Loading...
1958 July Council Proceedings_~~r ,_; $egular Session, July 7,195$ CITY COUNCIL (OFFICIAL) Regular Session, July 7, 1958. Council met at 7:30 P, M. Present -Mayor Welu, Coun- cilmen Freund, Kintzinger, Schuel• ler, Takos. City Manager Schiltz. Mayor Welu read the caPl 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. Communication of State De- partment of Health issuing per• mil No. 58.100.5 for the construc- tion of 8" and 12" sewers in Clover Hills Subdivision, 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of State De• partment of Health issuing permit No. 58•lO1S for the construction of 8" sewers in Lenox Addition, presented and read. Councilman Freund moved that the commu• nication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Communication of State De- partment of Health issuing per- mit No. 58.99-5 for the canstruc- tion of the 12" Windsor Avenue Relief Sewer, presented and read. Councilman Freund moved that the communication be received and filed, Seconded by Council- man Schueller. Carried by t h e following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. PEOPLES NATURAL GAS Mr. L. J. Schiltz City Manager, Dubuque, Iowa. Dear Mr, Schiltz: We have been requested to file, for information purposes, the .rates charged for interruptible 303 natural gas deliveries in Dubuque. A schedule of these rates is at- tached, Many of the interruptible de- liveries are to large industrial us• ers and the rates and service to such consumers are separately ne• gotiated, These sales generally fall in the Class C, D or F category. The smaller interruptible consum• ers fall within Classes AA, A and B, and the rates for such de- liveries are shown. Also attached is a copy of the typical contract for the interruptible consumers in these classes. If you desire further informa- tion, please advise. Very truly yours, C. P. Harrison. RATES FOR NATURAL GAS INTERRUPTIBLE (CURTAILABLE) CUSTC+MERS Class AA: Those customers us- ing between 40 M.C.F. and 1,500 M.C.F, per month. $.55 per M.F.C. per month net. Minimum monthly charges; $22.00 per meter. Class A: Those customers using between 1,500 M.C.F, and 2,006 M.C.F. per month, $.40 per M.C.F, per month net. Minimum monthly charges: $300.00 per meter. Class B: Those customers using between 2,000 M.C,F, and 4,000 M.C.F. per month. $.38 per M.F.C. per month. Minimum monthly charges: $380.00 per meter. Class C: Those customers using between 4,000 M,C,F, and 8,000 M.C.F, per month, Service and rates for these customers will be the subject of negotiated con- tracts. Class D: Those customers using between 8,000 M.C.F. and 20,000 M.C.F, per month. Service a n d rates for these customers will be the subject of negotiated con• tracts. Class F: Those customers using over 20,000 M.C.F. per month. Ser• vice and rates for these customers will be the subject of negotiated contracts. Classification of each customer shall be determined by the aver- age volume of gas used or esti- mated to be used in the 3 maxi- mum months during the year. Classification shall be changed where necessary to conform to ac• tual volume used. Any curtailment necessary for 306 Regular Session, July 7,1958 and Animal Control. The increase in the budget is $34,815.00 pro posed for contingency items that are recomeded to be included as well as partial cost of a new am- bulance. The tax increase for pub• lic safety is $54,230.00 because of lower unexpended balances that will be available in 1959. The Street Fund budget is in• creased over 1958 because of an increase estimated to be available from unexpended balance on Jan• nary 1, 1959. This increase will provide part of the funds needed for the improvement of Grandview Avenue between Clarke Drive and Kaufmann Avenue. There is a tax reduction of $1,606.00 in this fund. The Street (Road Use Tax) Fund is supported by revenue from the Road Use Fund and is budgeted for the same amount or the esti• mated revenue and there is no tax money in this fund. The Sanitation budget is re• duced approximately $22,700.00, however this is because of reduc• tion of operating expenses at the sewage treatment plant and has no effect on any tax revenue. There is a small increase in the Health Department budget of about $1,400.00 and there is an overall tax increase of $7,987.06. This is because of a reduction in unexpended balance in 1959 over 1958 of $15,000;00, otherwise there would be a tax reduction. In the Municipal Enterprise Fund the budget expenditures for 1959 will be $32,341.00 under 1958, however, the taxes requested are $35,297.00 more than in 1958. The increase attributable to the Air- port Commission is $27,049.00 and is for construction of the hangar floor, apron, electrical wiring and plumbing. The funds for part of the hangar construction were appro- priated in 1958 and there will be unexpended balance available in 1959, The Library budget includes only the expenditure for salaries to bring them in accordance with the Pay Plan in effect for 1958 and the reduction in unexpended bal- ance necessitates a tax increase of $8,350.00. The Dack Commission budget is about $1,000.00 under 1958 and the tax revenue is the same, All revenue will be used for river- front improvement around t h e terminal and for Area "A" devel- opment. The funds for this area will not be expended until a com- plete plan is submitted and funds from the Harnischfeger Company are received. The Recreation budget which includes those expenditures of the Park Board and Recreation Com- mission is $25,477.00 over 1958. Park General fund and Park Im• provement fund have an unex- pended balance that is intended for the improvement of Flora Park and Grandview Park. Taxes far parks are the same as those of 1958. The budget for Recrea- tion and Recreation Improvements in 1959 is $113,453.00 including the golf course while last year it was $110,139.00. Tax revenue for recreation is $47,383.00 while in 1958 it was $42,909.00 which is an increase of $4,454,00 even though there is a small decrease in the Recreation expenditure. This is because there is only $1,- 500.00 unexpended balance