1959 December Council Proceedingst ~~
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504 Special Session, November 23, 1959
BE IT RESOLVED by the City Yeas-Mayor Kintzinger, Coun-
Council of the City of Dubuque oilmen Freund, Schueller, Takos,
that the Manager be and he is di• Welu.
rected to issue to the following Nays-None.
named applicants a Beer Permit.
CLASS "B" PERMIT
Name Address
Maurice E. Humke, 120 Southern
Avenue
Cletus N, Pauly, 1200 Iowa Street
(Transfer of address from 1255
Central Avenue)
LEO F. FROMMELT,
City Clerk,
Approved ................................19........
Adopted ..................................19........
CLASS "C" PERMIT
The Great Atlantic and Pacific Tea ••~••~°°••~°~••••••~••~••~~••••••
Company, 1101 Central Avenue
BE 1T FURTIiER RESOLVED Councilmen : ....................................
that the bonds filed by such appli-
cants be and the same are herby
approved. ....................................
Passed, adopted and approved
this Z3rd day of November, 1959. °°°°°°°°°°•°•°°°•°•
CHARLES A. KINTZINGER, Attest ...........................................:....
Mayor City Clerk
GEORGE A.FREUND
CLARENCE P. WELD
LEO N. SCHUELLER
PETER J. TAKOS,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car•
ried by the following vote:
Yeas=Mayor Kintzinger, Coun•
.oilmen.. Freund,. Schueller, .Takos,
Welu.
Nays-None.
Mayor Kintzinger moved that a
resolution be drafted and sent to
the bereaved widow and family of
the late Matt Czizek in recognition
of his services to the City. Second•
ed by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
oilmen Freund, Schueller, Takos,
Welu,
Nays-None,
-There being nofurther business
.Councilman. Welu moved to ad•
journ. Seconded by Councilman
Schueller. Carried by the following
vote:
Regular Session, December 7, 1959 505
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(OFFICIAL)
Regular Session, December 7,
1959.
Council met at 7:30 P.M.
Present - Mayor Kintzinger,
Councilmen Freund, Schueller, Ta-
kos, Welu, City Manager Schiltz.
Mayor Kintzinger read the call
and stated that this is the regular
monthly meeting of the City Coun-
cil for the purpose of acting upon
such business as may properly
come before the meeting,
Mayor Kintzinger addressed the
meeting by describing the topog-
raphy of the Mozena property lo-
cated near Ken Court, The Mayor
stated further that he did not rep-
resent the Frank Mozena family
as an attorney, only as a council-
man. The Mozena interests did
not have an opportunity to protect
their rights as to the proposed sub-
dividing of their property which
lies to the north of Ken Court, as
the result of the platting of Ken
Court with aturn-around that does
not abut their property. He further
stated that the engineers claimed
that entrance to the Mozena prop-
erty should be through Ken Court
and it was recommended to buy
an entrance way to their property.
Mayor Kintzinger stated that the
Mozenas were not advised by the
Planning and Zoning Commission
of the meeting at which Ken Court
was approved even though they
had shown an interest in making
sure access to their property would
be protected, He felt that Mr.
Harry Schiltz, who happens to be
a member of the Planning and Zon-
ing Commission, should be exon-
erated. The administration .was in
error by not telling the Mozenas.
Councilman Freund moved that
the rules be suspended in order to
let anyone present address the
Council if they so desire, Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Attorney Fuerste, representing
the Mozena interest and also rep-
resenting Wm. J. Reilly Jr,, owner
of an option to purchase the Mo•
zena property, after presenting a
plat and aerial photographs of the
area appealed to the Council to
correct the error and that they
along with the Planning & Zoning
Commission return to the orderly
development of the land. It is now
a private problem but will become
a public problem, An accomplished
fact should be corrected. He asked
that steps be taken for the con-
demnation of a strip of land
ninety-one feet by fifty feet north
from Ken Court turn-around to
the Mozena property and use City
funds to correct the error.
PETITION
To the Honorable Mayor, City
Manager, and City Council of
the City of Dubuque, Iowa
Gentlemen;
'Phe undersigned owners of the
real property described as:
Lot 1 of Mineral Lot 383 and the
Southerly 15o feet of Mineral
Lot 384, all in the City of Du-
buque, Dubuque County, Iowa,
according to Alex Anderson's
Map of the mineral lots of Julien
Township and Vicinity and the
recorded plats thereof and their
subsequent subdivision.
Frank Mozena and Hattie Mozena,
and the undersigned owner of an
option to purchase such real prop-
erty, William J. Reilly, Jr,, re-
spectfully represent to your Hon-
orable Body:
1~ That the above described real
property has the topography of the
top or plateau of a natural ridge
running perpendicular to and
northerly from Kane Street in the
City of Dubuque, Iowa. Its general
contour makes it ideal property
for residential subdivision devel-
opment. It is located near Wahlert
High School and is also in close
proximity to other real property
developments in a part of the
City that is rapidly being settled.
The undersigned, in keeping with
this trend, desire to develop this
real property by subdivision for
residential purposes at once,
2. That the natural location for
any principal street in a subdivi-
Sion of this real property is sub-
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506 Regular Session, December 7, 1959
stantially along the crown of the
ridge ending in a turnaround at
the north end of the development
and connecting with a street join-
ing Kane Street at the other, This
type of ridge street location in a
subdivision development is pecul-
iarly aDubuque practice which
has been consistently followed in
such subdivision developments as
Moore Heights, Indian Ridge, Sun-
set Ridge, Overview Court, Chero-
kee Drive and Fox Drive, to name
a few It has been in the past a
salutary and prevalent practice
in this city of rolling hills to keep
the complete development of all
ridges in mind and to make pro-
vision for the future extension of
streets where contemplated de-
velopment does not utilize or en-
velop an entire ridge,
3. That pursuant to the recom-
mendation of the Dubuque Plan-
ning & Zoning Commission your
Honorable Body has accepted the
dedication of Ken Court street and
approved the subdivision of Bloak
5 in "Scenic View Heights No. 2"
in the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof, without making or re-
quiring provision for the future
development of the above de-
scribed property through the ex-
tension of Ken Court street, The
Ken Court turnaround has been
dedicated and accepted by the
City with a subdivision of private
property lots 91 feet in depth
totally blocking the future exten-
~ion of Ken Court street into the
aforesaid real property of the un-
dersigned, No other access to the
aforesaid real property is as nat-
urally adapted to such property as
the extension of Ken Court street
would be,
4. That this omission to provide
for a future street extension along
a natural ridge crown creates a
situation which is severely detri-
mental to the interests of the un-
dersigned and to the best inter-
ests of the public and the City of
Dubuque in preventing the order-
ly and complete development of
an area which is needed for resi-
dential building sites,
5. That to correct this omission,
which is now an accomplished fact,
it is necessary that condemnation
procedures be instituted to secure
to the public for street purposes
the real property in, Block 5 in
"Scenic View Heights Na. 2" in
the City of Dubuque, Iowa, ac-
cording to the recorded plat
thereof within the extension lines
of the street portion of Ken Court
street, which is an area approxi-
mately 50 x 91 feet,
WHEREFORE, to correct the ob,
vious injustice and inconvenience
to the undersigned, and in the best
interests of the City of Dubuque
and the public, to provide for fu-
ture street access to the above de•
scribed real property, the under-
signed respectfully petition your
Honorable Body forthwith to com-
mence condemnation proceedings
to acquire for public street pur-
poses atract of land 50 feet wide
and 91 feet long across Lots 4 and
5 of Block 5 in "Scenic View
Heights No, 2" in the City of Du-
buque, Iowa, according to the re-
corded plat thereof within an ex-
tension of the lines of the street
portion of Ken Court to the south-
erly property line of the under
signeds' above described real prop-
erty, all as provided in Chapters
389 and 472 of the 1958 Code of
Iowa,
Respectfully submitted,
Frank Mozena and Hattie
Mozena
William J. Reilly, Jr.
By Clewell, Cooney &
Fuerste
705 Roshek Building
Dubuque, Iowa, Attorneys
for Petitioners
Attorney Louis Fautsch, repre-
senting Mr. Harry Schiltz, request-
ed of the Council that he be given
an opportunity to prepare a brief
and go into discussion with his
client as to the platting of Ken
Court. He was of the opinion that
Ken Court was platted by Mr, Har-
ry Schiltz in good faith,
Councilman Takos asked City
Manager Schiltz the following
questions about his interest in the
firm ar firms operated by the
Schiltz family,
Q. 1. TAKOS-Who are the offi-
cials of the Schiltz Construction
Company?
A, SCHILTZ -Only one, Jack
Schiltz.
Regular Session, December 7, 1959 50'l
Q. 2. TAKOS-Is there a company
called Schiltz Development or
Land Development Company?
A, SCHILTZ-There is one called
the Land Development Company,
Interest of Schiltz family,
through father, mother and
brother,
Q. 3. TAKOS-Are you a member
of that company?
A, SCHILTZ-Yes.
Q, 4. TAKOS-Have you acted in
the development of one or the
other or bath of these companies
in negotiating easements or in
any capacity other than in the
normal pursuits of a City Man-
ager?
A. SCHILTZ-I always acted in the
interest of the City every time,
Councilman Takos moved that
the questions and answers be
made a matter of record. Sec-
onded by Councilman Freund.
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Councilman Takos read affidav-
its by William Becker Sr,, 2619
Kaufmann Avenue, Harlan Petsche
1725 Kaufmann Avenue and Os-
wald Holz, 2307 Kaufmann Avenue.
.The Becker affidavit stated that
Harry Schiltz had threatened to
block his land £rom access if he
did not sell two acres fronting on
proposed Maryville Drive, The
Petsche affidavit stated that the
City Manager had requested an
easement for construction of a
sewer across his land, at an even-
tual price of $750. Said money
was paid out of the City Sanitation
Fund. The Holz affidavit stated
that the Schiltz Company blocked
entrance to his property and told
of events leading up to a sale of
his property to Harry Schiltz with
the City Manager doing the paper
work and making out the check,
Councilman Takos read resolution
No. 247-58 and Ordinance No. 52•
58, relative to a sewer constructed
by Harry Schiltz and stated that
William Becker now has a bill far
$1,188.26 as his share of the cost
for connecting to it, after giving
an easement to Schiltz's subdivi-
sion.
City Manager Schiltz etiplained
that vhen a private party builds a
sewer and zftcr paying the cost
of same, Future camzections are
charged; at the rate per foot of
construction-cast. Becker's bill is
his connection charge which is
paid to theCitq and then turned
over to the builder to pay off his'
investment.
Councilman Takos stated that
because of the Mozena develop-
ment and the charges brought
about by Mr. William Reilly he
felt that a fuller investigation in
fairness to all parties should be
made. The persons I called upon
have sold land to the Schiltz in-
terest, have land adjacent to them
or are negotiating with them at
present. Councilman Takos moved
that a complete and public Coun•
cil investigation be made within a
sixty day period with the Council
calling before them, the City Man-
ages, Mr, Harry Schiltz a member
of the Planning & Zoning Commis•
Sion, the City Solicitor, and other
City personnel and the Planning
& Zonizzg Commission, who by na-
ture of their employment would be
involved in the matter.
Seconded by Mayor Kintzinger.
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
City Manager Schiltz stated that
the motion is a very good one and
he was of the opinion that anyone
connected with this matter would
be glad to appear. After a lengthy
discussion Mayor Kintzinger moved
that the petition presented by
Frank & Hattie Mozena, William J.
Reilly Jr, by Clewell Cooney &
Fuerste, Attorneys for the peti-
tioners, be referred to the Plan-
ning & Zoning Commission for
further consideration and to the
City Council for affirmative action
for reasonable access to Kane
Street from the Mozena property
in the overall general public in-
terest. Seconded by Councilman
Takos, Carried by the following
vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
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508 Regular Session, December 7, 1959
Communication of Planning &
Zoning Commission requesting a
meeting with the City Council at
their convenience in order to reach
an understanding relative to re-
marks that have been made re-
garding previous actions of the
Commission, presented and read,
Councilman Freund moved that
the petition be received and filed.
Seconded by Councilman Takos.
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Communication of Dubuque Fed-
eration of Labor being opposed to
operation of the parking meters
on the nights that the stores are
open, presented and read, Coun•
cilman Freund moved that the
communication be referred to the
City Manager. Seconded by Coun-
cilman Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of members of
the Safety Committee at the Holy
Ghost School expressing their
thanks for the installation of a
school warning light at the inter-
section of 29th and Jackson Street,
presented and read, Councilman
Schueller moved that the commu•
nication be received and filed. Sec-
onded by Councilman Takos, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
December 1, 1959
To the Honorable Mayor and
Members of the City Council,
Dubuque, Iowa
Gentlemen
In accordance with the provi-
sions of Chapter 365 of the Code
of Iowa 1954, the Civil Service
Commission conducted a promo-
tional examination on November
24, 1959, for the positions of Fire
Equipment Operators.
