequate parking area
far any resident who might find
it necessary. to provide parking
area for visitors or guests at vari-
ous times during the day.
I therefore recommend that
parking be prohibited on the south
side of Hillcrest Road from its
intersection with Asbury Street to
its intersection with Avalon Road.
Respectfully submitted,
L, J. SCHILTZ
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved and that
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476 Regular Session, November 2, 1959
proper proceedings be prepared.
Seconded by Councilman Welu,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
November 2, 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
approval on same far filing, sub-
ject to the approval of the City
Solicitor;
EXCAVATION
Curtis-Straub, Policy No, PC28033,
Central Surety & Insurance
Corp,
H. M, Steger and F. T. Steger,
d/b/a Steger Construction Com-
pony, Policy No. XP256528, The
Fidelity and Casualty Co, of N.Y.
HEATING
Carl Mettille, d/b/a Mettille Roof-
ing & Sheet Metal Works, Hawk-
eye-Security Ins, Co.
C, F. Puth Company, Inc,, Western
Casualty & Surety Co.
W. J. Jordan, General Insurance
Co. of America
Ellis Household Service, U.S, Fi-
delity and Guaranty Co.
SIDEWALK
H, T, Percy, d/b/a Percy Construc-
tion Company, American Surety
Co, in N.Y.
Michael J. Bock, U,S. Fidelity and
Guaranty Co.
Hillcrest Builders, Inc,, U.S, Fidel-
ity and Guaranty Co.
Respectfully submitted,
L. J, SCHH,TZ
City Manager
Councilman Welu moved that
the filing of the bonds and policies
be approved subject to the ap-
proval of the City Solicitor, Sec-
onded by Councilman Schueller.
Carried by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos;
Welu.
Nays-None.
November 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Mrs, Joseph
Giese requesting the installation
of a street light between 2355 and
2451 Roosevelt Street was referred
to the City Manager fm• investi-
gation and report,
I have had the Electrical In-
spector investigate the need of
additional street lights on Roose-
velt Street and find that there are
three locations which, according to
our present standards, need street
lights,
I recommend the installation of
a now street light on Pole 207-196
at approximately 2180 Roosevelt
Street, another on Pole 207.9E at
approximately 2425 Roosevelt and
another light on Pole 207-8C at
approximately 2460 Roosevelt,
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 foIlawing vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
November 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Mrs, Virgil WEr-
singer requesting a correction of
the lighting conditions in the 1600
block of Lincoln Avenue was re-
ferred to the City Manager for in-
vestigation and report.
The Interstate Power Company
has agreed to remove the light
from its present location and place
it on a pole diagonally across the
intersection of Lincoln Avenue and.
Hamilton Street from where it is
now located.
This relocation should help to
relieve the condition stated in the
petition,
Respectfully submitted,
L. J, SCHILTZ
City Manager
Regular Session, November 2, 1959 477
Councilman Freund moved that
the action of the City Manager be
approved. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
November 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
The petition of Vincent F. Bri-
meyer requesting the installation
of a street light at approximately
610 Napier Street was referred to
the City Manager for investigation
and report,
Upon investigation of this re-
quest by the Electrical Inspector,
tke distance between street lights
at Hempstead and Foye Streets is
656 feet. This distance would indi-
cate that another light is needed.
The proper location for this light
would be at the top of the steep
hill or approximately the west lot
lino of 540 Napier Street,
It is my recommendation. that a
street light be installed at this
location,
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.
November 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
The petition of Joseph P. Kane
requesting the installation of a
street light at the corner of Gan-
dolfo and St, Joseph Streets was
referred to the City Manager for
investigation and report,
Upon investigation by the City
Electrical Inspector, it was deter-
mined that a street light should be
installed at this intersection be-
cause homes have been built along
this street and Collins Street is
now opened and improved and
there will be no doubt be new
homes constructed on this street
within a short time.
Respectfully submitted,
L, J, SCHH,TZ
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Copn-
cilmen Freund, Schueller, Taltos,
Welu.
Nays-None,
November 2, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
Bids were received at 10:00 A.M.
November 2, 1959, far grading and
leveling the Parking Lot at 11th
and Bluff Streets,
The bid submitted by Saffron
Construction Company was the
lowest bid submitted. The Saffron
bid was $3,475.00 and was $5,00
more than the Engineer's estimate.
I recommend that the contract
be awarded Saffron Construction
Company.
Respectfully submitted,
L, J. SCHILTZ
City Manager
Councilman Schueller moved
that the recommendation of the
Clty Manager be approved. Sec-
onded by Councilman Takos. Can
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
November 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Petition of the Dubuque
Packing Co. requesting vacation. of
Balance of Lynn Street from East
18th Street to East 19th Street
and the Alley between Sycamore
and Lynn Streets from 18th to
19th Streets has been considered
by .the Planning and Zoning Com-
mission,
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478 Regular Session, November 2, 1959
We therefore recommend to the
City Council that the petition be
granted,
Respecdully submitted,
Dubuque Planning 8c Zoning
Commission
By Owen Riley, Secretary
Councilman Freund moved that
the recommendation of the Com-
mission be approved and that
proper proceedings be prepared.
Seconded by Councilman Schuel•
ler. Carried by the fallowing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
October 23, 1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen;
In the acquisition of the ease-
ments for the Catfish Creek Sani•
Lary Sewer, one of the descriptions
erroneously referred to the parcel
over which the easement crossed,
as a portion of Mineral Lot 501,
whereas it should have referred to
Mineral Lot 502.
A corrected easement has been
obtained and is submitted here-
with,
However, the erroneous ease-
ment now constitutes a cloud upon
certain portions of Mineral Lot 501
in which the City of Dubuque has
no real interest.
I therefore, recommend that the
attached easement be accepted
and that the Mayor and City Clerk
be authorized to execute a Quit
Claim Deed releasing any interest
of the City of Dubuque in and to
the following described real es-
tate:
Lat 1 of Lot 1 of Lot 3 of Lot 1
of Mineral Lot 501; Lot 2 of
Lot 3 of Lot 1 of Mineral Lot
501; Lot 2 of Lot 1 of Mineral
Lot 501; ali in Table Mound
Township, Dubuque County,
Iowa, according to the recorded
plats thereof,
A proposed deed is submitted
herewith,
Respectfully,
T, H, NELSON
Councilman Welu moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Schueller, Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Communication of American Mu-
nicipal Association appointing
Councilman Welu a member of the
Association's committee on high-
ways, presented and read, Mayor
Kintzinger moved that the commu-
nication be received and filed and
that Councilman Welu and Coun-
cilman Schueller be authorized to
attend the convention of the AMA
in Denver.
Councilman Freund moved that
Councilman Welu be the delegate
and Councilman Schueller the a1-
ternate to the convention. Second-
ed by Mayor Kintzinger. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Official No•
tice of public hearing on Ordi•
nonce No. 55.59, an Ordinance
amending Ordinance No, 3.34
known as the Zoning. Map and
Zoning Ordinance so as to classify
Lot 3 Krayers Subdivision. in the
City of Dubuque, presented and
read, No written objections were
filed and no objectors were pres•
ent at the time set for the public
hearing.
Councilman Freund moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Talcos, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE. N0. 55.59
An Ordinance Amending Ordi-
nance No, 3.34, known as the Zon•
ing Map and Zoning Ordinance of
the City of Dubuque, so as to clas•
sify the herein described property
as Business District, said Ordi-
nance having been passed on first
reading on October 5, 1959, pre•
sented for Final Adoption.
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Regular Session, N
ORDINANCE N0, 6569
An Ordinance amending Ordinance
No, 3.34, known as the Zoning Map
and Zoning Ordinance of the City of
Dubuque, so as to classify the herein
described property as Business District.
Whereas, the Planning and Zoning
Commission has filed its report rec-
ommending the rezoning to Business
District of the hereinafter described
property; and
Whereas a public hearing on the
question of such proposed rezoning
was held on the 2nd day of November.
1959, at 7:30 o'clock F,M„ at the City
Hall in Dubuque, Iowa, pursuant to
due'and legal .notice, and all parties
in interest, and all citizens, were given
an opportunity to be heard at said
hearing; and
Whereas the City Council deems such
Amendment to the Zoning Map and the
Zoning Ordinance to be necessary and
proper;
Now, therefore, be it ordained by
the City Council of the City of Du•
buque;
Section L That the Zoning Map and
the Zoning Ordinance of the Ctty of
Dubuque, known as Ordinance No. 3-
34 be and the same are hereby amend-
ed and changed as follows;
By classifying as Business District
lot 3 Krayers Sub.
Section 2. This Ordinance shall be
in full force and effect from and after
its final passage, adoption and publi•
cation as by law provided,
Introduced the 5th day of October
1959.
Rule requiring the reading on three
separate days suspended by unanimous
vote the 5th day of October 1959.
Passed by recorded roll call vote,
adopted and approved this 2nd day of
November 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 thin 8th day of No•
vember 1959,
LEO F. FROMMELT
City Clerk
lt. 11•G
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,
'" elu.
days-None,
Proof of publication, certified to
by the Publisher, of Official Notice '
of public hearing on Ordinance
No, 56.59, an Ordinance amending
Ordinance No, 3.34 known as the
?oning Map and Zoning Ordinance
^~ as to classify Lots 1, 2 and 3 of
Block 5 Rolling Ridge Subdivision
No. 2 in the City of Dubuque as
Local Business District A. No writ-
ten objections were filed and no
objectors were present in the
Council Chamber at the time set
foe the public hearing.
ovember 2, .1959 479
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,
ORDINANCE, N0. 56.59.
An Ordinance Amending Ordi•
nonce No, 3.34 known as the Zon•
ing Map and Zoning Ordinance of
the City of Dubuque, so as to clas•
sify the herein described property
as Local Business District A, said
Ordinance having passed an first
reading on October 5, 1959, pre•
sented for Final Adoption,
ORDINANCE N0. 5bS9
An Ordinance amending Ordinance
No, 3.34,, known as the Zoning Map
and Zoning Ordinance of the City of
Dubuque, so as to classify the herein
described property as Local Business
District A.
Whereas the Planning and Zoning
Commission has filed its report rec•
ommending the rezoning to Local Busi-
ness District A. Classification of the
hereinafter described property; and
Whereas a public hearing on the
question of such proposed rezoning
was held on the 2nd day of November,
1959, at 7:30 o'clock P.M„ at the Clty
Hall in Dubuque, Iowa, pursuant to due
and legal notice, and all parties in
interest, and all citizens, were given
an opportunity to be heard at said
hearing; and
Whereas the City Council deems such
amendment to the Zoning Map and the
Zoning Ordinance to be necessary and
proper;
Now, therefore, be it Ordained by
the City Council of the City of Du•
buque:
Section 1, That the Zoning Map and
the Zoning Ordinance of the City of
bubuque, known as Ordinance No. 3.34
be and the same are hereby amended
and changed as Follows:
By classifying as Local Business Dls•
trict A, lots 1, 2 and 3 of Block 5,
Rolling Ridge Subdivision No. 2.