in 1959 while in 1958 it was $13,345.00. The Utilities Fund which in• eludes the Water Department ex• penditures is $696,280.00 for 1959 as compared to $640,338.00 for 1958. There is a $9,000.00 increase figured for street and traffic light- ing for additional lights in new areas of the City. The Water Department expen• ditures include $568,780.00 from Water Department revenue which includes an increase in revenue from all minimum bills of .42c per month, also there is a tax levy of $15,000.00 to reimburse the Water Department for water used by all city departments now re- ceiving water without charge. Sal- aries of the City Manager, City Auditor and City Treasurer have been deleted from this budget. Taxes for the Utility Fund in 1959 are figured at $87,000.00 as compared to $62,946.00 in 1958. Debt Service Fund for 1959 is $231,310.00 which is approximately the same as in 1958. Trust and Agency Funds which include all pension payments is increased from $175,687,00 in 1958 to $183,037.50 in 1959. This in• crease is due to retirement of fire- men and policemen that are now eligible and sufficient levy to keep Regular Session, July 7,1958 307 the fund on an acturial sound ba- sis as recommended by the ac- tuary who examines our pension system. The Parking Meter budget in 1959 amounts to $232,000,00 as compared to $239,000.00 for 1958. Balances of $81,883.00 plus in• come of $150,117.00 make the to• tal. After paying bond interest and principal plus maintenance of meters and lots and paying $18,- 500.00 for traffic control by the Police Department, there is $140,- 000.00 for parking lots. All reve• nue from parking meters is used for traffic control, maintenance, bond retirement and parking lot acquisition. No funds are used for other city offices. The total amount of money to be levied for taxes is $2,077,118.00 or an increase of $120,872,00 which will make an increase of 125 mills with 1958 valuations, excluding any utilities increase. The budget for 1959 is $4,029,- 825.00 and in 1958 the figure was $3,998,789.00. The major increases in the bud• gets are Airport $27,000.00, Public Safety $54,230.00, Recreation $9,- 054.00, Sanitation $7,987.00, Utili- ties $24,000.00 and Pension Pay- ments $8,150.00. Respectively submitted, L. J. SCHILTZ, City Manager Mayor Welu moved that the communication be referred to the Council to be considered at an executive meeting of the Council to be held on Wednesday eve- ning, July 9, 1958. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Walu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 7, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit Senior High Subdivision for your approval. I recommend that same be ap• proved by your Honorable Body so that we can proceed with the sale of property. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kintzinger moved the approval of the plat. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. June 27, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Mrs. George Lampinen, Box 1948, Rural Route No. 2, Grass Valley, California, far damages sustained in a fall on the steps on the in- side of the City Hall June 9th, 1958 and recommend that the same be denied for the reason that there is no liability on the part of the City for defects in this location. Sincerely, T. H. Nelson. Councilman Kintzinger moved that the recommendation of the City Solicitor be approved. Sec• onded by Mayor Welu. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. Communication of John Daska- lakis stating that nothing had been done about payment for the brok• en plate glass in front of h{s building quite some time ago, which resulted in a damage claim against the City and also com• plaining about a nearby restaurant expelling grease onto his property through their ventilation equip- ment, presented and read. Coun- cilman Kintzinger moved that the former denial of the claim for the plate glass be confirmed and the grease complaint be referred to the City Manager and Health Department for investigation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Jeanette Rettemaier and Mrs. Gerrp Rusch of 607 Lincoln Avenue, in an unnamed amount, for damage to their basement and furnace in Tr~'1 308 Regular Session, July 7,1958 their home as the result of a sewer backing up on July 1, 1958, presented and read. Councilman Schueller moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Mrs. Sarah Keckevoet of 553 W. 3rd Street, in an unnamed amount, for per- sonal injuries received as the re• suit of a fall on a defective side- walk at 970 Locust street on June 2, 1958, presented and read. Coun- cilman Schueller moved that the claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Notice of claim of Paul and Patricia Varvel of 736 Ramona street, in the amount of $1,300.00 for damage to their property as the result of negligent sewer ex- cavations during November of 1957 and also a communication explaining the situation of Hen- nessey Bros. Inc. insurance com- pany affecting this claim, pre- sented and read. Councilman Kint- zinger moved that the claim and insurance company communica- tion be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Ta- kos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE NO. 48.58 An Ordinance changing the name of Lenox Avenue to Van Buren street and changing the name of Althauser avenue to Terrace Hill, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance be read on three separate days. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilman Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on August 4, 1958 in the Council Chamber at the City Hall at 7:30 P. M. ORDINANCE NO. 49.58 An Ordinance granting Riverside Bowl Inc., the right to construct a Sanitary Sewer, Water Main and Storm Sewer in Harbor Street; pro- viding the terms and conditions hereof; and providing for connec- tion charges, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 49.58 An Ordinance Granting Riverside Bowl, Inc., the Right to Construct a Sanitary Sewer, Water Main and Storm Sewer in Harbor Street: Providing the Terms and Condi- tions hereof; and Providing for Connection Charges. Be it Ordained By The C1ty Council Of The City Of Dubuque, Iowa: Section 1. That Riverside Bowl, Inc., be and it is hereby granted the right to construct an 8 inch vitrified the pipe sanitary sewer in Harbor Street from Shires Ave- nue Extension to a point 300 feet west of the south line of Haw- thorne Street, upon the following terms and conditions: Regular Session, July 7,1956 (a) That grantee agrees to cmi- struct said sewer within one year from [he date of the adoption of this Ordinance and to pay the en tics cost thereof, including the cost of restoring the surface of the street where necessary; (b) That said sewer shall be constructed in accordance with plans approved by the State De- partment of Health and the City Manager, and under the supor- visiun and direction oP the City Manager and City Engineer; (a) That grantee will enter into a contract for the construction of said sewer with a qualified con- tractor, which contract, among other things, shall contain a clause requiring the con[rac Wr to obtain all necessary permits required by the City of Dubuque, or any other governmental agency, a clause ob- ligating the contractor and his bondsmen to keep Bald sewer iu good repair for a permd of not less than two years from [he date of the acceptance of the work, and a clause requiring the contractor to furnfsh a surety bond with the C9ty of Dubuque named as one of the obligees, guaranteeing the faithful performance of said con- tract; (d) That upon the completion of said sewer and the accep.ance of the same by the City Council said sewer shall become a Public sewer under the exclusive charge and control of the City of Dubuque and Its free use as such shall not be interfered with by the grantee, its successors or assigns; Section 2. That Riverside Bowl, Inc., be and it is hereby granted the right to construct a six inch cast iron water main in Harbor Street, from the present water main in Shiras Avenue Extension, to a point approximately 300 feet west of the west line of Hawthorne Street, upon the following terms and conditions: (a) That grantee agrees to con- struct said water main within one year from [he date of the adoption of this Ordinance, and to pay the entire cost thereof, including the cost of restoring [he surface of the street, if required, except that the City of Dubuque shall reim- burse grantee for the amount of said coat attributable to the dif- ference between a two inch copper main and a six inch cast iron main, in accordance with the ratio of cost currently employed for such purposes; (b) That said water main shall be constructed in accordance with plans approved by the State De- partment of Health and the City Manager and under the super- vision and direction of the City Manager and City Engineer; (c) That grantee will enter into a contract for the conatructio^ of said water main with a qualified contractor which contract, among other things, will contain a clause requiring the contractor to obtain all necessary permits required by the City of Dubuque, or any other governmental agency; a clause ob- ligating the contractor and his bondsmen to keep said water main in good repair for a period of nut less than two years from the date o[ the acceptance of the work, and a clause requiring the con- tractor to furnish a surety bond with the City of Dubuque named as one of the obligees, guarantee- 309 ing the faithful performance of said contract; (d) That upon the completion of said water main and the accept- ance of the same by the City Council, said water main shall become a public water main, under the exclusive control of the Water Department of the City of Dubuque and its free use shall not be inter- fered with by grantee, its succes- sors or assigns; Section 3. That Riverside Bowl, loc., be and it is hereby granted the right to construct a storm sew- er across Harbor Street from a point on the north side of Harbor Street, approximately 300 feet west of the west line of Harbor Street, south across Harbor Street, to a point on the south line of Harbor Street, approximately 300 feet west of the west line of Hawthorne Street, upon the following terms and conditions: (a) That grantee agrees to con- struct said sewer within one year from the date of the adoption of this Ordinance and to pay the en- tire cost thereof; (b) That the permit herein granted shall not be construed to authorize, in any way, the grantee to break the asphalt surface of Harbor Street; (c) That said storm sewer shall be constructed in accordance with plans approved by and under [he supervision and direction of the City Manager and City Engineer; (d) That said grantee will enter into a contract for the construction of said storm sewer with a quali- fied contractor, which contract, among other thing's, will contain a clause requiring the contractor to obtain all necessary permits re- quired by [he City of Dubuque, or any other governmental agency, a clause obligating the contractor and his bondsmen to keep said storm sewer in good repair .or a period of not less than two years from the date of the acceptance of the work and a clause requirinK the contractor to furnish a surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful perform- ance of said contract; Section 4. That the authority herein granted shall terminate on September 1, 1958 unless the terms and conditions of this Ordinance are accepted fn writing by the grantee prior to that date; Section 5. After said sanitary sewer has been completed and the total cost thereof has been paid by grantee, the grantee hereof shall file with the City Council a certified statement showing in de- tail all amounts paid out by it in connection with the construction of said sewer, including engineer- ing fees, inspection fees and the cost of restoring the surface of the street, if any. Thereafter any person or persons desiring to con- nect with said sower, except the grantee herein, shah first apply to the City Manager for permis- sion so to do and such pnrmisaion shall be granted upon condition that the applicant pay to the City Treasurer, for the account of the grantee herein, a connection charge equal to one-third of the cost of said sewer, as shown by said certi- fied statement. However, such con- nection charges shall not be ex- acted for any extension of said sewer made by the City of Du- buque, or its permittees, but no ~. 