The following are the names of
those who passed with an average
of seventy per cent or better.
Eldon Weiss ..........................762h%
Milton R. Hartley ..................74z~%
John Pregler ..........................70%
John V, Reisner ,,,,,,,,,,,,,,,,,,,,70%
Respectfully submitted,
Dr. LeRoy H, Giles
Chairman
Louis J. Lagen
J. A, Carew
Members Civil Service
Commission
Atest; Leo F, Frommelt
Clerk
Subscribed and sworn to before
me this 1st day of December 1959,
(Notarial Seal) John J. Dolan
Notary Public
Councilman Freund moved that
the communication be received and
made a matter of record, Seconded
by Councilman Takos. Carried by
the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Communication of Frank L,
Wagner submitting his resigna-
tion from the Board of Dock Com-
missioners, presented and read.
Councilman Takos moved that the
communication be received and
filed and action be deferred until
the first meeting of the New Year
to give the new members of the
Council a voice in selecting a re-
placement, Seconded by Council•
man Schueller, Carried by the fol-
lowing vote,
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
Communication of Associated
Theatres thanking the City Man-
ager for calling their attention to
a somewhat controversial film
called "Fire Under Her Skin," pre-
sented and read. Councilman
Freund moved that the communi-
cation be received and filed. Sec-
onded by Councilman Schueller,
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Regular Session, December 7, 1859 509
Communication of D u b u q u e
County Auditor advising that the
Board of Supervisors agreed to sell
lots 20, 21, 22, 27A, 28A, 30A and
31A all in A, P. Woods Addn, to
Bruce T, Mulgrew for $76,00, being
less than the taxes due, presented
and read. Mayor Kintzinger moved
that the Council view the grounds,
Seconded by Councilman Freund,
Carried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
December 4, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
During the past year many Com-
plaints have been received regard•
ing a building located at 2858 Van
Buren Street. The Sanitary and
Building inspectors have made sev-
eral inspections and recommenda-
tions to the owners. Nothing of
importance was done to the build•
ing and the complaints still were
made,
Consequently, I directed the
building department to make a
complete inspection of this build-
ing. This inspection was made Oc-
tober 29, 1959, and the following
is the report,
October 30, 1959
Mr. L. J. Schiltz
City Manager
Dubuque, Iowa
Dear Mr. Schiltz;
During the past few months, sev
eral inspections have been made
of the premises located at 2858
Van Buren Street.
The structure located at this ad-
dress is a makeshift dwelling. A
partial foundation was under this
building and as a result of out-
wardpressure from soil and water,
this foundation collapsed. The
building is now supported by posts
in the center and portions of wall,
The building has settled and one
roam is separating from. the other,
Art Miller and I have talked
with Mrs. Charlotte Milroy who is
buying this property from Mettel
Realty and Investment Company
on contract. We have advised her
that the building is dangerous to
occupy, She has made several ef-
forts to hire someone to make
some repairs but so far nothing
has been done,
Therefore I recommend that
steps be taken to vacate this struc-
ture and the building removed,
Respectfully submitted,
Donald J. Bandy
Building Commissioner
December 4, 1959
After this .report was-made to
me Mrs, Charlotte Milroy, the
owner, talked to me about this
building, As a result of this con-
versation I personally inspected
the exterior of this building.
As a result of this inspection I
sent Mettel Realty and investment
Co, and Mrs, Charlotte Milroy the
following notice on November 5,
1959.
"' November 5, 1959
Mettel Realty and Investment
Company
1220 Iowa Street
Dubuque, Iowa
Mrs. Charlotte Milroy
?.858 Van Buren Street
Dubuque, Towa
Dear Madam and Sirs:
I have personally examined the
outside of the structure located at
2858 Van Buren Street (West 18'
of Lot 146, Lot .147 and Lot' 148
Lenox Addition) and find the eon•
ditions as they have been report-
ed to me by the Building Commis-
sioner.
According to City Ordinance No.
35.52, you are hereby given thirty
days notice to dismantle this struc-
ture. The structure can also be re-
paired but it would be necessary to
parctically tear it down before re-
building to comply with city reg-
ulations.
Very truly yours,
L. J, SCHILTZ
City Manager
This notice has note been com-
plied with and I recommend to
the City Council that the.provi-
sions of Ordinance. No, 35-52 be
enforced and that Mettel Realty
and Investment Company and Mrs.
Charlotte .Milroy,. owners. of a
frame building located.. at 2858
Van Buren Street (West 18' of Lot
148, Lat 147 and Lot 148 Lenox
Addition) in the City of DuUuque,
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510 Regular Session, December 7, 1959
Iowa, be required to correct the
defects present or dismantle said
building.
Respectfully submitted,
L. J, SCHILTZ
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared..
Seconded by Councilman Takos.
Carried by the following vote:
Yeas---Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
December 7, 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 for filing, sub-
ject to the approval of the City
Solicitor:
HEATING
William C, Ohnesorge, Jr., Bond
No, L & P•3465, Western Surety
Company
EXCAVATION
C, F. Puth Company, Inc., Cedar
Rapids, Iowa, Policy No. CGA
603767, The Western Casualty
and Surety Co,
Respectfully submitted,
L. J. SCHII,TZ
City Manager
Councilman Takos moved that
the bonds and policies be filed
subject to the approval of the City
Solicitor. Seconded by Councilman
Welu, Carried by the following
vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None..
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am attaching hereto a copy of
a lease agreement between the
City of Dubuque and Brammers,
Tne.; for the use of the city prop-
erty west of their store for park-
ing purposes,
If the Council approves the
terms of this lease, I recommend
that the City Manager be author-
ized to execute this agreement on
behalf of the City.
Respectfully submitted,
L. J. SCHH.TZ
City Manager
Councilman Freund moved that
the City Manager be authorized to
negotiate the lease agreement with
Brammers after Mr. Brammer ad-
dressed the Council as being agree-
able to the lease agreement sub-
ject to review by his counsel, Sec-
onded by Councilman Schueller.
Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
VPelu.
Nays-None.
Meeting recessed at 10:15 P.M.
Resumed Session at 10:25 P.M,
Councilman Schueller and Coun-
cilman Welu gave a report of the
AMA meeting held in Denver from
November 29th to December 2nd.
From the report it was evident
that a great many cities in the
United States are faced with the
same .problems that we are. They
both were very appreciative of the
fact that they were allowed to
attend,
December 7, 1959
To the Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen;
Pursuant to your instructions, a
preliminary plan, survey, and cost
estimate has been completed for
the Kaufmann Avenue Storm Sew-
er,
The proposed storm sewer would
be located in Kaufmann Avenue
from Central Avenue to Chaney
Road with a variation in storm sew-
er size from a 30 inch pipe to an
84 inch pipe. The length of the
Storm Sewer would be approxi-
mately two miles in length, and
the preliminary estimated cost is
$770,000.00, A location plat and
preliminary report is attached.
Very truly yours,
L, J. SCHILTZ
City Manager
CITY OF DUBUQUE, IOWA
Kaufmann Avenue Storm Sewer
At the present time, the storm
water collecting in the Kaufmann
Avenue drainage area accumulates,
and is drained by an existing storm
Regular Session, December 7,:1959::' 511
sewer in Kaufmann Avenue from
the intersection of Hempstead
Street to the intersection of Kauf•
mann Avenue and Central Ave-
nue, The storm sewer at this junc-
tion point of Kaufmann Avenue
and Central Avenue proceeds east-
erly in Twenty-Second Street to an
intersection of the Bee Branch
Storm Sewer in Elm Street. The
existing storm sewer at Hempstead
Street is a 54 inch pipe which
interchanges to a 60 inch pipe at
a point approximately 250 feet
easterly in Kaufman Avenue, and
the 60 inch pipe is in existence to
the intersection of Kaufmann Ave-
nue and Central Avenue where
the larger pipe intercepts the
Kaufmann Avenue Storm Sewer,
There is no existing storm sewer
in Kaufmann Avenue westerly
from Hempstead Street to Carter
Road.
.The Kaufman Avenue Drainage
Area consists of 780 acres, This
area is bounded by Clarke Drive
from Heeb Street to St. Ambrose
Street; St, Ambrose Street from
Clarke Drive to Rosedale Avenue;
Rosedale Avenue from St. Am-
brose Street to Asbury Road; As-
bury Road from Rosedale Avenue
to Carter Road; Carter Road from
Asbury Road to Kaufmann Ave-
nue; thence diagonally from Kauf•
mann Avenue to Wahlert High
School on Kane Street; Kane
Street from Chaney Road to Prim-
rose Street; Primrose Street to
Burlington Street; and thence par-
alleling Kaufmann Avenue to Cen-
tral Avenue, Kaufmann Avenue,
as it exists, is the natural drainage
channel for above described area,
This area includes developed and
undeveloped lands, a natural lake,
a drain from a subterranean water
source, the municipal golf course,
and terrain varying from flat lands
to abrupt slopes, This axea also
includes many variations of soil
conditions, such as clay, loam, and
solid rock with various types of
natural cover from bare earth to
wooded sections,
An investigation and study of
the Kaufmann Avenue Drainage
Area and storm sewer situation
was completed and the results are
as follows,
This area, as described above,
would necessitate the construction
of a storm sewer in%Kaufmann Ave-
nue from Central Avenue to Cha-
ney Road, the pipe ize would vary
from 30 inch: pipe to 84 inch pipe.
The section of storm sewer from
Central Avenue to Hempstead
Street would be a 60 inch. pipe con
strutted to_ parallel:. Kaufmann
Avenue and alleviate the existing
storm sewer. This section would be
constructed in the street, and.
would necessitate the relocation
of a 3 inch gas main and house
connections, approximately 400
feet of 12 inch water main, and
re-establishment of sewer and wa-
ter connections to the existing
homes. A number of sanitary sew-
er laterals to the Kaufmann Ave-
nue Trunk Line Sanitary Sewer
will also have to be realigned, This
route was deemed mast feasible
because of the location of the ex•
fisting storm sewer, water mains,
and two sanitary sewer lines.
The locations of the homes and
other obstacles, such as retaining
walls and existing utilities; make it
impassible to construct the storm
sewer between the curbs and prop-
erty lines, This section of Kauf-
mann Avenue has a permanent sur-
face which would have to be re-
placed with abuilt-up section of
base stone and subterranean water
source, the municipal golf course,
and terrain varying from flat lands
to abrupt slopes. This area also in•
eludes many variations of soil con-
ditions, such as clay, loam, and
solid rock with various types of
natural cover from bare earth to
wooded sections.
An investigation and study of
the Kaufmann Avenue Drainage
Area and storm sewer situation
was completed and the results are
as follows.
This area, as described above,
would necessitate the construction
of a storm sewer in Kaufmann
Avenue from Central Avenue to
Chaney Road, the pipe size would
vary from 30 inch pipe to 84 inch
pipe.
The section of storm sewer from
Central Avenue to Hempstead
Street would be a 60 inch pipe
constructed to parallel Kaufmann
Avenue and alleviate the existing
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512 Regular Session, December 7, 1959
storm sewer, This section would be
constructed in the street, and
would necessitate the relocation of
a 3 inch gas main and house con-
nections, approximately 400 feet of
12 inch water main, and re-estab-
lishment of sewer and water con-
nections to the existing homes. A
number of sanitary sewer laterals
to the Kaufmann Avenue Trunk
Line Sanitary Sewer will also have
to be realigned. This route was
deemed most feasible because of
the location of the existing storm
sower, water mains, and two sani-
tary sewer lines.
The locations of the homes and
other obstacles, such as retaining
walls and existing utilities, make it
impossible to construct the storm
sewer between the curbs and prop-
erty lines. This section of Kauf-
mann Avenue has a permanent sur-
face which would have to be re-
placed with abuilt-up section of
base stone and binder course, over
the excavation, and a surface
course over the entire street from
curb to curb.
The section of Kaufmann Ave-
nue Storm Sewer from Hempstead
Street to Chaney Road would be•
gin at the above named intersec-
tion. At this intersection, a junc-
tion chamber would be constructed
to divert the flow into the existing
storm sewer from Hempstead
Street to Central Avenue and into
the new section as described
above. The storm sewer in this
section would range from a 30 inch
pipe to an 84 inch pipe, and would
be constructed in the street. The
construction of a storm sewer in
this. section will necessitate the
construction of 3,100 feet of sani-
tary sewer, relocation of 2,400
feet of 12 inch water main, 600
feet of gas main, and the existing
house service for the utilities. The
reason for the relocation of exist•
ing utilities is due to their loca-
tion in the street, The water main,
and sections of the sanitary sewer
cross the street at various locations
and do not run in a uniform line
contingent to the alignment of the
street. This water main has been
in existence for many years and
is a direct feed to the Water Level.