Section 2, This Ordinance shall be In
full force and effect from and after its
final passage, adoption and publica~
tion as by law provided.
Introduced the 5th day of October,
1959.
Rule requiring reading on three sepa•
rate days suspended by unanimous
vote the 5th day of October, 1959.
sassed, by recorded roll call vote
'adopted and approved this 2nd day ois
November, 1959,
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELD
PETER J. TAKOS
Councilmen
Attest:
LEO F, FROMMELT
City Clerk
Published officially in the Telegraph~
Herald Newspaper this 6th day of No•
vember, 1959.
LEO F, FROMMELT
City Clerk
1t, 11.5
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480 Regular Session, November 2, 1959
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,
Proof of Publication, certified
to by the Publisher, of Official
Notice of public hearing on Ordi-
nance No. 57-59 an Ordinance
Amending Ordinance No, 3-34
known as the Zoning Map and
Zoning Ordinance so as to classi-
fyLotloflofloflof2ofl
of 2 of 1 of 1 of Mineral Lot 67;
Lot2of2afloflof2oflof2
of 1 of 1 of Mineral Lot 67; Lot
1 of i of 2 of l of 1 of Mineral
Lot 67; Lot 2 of 13 of Thomas E,
Byrne's Suadivision in the City
of Dubuque as Multiple Family
Residence District classification,
presented and read.
Na written objections were filed
and no objectors were present in
the Council Chamber at the time
set far the public hearing,
Councilman Freund moved that
the proof of publication be re-
ceived and. filed, Seconded by
Councilman Schleller. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Ft•ettnd, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NA, 57.59
An Ordinance Amending Ordi-
nance No. 3.34, known as the Zon-
ing Map and Zoning Ordinance of
the City of Dubuque, so as to clas-
sify the herein described. property
as Multiple Family Residence Dis-
trict;,;said Ordinance having been
passed on first reading on October
5, 1959, presented for Final Adop-
tion,
ORDINANCE N0. 57.59
An Ordinance amending Ordinance
No, 3.34, known as the Zoning Man
and Zoning Ordinance of the City of
Dubuque, so as to classify the herein
described property as Multiple Family
Residence District:
Whereas the Planning and Zoning
Commission has filed its report recom•
mending the rezoning to Multiple Fam-
ily Residence District of the herein-
after described property; and
whereas a public hearing on the
question of such proposed rezoning
was held on the 2nd day of November
I959, at 7:30 o'clock p,m., at the City
Hall in Dubuque, Iowa, pursuant to due
and legal notice, and all parties In
interest, and all citizens, were given
an opportunity to be heard at said
hearing; and
4vhereas the City Council deems
such amendment to the Zoning Map
and the Zoning Ordinance to be nec-
essary and proper;
Notg therefore, be it Ordained by
the City Council of the City of Du•
buque:
Section 1, That the Zoning Map and
the Zoning Ordinance of the City of
Dubuquo, Known as Ordinance No.
3.34, be and the same are hereby
amended and changed as follows;
By classifying as Multiple Family
Rcsidence District Lot 1 of 1 of 1 of
1 of 2 of 1 of 2 of 1 of 1 of Mineral
Lot 67; Lat 2 of 2 of 1 of 1 of 2 of 1
of 2 of 1 of 1 of Mineral Lot 87; Lot
1 of 1 of 2 of 1 of 1 of Mineral Lot
87. Lot 2 of 13 of Thomas E. Byrnes
Subdivision.
Section 2, This Ordinance shall be in
full force and effect from and after
lts final passage, adoption and publica•
~tion by law provlded.
Introduced the 5th day of October
1959,
Rule requiring reading on three sepa-
1•ate days suspended by unanimous vote
the 5th day of October 1959,
Passed by recorded roll call vote,
adopted and approved this 2nd day of
November 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A, FREUND
LEO N,SCHUELLER
CLARF,NCE P. WELU
PETER J, TAKOS
Councilmen
Attest: LEO F. FROIVIMELT
City Clerk
Published offYcially in the Telegraph•
Herald newspaper this 6th day of No-
vember 1959.
LEO F. FROMMELT
City Clerk
it, 11.8
Councilman Welu moved the
adoption of the Ordinance, Sec-
onded by Councilman Takos, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None..
Communication of R, F, Sefzik,
on which action was deferred at
a previous meeting, stating various
objections to the twenty minute
parking in restricted alleys, pre•
rented and read,
Councilman Freund moved that
the communication be received
and filed, Seconded by Council-
man Takos, Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Mr. Harold Hoppman of 2224
Grace Street, representing the
common carriers of the City of
Dubuque, addressed the Council
as to restricted and limited time
parking in the downtown alleys,
aftel• a proposed Ordinance was
'.`-
Regular Session, November 2, 1959 481
read for the second time. He
thought it would be well if further
consideration could be given by
sitting down and talking it over
before adopting the ordinance.
Councilman Freund moved to
delay action indefinitely pending
a meeting with truckers and re-
tailers, Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
ORDINANCE N0, 60.59
An Ordinance Amending Ordi-
nance No. 33-49, known as the
Traffic Code of the City of Du-
buque, by Adding a new Section
16,36 thereto, presented and read.
Councilman Schueller moved that
the reading just had be consid-
eyed the first reading of the Ordi-
nance. Seconded by Councilman
Welu, Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days, Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Count
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. dD•59
An Ordinance Amending Ordinance
No. 33.49, known as the Traffic Code
of the City of Dubuque, by adding a
new Section 16.36 thereto.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE;
Section 1-That Ordinance No. 33.49
kuotvn as the Traffic Code of the City
of Dubuque, be and the same is here-
by amended by adding a new section
16.38 thereto, as follows:
"18,38~After signs have been erected
giving notice thereof, rt shall be unlaw•
ful to park any vehicle on Tuesday,
between the hours of 8 A.M. and 12
noon, on both sides of Rhomberg Ave-
nue from East Twentieth Street to
Windsor Avenue,"
Section 2, This Ordinance shall be
in full force and effect from and after
its final passage, adoption and publi•
cation as by law provided,
Introduced the Znd day of November,
1959,
Rule requiring reading on three sepa-
rate days suspended by unanimous vote
the 2nd day of November, 1959,
~'
recorded roll call vote,
ipproved this 2nd day of .~
DES A, KBNTZINGER
Mayor
iF d FRFTiNII
PETEn a, Tenon
Councilmen
Attest: LEO F, FROMMELT:
City Clerk -
Published officially m the Telegraph•
Herald Newspaper this 8th day of No•
vember 1959,
LEO F. FROMMELT
City Clerk..
lt. 11.8
Councilman Schueller moved
the adoption of the Ordinance. Sec-
onded by Councilman Welu, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0. 61.59
An Ordinance Amending Ordi-
nance No. 33.49, known as the
Traffic Code of the City of Du•
buque, by Adding new Sections 1-h
and 4•b to Schedule I thereof,
presented and read,
Councilman Schueller moved
that the reading just had be con-
sidered the first reading of the
Ordinance. Seconded by Council-
man Freund. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Schueller moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days. Seconded
by Councilman Freund, Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0. dt•59
An Ordinance Amending Ordinance No,
33.49, Known as the Traffic Code of
the City of Dubuque, by Adding new
Sections 1-h and 4•b to Schedule I
thereof,
BE IT ORDAINED BY THE CITY
COUNCIL bF THE CITY OF DU•
BUQUE:
Section 1. That Schedule I of Ordi•
nonce No, 33.49 known as the Traffic
Code be and the same is hereby amend-
ed by adding a new Section 1•h thereto
as follows:
`1•h Terminal 'Street from Jones
Street to First Street;'
Section 2, That Schedule I of Ordi•
nonce No. 33.49, known as the Traffic
Code be and the same is hereby
amended by adding a new Section 4•b
thereto as falloWS:
9~
l
I~ II
u
482 Regular Session, November 2, 1959
"4~b East First Street from Water
Street to Terminal Street °'
Section 3, That Ordinance No, 50.59
be and the same is hereby repealed.
Section 4. This Ordinance shall be
in full Force and effect from and after
its final passage, adoption and publi•
ca~n~roduceyd the 2nd day~of November,
1959,
Rule requiring reading on three sepa•
rate days suspended by unanimous vote
the .2nd day of November, 1959.
adopted and app cued thisl2ndlday of"
~ November, 1959,
CHARLES A, KINTZINGER
GEORGE A~FREUND
LEO N, SCHUELLER
CLARENCE P, WELU
PETER J, TAKOS
Councilmen
Attest;
LEO F. FROMMELT
Published officially in the Telegraph'
Herald newspaper this 6th day of No•'
vember 1959.
LEO F. FROMMELT
City Clerk
lt. u•s
Councilman Schueller moved the."
adoption of the Ordinance, Second'
ed by Councilman Freund, Carried.
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
October 23, 1959:
Honorable Mayor and
Members of the City Council;
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim'.
of Patrick O'Brien for damages to'
his motor vehicle when he ran
into an open manhole on Clark!
Street September 26, 1959, and
make the following report..
Claimant drove into the. man-
hole because he failed to see it.'
There is nothing to indicate that
the cover .was off long enough
that the City knew or should have
known of this condition,
However, it appears that this.
cover frequently comes off when
there are heavy rains and the'
question, therefore, is whether the
City was negligent in not instal-
ling acover that would not came
off, T am advised by the Street
Superintendent that this manhole
serves a storm sewer, which, like
so many in the City, develops a
great pressure during heavy rains
because of the grade of the street.
When this pressure builds up to
where it is more than the sewer
can handle something must give .
acid the manhole cover acts as
sort of a relief valve, If the cover
were secured so that it would not
pap off then the street would blow
up.
This method of handling the
problem is common throughout
the City and in other cities in this
area.
It appears to me, therefore, that
the City was not negligent in us-
ing the manhole for a relief valve
and I recommend. that the claim
be denied,
Respectfully submitted,
T, H, NELSON
Councilman Freund moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Notice of personal injury claim
of Jane Kuse, in an unnamed
amount, far injuries received in
the crosswalk in front of Dubuque
Senior High School, on September
26, 1959, presented and read,
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman Ta-
kos, .Carried by the following
.vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Notice of claim of H. R, Glab, in
the amount of $23.00, for a cut tire
as the result of striking a sharp
.concrete curb at 1655 N. Algona
street, presented and read. Coun-
cilman Freund moved that the
claim.. be referred to the City So-
licitor for investigation and report,
Seconded by Councilman Welu,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Talcos,
Welu.,
Nays-None.
Notice of claim of Peter E,
Courtade of 2235 Hoyt Street, in
an unnamed amount, for damage
to his property as the result of
blasting done by Saffron Construc-
tion Co, while constructing N;
Grandview Avenue Extension, pre-
sented and read, Councilman
Regular Session, November 2, 1959 483
Freund moved that the claim be
referred to the City Solicitor for
investigation and report, Seconded
by Councilman Schueller. Carried
by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Petition of Plumbers & Fitters
Local No, 66 requesting minor
changes in the Plumbing Ordi-
nance No. 21-55 to benefit licensed
plumbers because the present or-
dinance sections 15 and 16 jeop•
ardizes the apprenticeship pro-
gram and allows the licensed jour-
neyman to take out permits and
do plumbing, presented and read.