310 Regular Session; July 7,1958 oonnectlaa to serve any portion of Block 2 of Rlver Front Subdivision No, 3 in the City of Dubuque, lows shall be considered an extension of said sewer; Section 6. After said water main has been completed and the por- tion of the coat herein provitlen fur has been paid by grantee herein, the grantee herein shall file with the Clty Clerk a certified state- ment showing in detail the portion of said coat paid by grantee. Thereafter, any person or persons desiring to uronnect with said water main, except the grantee herein, ahan first apply to the City Man- ager for permission so to do, and such permission shall be granted upon the condition that the ap- yyncant pay to the Clty Treasurer, for the account of the grantee herein, a connection charge equal to one•th~rd o[ the portion of the coat of said water main paid by graatee, as shows by said ~tate- mant. However, such connection charge shall not be exacted for made bynthe CityeoP Dubuque~or its permitteea. Seetfao 7. This Ordinance shall be in full force and effect from and after [ta final passage, adoption and publication as provided by yaw Introduced the 7th day of July, lass. Rule requlr[ng reading on three separate days auspendad by unani- mous vote the 7th day of July, 1958. Passed by recorded roll call vote, adopted and approved this 7th day of July, 1968 CLARENCE P. WELU Mayor GEORGE A. FREUNp LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEU F. FROMMELT City Clerk Published officially 1n the Tele- eraph Herald Newspaper this 14th day oP July, 1968. LEO F. FROMMELT City Clerk lt. 7-14 ACCEPTANCE OF ORDINANCE NO. 49.58 Riverside Bawl Inc., with full knowledge and understanding of all the terms and conditions of Ordin- ance No. 49-56 hereby accept the same as adopted and agree to abide hy, comply with, and carry out alt the terms and conditions thereof. Signed at Dubuque, Iowa, this 9th day of July, 1958. RIVERSIDE BOWL INC. By: Gerald G. Pregler Secretary. It 7-14. Councilman Schueller moved the adoption of the Ordinance. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Taos. Nays-None. June 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Planning & Zoning Com• mission in meeting June 24, 1958 considered the petition of Hill• crest Builders Inc. requesting Ad• ditional area to be zoned as Local Business District A. The Commission reviewed all the previous petitions for and against and considered the now petitions far and against. A con• siderable number of home own• ere in this immediate area ap• geared and stated their views in regard to any re-zoning, In 1958 the Planning and Zon- ing Commission after long study recognized the need fora neigh- borhood shopping center at the intersection of Carter Road and the Asbury Road and at that time recommended to Your Honorable Body rezoning of certain area s with the provision of on street inset parking. This recommenda~ tion was carried out and the area zoned as Local Business District A. Since that time the whole area has developed and Asbury Road carries considerable traffic. When Carter Road is completed through to Pennsylvania Avenue it will be a thoroughfare. 5o the shopping center will be located at the in• tersections of two important streets. The original plan for in• set on street parking will- at that time become very inadequate. Therefore to accomplish the pur- poses of a desirable shopping cen- ter off street parking is a neces- Slty. The present petition asks that four additional acres be re-zoned. The Commission believes this to be too large an area and there- fore recommends denial of the pe- tition of Hillcrest Builders Inc. In order to properly develop this business district some addi- tional area is required to provide mainly for off street parking and the Planning and Zoning Com- mission recommends to Your Honorable Body that the follow- ing described areas be re-zoned to Local Business District A Classi- fication. i Regular Session, July 7,1958 Lot 2 of Lot 1 of Lot A of Hill• crest Park. and All of Lots 7 and 8 Block 5 Hill- erest Heights except the souther- ly 120' thereof; All of Lots 1 and 2 Block 9 Hillcrest Heights except the south- erly 120' thereof; and the area enclosed by a line beginning at a point at the north- east corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 and the south line of the As• bury Road; thence southerly along the easterly line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 thre hundred and seventy two feet; thence northwesterly and along a line at right angles to the easterly line of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 one hundred and forty feet; thence northerly along a line to a point one hundred and ten feet northwesterly of the easterly line of Lot 1 of Lot 1 of Lat 1 of Lot 1 of Lot 2 of Mineral Lot 263 which is on the southerly line of Asbury Road; thence easterly along the southerly line of Asbury Road one hundred and ten feet to the north east corner of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 which is the point of beginning. This would establish enough ad- ditional area to provide off street parking and relieve the conjestion that would result in present an street parking, establish a buffer zone to protect the area to the west. by holding to residential Bone enough, frontage for a tier of lots to the east of the pro- posed street in Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 263 thereby keeping the La• cal Business area to the rear of lots and within the area controlled by Hillcrest Builders and at the present time undeveloped to the west and south. This would en• able the establishment of a reas- onable area for maintaining a neighborhood shopping center. It is further recommended that the Hillcrest Builders stipulate in writing that access to this new area will be restricted to Asbury ?load. 311 Respectfully submitted, Dubuque Planning & Zon- ing Commission Owen Riley, Acting-Secretary Mayor Welu moved that the recommendation of the Planning & Zoning Commission be con- firmed in the denial of the rezon• ing of four acres and also that the recommendation of approxi- mately two acres additional to be rezoned for Business A classifi• cation be rejected. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos. Nays-Councilman Kintzinger, Councilman Kintzinger voted na because he would like to discuss the matter with the commission and would not pass over their ad- vise without consulting with them first. Mr. Marshall Thomas addressed the Council in behalf of the pro- ponents for the rezoning and ad- vanced the argument for the in- creased area by making reference to an already existing Class B zon• ing area across the street on As• bury from the proposed center. Due to the fact that as large as six acre tracts have been set aside for similar purposes in other sub- divisions and that the width of Asbury and Carter is 66 feet, at the proposed shopping center cor- ner, would indicate that they are intended to carry heavier traffic and therefore have not been set aside for strictly residential streets. His client would like to have six acres but the Planning & Zoning Commission cut down because of objecting property own• ere in the area. The plan would give adequate space for off street parking. The property owners im- mediately adjoining the designated area are not in objection as a buf- fer zone would be created. Surely the Planning & Zoning Commis- sion were not motivated by the interests of the investors. Mr. Hal Reynolds addressed the Council in behalf of the opponents and claimed that the property would be devaluated by a larger center than the 1.2 acres already zoned for that purpose. Many of the objectors bought homes in the rF 312 Regular Session, July 7,1958 area realizing that the presently zoned area of 1.2 acres would be adequate for an intended shop- ping center. The objectors are ob- jecting to adding two more acres to the shopping area the same as six or eight acres. These people bought homes on the existing Planning and Zoning Commission's plans. He also stressed the nui- sance problem that would be cre- ated. Mr, George Meyerdierks, George Jackson, Al Newburgh, Theo. Glass, all spoke in opposition to the additional rezoning, Some stat- ed that at the time they bought their homes they were told that the area would house four or five shops, Richard Hansel stated that the additional acreage had been re- quested because the developers were unaquainted with subdivision building at the time the subdivi- sion was started. Out of the eighty- four home owners in the area, sixty-five were for the additional acreage requested for rezoning, He felt that the Council should re• spect the wishes of the majority and not the minority. To the Honorable Mayor and the City Council of the City of Dubuque, Iowa Re: Extension of Class A Business District Zone at Asbury and Carter Road, Dubuque, Iowa Gentlemen: The Planning and Zoning Com- mission of the City of Dubuque, Iowa, has recommended to your honorable body that the Class A business district zone at the south- west corner of Asbury and Carter Road intersection be enlarged by being extended to the west. We, the undersigned, owners of all the property involved in the area to be embraced within said exten- sion, hereby advise that we con- sent to having our property zoned for Class A business use and re- quest that the City zone the same for said purpose as recommended by the City of Dubuque Planning and Zoning Commission. Very truly yours, Hillcrest Builders, Inc. By Richard V. Hansel, Secretary Hillcrest Investment Inc,, By Richard V. Hansel, Treasurer Harold N. Koster Martha A. Koster Councilman Freund moved that the request for the two additional acres be denied. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Schueller, Takos, Nays-Councilman Kintzinger. Mayor Welu moved that the manager be instructed to plan a meeting of the Planning and Zon- ing Commission to .discuss an amendment to the Zoning Ordi- nance in order that future devel- opers be bound to reserve addi- tional land for parking in the peri• meter to the zone. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. June 26, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of William Oster, President of Electronics Associa• tion, 75 W. 30th Street and sup- ported by Leonard M. Healy re- questing rezoning of Lot 305 and Lot 306 Davis Farm Addition to Local Business District A Classi- fication has been considered by the Commission. A previous petition of this same nature was considered and due to several pertinent factors the Com• mission recommended denial until a further study could be made of the general area. A study of the general area has been made with all the non con• forming uses noted, the close prox• imity of Heavy Industrial uses and several conforming uses on Jack- son Street. The question of spot zoning has been properly answered and due to the close decision on previous petition the Commission members expressed a desire to reconsider. Therefore the Planning & Zon- ing Commission after considering all the objections and re-examin- ing the whole area recommend to Your Honorable Body granting of this petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Acting-Secy. Regular Session, July 7,1958 Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE NO. 50.56 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3-34, designated Zon- ing Ordinance of the City of Du- buque so as to change Lots 305 and 306, Davis Farm Addition from Multiple Family Residence District Classification to Local Business District A Classification, presented and read. Councilman Schueller moved that the reading just had be con• sidered the first reading of the Ordinance. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None, Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on August 4, 1958, at 7:30 P.M. in the Council Cham- ber and that the City Clerk be instructed to publish notice of the hearing in the manner required by law. Seconded by Councilman Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. June 26, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion has considered the petition 313 of Roy Stodden, 1019yZ Rhomberg Avenue and others requesting re- zoning of Lot 11 in McCraneys Second Addition from its present two family residence district clas- sification to Local Business Dis- trict AClassification. This lot is adjacent to a present Local Business District B Zone and the Planning and Zoning Com- mission recommends granting of the petition. Respectfully submitted, Dubuque Planning & Zoning Commission By Owen Riley, Acting-Secy. Mayor Welu moved approval of the recommendation. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 51.56 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, so as to change Lot 11 in McCraneys Second Addi- tion from Two Family Residence District Classification to Local Business District A Classification, presented and read. Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Takos. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta• kos. Nays-None. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Councilman Schueller moved that a public hearing be held on the Ordinance on August 4, 1958, at 7:30 P.M. in the Council Cham- ber and that the City Clerk be in- structed to publish notice of the hearing in the manner required by law. Seconded by Councilman {. 314 Regular Session, July 7,1958 Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Peoples Natural Gas requesting permission to excavate in the paving at Shields and Jones street in order to supply natural gas to the Dubuque Dock & Ter• urinal Company, presented and read. Mr. C. P. Harrison of Peoples Natural Gas addressed the Council and stated that it would require an excavation of about four feet square and it would be the only way to service the area and fur- ther more it would definitely be an improvement to their system. Councilman Kintzinger moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Ray Pfohl et al ob- jecting to the construction of a garage by Joseph Wenzel and/or River Trails Transit Lines on the vacant lot located on the east side of Bluff street between First and Second Street, presented and read. Councilman Kintzinger moved that the petition be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos, Nays-None. Petition of Mrs. Thomas E. Byrne requesting the improvement of McClain street from her properties adjacent to said street to Dodge street, presented and read. Coun- cilman Kintzinger moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos, Nays-None. Petition of John J, Hickey re- questing arefund of $50 on the unexpired portion of Class "B" beer permit No. 104, as he has dis- continued business as of July 1, 1958, presented and read. Council- man Kintzinger moved that the refund be granted and the Auditor instructed to draw a warrant pay- able to John J. Hickey in the amount of $50 to cover the unex- pired portion due on Class B beer license No. 104. Seconded by Coun- cilman Takos. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Frances Dvorak et al requesting some form of traf- fic control at West 16th and Cath- erine Streets, presented and read. Mr. Ed Apel and Mr, L. Parker addressed the Council in support of the petition. Mayor Welu moved that the petition be referred to the City Manager and Traffic Depart- ment for investigation and report. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Thomas A. McAn- drew et al requesting that Bissell Lane be made none-way street, presented and read. Mayor Welu moved that the petition be re• ferred to the City Manager and Traffic Department for investiga- tion and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. July 7, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The Interstate Power Company now bas a transmission line cross- ing aportion of Area "B" of the Island Development known as River Front Industrial Park, pur- suant to an easement granted them by the City through Ordinance No. 1.35. In order to make the tracts west of Kerper Boulevard more suitable for industrial sites it is necessary to relocate this transmission IIne Regular Session, July 7,1958 to the center of the median strip. This has always been considered a part of the cost of the Island De- velopment and an agreement has been worked out between the Dock Board and Interstate to have the work started this year. As part of the agreement it is, of course, necessary that the City grant Interstate a new easement for the line as relocated. In order to avoid future relocation the In- terstate desires to change the whale line to a location that fits in with the City's master plan, When the new line is activated the old easement will be released. The Dock Board, therefore, re- quests the City Council to grant Interstate Power Company a new easement for a transmission line along a route generally described as follows: Beginning at the west end of Whittier Street, then along the center line of Whittier Street, and the center line of Whittier Street extended to the center of the median strip of Kerper Boul- evard, then along the center of the median strip of Kerper Boulevard, to Sixteenth Street, then along the west edge of the dike to a point north of the pumping station; then across the reservoir and Twelfth Street in a direct line to the Interstate Substation at the Power House. A plat showing the easement in more detail will be presented prior to the hearing on this request. Respectfully, A. Y. McDONALD, President Dubuque Dock Commission Councilman Freund moved that the petition be referred to the City Solicitor to have proper pro- ceedings pr?pared and that same be set for down for a public hear- ing to be held in the Council Chambers at 7:30 P.M. and the Clerk be instructed to publish no- tice of same as required by law, Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Sclueller, Ta- _ kos. Nays-None. Petition of John J, Duggan et al (23 signers) requesting that the name of Kelly Lane be changed to Parkland Ridge, presented and read, ~ ~ ~. i ,~ 315 Mr. John J. Duggan and Dick Henschel addressed the Couneil in support of the petition. Peti- tion of Gregory L. Francois et al (15 signers) objecting to changing the name of Kelly Lane, presented and read. Mayor Welu moved that action on the petitions be deferred until there is more agreement in the neighborhood as to the changing of the name of Kelly Lane. Second• ed by Councilman Kintzinger. Car• ried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Petition of Charles K. Petrakis requesting permission to construct an ornamental rock retaining wall 64 feet long and 3 to 4 feet high in front of his apartment building located at 2555 Central Avenue, presented and read. Councilman Freund moved that the petition be referred to the Council to view the grounds, Seconded by Council• man Takos. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. June 27, 1958 To the .Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The award of contract for the construction of the 1998 Sanitary Sewer Project Na. 1, Bid Section No. 1 and Bid Section No. 2, was deferred until the City Manager could confer with the contractor relative to the employment of bubuque men on this project. On June 26th, Mayor Welu, City Engineer Cullen and myself con- ferred with the Hennessey $roth- ers in regard to performing this work in the City of Dnbuque. We were assured that atl tabor other than their foreman and equip- ment operators would be hired through Dubuque sources. We were also assured that any outstanding damage claims against the Hen- nessey Brothers far work that was performed during the last year would be handled in the proper manner and it is not their inten- tion to deliberately damage any- ones property and if it Is dam- T~ 316 Regular Session, July 7,1958 aged, the insurance that they car- ry wfll cover any legitimate dam- age claims. I recommend that the contracts for the improvement and the con- struction of the 1958 Sanitary Sewer Project No. 1, Bid Section No, 1 and Bid Section No. 2 be awarded to the Hennessey Broth- ers Inc., of Cedar Rapids, Iowa. Respectfully submitted, L. J. SCHILTZ, City Manager Mayor Welu moved that the rec- ommendation of the City Manager be approved. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. return the bid deposits of the unsuccessful bidders. Passed and adopted this 7th day of July, 1958. CLARENCE P, WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Takos. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. (Awarding Contract) RESOLUTION N0. 143.58 (Awarding Contract) RESOLUTION N0. 142.58 Whereas, sealed proposals have been submitted by contractors for the construction of the City of Dubuque 1958 Sanitary Sewer Proj- ect No. 1-Bid Section No. 1 pur- suant to Resolution No. 121.58 and notice to bidders published in a newspaper published in said City on June 6th, 1958 and June 13th, 1958; and WHEREAS, said sealed propos• als were opened and read on June 23rd, 1958, and it has been determined that the bid of Hen- nessey Brothers, Inc. of Cedar Rapids, Iowa in the amount of $92,759.10 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Hennessey Brothers, Inc. of Cedar Rapids, Iowa and the Man• ager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE 1T FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treasur- er is authorized and instructed to WHEREAS, sealed proposals have been submitted by contrac- tors for the construction of the City Dubuque 1958 Sanitary Sew- er Project No. 1-Bid Section No. 2 pursuant to Resolution No. 121- 58 and notice to bidders published in a newspaper published in said City on June 6th, 1958 and June 13th, 1958; and WHEREAS, said sealed propos• als were opened and read on June 23rd, 1958, and it has been de- termined that the bid of Hen- nessey Brothers, Inc, of Cedar Rapids, Iowa in the amount of $12,020.75 was the lowest bid for the furnishing of all labor and materials and performing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Hennessey Brothers, Inc. of Cedar Rapids and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said contract and the approval of the contractors bond the City Treas- urer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Regular Session, July 7,195$ Passed and adopted this 7th day of July, 1958, CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0.144.58 Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the construction of an 8" sanitary sewer in Alta Place from a point 125 feet north of the North Property line of Dela- ware Street to the existing sani- tary sewer in Green Street, at an estimated cost of $2,073.89, pre- sented and read. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 145.58 WHEREAS, proposed plans, spec- ifications, fc,rm of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1, The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council. 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of ma- terial to be used. 5. In each case the amount there- of which is estimated to be assessed against each lot, for the con- struction of an eight (8) inch 317 sanitary sewer in Alta Place from a point 125 feet north of the North Property Line of Delaware Street to the existing sanitary sewer in Green Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel• fare to make the herein mentioned improvement, and unless property owners at the time of the final con- sideration of this proposed resa lution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvement shall be con• structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 7th day of July, 1958. Approved and placed on file for final action. Approved: CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk __ 318 Regular Session, July 7,1958 Councilman Schueller moved the approval of the resolution. Sec- onded by Councilman Takos, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintainger, Schueller, Ta- kos. Nays-None. (Fixing date of hearing) R~SQLUTIQN N0. 