Due to the grade of the existing
sanitary sewer, and the proposed
grade and size of the intended
storm sewer, which would block
entry into the existing sanitary
sewer, new sanitary sewer con•
struction is necessary to serve the
homes on the south side of Kauf-
mauu Avenue from Hempstead
Street to the Water Level. The
storm sewer westerly of the Water
Level would present only minor
construction problems and obsta•
cles, The existing street surfacing
an this section is brick, stone, and
concrete patches with the excep•
tion of the area from Hempstead
Street to Kane Street, The inten•
tion would be to replace the im-
proved section of the street in tho
same manner as the section be•
tween Central Avenue and Hemp•
stood Street, and replace the re•
mainder of this section with a
rolled stone base and seal coat un-
til afuture street improvement
project would be established.
The preliminary design for this
project was computed by the "Ra-
tional Method of Design." This
method of design takes into con•
sideration all of the variable fac-
tors which contribute to the rate
of runoff that will be collected
by the storm sewer. These factors
are as follows: the area to be
drained, in acres; the impervious-
ness of the areas; the kind and
extent of vegetation; condition of
the soil; steepness and lengths of
slopes; size and shape of water-
shed, and the number, arrange-
ment, slope and condition of drain-
age channels on the watershed;
and the maximum rate of rainfall
over the entire drainage area in
inches per hour, A maximum rate
of 3 inches of rainfall per hour
was used in this computation, This
rainfall rate was obtained from the
records of the Weather Bureau.
These records are dated to 1876
and indicate there never has been
more than a 2,84 inch rainfall in
one hour, but also indicated there
are rainfall records which show
excessive accumulations and inteh•
sity of storms for shorter times of
concentration. The analysis of the
Kaufman Avenue Drainage Area
indicates the total runoff of ap-
proximately 1,200 cubic feet per
second,
The Kaufmann Avenue Storm
Sewer, as described, would be ap-
Regular Session, December 7; 1959 5]3
proximately two miles in length,
consisting primarily of the follow-
ing items: 1,025 lineal feet of 30
inch pipe; 155 lineal feet of 36
inch pipe; 2,080 lineal feet of 48
inch pipe; 630 lineal feet of 54
inch pipe; 3,120 lineal feet of 60
inch pipe; 1,025 lineal feet of 72
inch pipe; 1,725 lineal feet of 78
inch pipe; 1,650 lineal feet of 84
inch pipe; and necessary appurte-
nances such as catch basins and
laterals from catch basins to the
storm sewer; 2,800 lineal feet of
12 inch water main and appurte-
nances; 3,300 lineal feet of 8 inch
sanitary sewer and appurtenances;
street replacement at approximate-
ly 8,000 tons of base stone, 800
tons of binder course, 1,400 tans
of surface course; and the reloca-
tion of existing house connections
to the various new and existing
utilities, The preliminary esti-
mated cost of the Kaufmann Ave-
nue Storm Sewer is in the amount
of $770,000.00. This figure includes
construction, engineering and in-
spection, administration and legal
cost, and contingencies,
The foregoing estimate is based
on preliminary surveys and design
calculations only, and will be sub-
, ject to refinement at such time as
detailed surveys are made and de-
sign drawings are .prepared, Bor-
ings will be necessary to locate
rock formatio~ts and quantities,
and an additional cost estimate for
rock excavation will be considered
for the project.
Mayor Kintzinger moved that
the study be referred to the Coun-
cil for further consideration and
prompt attention. Seconded by
Councilman Schueller. Carried by
the following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Weltt,
Nays-None.
Communication of City Solicitor
Nelson recommending that the
Council authorize the City Manag-
er to enter into contract with par-
ties to provide for sewer and wa-
ter service along Asbury Road out-
side the City Limits, presented and
read, Councilman Takos moved
that the communication be re-
ferred back to the Manager for
continued investigation of sewer
charges:: Seconded by Councilman
Welu, Carried by the following
vote::
Yeas-Mayor Kintzinger, Cowt-
cilmen Fi'euhd, Schueller, Takos,
Welu.
Nays-None:'
Communication of City Solicitor
Nelson submitting a contract for
provision of water service to Lloyd
Dalsing north of the City Limits,
presented and read. Councilman
Welu moved that the City Manager
be authorized to enter into the
agreement, Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
CONTRACT
This Agreement entered into be-
tween CITY OF DUBUQUE, IOWA,
as first party and LLOYD A. DAL-
SING, 3750 Central Avenue, Du-
buque, Iowa, as second party, WIT-
NESSETH:
Whereas first party operates a
municipal waterworks; and
Whereas, second party is the
owner of Lots 86, 87, 89, 94, 95,
96 and 97, all in Linehan Park
Addition in Dubuque Township,
Dubuque County, Iowa, which is
located outside of the corporate
limits of the City of Dubuque and
which shall hereafter be referred
to as "the premises served;" and
Whereas, second party desires
to have a six inch (6") watermain
extended from the present termi-
nus of the municipal waterworks
system in the area to the prem-
ises served and to purchase City
water from first party; and
Whereas, first party is agreeable
to provide said service under the
following terms and conditions:
NOW THEREFORE, it is agreed
between the parties hereto as fol-
lows;
1, Second party agrees to obtain
the necessary consents of all Gov-
ernmental bodies and all neces-
sary easements for the laying of
said watermains;
2. Upon such consents and ease•
menu having been obtained sec-
ond party agrees to construct said
six inch (6") water main along the
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514 Regular Session, December 7, 1959
une snown on the plat submitted
with second party's application to
the City of Dubuque for such ser-
vice and in accordance with plans
approved by the City Manager and
under the supervision of the City
Manager; second party agrees to
pay the entire cost of such con-
struction, including all necessary
engineering and inspection charges,
permit fees, street excavation and
restoration charges and all other
expenses necessary or incidental
to such construction;
3, Upon the completion of such
construction said six inch (6") wa-
termain and all pipes, valves and
fittings thereof .shall become the
property of first party;
4. Upon completion of such con•
struction first party agrees to pro-
vide City water to the premises
served through said six inch (6")
watermain under the regulations
7. In the event property abutting
said six inch (6") water main is
granted permission by First party
to connect thereto, first party
agrees to exact and collect a con•
nection charge for the benefit of
second party. Said connection
charge shall be determined by Res-
olution of the City Council of the
City of Dubuque upon certification
of second party to that body of
the total cost of construction of
said six inch (6") water main, The
right to said connection charge
shall inure to second party, his
heirs and assigns, personally, and
shall not run with the land and
shall continue even in the event
the first above described real es-
tate is annexed to the City of Du-
buque.
8. This Agreement shall be bind-
ing upon the parties hereto, their
heirs, suceessora and assigns.
or any subsequent amendments
thereto and at the price estab-
lished by Ordinance No, 54.58, or
any amendments thereto, for per-
sons, firms or corporations out-
side the City of Dubuque;
5, Second party covenants and
agrees to use his best efforts to
have the premises served by said
watermain annexed to the City
of Dubuque and in the event sec•
and party shall directly or indi-
rectly resist such annexation first
party may, at its option, terminate
this agreement, In the event such
termination is effected by first
party under the rights established
in this paragraph, first party shall
have the further rights, at its op-
tion to take up and remove the
said six inch (6") watermain, in-
cluding all pipes, valves, and fit-
tings, and retain the same as its
awn property, Any waiver by first
party of any breach of this para-
graph shall not constitute a waiver
of any subsequent breach hereof;
6, In the event the premises
served are annexed to the City of
Dubuque this Agreement shall be
terminated and second party shall
thereafter be served under the
same conditions and at the same
rates and charges as other users
located within the City of Du-
buque, but the said six inch (6")
watermain shall remain the prop-
erty of first party.
CPPY DF DUBUQUE, IOWA
Signed the 11th day of Decem~
ber, 1959. By Charles A. Kintzing•
er, Mayor, First Party.
Signed the 11th day of Decem•
ber, 1959. Lloyd A. Dalsing, Sec•
and Party,
Attest: Leo F, Frommelt, City
Clerk,
December 1, 1959
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have reviewed the attached S.
2563 (Calendar No. 950) pending
before the United States Congress
and believe it to be of doubtful
benefit to the pecple of the City
of Dubuque,
As stated in its title, the bill is
one to amend the Federal Com-
munications Act of 1934 to estab-
lish jurisdiction in the Federal
Communications Commission over
community antenna systems.
A "community antenna televi-
sion system" means any system of
receiving a television broadcast
and redistributing the same by
wire to subscribers but does not
include such a system that has less
than fifty subscribers,
Regular Session, December 7, 1959 515
The particular regulations of the
Act are:
(1) The system must have an
FCC license;
(2) The operator must have an
FCC license;
(3) The license may assign fre-
quencies, power, location, time of
operation and type of service to
' be rendered;
(4) The FCC regulates the qual-
ity of service;
The license is a revocable privi-
lege only and must be renewed
every five years;
(6) The Commission may grant
construction permits in connection
with the license;
(7) The license may not be as-
signed without commission approv-
al;
(8) The Federal Anti•Trust Laws
relating to monopolies or agree-
ments in restraint of trade, apply
to these systems by express pro-
visions of the Act;
(9) The "equal time" provisions
regarding political candidates ap-
ply to these systems;
(10) Systems in operation at the
time of enactment of the bill shall
be licensed, but if a television sta-
tion "assigned to the area" objects,
the license may require the system
to carry that station's programs;
(11) The Commission may pro-
hibit the system from carrying pro-
grams broadcast or scheduled to
he broadcast by a television sta-
tion assigned to the area.
This is a short summary of the
bill and is necessarily incomplete,
but I believe it is a fair statement
of the provisions that would ma-
terially affect Dubuque.
At the present time the people
of Dubuque are served by Du-
buque-Jerrold Television System
which is apparently a "community
antenna television" system within
tho meaning. of the Act. Its over
four .thousand subscribers each
have invested substantial sums of
money in the service through con-
nection charges,. The City has
granted the system a franchise to
string its cables in the City streets.
It therefore appears desirable to
evaluate this bill as to its benefit
to the people of Dubuque.
On the plus side is the probabil-
ity that the FCC can, at least in
theory, police the system some
better than the City can, However,
the FCC now has authority to po-
lice it as to the creation of inter-
Terence through radiation and it
polices the programs through the
broadcasting stations,
On the negative side, there are
several considerations that appear
at first study,
Tho bill authorizes the FCC to
grant "construction permits," It
is not clear whether it is the in-
tent that these permits are meant
to grant authority to string wires
in the City streets without City
permission, but it is difficult to
understand what else is meant, It
is possible this jurisdictional con-
flict could be reconciled. We
would still have the possibility
that the FCC license holder could
get a franchise from the voters
and the franchise holder could not
get an FCC license with the result
that there would be no service at
all, On the other hand, it is en-
tirely possible that a Federal Court
would hold Congress, by the enact-
ment of this law, has preempted
the field of regulation of commun-
ity antenna systems and the States
and cities would be powerless to
regulate them.
Apart from the jurisdictional
question there are other provisions
of the bill that should be consid-
ered.
The service may be curtailed by
an order of the FCC reducing the
hours of service. Of course, on the
other hand it might increase the
required period upon showing this
was economically sound.
Experiments with new types of
service such as background music
or local programs could not be
attempted without FCC permission.
In view of the fact that the Act
does not define what is meant by
a "television station assigned to
the area," it is entirely possible
that the Commission could either
require the system to carry an un-
desirable station or forbid it to
carry any of the stations serving
this area under the powers noted
in (10) and (il) above.
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516 Regular Session, December 7, 1959
It should be borne in mind that
this bill does not attempt to vest
any rate regulatory powers in the
FCC. The system will still be en•
titled to charge whatever it con•
sidered good policy dictates sub-
ject to the franchise provision that
the rate must be fair and reason-
able.
I recommend that you consider
this letter and, if you agree with
its conclusions, refer it to the
proper legislative officers,
Respectfully,
T, H. NELSON
Councilman Welu moved that a
resolution be presented and sent
to Congressmen and Senators
along with the City Solicitor's opin-
ion opposing the legislation. Sec-
onded by Councilman Freund, Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
December 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The petition of Joseph C, Schnei-
der, 2900 Central Avenue request-
ing rezoning of his property to
Local Business B District has been
considered by the Planning and
Zoning Commission.