Councilman Schueller moved that
the petition be granted 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.
Petition of Adams Realty Corpo-
ration requesting permission to re•
place the wooden steps and porch
at the rear of 756 Main Street, with
concrete, said building now occu-
pied by the Walker.. Shoe Store,
presented. and read. Councilman
Takos moved that the petition be
granted subject to qualifications
required by the City Manager and
drawing up of proper proceedings,
Seconded by Councilman Welu.
Carried by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None:
Petition of Muscular Dystrophy
Associations of America Inc,, Iowa
Chapter, requesting permission to
call on homes Sunday P, M. No-
vember 22nd for contributions to
MDA and the placing of cannisters
in commercial establishments, pre•
sented and read. Councilman Ta-
kos moved that the petition be
granted providing they comply
with State Law, Seconded by Ma•
yor Kintzinger, Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
:Petition of Harvey Hanson of
2911 Jackson Street, requesting ac-
tion to consider a personal prob-
lem which he feels the City is
responsible for, presented and
read, Mr, Hanson addressed the
Council and stated that the con-
crete siding on his home is crack-
ing because of the heavy truck
traffic traveling over the rough
and irregular street in front of
his property.
Councilman Schueller moved
that the petition be referred to
the Council to view the grounds,
Seconded by Councilman Freund,
Carried by the following vote:.
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Lloyd I)alsing re-
questing permission to construct a
six-inch water 'main on Jackson
Street outside of the City Limits
tq'run in a westerly direction to
serve a new commercial motel to
be erected on Lots' 86, 87, 88, 89,
94, 95, 96' & 97 in Linehan Park
Addition, presented and read,
Councilman Freund moved that
the petition be referred to the Gity
Manager and Water Department.
Seconded by Councilman Takos.
Carried by the. following vote;
Yeas-Mayor.. ;Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Mettel Realty & In-
vestment Ca. requesting the vaca-
tion of the easterly 8' more or less,
of Heeb Street and convey the par-
tion abutting the southerly 36'10"
of Lot 6 of the Sub. of O.L, 675 to
Mettel Realty & Investment Co.,
as record title holder, on behalf
of Lavonne Kennedy, presented
and read. Mayor Kintzinger moved
that the., petition be-.referred to
the Planning & Zoning_ Commis-
sion, Seconded by .Councilman
Schueller, Carried by the follow-
ing vote:..
Yeas-Mayor Iintzinger, Coun•
cilmen' Freund; Schueller, Takos,
Welu.
.Nays-None,
Petition of Francis G. O'Toole
requesting a refund of $50.00 on
the. unused _portion of cigarette
License Nol 167, as he has discon-
,-~:.
11.
484 Regular Session, November 2, 1959
tinued business, presented and
read, Councilman Welu moved
that the petition be granted and
the Auditor instructed to issue a
warrant payable to Francis G.
O'Toole, in the amount of $5(1,00,
to cover the amount due on the
unexpired portion of cigarette li•
sense No. 167, Seconded by Coun•
cilman Takos, Carried by the fal•
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Sehueller, Takos,
Welu.
Nays-None.
Proof of Publication, certified
to by the Publisher of Notice of
time and place of hearing on pro-
posal to dispose of real estate be-
ing vacated Keppler Street and
now platted as E,r/z of Lot 15 and
W'/z of Lot 14 both in Littleton
& Sawyer's Addition in the City
of Dubuque to Neil Lutes, present-
ed and read.
No written objections tivere filed
and na objectors were present in
the Council Chamber at the time
set for the public hearing.
Councilman Welu moved that
the proof of publication be re-
ceived and filed, Seconded by
Councilman Sehueller. Carried by
the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Sehueller, Takos,
Welu.
Nays-None,
RESOLUTION N0.237.59
Whereas, the City Councit of
the City of Dubuque has hereto•
fore, by Ordinance No. 39.59, va•
sated Keppler Street in Littleton
and Sawyer's Addition, and ap-
proved aplat thereof assigning a
designation thereto of the East ~Z
of Lot 15 and the West '/z of Lot
14, both in Littleton and Sawyer's
Addition in the City of Dubuque,
Dubuque County, Iowa; and
Whereas Neil Lutes has pro-
posed to purchase said vacated
Keppler Street for a total purchase
price of forty dollars ($40); and
Whereas, the City Council has
considered said proposal and de-
termined that it is in the best
public interest that the same be
accepted; and
Whereas at a public hearing
held 2nd day of November, 1959,
pursuant to notice published in the
Telegraph Herald October 14,
1959 and October 21, 1959, the
City Council has determined that
said proposal should be accepted;
NOW THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
Section 1, That all the right,
title and interest of the City of
Dubuque in and to the East ~Z of
Lot 15 and the West ~/z of Lot 14,
both in Littleton and Sawyer's Ad-
dition in the City of Dubuque, Du-
buque County, Iowa, be and the
same is hereby conveyed to Neil
Lutes, and that Mayor and City
Clerk be and they are hereby au-
thorized and directed to execute a
quit claim deed conveying all
right, title and interest of the City
of Dubuque in and to said real
estate to Neil Lutes, subject to
easements for public utilities now
in place, and to deliver the same
upon receipt of the sum of forty
dollars ($40);
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office of
the County Recorder of Dubuque
County, Iowa,
Passed, adopted and approved
this 2nd day of November, A.D.
1959, after public hearing, by re-
corded roll call vote,
CHARLES A, KIlVTZINGER
Mayor
GEORGE A, FREUND
LEO N. SCHUELLER
CLARENCE P, WELU
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
This certifies that on the 16th
day of November, 1959, Neil Lutes
paid the City of Dubuque forty dol•
lays in accordance with the pro
visions of the Foregoing Resolu-
tion.
LEO F, FROMMELT
City Clerk
Councilman Schueiler moved
the adoption of the resolution, Sec-
onded by Councilman Freund, Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Sehueller, Takos,
Welu,
Nays-None,
,f
Regular Session, November 2, 1959' 485
RESOLUTION N0.238.59 CLASS'B" PERMIT
BE IT RESOLVED by the City FOR PRIVATE CLUB
Council of the City of Dubuque American .Veterans of World War.
that the following, having com• II, Dubuque Post No. 3, 429 Main
plied with the provisions of law Street
relating to the sale of cigarettes Veterans of Foreign Wars, Gerald
within the City of Dubuque, be F, Winters, Post No. 9803, 2203
granted a permit to sell cigarettes Carter Road
and cigarette papers within said
adopted and approved
Passed
City.
Norbert G, Tigges, 2774.2776 Jack• ,
this 2nd day of Novembor, 1959.
son Street CHARLES A. I{INTZINGER
Thomas Folsom, 280 Main Street Mayor
BE IT FURTHER RESOLVED GEORGE A. FREUND
that the bonds filed with the ap- "LEO N. SCHUELLER
plications be approved, CLARENCE P. WELU
Passed, adopted and approved r~r~R J. TAKOS
this 2nd day of November, 1959. Councilmen
CHARLES A. KINTZINGER Attest: LEO F,' FROMMELT
Mayor City Clerk
GEORGE A, FREUND
LEO N. SCHUELLER Councilman Takos moved the
CLARENCE P. WELU adoption of the resolution. Second-
PETER J. TAKOS ed by Councilman Welu. Carried
Councilmen by the following vote:
Attest: LEO F, FROMMELT Yeas-Mayor Kintzinger,': Coun•
City Clerk cilmen Freund, Sehueller, Takos,
Councilman Takos moved the Welu
adoption of the resolution. Second• Nays-None.
ed by Councilman Welu, Carried RESOWTION N0.240.59
by the following vote:
Yeas-Mayor Kintzinger, Coun- WHEREAS, heretofore applica•
Beer, Permits were filed
for
tians
cilmen Freund, Schueiler, Talcos, a
.
by the within nomad applicants
Welu.
Nays-None, and they have received the ap•
proval of this Council; .and
RESOLUTION N0.239.59 WHEREAS,' the premises'to' be
WHEREAS, applications for occupied by such applicants were
Beer Permits have been submitted inspected and found to'complywith
to this Council for approval and the ordinances of this City and
the same have been examined: they have filed proper bonds: NOW,
Now, Therefore, THEREFORE,
BE IT RESOLVED by the City BE IT RESOLVED by the City
Council of the City of Dubuque Council of the City of Dubuque
that the following applications be that the Manager be and he is di•
granted and licenses be issued
on the compliance with the
u rested to issue to the following
p
terms of the ordinances of this named applicants a Beer Permit.
City. CLASS "B" PERMIT
CLASS "B" PERMIT Name Address
Elmer L, Thompson, 501 Rhom- Elmer L, Thompson, 501 Rhomberg
berg Avenue Avenue
Ray Nicks, 521 East 22nd Street Ray Nicks, 521 East 22nd Street
Vincent E. TeeIing, 115 East 22nd Vincent E. Teeling, 115 East 22nd
Street Street
Norbert G. Tigges, 2774.2776 Jack• Norbert G. Tigges, 2774.2776 Jack•
son Street son Street
Alfred E. Hedley, 509 Eighth Ave- Alfred E. Hedley, 509 Eighth
nue Avenue
Jahn J, Beecher, 2399 White Street John J, Beecher, 2399 White Street
David L, Hickey, 107 Locust Street ,David L, hickey, 107 Locust Street
486 Regular Session, November 2, 1959
~, ~.u_ I i-
Regular Session, November 2, .1959 487
i CLA55 "B" PERMIT FOR
PRIVATE CLUB
American Veterans of World War (OFFICIAL)
II, Dubuque Post No. 3, 429
Main Street Regular Session November 2,1959.
Veterans of Foreign Wars, Gerald
- ~ F. Winters Post No. 9663, 2203 Board met at 9:00 P.M.
Carter Road Present Chairman Charles A. '
BE 1T FURTHER RESOLVED Kintzinger, Messrs. George A. '~
that the bonds filed by such appli• Freund, Leo N. Schueller, Clarence
cants be and the same are hereby P. Welu,.Peter J. Takos, Dr. A, J. {a
approved, Entringer.
Passed, adopted and approved There bein no business Mr.
g
this 2nd day of November, 1959. Clarence P. Welu moved that the
CHARLES A. KINTZINGER Board of Health meeting adjourn..
Mayor Seconded by Mr. Leo N. Schueller. ~
GEORGE A. FREUND Carried by the following vote:
LEON. SCHUELLER
CLARENCE P
WELD Chairman Charles A. Kintzinger,
.
rr,rr~R J. TAKOS Messrs.. George A, Freund, Leo N.
Councilmen. Schueller, Clarence P. Welu, Peter'
~
Attest: LEO F, FROMMELT, J. Takos,
City Clerk LEO F. FROMMELT,
Councilman Schueller moved the Clerk Board of Health
adoption of the resolutiott. Second-
ed by Councilman Welu. Carried by
the following vote: Approved ................................19........