The Commission feels that rezon-
ing this single parcel of property
to Local Business District would
not be proper and further some of
the uses permitted in Local Busi-
ness Bwould not be suitable in
this location;
Therefore the Commission rec•
ommends denial of the petition,
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Takos moved that
the communication be referred
back to the Planning & Zoning
Commission to see whether they
feel that Class B classification
could be divided. Seconded by
Councilman Schueller, Carried by
the following vote:
Yeas-Mayor Kintzingor, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
December 2, 1959
To the Honorable
Mayor and City Council
Dubuque, Iowa
Gentlemen;
The Petition of Mettel Realty
and Investment Co, requesting va-
cation of a portion of Heeb Stroet
has been considered by the Plan•
Wing and Zoning Comnssion.
The portion requested for vaca-
tion has been occupied by the ad-
joining owner for many years and
has no particular public use for
street purposes,
The Commission recommends
granting the request.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman Welu moved that
the recommendation of the Com-
mission be approved and that prop-
er .proceedings be prepared with
the proviso that the City always
have access to the property in or-
der to be able to maintain the re-
taining wall, Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
December 4, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen,
The Petition of Hillcrest Build-
ers Inc. and Jacobson Realty Inc,
requesting extension of present .
Local Business District A to in-
clude Lot 1 of Lot 7 and Lot 2 of
Lot 7 in Block 5, Hillcrest Heights
and the East 66,2 feet of Lot 2 of
Lot 1 of Lot "A" of Hillcrest Park
has been considered by the Plan-
ning & Zoning Commission.
A thorough discussion was held
by the petitioners and the objec-
tors, The advantages and disadvan-
tages were presented,
The Commission feels that the
area as now Zoned is sufficient for
a normal business operation and
no extension should be made at
this time.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Regular Session; Dece~b~r 7, 1959 517
Attorney Francis O'Connor ad-
dressed the Council by suggosting
a review of the action of the Plan-
ning & Zoning Commission, It is
very possible that if the petition
is turned down the interested par-
ties would still build the market.
He suggested that the petition be
held in abeyance and referred back
to teh Planning and Zoning Com-
mission. The re-zoning of the ad-
ditional area is needed for addi-
tional space to park employee's
cars.
Attorney Hal Reynolds, repre-
senting the opposing residents of
the area in extending Local A
classification was of the opinion
that the bsuiaess area should not
be extended one foot, Facts of
orderly zoning are the same now
as it was before, He further stated
that the business as proposed does
not fit the presently six lots zoned
Business A. The idea of the mar-
ket being built regardless is a
move to force result of expansion,
Mr. AI Newburg addressed the
Council by stating he is still op•
posed to the extension of Business
District A for the area as for-
merly stated on numerous other
occasions. With him it is a matter
of principle.
Councilman Takos moved that
the recommendation made by the
Planning & Zoning Commission be
approved, Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
December 7, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen,
The Planning and Zoning Com-
mission received the communica-
tion, of Hillcrest Investment, Inc,
regarding Vista View Addition
This communication does not
make a request for rezoning of the
area but refers to a proposed sub-
division with attached sketch in
which two family and multiple
family areas are indicated.
Thei Commission is returning
saidlettEr with no action because
specific request was not stated,
Yours very truly,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Cauncihnan Takos moved that
the communication be received and
filed. Seconded by Councilman
Welu, Carried by the following
vote;
Yeas-Mayor Kintzinger; Coun-
cilmen Freund, Schueller; Takos,
Welu,
Nays-None.
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning & Zoning Commis-
sion recommends to City Council
rezoning to Trvo Family Residence
District the following described
area:
Lot 2 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 2 of Mineral Lot
263 in Dubuque County, Iowa, now
in the City of Dubuque, Iowa; and
Lot 1 of Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 2 of Mineral Lot
263 in Dubuque County, Iowa, now
in the City of Dubuque, Iowa, ex•
cept the following described por•
tion of said Lot 1 of Lot 1 of Lot
1 of Lot 1 of Lot 2 of Mineral Lot
263,
Beginning at the Northeast cor-
ner of said Lot 1 of Lot 1 of Lot 1
of Lot 1 of Lot 1 of Lot 2 of Mirn
eral Lot 263, thence South 30°
04'/z' West 550 feet more or less,
thence North 52° 47' West 168
feet more or less, thence North
37° 16' East 515 feet more ox less,
then 76° 03' East 61.5 feet more
or less, thence South 76° 47' East
63.48 feet to the point of begin-
ning.
This is the area indicated on
the proposed sketch of Vista View
Addition submitted by Hillcrest In-
vestment, Inc, The rezoning of this
area will enable the owners to
plat proper lot sizes and layout
with the definite knowledge of
the Zoning Classification.
Respectfully .submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
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518 Regular Session, December 7, 1959
Mayor Kintzinger moved that
the communication be referred to
the Planning & Zoning Commis•
Sion as requested. Seconded by
Councilman Takos. Carried by the
following vote;
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-done.
Communication of Hillcrest In-
vestment Inc, requesting zoning of
Lots 1 to 9 inclusive in Vista View
Addition and Lot 2.1-1-1-1-2 of
Milieral Lot 263 and Lat 1.1.1-1-1-2
of Mineral Lot 263 to Two Multiple
Family Residence District and Lots
10 to 22 inclusive in Vista Viow
Addition and Lat 2-1-1-1.1.2 of Min-
eral Lot 263 and Lot 1-1-1-1.1-2 of
Mineral Lot 263 to Multiple Resi•
deuce District classification, pre-
sented and read. Alayor Kintzinger
moved that the request be referred
to the Planning & Zoning Commis-
sion as requested. Seconded by
Councilman Takos, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Notice' of claim of Miss Margaret
Flammang, in an unnamed amount,
for personal injuries received in a
fall on a defective sidewalk at W,
5th & Bluff Street on November
30, 1959, presented and read, Cotzn-
ciiman Freund moved that the
claim be referred to the City So-
licitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the follow-
ing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Notice of claim of Camillus R,
Hein in the amount of $31,12 for
car damage received as the result
of work being done in the street
while the car was properly parked
at W. 9th street on November 3D,
1959, presented and read. Coun-
cilman Freund moved that the
claim be referred to the City So-
licitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the fallowing
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
RESOLUTION N0, 24759
Resolution far Transfer of Trust
and Ageeicy, Dock-Industrial
Park Land Sales Fund to Dock-
Municipal Enterprise Fund.
WHEREAS, there is now in the
hands of the Treasurer of the City
of Dubuque, Iowa, the sum of
$38,000,00 credited to the Dock-
Industrial Park Land Sales, Trust
& Agency Fund; and
WHEREAS, an emergency exist-
'... ed and an appeal was made by the
Board of Dock Commissioners
which was approved by the City
Council at a regular session of
May 4, 1959, to transfer $28,000,00,
'said amount being the dawn pay-
mentfor land purchased by the St,
Regis Paper Company, from the
Trust & Agency-DOCK-INDUS-
TRIAL PARK LANll SALES
FUND, to the DOCK-MUNICIPAL
ENTERPRISE FUND, and
WHEREAS, a payment of $10,-
000,00 has been received from the
Harnischfeger Corporation, said
amount being paid at the time oth-
er Industrial Park Land was con-
sidered for purchase, and
WHEREAS, the revenue in' the
DOCK MUNICIPAL ENTERPRISE
FUND, is insufficient to meet its
estimated actual and necessary ex-
penses For the current fiscal year;
therefore be it
RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa,
that $38,000,00 in the Trust &
Agency, Dock-Industrial Park Land
Sales Fund, be transferred per-
manently to the Dock-Municipal
Enterprise Fund of said munici-
polity and;
The Treasurer of said municipal-
ity upon receipt of the approval of
the City Council is hereby direct-
ed to correct his books according-
ly and to notify the City Auditor
of the transfer,
Passed, adopted and approved
by recorded roll-call vote this 7th
Regular Session, December 7, 1959 519
day of December, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A, FREUND
LEO N, SCHUELLER
CLARENCE P, WELD
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, Welu.
Nays-Councilman Takos,
Proof of Publication, certified to
by the Publisher, of
AMENDMENT OF CURRENT BUDGET
NOTICE, RECORD OF HEARING AND CERTIFICATE
TO AMEND CURRENT BUDGET
Chapter 24, Code of Iowa, 1950, as amended by H. F, 459, 55th G, A,
NOTICE-The City Council of Dubuque of Dubuque County, Iowa,
will meet at City Hall, December 7th, 1959, at 7:30 P.M„ for the purpose
of amending the current City of Dubuque budget adapted August 4th,
1958, by increasing expenditures for the following reasons and in the
fallowing funds:
Street Fund from ................................................$244,065.00 to $306,690,00
Street Road Use Tax Fund from .................. 219,OD0.00 to 263,060.00
Sanitation Fund from ...................................... 327,925.00 to 356,400,00
Municipal Enterprise Fund from ................ 297,036,00 to 385,946,00
Recreation Fund from ...................................... 252,579.00 to 201,094.00
Trust & Agency Funds From ........................ 214,300:00 to 235,400.OD
The increase in expenditures set out above will be met from in-
creased receipts and cash balances not budgeted or considered in the
current budget. There will be no increase in taxes to be paid in 1959,
Taxpayers will be heard fox or against the proposed amendment at
the time and place specified in this notice. A detailed statement of addi•
tional receipts other than taxes, cash balances on hand at the close of
the preceding fiscal year, and proposed disbursements, both past and
anticipated, will be available at the hearing,
LEO F, FROMMELT,
1t-11/24 City Clerk.
No written objections were filed,
Mayor Kintzinger 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.
Navs-None.
ORDINANCE N0. 6459
An Ordinance amending Budget
as approved by Resolution No. 167-
58 and Ordinance No. 1-59, having
been passed upon for first read-
ing on November 23, 1959 and
placed on file for public inspec-
tion, presented for Final Adop•
tion,
ORDINANCE NO. 64.59
An Ordinance amending Budget as approved by Resolution
No. 167-68 and Ordinance No, 1-69.
Be It Ordained by the City Council of the City of Dubuque;
That the unexpended cash balances on hand at the close of
the preceding fiscal year not estimated or appropriated In the
original budget approved by' Resolution No, 167-58 and Ordinance
No. 1-b9 are hereby allocated and appropriated for payment of
necessary expenditures of Gity Government, in the following amounts
and for the purposes as hereinafter set forth, and to that end the
appropriations and allocations of funds are hereby authorized, to-wit:
RECEIPTS
Unencumbered ' Unap'ated
Balance Ad"nalRevenue
Fund.
Municipal Enterprise-Airport ...._...... 2,610.00 2,610,00
Street Fund .... .... .... .............62,625,00 62,626,00
Street Road Uae Tax Fund ................ 22,060,00 22,000.00 44,060.00
Sanitation Fund ..........~ ............................. 28,476.00 28,476,00
Municipal Enterprise-Docks ............ 45,000,U00 41,300.000 86,30D,00
ftecreatian-General Fund .................... 2,76b.00 2,765.00
Recreation-Playground Imp. ........... 6,760.U0 6,760.00
Iowa Public Employee's
Retirement System .......... .... 275.U0 276.00
Federal Social Security .... .................. 2,950.00 2,950.00
Police Retirement Fund ............. .... 8,300.OD 8,34D,OD
Fire Retirement Fund .......................... 9,575.00 9,675.00
186,010,00 68,675,00 268,686.00
f ~',...,
1,
~,'
1
520 Regular Session, December 7, 1959
EXPENDITURES
Street Fund
Item No. 135-J Street Construction ,......~.....~...~ .............. 35,175A0
Item No. 141-Snow Removal .............................................. 27.450A0
These appropriations shall be paid from
Unencumbered Cash balance and over and
above amounts anticipated January 1, 1969
Street Road Use Tax
Item No. 132-Street Repairing and Grading ............... 44,000,00
This appropriation shall be paid from
Unencumbered Cash balance and revenue
aver and above amounts anticipated
January 1, 1959
Sanitation Fund
Item No 127-Sewer Maintenance ...........- .................. _. 8,125.00
Item No. 134-Ash, Rubbish-Can and
Garbage Collections ........................................................_ ...10,350,00
Item No, 162-J-2 Main Sewers and Inlets ................... 10,000,00
These appropriation's shall be paid from
Unencumbered Cash Balance over and above
amounts anticipated January 1, 19b9
Municipal Enterprise-Docks
Item No. 153-A-Doclt Operation .................................... 20,725,00
Item No 153-C-Riverfront Improvement .. .................. 65,575.00
These appropriaticns shall be paid from
Unencumbered Cash balance and revenue
over and above amounts anticipated
January 1, 1959
Municipal Enterprise-Airport
Item No. 157-Airport Operation ........................................ 2,610.OD
This appropriation shall be paid from
revenue over and above amount
anticipated January 1, 1959
Recreation General
Item No. 145-B-Outdoor Recreation .............................. 2,545.OD
Item No. 145-Swimming Pool .......................................... . 220,00
This appropriation shall be paid from
revenue over and above amount
anticipated January 1, 1969
Recreation-Playground Improvement
Item No. 148-J-Playground Improvement ......_.....,_._.., . 6,760,OD
This appropriation shall be paid from
Unencumbered Cash balance over and above
amounts anticipated January 1, 1959
Iowa Public Employee's Retirement System
Item No, 156-J-1-City Share ............................................. .. 27b,00
This appropriation shall be paid from
Unencumbered Cash balance over and above
amounts anticipated Tanuary 1, 1959
Federal Social Security
Item No 156-J-2-City Share ..........................................._.. 2,950,OD
This appropriation shall be paid from
Unencumbered Cash balance over and above
amounts anticipated January 1, 1959
Police Retirement Fund
Item No. 154-J-2-Police Retirement .................................. .. 8,3DO,OD
This appropriation shall be paid from
Unencumbered Gash balance over and above
amounts anticipated January 1, 1959
pare Retirement Fund
Item No, 155-J-2-Fire Retirement .................................. .. 9,b7b.0U
This appropriation shalt be paid from
Unencumbered Cash balance over and above
amounts anticipated January 1, 1959
Total Aflditional appropriations for the
expenditure of City Government of the
City of Dubuque, Iowa, for the fiscal
year beginning January 1, 1959 and
ending December 31, 1959 ...................................................... ..253,685.UU
Passed upon first reading this 23rd day of November , 1959.
Passed, adopted and approved, upon final reading this 7th
day of December, 1969,
Charles A, Kintzinger
MAYOR
George A. Freund
Leo N, Schueller
Clarence P. Weiu
COUNCILMEN
Attest: Leo P. Frommelt,
CITY CLERK
Published officially. in the Telegraph-Herald nowspapet• [his
:4th day of December, 1959.
Leo F. Frommelt,
City Clerk.
1t. 12.14.
Regular Session, December 7, 1959 521
Councilman Schueller moved the the first reading of the Ordinance,
adoption of the Ordinance, Second- Seconded by Councilman Schueller.
ed by Councilman Welu, Carried Cal~•ied by the following vote:
by the following vote: Yeas-Mayor Kintzinger, Coun-
Yeas-Mayor Kintzinger, Coun- cilmen Freund, Schueller, Takos,
cilmen Freund, Schueller, Welu. Welu.
Nays-Councilman Takos, Nays-None.
November 27, 1959 Councilman Freund moved that
To the Honorable Ma or the rules be suspended requiring
Y an Ordinance to be read on three
and City Council separate days. Seconded by Coun•
Dubuque, Towa cilmen Schueller. Carried by the
Gentlemen; following vote;
The petition of Russell R. and Yeas-Mayor Kintzinger, Coun-
LaVom]e T, Kerth of 215 Saunders ,cilmen Freund, Schueller, Takos,
Street requesting permission to Welu.
construct a retaining wall in front Nays-None.
Of h1S prOpel'ty W8S referred to ORDINANCE N0, 67.59
the City Council t0 V1eW the AN ORDINANCE Granting Rus-
sell R. and LaVanne T. Kerth
grounds. Permission to Construct a Re•
Mr. Kerth's home is at an eleva• taming wau in s a u n d e r s
tion of about 20 feet above that BEeeIT ORDAINED BY THE
Of Saunders StTCet In front Of his CITY COUNCIL OF THE CITY
loperty. The street line is ver of DUBUQUE, IowA:
p' Y SECTION 1. That Russell R.
close to the front of his property ana La vohne T. xerth, as owners
1'eSU1t1R In a VOT Stee embank- of Lot 2 of Lot 60 and Lot 1 of 2 oP
g Y p Lot 61, Fairmont Park Addition,
ment. It is impossible for Mr. in the city of Dubuque, Iowa, are
Kerth t0 have Ste S leaden t0 h1S hereby granted permission to con-
A g sh•uct a retaining wall in Saunders
front eritranCO from the Street at Street parallel to the curbing and
a olrit d1TCCt1 lri front Of his not closer than five (5) feet from
p Y the back of the curb line subject
hOUSC, We have 1]lOVed the Center t° the following conditions:
line of the street east three feet (A) That cola wan be construct-
ed under the supervision of the
at this IOCat10ri In Order t0 pro- City Manager.
vide 1'oom for sidewalks, (B) That the permission herein
granted is revocable at the pleas-
It was the decision of the Coun- ure of the city council, with or
cil upon investigating this condi• +vithout cause.
(C) That the said permittees
tion that it would be in the best agree in writing for themselves,
interests of all concerned to grant their successors or assigns to re-
move said wall at their expense
perm15510ri t0 Construct a letalrilrig in the event the permiss[on here-
Wall On the Clty Street fiYe feet in(p~aThat,tin the event tho per-
back Of the proposed Curb line, mission herein granted is revoked,
It is recommended that the de- the permittees for themselves,
their successors or assigns, agree
Cislon Of the CounCll be Confirmed. to remove said wall at their ex-
Respeetfully submitted, pence, within a reasonable time
and in the event of their failure
L. J, SCHILTZ, to do so ,the City may remove the
City MariageT same and assess the cost thereof
against the first described prop-
Councilman Freund moved that erty.
the recommendation of the Ci (E) That said permittees pay
tY the cost of the publication of this.
Manager be approved, Seconded by ordinance as proviaea by law.
(F) The City Clerk be and he is
Councilman Schueller, Carried by hereby ordered and directed to re-
the following vote: Cora a certified copy of this ordi-
YeaS-Ma Or K1ritZiri er COUn• Hance in the County Recordg?;~,
Y g Office of Dubuque County, Iowa.
cilmen Freund, Schueller, Takos, SECTION 2. That this Ordi-
nance be in full force and effect
WeIU, upon its passage and publication
Nays-None. as provided by law and the ac-
reptance of the terms ana eondi-
ORDINANCE N0, 67.59 tions in limiting by the permittees.
Passed, adopted and approved
Ari Ordinance granting Russell this 7th day of December 1959.
R. and LaVonrie T, KCl$h permiS- CHAbg yor A. KINTZINGER,
s10n t0 Construct a retaining Wall GEORGE A, FREIIND
in Saunders Street, presented and CIE.eRn~NCnHPEw1ELu
road, PETER J .TAKOS
Counciman Freund moved that Couucilmen
the reading just had be considered ATmEST: LEO F. FROG ty~Clei•k.
522 Regular Session, December 7, 1959
ACCEPTANCE OF ORDINANCE
N 0, 67.59
Russell R. and LaVonne T,
Kerth, as owners of Lot 2 of Lot
60 and Lot 1 of 2 of Lot 61, Fair-
mont Park Addition, in the City
of Dubuque, for themselves, their
successors and assigns, accept and
agree to the terms and conditions
of Ordinance No. 67-59 as enacted
by the City Council of the City of
Dubuque, Iowa.
Dated this 10th day of Decem-
ber, 1959.
RUSSELL R. KERTH
LaVONNE T. KERTH
Published officially in The Teie-
mraph-Herald newspaper this 16th
day of December 1959.
LEO F. FROMMELT,
lt. 12-16 City Olerk.
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 Notice of pub•
lie hearing to consider the pro-
posal to vacate Lynn Street from
E, 18th to E. 19th Street; the alley
first east of Sycamore Street from
18th to 19th and to convey said
vacated areas together with Wly,
8' of Lot X, Wly. 8' of Lot L in
East Dubuque Addn. Wly. 8' of
Lot C Block 13, Wly, 8' of Lot A
Black 13 and Lots 9, 10, 11 & 12
in Block 5 Railroad Addn, to Du-
buque Packing Company, in ex-
change for 22 lots to be deeded to
the City in East Dubuque Addition,
presented and read. No written
objections were filed and no oral
objectors were present at the time
set for the public hearing.
Councilman Freund moved that
the proof of publication be re-
ceived and filed. Seconded by
Councilman Schueller, Carried by
the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE N0. 68.59
An Ordinance Vacating Lynn
Street from East. Eighteenth Street
to East Nineteenth Street and the
alley first east of Sycamore Street
from East Eighteenth Street to
East Nineteenth Street, and au-
thorizing the conveyance of said
vacated areas to Dubuque., Pack-
ing Company, together with' other
properties, in exchange for certain
real estate, presented and read,
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilman Schuel-
ler, Carl7ed by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
ORDINANCE No, 8839 ........
An Ordinance Vacating Lynn Street
from East Eighteenth Street to East
Nineteenth Street and the Alley-first
east of Sycamore Street from East
Eighteenth Street to East Nineteenth
Street, and Authorizing the Convey-
ance of said vacated areas to Dubuque
Paclting Company, together with other
properties, in exchange for certain real
estate.
Whereas, Dubuque Packing Company,
as owner of abutting property, has pe-
titioned the City Council to vacate
Lynn Street from East Eighteenth
Street to East Nineteenth Street and
the alley first east o£ Sycamore Street
from East Eighteenth Street to East
Nineteenth Street and to convey said
vacated areas, together with other City-
owned real estate to petitioner In ex-
change for certain property now owned
by petitioner; and
Whereas, the Planning and Zoning
Commission has recommended the va-
cation of said portion of said street and
alley; and
Whereas, petitioner has prepared and
submitted for Council approval a plat
prepared by Bartels & McMahan, En-
gineers, showing said portion of said
street and alley and assigning lot num-
bers thereto; and
Whereas, the City Council at a pub-
lic hearing held December 7, 1959, pur-
suant to notice published In the Tele•
graph Herald November 12th, 1959 and
November 19th, 1959, has determined
that it is iu the best pubne interest
that said portion of said street and
alley be vacated and the interest of
the City of Dubuque therein, together
with certain other City-owned real es-
tate be conveyed to the Dubuque Pack-
ing Company, in exchange far certain
hereinafter described real estate owned
by llubuque Packing Company;
NOW THEREFORE, Be It Ordained
by the City Council of the City of Du•
buque:
Section 1. That Lynn Street from
East Eighteenth Street to East Nine-
teenth Street be and the same is here-
by vacated;
Section 2, That the alley first east
of Sycamore Street from East Eight-
eenth Strset to East Nineteenth Street
be and the same is hereby vacated;
Regular Session, December 7, 1959 523
Section 3, That the plat showing the
vacated portions of said street and
alley and assigning lot numbers there-
to, as submitted by petitioner, be and
the same is hereby approved and the
Mayor and City Clerk be and they are
hereby authorized and directed to exe-
cute tits same on behalf of the City of
Dubuque;
Section 4, That the Mayor and City
Clerk be and they are hereby author-
ized and directed to execute and de-
liver Qnit Claim Deeds, quit claiming
all rights, title and interest of the City
of Dubuque, in the following lots in
the City of Dubuque, Iowa, to-wit:
Lot 5, Block 5, Railroad Addition;
Lot C, Bloclc 5, Railroad Addition;
Westerly 8 Feet o£ Lot X, East Du•
buque Addition;
Westerly 8 feet of Lot L, East Du•
buque Addition;
Westerly 8 feet of Lot C, Block 13,
Railroad Addition;
Westerly 8 feet of Lot A, Block 13,
Railroad Addition;
Lots 9, 10,.11, and 12 in Block 5, Rail•
road Addition;
and conveying the same to Dubuque
Packing Company, and deliver said
deed upon receipt of a warranty deed
of the Dubuque Packing Company con-
veying to the City of Dubuque,
Lots 506, 507, 508, 529, 530, 531, 532,
564, 506, 568, 507, 668, 582, 583, ^ 584,
586, 688, 687, 813, A•4, A-5, and A•B,
in East Dubuque Addition No. 2, in the
City of Dubuque, Dubuque County,
Iowa:
Section 5. That the City Clerk is
hereby directed to record a certified
copy of this Ordinance in the office of
the County Recorder of Dubuque Coun-
ty, Iowa;
Section 6, This Ordinance shall be in
full force and effect from and after its
final passage, adoption and publication
as by law provided,
Introduced the 7th day of December,
1959.
Rule requiring reading on three sepa-
rate days suspended by unanimous vote
the 7th day of December, 1959.
Passed by recorded roll call vote,
adopted and approved this 7th day of
December, 1959,
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest:
Leo F, Frommelt
City Clerk
Published officially in the Telegraph
Herald newspaper this 14th day of De-
cember 1959,
LEO F, FROMMELT.