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos, Adopted ...,~ ......:.......................19........
Welu.
Nays-None.
There being no further business
Councilman Freund moved to ad•
journ. Seconded by Councilman :....................... .........
Takos. Carried by the following
vote: Members
- Yeas-Mayor Kintzinger, Coun- of Board ~ ............................. ......
oilmen Freund, Schueller, Takos, of Health
WeIu.
- Nays-None. ......................................
LEO F. FRQMMELT
City Clerk..
' Approved ....,,. 19........
...,..,,.
_ Attest ................:.........................
Clerk, Board o! Health
+
Adopted . ....,..,. ...'.,....19.......,
v„ I
r
j Councilmen ..:;..... .......:. . ..... ,
i
Attest'„
City Clerk
a ' ~~ i
,,
E'
i,
i
r'
h.
cP`
488 Special Session, November 4; 1959
~~.
(OFFICIAL)
Special Session, November 4, 1959.
Council met at 7:30 P.M.
Present -Mayor Kintzinger,
Councilmen Freund, Schueller,
Takos, Welu. City Manager Schiltz.
Mayor Kintzinger read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
declaring the results of the Regular
Municipal Election held Novem-
ber 3,1959, and acting on any other
business as may properly come be-
fore aregular meeting of the City
Council.
Proof of Publication, certified to
by the Publisher, of Regular Mu-
nicipal Ballot showing candidates
for Councilmen and Park Commis•
sinners for the City of Dubuque,
Iowa, at the Regular Municipal
Election Tuesday, November 3,
1959, presented and read, Council•
man Schueller moved that the
proof of publication be received
and filed, Seconded by Councilman
Welu, Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund;. Schueller, Takos,
Welu,
Nays-None.
November 4, 1959
Tc the Members of
the City Council,
City Hall, Dubuque, Iowa.
Gentlemen:
In accordance with the provisions
of Section 50,21 of the 1958 Code
of Iowa, on November 4, 1959, we
made a public canvass of the elec-
tion returns of the Regular Mu•
nicfpal Election held on November
3, 1959, and herewith submit the
report of the results of said can-
vass,
Park
Councilman Commissioner
Regular Term Regular Term
('pv n r` n ro~ a
M' 9, u 9 ; ro ~... y
_ ~
"' o
•n ~° ~ ;x ~
y d fl ~ (D
~ ~ y W C ~
3' ~ ~ s m
m m ~ m "~
~ 9
1st 547 531 670 414 621 401 1145
2nd 490 420 b35 541 438 511 1104
1 write in vote Robert Horgan
1 write in vote Richard Henschel
3rd 253 290 332.179 216 253 659
4th 173 182 227 122 154 160 375
5th"'336'318 381.251 239 325' 694
6th' 503'513'621 465 395 517 1140
7th 114 139 142 102 79 147 273
8th 161 198 220 141 136 183 385
9th 133 216 237 112 127 165 367
lOth247 307 366 265 256 283 632
11th 235 304 401 243 208 311 633
12th 194 219 263 190 128 259 459
13th215.336 399.212.189 303 615
14th 410 398 538 346 332 420 891
15th 259 315 399 280 200 352 664
16th 306 350 454 366 285 371 792
2 write in votes Robert Horgan
TOTALS-
Cyril P. Frommelt ................... 4576
Louis Schaller ,,,,,,,,,,, ,,,,,,,,,,,,,, 5036
John P, Schreiber .................... 6185
Charles K. Bitterly .........:.::.:.:.' 4229
Robert W, Borley .............::.:'.::,: 4003
Fred W, Furhman .:............:.,. 4961
Total Votes. Cast ......................10728
We, Charles A, Kintzinger, May-
or of the City of Dubuque, Iowa
and Leo F. Frommelt, City Clerk
of the' City of Dubuque, Iowa, do
hereby certify that we publicly can-
vassed the election returns of the
REGULAR MUNICIPAL ELEC-
TION held on November 3, 1959
and find the following results;
NOMINATED BY GENERAL
ELECTION FOR COUNCH,MEN:
JOHN P. SCHREIBER ,.,.6185 votes
LOUIS SCHALLER ,.,,,.,,5036 votes
NOMINATED BY GENERAL
ELECTION FOR PARK
COMMISSIONER
FRED W, FUHRMAN ..,.4961 votes
TOTAL NUMBER OF VOTES CAST
10728
Respectfully submitted,
CHARLES A, KINTZINGER,
Mayor
LEO F. FROMMELT,
City Clerk
...
~'
Special Session, November 4, 1959 489
Councilman Freund moved that
the results of the canvass be receiv-
ed and made a matter of record.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0.241.59
WHEREAS, the Mayor and City
Clerk have heretofore pursuant to
the provisions of Section 50.21,
1958 Code of Iowa, met and canvas-
sed the returns of the REGULAR
MUNICIPAL ELECTION held in
the City of Dubuque, November 3,
1959 and certified the result of
their canvass to the City Council;
and
WHEREAS, the City Council has
examined said certificate and finds
that the following have been elect-
ed for the following offices;
COUNCILMEN FOR TERM
COMMENCING JANUARY 1, 1960
JOHN P, SCHREIBER
LOUIS SCHALLER
PARK COMMISSIONER REGULAR
TERM COMMENCING JANUARY
1, 1960
FRED W.FUHRMAN
SECTION 1. That JOHN P.
SCHREIBER and LOUIS SCHAL•
LER are hereby declared elected
to the office of Councilman of the
City of Dubuque for the terms com-
mencing on or before noon of the
second secular day of January 1960,
SECTION 2, That FRED W.
FUHRMAN is hereby declared
elected to the office of Park Com-
missioner for the regular term.
SECTION 3: That the City Clerk
be and he is hereby authorized and
directed to issue certificates of
election. to the foregoing individ-
uals for the respective offices to
which they have been elected.
Passed,, adopted and approved
this 4th day of November, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N, SCHULLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen
Attest; LEO F, FROMMELT,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Freund, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Councilman Schueller moved
that the Judges and Clerks and Ma-
chine Inspectors who served at and
before the Regular Municipal Elec-
tion on November 3, 1959, be paid
the amount of $10.00 each for
services rendered as Judges, Clerks
and Inspectors. Seconded by Coun-
cilman Welu. Carried by the fol-
lowing vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0, 62.59
An Ordinance Amending Ordin•
once No. 33.49, Known as the Traf-
fic Code of the City of Dubuque,
by adding a new Section 86 to
Schedule VI thereof, presented and
read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance,
Seconded by Councilman Takos,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days, Seconded by Coun•
cilman Takos, Carried by the fol•
lowing vote;
Yeas-Mayor Kintzinger, Coum
cilmen Freund, Schueller, Takos,
Welu.
Nays-None, ~.,~,
ORDINANCE N0, 62.59 i
An Ordinance. Amending Ordi-
Hance No. 33-49, known as the
Traffic Code of the City of Du-
buque, by Adding anew Sec-
tion 86 to Schedule VI thereof,
Be It Ordained By The City
Council Of The City Of Dubuque.
Section 1. That>Ordinance No.
33-49, known as the Traffic Code
of the City of Dubuque, be and
the same is hereby Amended by
adding a nett' section 86 to Sched-
ule VI thereof, as follows:
"SCHEDULE VI
86. The south side of Hil(creat
Road from Asbury Street to Avalon
Road."
I
i
'490 Special Session, November 4, 1959 Special Session, November 4, 1959 491
Section 2. Thi
s Ordinance shall
be in full fore
e and effect from
Section 1, That Sect,on 15 of
r •
0 mane
d e No. 21-55
be and the
oved the re nest be ranted if
q
g
r
surfacin a art of th i
e w dth Of
g p
and after its final passage, adop-
tion ana publication as by law pro- ,
same is hereby repealed ana the
following enacted in lieu thereof: ' no other way is available to con- Central Avenue from 20th to 32nd r
vided.
Section 15-Master Plumber's IG nett to the sewer and that all street Street, as the result of notification
Introduced the 4th day of No-
vember
1959 tense: That, except for the work 1'eplaCCmerit b0 SUbjOCt t0 the ap- fTOm the StatC Highway COmm1S-
,
,
Rule requiring reading on three described in section 22, no per-
son, firm or corporation shall en- proval of the City Manager and sion of their intention to resurface,
separate days suspended by anon-
te the 4th day of Novem-
u gage in installing in buildings
i
es
fi
t
h Engineering Department, Second- presented and read.
I i9 S
ber p
p
,
x
ures ana ot
er ap-
s
n ed by Councilman Schueller. Car- Councilman Freund moved that
Passed by recorded roll call vote,
adopted and approved thi
4th supply
and bemoving
Uquid and' tied b the followin Vote:
y g
the City Manager be 1nStrUCtCd to
s
day of November, 1969, water-carried wastes, in the
city of Dubuque, without First Yeas-Mayor Kintzinger, Coun- notify the highway department that
cxARLES A, I{INmzINGER
Ma
or having obtained a Master Ptnmb-
r'
Li cilmen Freund, Schueller, Takos, the City will participate in the pro-
y
GEORGE A. FREUND e
s
cense. The prohibition
contained in this section shall
Welu,
gram and to include all' the sur•
LEO N. SCHUELLER
CLARENCE P. WEL
U not apply to persons working
under the direct supervision of NayS-NGne, facing of Central Avenue in one
'i
PETER J. TAKOS
Councilmen
Att a master plumber, or to persons
working in accordance with the
Petition of Harold E. Rucks et prOjeCt, SeCOnded by COUriCllman
Schueller
Carried by the follow-
, est: Leo F. Fromme]t
City Clerk provisions of Section 12A." al requesting re-zoning of the area ,
ing Vote:
Published officially in The Tele-
graph-Herald Newspaper this 9th Section 2, That Section. 16 of
Ordinance No. 21.55 be and the In the fourteen hundred block
fTG'riting on Dodge S1TCet On the yeas-Mayor Kintzinger, CGUn-
day of November 1959,
LEO F
FROMMELT following enatedrinelieu the e t e
" north side from Alpine to Nevada cilmen Freund, SC11Ue11'eT, TakOS,
,
1t. 11/9
City Clerk Section 16-Employment of Li•
tensed Plumber; That no person,'
$tTeet from tW0 famlly TCSIderiCe WeIU.
Nays-None
COUriCllman FTOUnd 1nOVed .the
firm or corporation shall employ
any person to engage in the art
dlStriCt t0 mU1tIp1C famlly TCSI- .
adoption of the Ordinance. Second- of installing in buildings the dente district classification, and There being no further business
ed by Councilman Takos. Carried pipes, fixtures ana other appar-
atus for bringing in the water aISO requesting that this area be Councilman Welu moved to ad•
i
by the follOWtrig Vote:
supply and removing liquid and included in the special listing of journ. Seconded by Councilman
Yeas-Mayor Kintzinger
Coun- water-carried wastes unless the
person so employed is a licensed the multiple residence district Takos. Carried by the following
,
Cllmen Fl'eUnd Schueller TakOS
'
master plumber. The prohibition classification that allows profes• vote:
~ ~
WeIU, contained in this section span
not apply to li
ens
d
t sional offices, presented and read. Yeas-Mayor I{intzinger, CGUn•
Nays-None,: c
e
mas
er
plumbers or to firms or torpor- Councilman Freund moved that the
cilmen Freund, Schueller, Takos,
ations licensed under sectton'
12A
~ petition be referred to the Plan• Welu,
ORDINANCE N0. 63.59 .
n ~
~s ning & Zoning Commission, Sec- Nays-None.
An Ordinance Amending Ordin• be i
full fo ce
and effect from
and after tts final passage, aaop- Grided by COUriCllmari TakOS, Cal'-
tied by the following vote:
LEO F, FROMMELT,
ante No, 21.55, knovrn as the
Plumbing Ordinance of the City of lion ana publication as by law-
print oau
~ Yeas-Mayor Kintzinger, Coun• City Clerk
Dubuque, by Repealing Sections 15 cea the 4th aay of Nov.
ember, is5s, cilmen Freund, Schueller, Takos,
and 16 thereof, and Enacting a Sub•
separa
e days au
pendea by un ne Welu,
Approved
19
~
stitute therefor, presented and t
s
imous vote the 4th aay of Novem- Nays-None. ................................
...,.,,,
read.
Councilman Schueller moved bet, 1s5s.
Passed by'recorded roll call vote,
adopted ana approved this 4th aay' Communication of American Mu-
nicipal Association submitting a Ado
pted ,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,19....,.,,
r ' that the readin ust had be con-
g j of November, ls6s,
resolution on Amendment to the
~
sidered the first readin of the
g
cxARLES A, xJNTZtNGER,
Constitution of the Association ,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, ,,,,
'
Ordinance. Seconded by Council- Mayor
GEORGE A. FREUND pertaining tc the size of the Execu-
man Takos, Carried by the follow- crE,n°REricE PE wEiu live Committee, presented and
ing vote: PETER J. TAKOS, read. Mayor Kintzinger moved that
Yeas-Mayor Kintzinger, Coun•
cilmen. Freund Schueller Takos Councnmen:
Attest: LEO F. P+ROMMELT, the Council vote yes on the amend-
~
Councilm
Welu,
city clerk,
'
ment. Seconded by Councilmen en ,,,,,,,,,,,,,,,,,,,,,,,,
,,, ,,.,,
~ Pubiished
offictauy in The Tole- Schueller, Carried by the following
NayS-Norle. graph-Herald newspaper this 9th
day of November 1969 VOte:
COUriCilman SCl]Ue11eT mOVed ,
LEO F. FROMMELT,
Yeas-Mayor Kintzinger, COUn-
"""""""""""""""""""
that the rules be suspended requir- 1t. 11-9 City Clerk.
cilmen Freund, Schueller, Takos,
ing an Ordinance to be read on
Councilman Schueller moved the Welu.
three separate days, Seconded by
adoption of the Ordinance, Second-
Nays-None. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
'
-- Councilman Takos, Carried by the ed by Councilman Talcos. Carried Attest :
folldwing vote:
by the following vote: Mayor Kintzinger moved that a ...............................................
Yeas-Mayor Kintzinger, Coun-
Yeas-Mayor Kintzinger
Coun- letter be sent to the Councilmen City Clerk,
~
cilmen Freund, Schueller, Takos, ,
cilmen Freund
Schueller
Takos elect to invite them to the remain-
i
e
Welu. ,
,
,
Welu ing Council m
etings of th
s year,
Nays-None. ,
Nays-None
Seconded by Councilman Takes.
, Carried by the following vote;
~ ORDINANCE No. 63.59 Petition of Durrant & Bergquist Yeas-Mayor Kintzinger, Coun-
An Ordinance Amending oral-
nonce No. 21-55, I{nown as the requesting permission for Mr, cilmen Freund, Schueller, Takos,
ny
q Ordi
u
e
c
PUth, P1Umlllrig COntraCtoT
at the j'UC1U.
b
of
Dubu
Repealing
Se
lions 15 and 16 thereof, and En• ,
JeffeTSOn Jr, Hlgh SCh001 t0 Con- NayS-NOne,
acting a substitute therefor.
°
D nett the new sanitary sewer into Communication of City Engineer '
C1mY cou]
vclL oF
TaE CITY the manhole on Eagle Street, pre- Cullen showing an estimate of cost,
~', of DuauQuE, zowA; sented and read, Mayor Kintzinger in the amount of $7845,00, for re•
r- 3
i
492 Special Session, November 23, 1959
~~
(OFFICIAL)
Speciat Session November 23, 1959.
Council met at 7:30 P,M.
Present -Mayor Kintzinger,
Councilmen Freund, Schueller,
Takos, Welu, City Manager Schiltz.
Mayor Kintzinger read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
considering a resolution amending
allocation of funds and also setting
a date for a public hearing to
amend the current budget as ap•
proved by .resolution No. 167.58
and Ordinance No, 1.59 and also
acting on any other business as
may properly come before a regu-
lar meeting of the Council,
Communication of Dubuque Mu-
nicipal Airport requesting the
Council to amend the 1959 Airport
Budget from $70,380.00 to $73;
000.00, presented and read. Coun-
cilman 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.
A proposed resolution for trans-
fer of Trust and Agency, Dock•
Industrial Park Land Sales Fund to
Dock-Municipal Enterprise Fund,
in the amount of $28,000,00 was
presented and read. City Manager
Schiltz informed the Council that
he received a phone call from the
Dock Commission asking that the
$10,000.00 payment made by Har•
nischfeger also be turned over to
them, Mayor Kintzinger moved that
a meeting be held with the Dock
Commission before the regularly
scheduled meeting of December
7th to review their financial pic-
ture. Seconded by Councilman
Freund. Carried by the following
vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
November 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
In order that the detailed ex-
penditures in the General, Street,
Street Road Use Tax, Public Safety
and Recreation-General Funds will
be in accordance with the actual
expenditures, I recommend that
the City Council approve the re-
allocation of detailed items with-
in the functional funds as appro•
priated in Ordinance 1-59 and as
listed in the attached resolution,
There are adequate funds avail-
able in each of the above func•
tional Funds as appropriated by
the City Council in Ordinance No.
1.59, however, during the year,
there were changes made within
the funds that resulted in over-
expending some items within the
fund.
In the General Fund there are
some minor changes of various
items, however, the main one is
the City Manager's Office with
the increase due to an increase
of personnel that was not antici-
pated at the beginning of the year.
There is also an increase for the
City Election expense and the Civil
Servico Commission. The decrease
is in the Capital Improvement
Fund to take care of these other
increases,
In the Street and Street Road
Use Tax Funds, these adjustments
along with the budget amendment,
will take care of the additional
costs of snow removal, street re-
pairing and street construction
that was necessitated by the severe
winter and also by action taken
by the City Council for improving
the street construction program.
Under the Public Safety Fund,
there is a small adjustment be-
cause of expenditures in the Police
Court due to police court costs.
There is adequate funds in the
overall Public Safety Fund to take
care of this increase,
In the Recreation•General Fund,
in order to authorize the increase
in expenditures due to the opera-
tion of the swimming pool, it is
necessary to make an adjustment
in this Fund, There is adequate
appropriation in the Indoor Ree-
Special Session, November 23, 1959 493
nation Program to take care of
this.
Respectfully submitted,
L, J. SCHILTZ
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved, Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmne Freund, Schueller, Takos,
Welu,
Nays-None.
RESOLUTION N0.242.59
Amending Allocation of Funds.
WHEREAS, the City Council of
the City of Dubuque allocated
funds within the General Fund,
Street Fund, Street Road Use Tax
Fund, Public Safety Fund, and
Recreation Fund on January 5,
1959 and
WHEREAS, Paragraph 3 of Sec-
tion 5 of the Acts of the Fifty
fourth General Assembly provides
that the City Council may amend
the allocation of funds within the
functional funds by resolution,
therefore,
Be It Resolved that the alloca•
tion of funds within. the General
Fund, Street Fund, Street Road
Use. Tax Fund, Public Safety Fund,
and Recreation Fund are hereby
amended by the following changes;
GENERAL FUND
Item 102-City Manager's Office
from $35,215.00 to $37,940A0.
Item 103-City Clerk's Office from
$11,229,50 to $11,554.50.
Item 105-City Treasurer's Office
from $11,195.00 to $11,445,00.
Item 106-City Solicitor's Office
from $12,520.00 to $12,620,00.
Item 113-City Elections from
$2,753.00 to $3,403,00.
Item 116-Civil Service Commis-
sion from $350.00 to $450,00,
Item 160-Capital Improvement
from $20,000,00 to $15,850.00.
STREEY FUND.
Item 141-Snow Removal from
$36,625.00 to $50,125.00.
Item 161-Bridge and Viaduct
Constructions from $10,000,06
to $500,00,
Item 162-City Share Special
Street Tax from $10,000.00 to
$6,000,00.
STREET ROAD USE TAX
Item 132-Street. Repairing and
Grading from $145,000.00 to
$153,940.00. ,
Item 135•J-Street- Construction
from $74,000,00 to $65,060.00.
PUBLIC SAFETY FUND.`....
Item 115-Police Court. from
$14,178.00 to $14,953.00.
Item 119.-Fire Aepartment from
$401,513;00 to $40p,738,OD,
RECREATION GENERAL'FUND
Item 145-D-Indoor Recreation
from $10,025,00 to $8,215,00.
Item 145•E-Swimming Pool from
$16,475.00 to $18,285,00,
Passed, adopted and approved
this 23rd day of November, 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 Welu, Carried
by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
November 20, 1959
To the Honorable Mayor
and City Council - '
Dubuque, Iowa
Gentlemen.
At the time the 1959 Budget
was prepared and approved by the
City Council, the expenditures list-
ed under several funds did not in-
elude the amount of money nee-
essary to carry out the programs
thst have during the year received
the approval of this Council.
Because of the added cost of
snow removal in the amount of
approximately $40,000.00, and
street repairing and grading in
the amount of $53,000,00, it will
be necessary to increase the au-
t4orized budget in these funds.
The amount needed is included in
unencumbered. balances that we
had available and in gnappropriat•
ed additional revenue that has be-
come available during the year.
In the Municipal Enterprise
Fund, the Airport Commission has
,'
i
i
i
'~
I
t`
494 Special Session, November 23, 1959
requested the Council to amend
the budget to include an expendi•
tore of $2610.00 to be appropriated
from revenue that they have re•
ceived over and above what they
estimated for 1959, and it was
necessary for the snow removal
operations and airport mainte•
nonce operations on the runways
because of the terrific winter.
Under the Dock Commission, the
Council had previously given per•
mission to the Dock Commission
to use the unexpended balance
available at the end of the year
and the additional funds that
would be acquired during. the year
such as the. $28,000.OD from St.
Regis Paper: Company for the de•
velopment of Area A.