City Clerk
It 12-14
Councilman Freund moved the
adoption of the Ordinance, Second-
ed by Councilman Schueller, Car-
ried by the following vote;
Yeas-Mayor Kintzinger, Ctrun•
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. b9.59
An Ordinance Vacating the alley
running through Lot One of Sum-
mitt Place from Delhi to Forrest
Lane, 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 fallowing vote:
Yeas-Mayor Kintzilger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
Councilman Freund moved that
the rules be suspended requiring
an Ordinance to be read on three
separate days. Seconded by Coun-
cilman Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE No. 69.69
An Ordinance Vacating the Al-
ley running through Lot One of
Summitt Place from Delhi Strset
to Forrest Lane,
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE, IOVGA:
Section t, That the public alley
running through Lot One of Sum-
mitt Place from Delhi Street to
Forrest Lane, be and the same
is hereby vacated;
Section 2, This Ordinance shall
be in full force and effect from
and after. its final passage, adop-
tion and publication as by law
provided.
Introduced the 7th day of De-
cember, 1959,
Rule requiring reading on three
separate days suspended by unani-
mous vote the 7th day of Decem-
ber, 1959.
Passed by recorded roll call vote,
adopted and approved this 7th
day of December, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A, FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councilmen
Attest:
Leo F, Frommelt
City Clerk
Published officially in the Tele=
graph Herald newspaper this 14th'
day of December 1959.
LEO F. FROMMELT
City Clerk
1t 12-14
Councilman Freund inoved 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,
:~
i'
I
'i ~;
~~` llj,'
524 Regular Session, December 7, 1959
December 2, 1959
To the Honorable
Mayor and City Council
Dubuque, Iowa
Gentlemen:
Petition of Harold E, Rucks et
a1 requesting rezoning of the north
side of the 1400 Block on Dodge
Street to Multiple Family Resi-
dence District and including same
in the special classification regard-
ing professional offices has been
considered by the Planning & Zon•
ing Commission,
The Commission believes the use
intended and as listed in the Mul-
tiple Family section would not be
in compatible with the general
area and would establish a buffer
zone against the local business on
one side and a residential on the
other side.
Therefore the Planning & Zon-
ing Commission recommends re-
zoning of this area to Multiple
Family and listing same in the
special use classification.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Mayor Kintzinger moved that
the recommendation of the Plan•
ning & Zoning Comnssion be ap-
proved. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu•
Nays-None.
ORDINANCE N0. 70.59
An Ordinance Amending and
changing the Zoning Map and Zon-
ing Ordinance of the City of Du-
buque, Iowa, as provided by Ordi-
nance No, 3.34, designated the Zon-
ing Ordinance, so as to change the
herein described area (Lot 6, Lot
1 of 7, Lot 1 of 8, 5.100' of Lot 9
Reeder Langworthy Sub, & Lot 1
and Lot 1A of Murphys Sub.) from
Two Family Residence District
Classification to Multiple Family
Residence District Classification,
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-
cilman Schueller, Carried by the
following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Councilman Freund moved that
a public hearing be held on the
Ordinance on January 4, 1960, at
7:30 P.M. in the Council Chamber
and that the City Clerk be in-
structed to publish notice of the
hearing in the manner required
by law. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. 71.59
An Ordinance Amending the
Zoning Ordinance of the City of
Dubuque by Repealing Sub-section
"j" of Section 1 of Article 4 of
the Zoning Ordinance of the City
of Dubuque and Enacting Substi-
tutes therefore to Authorize Addi-
tional uses in the Multiple Resi-
dence District, presented and read.
Councilman Freund moved that
the reading just had be considered
the first reading of the Ordinance.
Seconded by Councilmau 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-
cilman Schueller, Carried by the
fallowing vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Councilman Freund moved that
a public hearing be held on the
Ordinance on January 4, 1960, at
7:30 P.M, in the Council Chamber
and that the City Clerk be instruct-
Regular Session, December 7, 1959 52S
ed to publish notice of the hearing
in the manner required by law.
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen,
I am attaching hereto an ordi-
nance that will amend the traffic
code and add a new section de-
fining acommercial vehicle,
Under our existing ordinance
this type of vehicle is not defined
and in order to enforce oul• no
parking regulations in the alleys,
a clear cut definition should be
established.
Respectfully submitted,
L. J, SCHHfTZ
City Manager
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Schueller. Carried. by the follow-
ing vote:
' Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0, 72.59
An Ordinance Amending Ordi-
nance No, 33-49, known as the
Traffic Cade of the City of Du•
huque, by Adding a new Section
1.48 thereto, 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-
cilmen Schueller, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE ND, 72.69
An ordinance Amending Ordi•
nonce No. 33.49, Known as the
Traffic Code of the City of Du•
huque by Adding a new Section
1,48 thereto,
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE:
Section 1, That Ordinance Nb.
33-49, ]mown as the Traffic Code
of the City of Dubuque, be and
the same is hereby amended by
adding a new Section 1,48 thereto
as foliows~
"1.48-Commercial vehicle means
every vehicle designed, main-
tained or used primarily for the
transportation of property."
Section 2. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law
Provided.
Introduced the 7th day of De-
cember, 1969.
Rule requiring reading on three
separate days suspended by Unani-
mous vote the 7th day of Decem-
ber, 1969.
Passed by recorded roll call Vote,
adopted and approved this 7th day
of December, 1959. 1
CHARLES A, KINTZINGIAR
Mayor
GEORGE A, FREUND
LEO N, SCHUELLER
CLAItENCE P, wELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Published officially in The Tele-
graph-Herald newspaper this 14th
day of December 1969.
LEO F, FROMMELT
]t. 12-14 City Clerk
Councilman Freund moved the
adoption of the Ordinance, Second-
ed by Councilman Schueller, Car•
ried by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am attaching an ordinance ac-
cepting the conveyance of Lot 2
of 2 of the Subdivision of Lot 1
of 159'and Lot 2 of 2 of Lot 159
of L, H, Langworthy Addition and
Lot 2 of the Sub. of 1 of Lot 1 of
Vogt Place. and the widening. of
Kane Street to include tliese lots,
The purpose of this ordinance is
to accept these lots and establish
an them a portion of Kano Street.
This was necessitated by the wid•
ening of Kane Street from Kauf•
mann Avenue north to the first
i,.
,.
i;
526 Regular Session, December 7, 1959
turn, Beyond that we had suffi-
cient right of way for the full
width of the street,
Respectfully submitted,
L. J, SCHILTZ,
City Manager
Councilman Schueller moved
that the communication be re-
ceived and filed, Seconded by
Councilman Takos, Carried by the
following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
ORDINANCE NO, 73.59
An Ordinance accepting the con-
veyance of Lot 2 of 2 of the Sub-
division of Lots 1 of 159 and Lot 2
of 2 of 159 of L. H. Langworthy
Addition and Lot 2 of the Sub, of
Lot 1 of Lot 1 of Vogt Place and
widening Kane Street to include
same, 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-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
ORDINANCE N0. 73.59
An Ordinance accepting the con-
veyance of lot 2 of 2 of the sub-
division of lots 1 of 159 and lot
2 of 2 of 159 of L, H, Langworthy
Addition and lot 2 of the aub of lot
1 of I^t iof Vogt Place and widen-
. ing Kane Street to include same,
Whereas the City of Dubuque
has acquired title to Lot 2 of 2
of the sub-division of Lots 1 of
1b9 and Lot 2 of 2 of 159 of L. H.
:Langworthy Addition and also Lot
2 of the sub of Lot 1 of Lot 1
of Vogt Place in the City of Du-
buque, Dubuque County, Iowa for
the purpose oY widening Kane
Street;
NOW THEREFORE, Be it Or-
dained by the City Council of the
City of Dubuque;
Section 1. That the conveyances
of the following described real es-
tate situated in the City of Du-
buque, Dubuque County, Iowa, de-
seribed as Lot 2 of 2 of the sub-
divislon of Lots 1 of 169 and Lot
2 of 2 of 169 of L. H, Langworthy
Addition and Lot 2 oP the aub of
Lot 1 of Lot 1 oP Vogt Place, ba
and the same are hereby accepted
by the City of Dubuque, and that
Kane Street is hereby widened to
include the above described real
estate and established as a public
street,
Section 2. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of the Ordinance in the of-
fice of the County Recorder of Du-
buque County, Iowa.
Section 3. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as by law
provided,
Passed, adopted and approved
this 7th day of December 19b9.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest;
LEO F, FROMMELT
City Clerk
Published officially in the Tele-
graph-Herald newspaper this 14th
day of December 1969.
LEO F. FROMMELT
City Clerk
lt. 12-14
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,
We1u,
Nays-None.
Petition of Neil Lutes request-
ing transfer of W'/z of Lot 15 of
Littleton and Sawyers Subdivision
that evidently was omitted in a
previous transaction, presented
and read, Mayor Kintzinger moved
that the petition be granted and
that proper proceedings be pre-
pared. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Jahn Eisenegger et
al requesting the installation of a
street light on May Place, present-
ed and read, Councilman Freund
moved that the petition be re-
ferred to the City Manager and
Electrical Inspector for investiga-
tion and report. Seconded by Coun-
cilman Takos, Carried by the fol-
lowing vote,
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Regular Session, December 7, 1959 52T
Petition of C, C. Fay et al re-
questing the erection of a street
light on Rockdale Road approxi-
mately 500' south of the last light
which is at Fox Drive, presented
and read, Councilman Freund
moved that the petition be referred
to the City Manager and Electri-
cal Inspector for investigation and
rport. Seconded by Councilman Ta•
kos, Carried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Petition of Norbert H. Sauser,
requesting a $50.00 refund on the
unexpired portion of cigarette li-
cense No, 275, as he has discon-
tinued business on November 2,
1959, presented and read.
Councilman Schueller moved
that the refund be granted and the
Auditor instructed to issue a war-
rant payable to Norbert H. Sauser,
in the amount of $50.00, to coven
the amount due on the unexpired
portion of cigarette license No.
275. Seconded by Councilman Ta-
kos. Carried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
V1elu.
Nays-None,
Petition of Edwin P, Willy et al
requesting that the name of Ran-
dall Place be changed to Country
Club Drive, presented and read,
Councilman Schueller moved that
the petition be referred to the
City Solicitor to have proper pro-
ceedings prepared. Seconded by
Councilman Takos, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
Petition of Robert Mueller et al
requesting that no change be made
in the parking limits of East 15th
Street from Iowa to White Street,
presented and read, Councilman
Freund moved that the petition be
referred to the City Manager and
Traffic Department, Seconded by
Councilman Takos, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
RESOLUTION N0.248~59
Whereas, on December 7, 1953,
the City Council of the City of
Dubuque adopted Ordinance No.'
70-53, vacating Lindale Street, Kev-
indale Street and Woodlawn Street'
in Strub Subdivision, and provid•
ing, among other things, for the
conveyance of "that portion of
Kevindale Street lying between the
northwest corner of Lot 3 fn Strub
Subdivision and the intersection
of street lines produced of Lin-
dale Street and Kevindale Street,"
to Albert G, Houtz, Jr, and Patri•
cia S, Houtz, which Ordinance
therein described said parcel as
"Lot 3A of Strub Subdivision;"
and
Whereas, because of the wording
of the dedicatory certificates of
the plat of Clarence Strub's Sub•
division, which plat was approved
also on December 7, 1953, a ques-
tion has arisen whether said above
described tract to be conveyed to
Albert G. Houtz, Jr, and Patricia
S. Houtz should more properly
be described as,
Lot 3A in Clarence Strub's Sub•
division;
Now Therefore, Be It Resolved
by the City Council of the City..
of Dubuque:
Section 1. That in order to clar•
ify said ambiguity the Mayor and
City Clerk be and they are hereby
authorized and directed to exe•
cute a Quit Claim Deed conveying
all rights, title and interest of the
City of Dubuque in Lot 3A in Clar-
ence Strub's Subdivision in the
City of Dubuque, Dubuque County,
Iowa (meaning and intending that
portion of Kevindale Street lying..
between the northwest corner of
Lot 3 in Strub Subdivision and the
intersection of street -lines pro•
doted of vacated Lindale street
and. Kevindale Street)... and deliver
the same to Albert G. Houtz, Jr,
and Patricia S. Houtz.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A, FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
52$ Regular Session, December 7, 1959
Councilman Freund moved the
adoption of the resolution, Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
December 2, 1959
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted is plat of
Blocks 1, 2 and 3 of C. J. Bies Sub,
in Section 28, Dubuque Township.
This subdivision is located on the
south side of Pennsylvania Avenue
about one quarter mile beyond the
City Limits.