Under the Recreation Fund, the
increase in the budget is covered
by unencumbered balance that is
available and the unappropriated
revenue that they have derived
from the operation of the recrea-
tional facilities, mainly the swim-
ming pools,
The other. adjustments are in
the Iowa .Public Employees Re•
tirement .System, Federal Social
Security, Police Retirement Fund
and Fire Retirement Fund, Ade-
quate. funds are available in un•
encumbered balance to cover these
expenditures which are the city's
portion. of Federal Social Security
and Iowa Public Employees Re•
tirement System, In the Police Re•
tirement Fund and the Fire Re-
tirement Fund, the money was
used to purchase government
bonds. as investments rather than
leave this money stand idle' in
these funds.
I' recommend that the' amended
budget, as submitted, be approved
in order that the total expendi•
tares in these funds, as have pre-
viously:.. been approved, will not
be in excess of those in the ap•
proved budget.
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, Takes,
Welu
Nays-None.
ORDINANCE N0. b459
An Ordinance Amending Budget
as approved by Resolution No.167-
58 and Ordinance No, 1.59, pre•
sented 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-
cilman Freund, Schueller, Takes,
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~
cilmen Freund, Schueller, Takes,
Welu.
Nays-None.
Councilman Freund moved that
a public hearing be held on the
Ordinance on December 7th, 1959,
at 7:30 P.M, in the Council Cham-
ber at the City Hall and that the
City CIerk be instructed to pub-
lish notice of the hearing in the
manner required by law. Seconded
by Councilman Welu. Carried by
the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Frank L.
Wagner submitting his resignation
as a member of the Board of Dock
Commissioners, presented and
read, Councilman Schueller moved
that action on the communication
be deferred until the regularly
scheduled meeting of December
7th, 1959, Seconded by Council-
man Welu. Carried by the follow-
ing vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takes,
Welu.
Nays-None.
Communication of H i 11 c r e s t
Builders Inc., addressed to the Wa-
ter Department, expressing their
intention to purchase pipe and fit-
tings for the construction of a
proposed'main extension lying just
west of the City Limits on Penn-
sylvania Avenue, presented and
read; Councilman Freund moved
that the communication be re•
Special Session, November 23, 1959 495
ceived and filed. Seconded by
Councilman Takes. Carried by the
fallowing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
CERTIFICATION OF ELECTION
STATE OF IOWA
COUNTY OF DUBUQUE
SS:
I, D, B, Graves, of Dubuque,
Iowa, Business Manager of Du-
buque Baseball Inc,, Dubuque,
Iowa, having been first sworn to
-oath, do depose and state as fol-
lows;
That on the 3rd day of Novem•
her, 1959, at the General Election
held in the City of Dubuque,
Iowa, voters of said City of Du•
buque voted on the following ques-
tion;
"Should the City of Dubuque
hold an election for a bond
issue for the purpose of con•
strutting a new baseball
park?"
Thaf the vote on said question
was as follows;
YES .:..........................6,956
NO ..............................3,OD5
Dated this 13 day of November,
1959,
D, B. Graves
Subscribed and sworn to this
13th day of November, 1959.
Robert M. Bertsch
Notary Public in and for
Dubuque County, Iowa
(Notarial Seal)
Councilman Freund moved that
the certificate be .received and
made a matter of record. Seconded
by Councilman Takes. Carried by
the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takes,
Welu.
Nays-None,
November 17, 1959
Honorable Mayor and Members.
of the City Council,
City of Dubuque, Iowa
Gentlemen;
I herewith hand you Quit Clairn
Deed of Harnischfeger Corporation,
properly recorded, in which Har•
nischfeger released to the City of
Dubuque all of their interest in
Area "B",
Sincerely,
T. H. NELSON
Councilman Freund moved that
the deed be received and made a
matter of record. Seconded by
Councilman Welu. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
QUITCLAIM DEED'
KNOW ALL MEN BY THESE
PRESENTS: That Harnischfeger
Corporation of Milwaukee, Milwau•
kee County and State of Wiscon•
sin, in consideration of the sum
of One Dollar and other. good and
valuabel consideration, does bere•
by SELL AND QUIT CLAIM unto
CITY OF DUBUQUE, a municipal
corporation of Iowa, of Dubuque
County and State of Iowa, all its
Right, Title and Interest in and
to the following described real
estate, to•wit:
Block Five (5) and Black Six{6)
in Riverfront Subdivision No. 3
in the City of Dubuque, Dubuque
County, Iowa, according to the
recorded plats of said Subdi•
visions.
Signed this 10th day of Novem•
ber, A.D.1959,
Harnischfeger Corporation
by Herman Menck
Its Vice President'
and W. L. Carter
Its Treasurer
No corporation seah
STATE OF WISCONSIN
MII,WAUKEE COUNTY
SS:
On this 10th day of November
A. D. 1959, before me, the under-
signed, aNotary Public in and for
said County in Said State peraon•
ally appeared Herman Menck and
W. L. Carter to me personally
known who, being by' me duly
sworn, did say that-they are the
Vice President and Treasurer re•
spectively of said corporation;
that the seal affixed thereto is the
seal of said corporation; that said
instrument was signed and. sealed
on behalf of said corporation by
authority of its Board of Directors;
and that the said H. Menck and
W: L. Carter acknowledge the exe•
cation of said instrument to be
496 Special Session,
the voluntary act and deed of said
corporation by it and by them
voluntarily executed.
Olga Orlicky
Notary Public in and
for said County
Notary Public Milwaukee
Co• Wis•
My Commission Expires
May 21, 1961
(Olga Orlicky-Notarial Seal)
November 20, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
At a recent meeting of the Play
ground and .Recreation Commis•
sion discussion was had on the ad-
visability of purchasing approxi•
mately two acres of land in the
subdivision of Young-Primrose
Place, owned by Norbert and Mil•
Bred Freiburger. This property
borders the 5.097 acres which. is
to be developed into a playground
for. the children and residents in
the Park. Hill area and which is
located west of Muscatine Street,
With the .view these two acres
can be held for future develop-
ment and will provide a small
building for recerational use, the
members of the Playground and
Recreation .Commission, through
motion, have favored the acquisi•
tion of the Freiburger land and re•
quest that the City Council au-
thorize its purchase.,
Respectfully submitted
Playground and Recreation
Commission
L, J. SCHILTZ ` "'
Chairman
Councilman Schueller moved
that. -the request be granted and
purchase of the Freiburger land
authorized, 'Seconded by Council-
man Welu. Carried by the follow,
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu•
Nays-None,.
Communication of Board of Ad-
justment approving the applica-
tion of Brammers by Rex Bram-
mer for extension of non conform,
ing use to property owned by the
City at Forrest Lane and Delhi
streets on the assumption that the
City would lease the property to
November 23, 1959
Brammers and thereby retain posi-
tive control over the use as stated
for parking purposes and not for
a retail sale yard, presented and
read, Mayor Iintzinger moved
that the recommendation of the
Board of Adjustment be approved
and the City Manager and City
Solicitor be instructed to negotiate
a lease for Council approval, Sec-
onded by Councilman Takos, Car-
ried by the fallowing 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 Kintzingor, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
A plat of the proposed parking
area at Forest Lane & Delhi
Streets was presented to the Coun-
cil showing the availability of us-
ing fourteen stalls. Mr. Brammer
addressed the Council by concur-
ring with the layout, and stating
that everything seems to be in or-
der,
November 17, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Lloyd Dalsing re-
questing permission to construct a
6" water main to be connected
with the main at Jackson Street to
serve Lots 86, 87, 88 and 89, 94,
95, 96 and 97 in Linehan Park Ad•
dition was referred to the 'City
Manager.
I have had the Water Depart,
nient investigate this request to
determine the .feasibility of serv
ing this property with water and
they report the plan submitted by
Mr, Dalsing is satisfactory and if
approved by the City Council,
should be constructed according
to this plan.
I recommend that the City au•
thorize Lloyd Dalsing to construct
a 6" water main from Jackson
Street to his property as specified
on the plan and that the total cast
Special Session, November 23, 1959 4~7
of construction be paid by the November 17, 1959
petitioner and that the water main 'to the Honorable Nlayor
be put in under the Water Depart- 'and City Council
inept specification and inspection Dubuque, Iowa
and that after it is completed, it
becomes a part of our water dis- Gentlemen:
tribution system, The petition of Mrs, V. Steckel
Respectfully submitted, requesting a street light near-1670
L. J. SCHILTZ Wood Street was referred to the
City Manager City Manager for investigation aftd
Councilman Takos moved that report.
Upon investigation it was found
the recommendation of the City that the spacing between the two
Manager be approved and that lights in this vicinity was approxi•
proper proceedings be prepared mately 576 feet and in need of a
and request petitioner not to op- light, The spacing of the. lights
pose annexation, Seconded by from Rosedale to the first light
Councilman Freund, Carried by south is 694 feet.
the following vote: It is recommended that two
Yeas-Mayor Kintzinger, Coun• lights be installed on Wood Street,
cilmen Freund, Schueller, Takos, one at the alley at approximately
Welu• 1870 Wood Street and the other
Nays-None, approximately midway between
November 17, 1959 Rosedale Street and the first light
south of Rosedale.
To the Honorable Mayor . Respectfully submitted,
and City Council L, J, SCHILTZ
Dubuque, Iowa City Manager
Gentlemen: Councilman Welu moved that
The petition for a school cross- the recommendation of the City
ing light in the vicinity of 29th Manager be approved. Seconded
and Jackson Street was referred to by Councilman Schueller, Carried
~ the City Manager for immediate
by the following vote:
investigation and action, Yeas-Mayor Kintzinger, Coun•
There are approximately 200 cilmen Freund, Schueller, Takos,
children crossing Jackson Street '' Welu•
at 29th Street going to and from Nays-None.
school in the morning and again'
the afternoon. Heavy traffic, in• November 17, 1959
eluding many trucks, resulting To the Honorable Mayor
from a large number of vehicles and City Council
traveling to and from factories in Dubuque, Iowa
the north end of town, creates a Gentlemen:
hazardous condition for children Because of numerous requests
.crossing the street at or near this For investigation of the congested
intersection, parking and traffic conditions on
It is recommended that a school Grace Street, I have had the Police
crossing light be installed either ' Department make a survey and
at 29th and Jackson Streets or a study of these conditions,
mid-block intersection, whichever Along same sections of Grace
` is felt to be in the best interests Street, cars are parked for four
of the school children, or five days in a row without be-
Very truly yours, ing moved. During the winter time
L. J. SCHILTZ it is difficult for plowing of snow
City Manager and at times people are unable to
'Councilman Freund moved that back out of their driveway with-
the recommendation of the City opt the hazard of backing into a
Manager be approved. Seconded by car on the opposite side of the
Councilman Schueller, Carried by street.
the following vote: The survey was made in the
Yeas-Mayor Kintzinger, Coun• form of a questionnaire as to
cilmen Freund, Schueller, Takos, which side of the street people
Welu. would like to have parking re•
Nays-None. stricted, The Police Department
i
[a9 '~t',
Ili
t ~
'i
498 Special Session,
has no particular reason for pref-
erence regarding the parking on
either the north or south side,
however, they feel that parking
should be restricted on one side
of the street because of the con•
Bested traffic conditions.
Because of this survey, the pre•
ponderance of replies favoring the
restricting of parking on the north
side of Grace Street, it is recom-
mended that the Council approve
and direct the proper proceedings
to be prepared for restricting of
parking on the .north side of
Grace Street from North Grand•
view Avenue west to McCormick
Street.
Respectfully submitted,
L. J, SCHII,TZ
City Manager
Councilman Schueller 'moved
that the recommendation of the
City Manager be approved, with
reservations, (as to restricting
parking on the-north or south side
of Grace Street) and that proper
proceedings be prepared.
Seconded by ,Councilman Welu,
Carried by the following vote:
Yeas-Mayor Kintzinger, Caun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
November 18, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
I am attaching. herewith reports
of the City Auditor, City Treasurer,
City Health Department and City
Water Works for the month of Oc-
tober as well as list of claims far
.which.. warrants were issued for
the month of October, 1959.
Respectfully submitted,...
L. J, SCHILTZ
City Manager
Councilman Freund moved that
the reports be received and filed,
Seconded by .Councilman Welu,
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller; Takos,
Welu.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were drawn dur-
ing the month of October: 1959,
presented and read. Councilman
Schueller moved .that the proof
November 23, 1959
of publication be received and
filed, Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
November 23, 1959
Honorable Mayor and Members
of the City Council
City of Dubuque, Iowa
Gentlemen:
Pursuant to your directions, I
have prepared, for your considera•
tion the attached Amendment to
the Zoning Ordinance as a pro-
posed solution to the problem of
providing adequate parking area
for neighborhood stores and other
businesses without having to make
the area available to all uses per-
. mitted within the particular type
of business district,
Under this amendment the con•
tiguous residential. area can be
used for offstreet parking, but
the other restrictions applicable
to residential property will still
apply,
There seems to be some division
of opinion among the Courts of
other States as to whether custo-
mer parking fs a business use and
the Supreme Court of Iowa has
never ruled on the question.
The effect of the adoption of
this Ordinance would be that the
City Council declares that custo•
mer parking is not a business use.
It is, in my opinion, within the au•
thority of the Council to do this.
If you conclude to adopt this
amendment, or similar amendment
it should first be referred to the
Planning and Zoning Commission
.for recommendation and report
and if after hearing the recom-
mendation and report of that Com•
mission you are still of the opin-
ion that it should be passed, it
must then be set down for public
hearing, notice given of that hear-
ing and if, after the hearing, you
are still of the same opinion, the
ordinance may be adopted and
have the effect of law as of any
subsequent date that the Council
may determine proper.
Respectfully submitted,,
T, H. NELSON
Councilman Freund moved that
the communication and Amend-
ment be referred tc the Planning
Special Session, November 23, 1959 499
& Zoning Commission for recom•
lnendation and report, Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Council proceedings for the
months of July and August 1959,
presented for approval, Council-
man Takos moved that the Coun-
cil proceedings for the months of
July and August 1959, be approved
as printed. Seconded by Council•
lnan Welu. Carried by the follow•
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Notice of suit of Frank Pusateri,
father of Michael Pusateri, a mi-
nor, for personal injuries received
by said minor in the amount of
$4607.70, as the result of striking
a barricade on Kerper Boulevard
on August 10, 1959, presented and
read. Councilman Freund moved
that the notice 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 Margaret
Schromen in the amount of $300
for personal injuries received in
a fall on a defective sidewalk at
2134 White Street on August 14,
1959, presented and read. Council-
man Freund moved that the claim
be referred to the City Solicitor
for investigation and repork Sec•
onded by Councilman Welu, Car-
ried by the following vote:
Yeas-Mayor. Kintzinger, Coun-
cilmen Freund; .Schueller, Takos,
Welu.
Nays-None.
Notice of claim of Mrs, Nellie
Ohnesorge in the' amount of $100
for personal injuries received in a
fall on the steps in the City Hall
on August 10, 1959, presented and
read. Councilman Freund 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, Taltos,
Welu.
Nays-None,
ORDINANCE N0, 65.59
An Ordinance Amending Ordi-
nance No, 33.49, known as the
Traffic Code of the City of Du-
buque, by Repealing Section 16,30
thereof and Enacting a Substitute
therefor,, presented and read,
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schuel-
ler. 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•
cilmah Schueller. Carried by the
following vote,
Yeas-Mayor Kintzinger; Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE ND. 65.59
An Ordinance Amending Ordinance
No, 33-49, known as the Traffic Code
of the City of Dubuque, by Repealing
Section 16.3D thereof and Enacting a
Substitute therefor:
BE IT ORDAINED by the City Coun-
cil of the City of Dubuque, Io1va:
Section 1, That Section 16.30 of Or-
dinance No. 33.99 known as the Traffic
Code o£ the City of Dubuque, be and
the same is hereby repealed and the
following enacted in neu thereof:
"16-39-Unless actually engaged in
taking on or discharging persons, goods
or merchandise, no person shall stop
or park a vehicle in the alleys or
portions of alleys enumerated in Sched-
ule VII hereof, except that a commer•
cial vehicle may park in any of said
alleys for one period of not longer
than two (2) hours. The provisions of
this section shall not apply to vehicles
standing or parked in compliance with
the directions of a police officer or a
traffic control device."
Section 2. This Ordinance shall be ih
full force and effect from and after
its final passage; adoption and publica•
tion as by law provided;
Introduced the'23rd day of Novem-
ber, 1959,
Rule requiring reading on three sepa-
rate days suspended by unanimous
vote the 23rd day of November, 1959,
Passed by recorded roll call vote,
adopted and approved this 23rd day of i
November, 1959, 1
CHARLES. A, KINTZINGER -
Mayor
G)rORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P, WELU
PETER TAKOS
Councilmen
Attest; :
ZEO F, FROMMELT
. It 11.27
ii
i
;» .
,~'
i '
~'''i li
500 Special Session, November 28, 1959
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, Takes,
Welu.
Nays-None.
ORDINANCE NO. 66.59
An Ordinance Authorizing Adams
Realty Corporation to Construct a
Stoop and Canopy in the Alley at
the rear of 756 Main Street, pre•
sented 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•
Gilman Welu, Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
ORDINANCE N0, 66.59
An Ordinance Authorizing Adams
Realty Corporation to Construct a Stoop
and Canopy in the Alley at the rear of
756 Main Street,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DUBUQUE:
Section 1. That Adams Realty Corpora•
tion as owner of the premises known
as 756 Main Street in the City of Dubu•
que, be and it is hereby authorized and
granted the right and authority to con•
struct and maintain a canopy and stoop
in the alley at the rear of said premises
under the terms and conditions set
Forth in this Ordinance;
Section 2. That such construction
shall be done in accordance with plans
heretofore submitted by permittee,
when approved by the City Manager,
under the supervision and direction of
the City Manager and in accordance
with all applicable State and Federal
Laws and regulations and the Ordinan•
ces of the City of Dubuque;
Section 3. That the permission herein
granted is expressly conditioned an
permitte's agreement to:
(a) Assume any and all liabllity for
damages to persons or property
which may result from the eonstruc•
tion or maintenance of said stoop
and canopy;
(b) To pay on behalf of the City of Du-
buque aR sums which the City of
Dubuque shall become obligated to
pay by reason of the liability impos•
ed upon the City of Dubuque for
damages of any kind resulting from
the construction or maintenance of
said stoop and canopy, sustained by
any person or persons, caused by ;
accident or otherwise; 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 maintenance of said
stoop and canopy;
Section 4, That the permission herein
granted is expressly conditioned upon
permitte's further agreement that
should the right and privileges herein
granted be rescinded or revoked by
the City Council, permittee, or its suc-
cessors in interest, as owner of the
abutting property, shall, within thirty
(30) days after receipt of written notice
from the City Manager, so to do, at its
own expense, remove said stoop and
canopy, and in the event of its failure
so to do the City of Dubuque shall be
authorized to remove said loading dock
at permittee's expense and dispose of
the same and permittee shall have no
claim against the City, or its agents for
damages resulting from the removal of
said stoop and Canopy;
Section 5. This Ordinance shall be•
come effective and the rights hereunder
accrue to Adams Realty Corporation
when this Ordinance has been adopted
by the City Counen and the terms and
conditions thereof accepted by permit-
tee by acceptance endorsed on this Ord•
finance.
Passed, adopted and approved this
23rd day of November, A.D. 1959.
CHARL)-i,5 A. KINTZINGLi'$
Mayor
GRORGE A.FREUND
LEO N. SCHUELLER
CLARENCE P. WELD
PETER J. TAKOS
Councilmen
Attest: Leo F. Frommelt,
City Clerk
ACCEPTANCE OF ORDINANCE.
N0, 66.59
The undersigned, having read and be•
ing fanriilwiar with the terms and con-
ditions of Ordinance No, 66-59 hereby,
for themselves, their successors or as•
signs, as owners of the abutting proper-
ty, accept the same and agree to be
bound by the conditions and agreements
therein contained to be performed by
permittee.
Dated; Nov. 27th.
ADAMS REALTY CORPORATION,
By Geo, R, Burden, Pres,
Published officially in the Telegraph~
Herald newspaper this 2nd day of De•
cember, 1959.
LEO F. FROMMELT,
1t. 1212 City Clerk.
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.
Petition of Thomas J, Mulgrew
Co, et al requesting permission to
connect to the City's water and
sewage facilities or in the alterna•
tive that the City extend sewer and
water lines to service them out•
side of the west end of the City
Limits, presented and read, Attor•
ney M, M. Cooney addressed the
Council in behalf of the petition-
Special Session, November 23, 1959 _ 501
ers stating that the area needs
service now, The City Manager was
of the opinion that water could be
furnished but the sewer may pose
a problem,
Councilman Welu moved that the
petition be referred to the City
Manager and Engineering Depart•
ment for investigation and report.
Seconded by Councilman Freund,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Petition of Hillcrest Builders
Inc, requesting the extension of
rezoning as a Class "A" Business
District from the present Lots 1, 2,
3, 4, 5 & 6 of Block 5 in Hillcrest
Heights to include Lot 1 of 7 and
Lot 2 of 7 in Block 5 Hillcrest
Heights and the east 66.2 feet of
Lot 2 of Lot 1 of Lot A of Hillcrest
Park (approximately ~Z acre), pre-
sented and read, Mayor Kintzinger
moved that the petition be referred
to the Planning & Zoning Commis-
sion far investigation and report,
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Petition of Robert E. Hevey re•
questing a refund of $50. on the
unexpired portion of cigarette
license No. 115, as he has discon-
timed business, presented and
read. Councilman Welu moved that
the petition be granted and the
Auditor instructed to draw a war•
rant payable to Robert E. Hevey,
in the amount of $50,, to cover the
amount due on the unexpired per-
tion of cigarette License No, 115,
Seconded by Councilman Takes,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takes,
Welu,
Nays-None.
Petition of A, C. "Gus" Bruyneel
Estate, by J. G. Kelly Administrat-
or, requesting a refund of $50. on
the unexpired portion of Class B
beer permit No, 20, as he has dis•
continued business on November 9,
1959 presented and read. Council-
man Freund moved that the refund
be granted and be applied against
the indebtedness owing the City.