This subdivision has been ap-
proved by the Planning and Zon-
ing Commission,
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman rreund 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 N0.249.59
RESOLUTION approving Plat of
Block 1, Block 2 and Block 3 in
"C. J, Bies Subdivision" in Section
28, Dubuque Township, Dubuque
County, Iowa,
WHEREAS there has been filed
with the City Clerk a plat in which
Lot 1 of Lot 1 of Lot 1 of Lot 2
of Northwest One-Quarter of
Northeast One-Quarter, Section 28,
Township 89 North,. Range 2 East
of 5th Principal Meridian; and of
Lot 2 of Lot 2 of Lot 1 of North-
west One-Quarter of Northeast
One-Quarter, Section 28, Township
89 North, Rango 2 East of 5th
Principal Meridian; and of
Lot 1 of Lot 2 of Lat 3 of South-
west One-Quarter of Northeast
One-Quarter, Section 28, Township
89 North, Range 2 East of 5th
Principal Meridian, each in Du•
buque Township, Dubugue County,
Towa, is platted as
Lots 1, 2, 3, 4, 5 and 6, each
in Block 1 in "C, J. Bies Subdivi-
+';,
i;~~.
r~.
lion" in Section 28, Dubuque Town-
ship, Dubuque County, Iowa; and.
Lots 1, 2, 3, 4, 5, 6 and 7, each
in Black 2 in "C, J, Bies Subdivi-
sion" in Section 28, Dubuque
Township, Dubuque County, Iowa;
and
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13 and 14, each. in
Block 3 in "C. J, Bies Subdivision"
in Section 28 Dubuque Township,
Dubuque County, Iowa, and,
WHEREAS said plat has been
examined by the City Plan Com-
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to the
Statutes and Ordinances relating
thereto;
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa:
Soction 1. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
` this 9th day of December, A,D.,
1959.
CHARLES A. KLVTZLVGER
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, Second-
ed by Councilman Welu, Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
December 9, 1959
'Po the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
This is to advise you that the
City of Dubuque 1959 Grading
Pt•oject No, 1, Section II, North
Grandview Avenue from the North
Property Line of Ungs Street north
to Station 30 FOQ under contract
with the Saffron Construction Cam-
Regular Session, December 7, 1959 529
pony, has been completed accord-
ing to plans and specifications, ex-
cept for the final finish grading of
sub base,
The contractor, Saffron Con-
struction Company, has agreed to
finish this final grading next
spring when so directed by the
City Engineer,
I therefore recommend the ac-
ceptance of this Project with the
reservation that an appropriato
amount of money be retained from
the final payment until the finish
grading is completed,
Respectfully submitted,
L. J. SCHII,TZ
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved, Seconded by
Councilman.Freund, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.250.59
WHEREAS, the contract for the
City of Dubuque 1959 Grading
Project No, 1 Section II, North
Grandview Avenue from the North
Property Line of Ungs Street north
to Station 30+00, has been com-
pleted and the City Engineer has
submitted his final estimate show-
ing the cast thereof including the
cost of estimates, notices, inspec-
tion, and preparing the assessment
and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve~
went is hereby determined to be
$48,48320.
That None of the cost thereof
shall be assessable upon private
property and $48,48320 shall be
paid from the Street Construction
(135J) Fund of the City of Du-
buque.
Passed, adopted and approved
this 7th day of December, 1959,
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Freund moved the
adoption of the resolution, Sec-
onded by Councilman Schueller,
Carried by the following vote:
Yeas-Mayor Kintzingor, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
(A Resolution Accepting
Improvement)
RESOLUTION NO.251.59
WHEREAS, the contract for the
City of Dubuque 1959 Grading
Project No, 1, Soction II North
Grandview Avenue from the North
Property Line of Ungs Street north
to Station 30+00, has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plans
and specifications and recommends
its acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted,
Be It Further Resolved, that the
City Treasurer be and he is hereby
directed to pay to the contractor
from the Street Construction Fund
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N,SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Freund. Car-
ried by the fallowing vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
530 Regular Session, December 7, 1959
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise you that the
"City of Dubuque 1959 Concrete
Curb & Gutter Project No. 1, Sec-
tions I, H, and IH" under contract
with Schueller Blacktop Co, has
been completed with the following
exceptions:
1, In Section No. 1-McClain
Street is not completed.
2. In Section III, Grandview Ave-
nue from Kane Street to Ungs
Street, the curb and gutter is not
completed from Kaufmann Ave-
nue to Ungs Street.
The work that is completed. has
been done according to plans and
specifications,
I, therefore, recommend the ac•'
ceptance of the portion of work
that is completed on this project,
Respectfully submitted,
L, J, SCHIhTZ
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Freund, Carried by the
following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None,
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 252.59
WHEREAS, the contract for the
City of Dubuque 1959 Concrete
Curb & Gutter Project No. 1. Ex-
cept McClain Street from North.:
Property Line of Dodge. Street to
a point 170,5 feet North and that
portion of North Grandview Ave-;
nue from the North Property Line
of Ungs Street to the South Prop-
erty Line of Kaufmann Avenue.
Section I.
1. Illinois Avenue from West'
Property Line of Drexel to the
North Property Line of Pennsyl-
vania Avenue,
2. Ohio Avenue from South Prop-
erty Line of Pennsylvania to North
Property Line of Illinois Avenue.
3, Alpha Avenue from South
Property Line of Illinois Avenue
to North Property Line of Van
Buren Street,
4, Evergreen Street from North
Property Line of Lindale Street to
South Property Line of Kaufmann
Avenue,
5. Kaufmann Avenue from East
Property Line of Evergreen to
East Property Line of Theda Drive.
6. Kane Street from North Prop-
erty Line of Kaufmann Avenue to
East Property Line of Primrose
Street.
7. Collins Street from South
Property Line of Lombard Street
to South Property Line of St, Jo•
seph Street.
8, Marquette Street turn around
at end of street.
9. Harrison Street from South
Property Line of Jones to North
Property Line of Dodge Street,
10. Lindale Street from East Prop-
erty Line of Woodlawn Street to
West Property Line of Lot 1-1-1-1-1-
2-31 of Highland Park Addition.
11, Alta Place from North Prop-
erty Line of Delaware Street to
South Property Line of Green
Street.
12, Born Avenue from South
Property Line of Indiana Avenue
to North Property Line of Ridge-
way Avenue,
Section Ih
1, Chaney Road from North
Property Line of Asbury Road to
South Property Line of Kaufmann
Avenue,
Section III.
1. That portion of North Grand•
view Avenue from North Property
Lino of Kaufmann Avenue to
South. Property Line of Kane
Street.
Has been completed and the City
Engineer has submitted his final
estimate showing the cost thereof
including the cost of estimates,
notices, inspection, and preparing
the assessment and plat, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
Section I-$50,566,82; Section H-
$11,521.70; Section III-$7,597.93.
That Section I-$36,309,10, Sec-
tion II-$11,143,30, Section III-
$5,916,14, of the cast thereof shall
be assessable upon private prop-
erty and Section I-$14,257,72, Sec-
tion II-$378,40, Section III-
Regular Session, December 7; 1959 531
$1,681,79, shall be paid from the
$2,432,58-139 & $13,885,33-135J
Fund of the City of Dubuque.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KIldTZRQGER
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. Second-
ed by Councilman Takos.. Carried
by the following vote:
Yeas-Mayor Kintainger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
(A Resolution Accepting Improve•
meat and Directing trhe Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0, 253.59
WHEREAS, the contract for the
City of Dubuque 1959 Concrete
Curb and Gutter, City of Dubuque
1959 Concrete Curb & Gutter Proj-
ect No, 1. Except McClain Street
from North Property Line of
Dodge Street to a point 170,5 feet
North and that portion of North
Grandview Avenue from the North
Property Line of Ungs Street to
the South Property Line of Kauf-
mann Avenue,
Section i.
1. Illinois Avenue from West
Property Line of Drexel to the
North Property Line of Pennsyl-
vania Avenue.
2, Ohio Avenue from South
Property Line of Pennsylvania to
North Property Line of Illinois
Avenue.
3. Alpha Avenue from South
Property Line of Illinois Avenue
to North Property Line cf Van
Buren Street,
4, Evergreen Street from North
Property Line of Lindale Street to
South Property Line of Kaufmann
Avenue.
5, Kaufmann Avenue from East
Property Line of Evergreen to
East Property Line of Theda
Drive.
6, Kane Street from North Prop-
erty Line of Kaufmann Avehue to
East Property Line of Prfmrose'
Street.
7.' Collins Street from South
Property Line of Lombard Street
to South Property Line of St. Jo-
seph. Street,
8, Marquette' Street turn around
at end of street.
9. Harrison Street from South
Property Line of Jones to North
Property Line of Dodge Street,
10. Lindale Street from East
Property Line of Woodlawn Street
to West Property Line of Lat 1-1-
1-1-1-2-31 of Highland Park Addi-
tion.
11. Alta Place from North Prop-
erty Line of Delaware Street to
South Property line of Green
Street,
12, Born Avenue from South
property line of Indiana Avenue
to North Property Line of Ridge•
way Avenue.
Section I1.
1. Chaney Road from North
Property Line of Asbury Road to
South Property Line of Kaufmann
Avenue,
Section III.
1. That portion of North Grand-
view Avenue from North Property
Line of Kaufmann Avenue to
South Property Line of Kane
Street,
Has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its acceptance, now
therefore,
BE IT RESOLVED; by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
sessment for said improvement
and file the same in the office of
the City Clerk subject to public
inspection and said Clerk shall
upon receipt of such plat and
schedule publish the notice of the
532 Regular Session, December 7, 1959
Council's intention to levy special
assessments therefor, as required
by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street
improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per•
centage provided for therein.
Passed, adopted and approved
this 7th day of December, 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 Freund moved the
adoption of the resolution, Sec•
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise you that the
"City of Dubuque 1959 Bituminous
Concrete Paving Project No. 1,"
Section I, II, and III, under con-
tract with Schueller Blacktop Com•
pony, Inc: has been partially com-
pleted. The portion that is com-
pleted has been done according to
plans and specifications.
I, therefore, recommend that
this improvement be accepted as
per City Councii decision of meet-
ing of November 23, 1959.
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:
Ycas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu,
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, 10WA
RESOLUTION N0. 254.59
WHEREAS, the contract for the
CITY OF DUBUQUE 1959 BITU-
BIlQOUS CONCRETE PAVING
PROJECT N0. 1. Except McClain
Street from the North Property
Line of Dodge Street to a point
170.5 feet North and that portion
of Chaney Road from North Prop-
erty Line of Asbury Road to South
Property Line of Kaufmann Ave•
nue that would be levied on Spe•
cial Assessment.
Section I.
1. Kaufmann Avenue from the
West Property Line of Carter
Road to the East Property Line
of Theda Drive.
2. Evergreen Street from the
North Property line of Lindale
Street to the South Property Line
of Kaufmann Avenue.
3. Carter Road from the North
Property Line of Kaufmann Ave-
nue to the North Property Line of
Kane Street.
4. Kane. Street from the East
Property Line of Lot 2.1 Willy
Place to the East Property Line
of Lot 1.1.1 of Olds Place.
5. Kane Street from the East
Property Line of Carter Road to
the East Property Line of Lot 2,
Block 4, Scenic View Heights.
6. Kane Street from the North
Property Line of Kaufman Ave-
nue to the East Property Line of
Primrose Street,
7. Adeline Street from Ramona
to End of Street.
Section II.
1, Chaney Road from the North
Property Line of Asbury to the
South Property Line of Kaufmann
Avenue, City Share Only.
Has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of es-
timates, notices, inspection, and
preparing the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
Section I-$62,885.32, Section II-
$14,77529.
Regular Session, December 7, 1959 533
That Section I-$52,743.96 and
Section II-0.00, of the cost there-
of shall be assessable upon private
property and Section I-$10,141.36
and Section II-$14,775.29 shall be
paid from the Section I-$10,141.-
3G-135J, and Section II-$14,775.-
29-135J Fund of the City of Du-
buque.
Passed, adopted and approved
this 7th day of December, 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 Freund, Schueller, Takos,
Welu.
Nays-None.
(A Resolution Accepting Improve~
meet and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0.255.59
WHEREAS, the contract for the
City of Dubuque 1959 Bituminous
Concrete Paving Project No. 1,
Except McClain Street from the
North Property Line of Dodge
Street to a point 170,5 feet North
and that portion of Chaney Road
from North Property Line of As•
bury Road to South Property Line
of Kaufmann Avenue that would
be levied on Special Assessment.
Section I.
1. Kaufmann Avenue from the
West Property Line of Carter Road
to the East Property Line of The•
da Drive.