Seconded by .Councilman Welu,
Carried by the following vote:.
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takes,
Welu,
Nays-None,
Petition of A, C, "Gus" Bruyneel
Estate, by J, G. Ke11y Administrate
or, requesting a refund of $50, oh
the unexpired portiom of cigarette
license No. 108, as be has discon-
timed business on November 9,
1959, presented and read. Council-
man Freund moved that the refund
be granted and be applied against
the indebtedness owing the City.
Seconded by Councilman Welu.
Carried by the following vote:,
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Petition of Schueller Blacktop
Co. requesting an extension of time
to complete construction of City of
Dubuque 1959 Bituminus Paving
Project. No, 1, Section No, 2,
Chaney Road, until June 1,1960, on
the portion not completed upon di-
rection of the City, presented and
read, Councilman Welu moved that
the petition be granted, Seconded
by Councilman Schueller, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,.
Petition of Schueller Blacktop
Co. requesting an extension of time
to complete construction of City of
Dubuque 1959 Concrete Curb &
Gutter: Project 1Va. 1, Section No.
2, Grandview Avenue between
Ungs Street and Kaufmann Avenue
until June 1, 1960 due to the weG
weather delaying the grading„cone
tractor; further requesting an ex-
tension of time to complete con•
struction of City of Dubuque Curb
& Gutter Project No, 1, Section No,
1, and City of Dubuque 1959 Btum-
inous Paving Project No. 1, 5ec•
tion No. 1, McClain Street until
June 1, 1960, due to unfinished
preparatory work being done by
other contractors, presented and
read, Councilman Wellt moved that
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502 Special Session, November 23; 1959
the petition be granted. Seconded
by Councilman Schueller, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that a
semipermanent baricade be placed
on the McClain Street project, Sec•
onded by Councilman Takos, Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
November 23, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The City of Dubuque Bituminous
Project No. 1 has been completed
with the exception of portions of
seal coating on Evergreen and
Kane Streets.
The Schueller Blacktop Company,
who has the contract for this pro-
ject, has .requested acceptance of
this. project with.: the city withhold•
ing the necessary money for the
seal coating as directed by the
City Engineer. They also request
payment for that portion. of the
City of Dubuque 1959 Bituminous
Project No. 1, Section 2, Chaney
Road, that has been completed.
I recommend that the City Coun-
cil accept this work and that the
Schueller Blacktop Company be
paid for that portion they have
completed.
Respectfully submitted,
L. J, SCHILTZ,
City Manager.
Councilman Welu moved that the
recommendation of the City Manag•
er be approved. Seconded by Coun•
oilman Freund, Carried by the fol•
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen' Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of F, J, Humke et al
requesting parking restrictions en
East 15th Street from Iowa to
White Street, presented and read.
Mayor Kintzinger moved that the
petition be referred to the City
Manager and Traffic Department
for investigation and report, Sec-
onded by Council Takos, Carried
by the Following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
November 23,1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Herewith submitted is plat of
Joseph Vogt Subdivision.
This plat has been approved by
the Planning and Zoning Commis•
Sion with the understanding that
Lot 5 of Joseph Vogt Sub. will be
deeded to and owned by the owner
of Lot 2 of Vogt Place, Lot 4 Joseph
Vogt Sub, will be deeded to and
owned by the owner of Lot 2 of 1
Vogt Place.
Building permits will not be is-
sued for Lots 4 and 5 of Joseph
Vogts Sub.
.Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Welu moved that the
communication be received and
filed. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.'
Nays-None,
RESOLUTION N0, 243.59
RESOLUTION Approving Plat of
"Joseph Vogt Subdivision" in the
City of Dubuque, Iowa.
WHEREAS there has been filed
with the City Clerk a plat in which
Lot l of Lot 1 of Lot 1 of "Vogt
Place" in the City of Dubuque,
Iowa is platted as
Lots 1, 2, 3, 4 and 5 "Joseph
Vogt Subdivision" in the City
of Dubuque, Iowa
and,
WHEREAS said plat has been ex-
amined by the City Plan Commis•
lion 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;
,.
Special Session, N
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 23rd day of November A,D,,
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 Welu, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
RESOLUTION N0. 244.59
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having complied
with the provisions of law relating
to the sale of cigarettes within the
City of Dubuque, be granted a per•
mit to sell cigarettes and cigarette
papers within said City,
Name Address
Maurice E. Humke, 120 Southern
Avenue
BE IT FURTHER RESOLVED
that the bond filed with the appli-
cation be approved.
Passed, adopted and approved
this 23rd day of November, 1959.
CHARLES A. KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
ovember 23, 1959 503
Councilman Welu moved the
adoption of the resolution. Second•
ed by Councilman Schueller. Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
RESOLUTION. N0. 245.59
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined; NOW,
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the following applications be grant•
ed and licenses be issued upon the
compliance with the terms of the
ordinances of this City.
CLASS "B" BEER PERMIT
Name Address
Maurice E, Humke, 120 .Southern
Avenue
Cletus N,'Paulq, 1200 Iowa Street
(Transfer of address from 1255
Central Avenue)
CLASS "C" BEER PERMIT
The Great Atlantic & Pacific Tea
Company, 1101 Central Avenue
Passed, adopted and approved
this 23rd day of November, 1959,
CHARLES A, KINTZINGER,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT,
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec•
onded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None..
RESOLUTION N0. 246.59
WHEREAS, heretofore applica-
tions for Beer Permits. were filed
by the within named applicants
and they have recevied the approv
al of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and they
have .filed proper bonds; Now,
Therefore,
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504 Special Session, November 23, 1959 Regular Session, December 7, 1959 505
'BE IT RESOLVED by the City
Council of the City of Dubuque Yeas-Mayor Kintzmger, Coun-
Oilmen Freund
S
kos
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the Mozena interest and also rep-
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that the Manager be and he is
di- Welu. y
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• ~ resenting Wm. J. Reilly Jr., owner
rested to issue to the following Nays-None. (OFFICIAL) of an option to purchase the Mo-
named applicants a Beer Permit, zena property, after presenting a
"
" LEO F. FROMMELT,
Regular Session, December 7, plat and aerial photographs of the ,
area appealed to the Council to
CLASS
8
PERMIT City Clerk, 1959.
correct the error and that they
Name Address Council met at 7:30 P.M. alon with the Plannin & Zonin
g
Maurice E, Humke, 120 Southern
Approved .,.
,
,,19
,,,, y
Comrmssion return to the orderl
Avenue .
.
.... Present -Mayor Kintzmger, development of the land, It ~s now
Cletus N, Pauly, 1200 Iowa &treet
Adopted
19 Councilmen Freund, Schueller, Ta- a private problem but will become j
(Transfer of address from 1255 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
.,,..... kos, Welu. City Manager Schiltz, a public problem, An accomplished
Central Avenue)
••,,,•.•,,,,•,•••.•,,,,•,
..
,,
Mayor Kintzmger read the call fact should be corrected, He asked ~
that steps be taken for the con-
.
,
..•, and stated that this is the regular demnation of a strip of land
CLAS5 "C" PERMIT monthly meeting of the City Caun- ninety-one feet by fifty feet north
The Great Atlantic and Pacific Tea •°~•~•••~••~~••~•••••~•••~••~••••~• cil for the purpose of acting upon from Ken Court turn-around to ~
Company, 1101 Central Avenue such business as may properly the Mozena property and use City ~
BE Pf FURTHER RESOLVED Councilmen: ,,,,,, come before the meeting, funds to correct the error.
that the bonds filed by such appli- Mayor Kintzmger addressed the PETITION
cants be and the same are herby meeting by describing the topog-
app'roved. """"""""""""""""•'° raphy of the Mozena property lo- To the Honorable Mayor, City
d sated near Ken Court. The Mayor Manager, and City Council of
Passed, adopted and approve stated further that he did not rep- the City of Dubuque, Iowa
this 23rd day of November, 1959, ••••••••• resent the Frank Mozena family Gentlemen:
CHARLES A. KBVTZINGEIt,
Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, as an attorney, only as a council-
did The undersigned owners of the
Mayor City Clerk man, The Mozena interests
not have an opportunity to protect real property described as:
GEORGE A. FREUNI) their rights as to the proposed sub- Lot 1 of Mineral Lot 383 and the
CLARENCE P. WELU dividing of their property which Southerly 150 feet of Mineral j
LEO N. SCHUELLER lies to the north of Ken Court, as Lot 384, all in the City of Du-
PETER J. TAKOS the result of the platting of Ken buque, Dubuque County, Iowa,
Councilmen Court with aturn-around that does according to Alex Anderson's
not abut their property. He further Map of the mineral lots of Julien ~ ,
Attest: LEO F, FROMMELT, stated that the engineers claimed Township and Vicinity and the
City Clerk that entrance. to the Mozena prop- recorded plats thereof and their
Councflman Welu moved the erty should be through Ken Court subsequent subdivision,
adoption of the resolution. Second- and it was recommended to buy Frank Mozena and Hattie Mozena,
ed by Councilman Schueller. Can an entrance way to their property. and the undersigned owner of an
ried by the following vote; Mayor Kintzmger stated that the option to purchase such real prop-
. Mozenas were not advised by the erty, William J. Reilly, Jr., re-
Yeas-Mayor Kintzmger, Coun• Planning and Zoning Commission spectfully represent to your Hon-
. cilmen. Freund, Schueller, Takos, of the meeting at which Ken Court orable Body:
Welu, was approved even though they 1, That the above described real
Nays-None. had shown an interest in making property has the topography of the
sure access to their property would top or plateau of a natural ridge
Mayor Kintzmger moved that a be protected. He felt that Mr, running perpendicular to and
resolution be drafted and sent to Harry Schiltz, who happens to be northerly from Kane Street in the
the bereaved widow and family of a member of the Planning and Zon- City of Dubuque, Iowa, Its general
the late Matt Czizek in recognition ' ing Commission, should be exon- contour makes it ideal property
of his services to the City. Second- crated- The administration .was in for residential subdivision devel-
ed by Councilman Freund, Carried error by not telling the Mozenas, opment, It is located near Wahlert
by the following vote:
Councilman Freund moved that Hi h School and is also in close
Yeas-Mayor Kintzmger, Coun-
the rules be suspended in order to proximity to other real property
developments in a part of the
cilmen Freund, Schueller, Takos,
Welu, let anyone present address the
Council if they so desire, Seconded
City that is rapidly being settled.
Nays-None, by Councilman Takos, Carried by The undersigned, in keeping with
this trend, desire to develop this
There being no .further. business the fallowing vote; real property by subdivision for
Councilman Welu moved to ad• Yeas-Mayor Kintzmger, Coun- residential purposes at once,
journ. Seconded by Councilman cilmen Freund, Schueller, Takos, 2, That the natural location fax
.Schueller, Carried by the following Welu. any principal street in a subdivi-
vote: Nays-None, Sion of this real property is sub-
- 3.'