2. Evergreen Street from the
North Property line of Lindale
Street to the South Property Line
of Kaufmann Avenue.
3. Garter Road from the North
Property Line of Kaufmann Ave•
nue to the North Property Lane
of Kane Street.
4. Kane Street from the East
Property Line of Lot 2-1 Willy
Place to the East Property Line of
Lot 1-1.1 of Olds Place.
5. Kane Street from the East
Property Line of Carter Road to
the East Property Line of Lot Z,
Block 4, Scenic View Heights.
6, Kane Street from the North
Property Line of Kaufmann Ave-
nue to the East Property Line of
Primrose Street,
7. Adeline Street from Ramona
to End of Street.
Section II.
1, Chaney Road from the North
Property Line of Asbury to the
South Property Line of Kaufmann
Avenue, City Share Only.
Has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and -specifica-
tions and recommends its aocept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
sessment for said improvement
and file the same in the office
of the City Clerk subject to pub-
lic inspection and said Clerk shall
upon receipt of such plat and
schedule publish the notice of the
Council's intention to levy special
assessments therefor, as required
by law.
BE 1T FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street
improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per•
centage provided for therein.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A. KTNTZIlJGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P. WELU
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
534 Regular Session, December 7, 1959
Councilman Welu moved the
adoption of the resolution, Sec-
onded by Mayor Kintzinger, Car•
tied by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
December 7, 1959
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise you that the
improvement of Marquette Place
with Bituminous Concrete Paving
under contract with Schueller
Blacktop, Inc., has been completed
in accordance with plans and spec-
ifications.
I, therefore, recommend the as
ceptance of this improvement.
Respectfully submitted,
L, J, SCHILTZ
City Manager
Mayor Kintzinger moved that
the recommendation of the City
Manager be approved, Seconded
by Councilman Welu. Carried by
the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.256.59
WHEREAS, the contract for the
improvement of Marquette Place
with Bituminous Concrete Paving
from end of existing concrete pav
ing at the South Property Line of
Lot 2 of 2 of 3 of Audubon Addi-
tion to the East Property Line of
Lot 308 of Glendale Addition No.
3 has been completed and the
City Engineer has submitted his
final estimate showing the cost
thereof including the cost of esti-
mates, notices, inspection, and pre-
paring the assessment and plat,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$1,823.41.
That $1,823.41 of the cost there-
of shall eb assessable upon private
property and $0.00 shall be paid
from the Fund of the City of Du-
buque,
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N.SCHUELUER
CLARENCE P. WELU
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Takos, Carried
by the following vote:
Yeas-Mayor Kintzinger, Couri-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
(A Resolution Accepting Improve-
ment and Directing the Clerk to
Publish Notice.)
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 251.59
WHEREAS, the contract for the
improvement of Marquette Place
with Bituminous Concrete Paving
from end of existing concrete pav-
ing at the South Property Line of
Lot 2 of 2 of 3 of Audubon Addi-
tion to the East Property Line of
Lot 308 of Glendale Addition No, 3
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the
contract, plans and specifications
and recommends its acceptance,
now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby di-
rected to prepare a plat and sched-
ule showing the lots or parcels of
real estate subject to assessment
for said improvement and file
the same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street
Regular Session, December 7, 1959 535
improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
CowicIlmen
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.
December 7, 1959
To the Honorable Mayor
and City Council
City of Dubuque
Dubuque, Iowa
Gentlemen:
This is to advise you that the
City of Dubuque 1959 Boulevard.
Lighting Project No. 1 has been
completed in accordance with,
plans and specifications, The proj-
ect is completed with the excep-
tion of painting a portion of the
standards which are equipped with
traffic signals. These standards are
to be painted yellow from the traf-'
fic signal to the base. The traffic
signals were not painted due to
the erection of the Christmas deco-
rations on the standards, This will
be completed after the decorations
are removed.
I, therefore, recommend that
the improvement be accepted with
the reservation that an amount of
the payment be withheld until the
painting is completed.
Respectfully submitted,
L, J. SCHH,TZ
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.
FINAL ESTIMATE
CITY OF DUBUQUE, IOWA
RESOLUTION N0.258.59
WHEREAS, the contract for the
City of Dubuque 1959 Boulevard
Lighting Project No, 1,
BID SECTION 1-Plan A-Main
Street from 4th Street to 12th
Street.
BID SECTION 3-Plan A-Main
Street from 12th Street to 13th
Street,
BID SECTION 4-Plan B-Iowa
Street from 4th Street. to Loras
Boulevard,
BID SECTION 7 - Plan A -
Eighth Street from Bluff Street
to Central Avenue.
BID SECTION 8-Plan A-Ninth
Street from Bluff Streot to Cen-
tral Avenue has been completed
and the City Engineer has sub-
mitted his ffnal estimate showing
the cost thereof including the cost
of estimates, notices, inspection
and preparing the assessment and
plat, now therefore,
BE IT RESOLVED by the City
Council of the City of Dubuque:
That the cost of said improve-
ment is hereby determined to be:
BID SECTION 1 ..........$36,792,08
BID SECTION 3 ....,,,,., 4,476,64
BID SECTION 4 ...,,,,,,. 36,070,81
BID SECTION 7 ,,,,,.,,,, 13,894,08
BID SECTIOAT 8 ,.,.,,,,,, 14,445,14
CITY COST .................. 1,265,91
$106,944.66
That Bid Section 1 ($36,792,08),
Bid Section 3 ($4,476,64), Bid Sec•
tion 4 ($36,070.81), Bid Section 7
($13,894.08) and Bid Section 8
($14,445.14) of the cost thereof
shall be assessable upon private
property and City Share ($1,265.91)
shall be paid from the 162,11 Fund
of the .City of Dubuque.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P, WELD
PETER J, TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
N
I
h
536 Regular Session, December 7, 1959
Councilmen Freund moved the
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the following vats;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
(A Resolution Accepting Improve•
want and Directing the Clerk to
Publish Notice.]
CITY OF DUBUQUE, IOWA
RESOLUTION N0.259.59
WHEREAS, the contract for the
Construction of City of Dubuque
1959 Boulevard Lighting Project
No. 1:
Bid Section 1- Plan A -Main
Street from 4th Street to 12th
Street;
Bid Section 3 - Plan A -Main
Street, from 12th Street to .13th
Street;
Bid Section 4 - Plan B -Iowa
Street from 4th Street to Loras
Boulevard;
Bid Section 7 - Plan A -
Efghth Street from Bluff Street
to Central Avonue;
Bid Section 8 - Plan A -Ninth
Street from Bluff Street to Cen-
tral Avenue.
Has been completed and the
City Manager has examined the
work and filed his certificate stat-
ing that the same has been com-
pleted according to the terms of
the contract, plans and specifica-
tions and recommends its accept-
ance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby di-
rected to prepare a plat and sched-
ule showing the lots or parcels of
real estate subject to assessment
for said improvement and file the
same in the office of the City
Clerk subject to public inspection
and said Clerk shall upon receipt
of such plat and schedule publish
the notice of the Council's inten-
tion to levy special assessments
therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street im-
provement bands issued upon the
above described improvement in
amount equal to the amount of his
contraet,less any retained percent•
age provided for therein,
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A. KINTZINGER
Mayor
GEORGE A, FREUND
LEO N.SCHUELLER
CLARENCE P, WELD
PETER J. TAKOS
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller, Car-
ried by the following vote;
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
December 7, 1959
To the Honorable Mayor
and City Council;
Dubuque, Iowa
Gentlemen:
Herewith submitted is plat of
Block 4 and Black 6 in Rolling
Ridge Subdivision Na. 2 in the City
of Dubuque, Iowa, Block 4 is lo-
cated on West side of Ohio Avenue
between Illinois Avenue and Penn-
sylvania Avenue, Block 6 is located
on the Southeast corner of Enid
Street and Rlinois Avenue. This
subdivision is owned by Hillcrest
Builders, Inc,
This subdivision has been ap•
proved by the Planning & Zoning
Commission,
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Secretary
Councilman F'~~eund moved that
the communication be received
and filed. Seconded by Councilman
Welu. Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
Regular Session, December 7, 1959 037
RESOLUTION N0.260.59 RESOLUTION NO. 261.59
Rosolution Approving Plat of
Block 4 and -Block 6 in "Rolling
Ridge Subdivision No. 2 in the
City of Dubuque, Iowa,
WHEREAS there has been filed
with the City Clerk a plat in which
Lot 1 of "Nola &Schrup Place
No. 1" in Dubuque Township, Du-
buque County, Iowa, now in the
City of Dubuque, Iowa; and Lot
2 of Lot 1 of "Nola &Schrup Place
No, 2" in Dubuque Township, Du-
buque County, Iowa, now in the
City of Dubuque, Iowa, is platted
as Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9
each in Block 4 in Rolling Ridge
Subdivision No, 2 in the City of
Dubuque, Iowa; and Lot 1 and 2,
each in Block 6 in "Rolling Ridge
Subdivision No. 2" in the City of
Dubuque, Iowa and,
WHEREAS said plat has been
examined by the City Plan Com-
mission and had its approval en-
dorsed thereon; and,
WHEREAS said plat has been
examined by the City Council and
they find the same conforms to
the Statutes and Ordinances re-
lating thereto;
NOW, THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa:
Suction i. That the above de-
scribed plat be and the same is
hereby approved and the Mayor
and Clerk be and they are hereby
authorized and directed to endorse
the approval of the City upon said
plat.
Passed, adopted and approved
this '7th day of December A.D.,
1959,
CHARLES A. KINTZINGER
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CLARENCE P, WELU
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
tiJelu.
Nays-None,
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
permit to sell cigarettes and cigar-
ette papers within said City.
Name Address
Mrs, Dora Hohmann, 609 East 22nd
Street
BE IT FURTHER RESOLVED
that the bond filed with the appli-
cation be approved.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KINTZRVGER,
Mayor
GEORGE A. FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Schueller. Car-
ried by the. following vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueler, Takos,
Welu.
Nays-None,
RESOLUTION N0. 262.59
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
granted and licenses be issued up-
on the compliance with the terms
of the ordinances of this City.
CLA55 "B" PERMIT
Name Address
Peter' Schwartz, 574 East 16th
Street
Roger J. Bertsch, 326 Main Street
Joseph J. Schulte, 450 West Locust
Street
Edward A, Haberkorn, 2616 Wind•
sar Avenue
John B. Burgmaier, 2419 Rhomberg
Avenue
Mrs, Marcella Roeder, 26 West 7th
Street
Walter C, Ryan, 75 East 4th Street
538 Regular Session,
CLASS "B" BEER PERMIT FOR
PRIVATE CLUB
Benevolent & Protective Order of
Elks No, 297, 7th and Locust
Streets
CLASS "C" PERMIT
Cruso A, A1ba,2601 Jackson Street
Helen O'Mara, 1397 Washington
Street
Passed, adopted and approved
this 7th day of December, 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 Schueler 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.
RESALUTION fVO. 263.59
WHEREAS, heretofore applica•
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE IT RESOLVED by the City
Council of City of Dubuque that
the Manager be and he is directed
to issue to the following named ap-
plicants aBeer Permit,
CLASS "B" PERMIT
Name Address
Peter Schwartz, 574 East 16th
Street
Roger J. Bertsch, 326 Main Street
Joseph J. Schulte, 450 West Locust
Street
Edward A. Haberkorn, 2616 Wind•
sor Avenue
John B, Burgmaier, 2419 Rhomberg
Avenue
Mrs. Marcella Roeder, 25 West 7th
Street
Walter C. Ryan; 75 East 4th Street
December 7, 1959
CLASS "B" PERMIT FOR.
PRIVATE CLUB
Benevolent & Protective Order of
Elks No. 297, 7th and Locust
Streets
CLASS "C" PERMIT
Cruso A, Alba, 2601 Jackson Street
Helen O'Mara, 1397 Washington
Street
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 7th day of December, 1959.
CHARLES A, KINTZINGER,
Mayor
GEORGE A, FREUND
LEO N, SCHUELLER
CLARENCE P. WELU
PETER J, TAKOS
Councilmen
Attest; LEO F. FROMMELT,
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second•
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Kintzinger, Coun•
cilmen Freund, Schueller, Takos,
Welu.
Nays-None,
There being no further business
Councilman Welu moved to ad-
journ, Seconded by Councilman
Takos, Carried by the following
vote:
Yeas-Mayor Kintzinger, Coun-
cilmen Freund, Schueller, Takos,
Welu.
Nays-None.
LEO F, FROMMELT,
City Clerk
Approved ....................................1960
Adopted ......................................1969
Councilmen : .............................:......
Attest; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
City Clerk