146.58 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 14458 given its preliminary approval on the proposed plans, specifications and corm of contract and placed same on file in the office of the City Clerk for final inspection, for the construction of an eight (8) inch sanitary sewer in Alta Place from a point 125 feet north of the North Property Line of Delaware Street to the existing sanitary sewer in Green Street. Estimated Assessed Cost $2,073.- 39 and, WHEREAS, the proposed Reso- lution of Necessity for said im- provement has been introduced and is now on file in the City Clerk's office for public inspec- tion, BE IT THEREFORE RESOLVED that en the 4th day of August, 1958, a public hearing will be held at 7:30 o'clock P. M. in the Coun- cil Chamber in the City of Du- buque at which time the owners of property subject to assessment for the proposed improvement may appear and make objection to the proposed plans and speci- fications and proposed form of epptraet and at the same time to the boundaries of the proposed district, to the cost of improve- ment, to the amount proposed to pe assessed against any lot and to the passage of the proposed itesOlutign of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final ooasideration of said res- olution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P, WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KIlVTZIlVGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. June 26, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted for your consideration is Final Plat of Block 1 in Henschels Highlands Subdivision, This plat has been approved by the Planning & Zoning Com- mission. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RII.EY, Acting-Secretary Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. RESOLUTION N0. 147.58 RESOLUTION Approving Plat of Block 1 in "Henschel's High- lands Subdivision" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot No. 1 of Mineral Lot No. 112 in the Regular Session, July 7,1958 City of Dubuque, Iowa, is plat- ted as Lot 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 each in Block 1 in "Henschel's Highlands Subdivis- and, ion" in the City of Dubuque, Iowa 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: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en- _ dorse the approval of the City ~ upon said plat. Passed, adopted and approved this 7th day of July A.D., 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS _ Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 7, 1958 To the Honorable Mayor and City Council, _ Dubuque, Iowa Gentlemen: Herewith submitted are f i n a l plats of: Block 1 in William Becker Kaufman Avenue Subdivision. = Block 1 in Roy Ney Subdivision Kaufman Avenue. Potters Shiras Avenue Place. Block 6, 7, 8, 9, 10, 11 and ~~ 12 in Scenic View Heights No. 2, These plats have been approved by the Planning & Zoning Com• mission. Respectfully submitted, 319 Dubuque Planning & Zoning Commission By OWEN R1Lli;Y, Acting-Secretary Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 148.58 RESOLUTION Approving Plat of Block 1 in "Roy Ney Subdivision" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 2 of Lot 160 A; Lot 2 of Lot 160; Lot 1 of Lot 160; Lot 160 B; Lot 162 A; Lot 162; and Lot 1 of Lot 165 each in L. H. Langworthy's Addition to Du- buque, in the City of Dubuque, Iowa; and of Lot 1 of Lot 1 of Mineral Lot 333; and of Lot 2 of Lot 2 of Mineral Lot 333, in the City of Dubuque, Iowa, is plat- ted as Lots 1, 2, 3, 4, 5, 6, 7, B, 9 and 10 each in Block 1 in "Roy Ney Subdivision" 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: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 7th day of July A.D., 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk 390 Regular Session, July 7,1958 Regular Session, July 7,1958 321 Councilman Kintzinger moved the adoption of the resolution, Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 149.56 RESOLUTION Approving Piat of "Potter's Shiras Avenue Place" in the City of Dubuque, Iowa. WHEREAS there has been filed with the City Clerk a plat in which Lot 1 of Lot 1 of Lot 1 of Patter's Place in Mineral Lot 310; and Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Potter's Place in Mineral Lot 310; and Lot 2 of Lot 2 of Lot 1 of Mineral Lot 311; and Lot 1 of Lot 1 of Lot 1 of Eagle Point View, all of the above in the City of Dubuque, Iowa, is platted as Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 16 each in "Pot- ter's Shiras Avenue Place" 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; Section 1. That the above de• scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to en• dorse the approval of the City upon said plat. Passed, adopted and approved this 7th day of July A.D., 1958, CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Secondod by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 150.58 WHEREAS, there has been filed with the City Clerk a plat in which Lot 1 in Scenic View Heights No. 1 in the City of Dubuque, Iowa is platted as Lot 1 of Lot 1 and Lot 2 of Lot 1 in Scenic View Heights No. 1 in the City of Du- buque, Iowa, by J. H. Schiltz, widower and unremarried, as owner thereof; and WHEREAS, said plat has been examed by the City Planning Commission and has had its ap- proval endorsed thereon; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating thereto: NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque, Iowa: Section 1. That the plat of the Subdivision of Lot 1 in Scenic View Heights No. 1 in the City of Dubuque, Iowa, which will be hereafter known as Lot i of Lat 1 and Lot 2 of Lot 1 in Scenic View Heights No, 1 in the City of Du- buque, Iowa, be and the same is hereby approved and the Mayor and City Clerk are hereby author- ized and directed to endorse the approval of said City upon said plat. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Seconded by Councilman Kint- zinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 151.58 WHEREAS, there has been filed with the City Clerk a plat in which Lot 2 of Sub of Lot 1 in Scenic View Heights No. 1 in the City of Dubuque, Iowa, is platted as Block 6, 7, 8, 9, 14, 11 and 12 Scenic View Heights No. 2 by J. H. Schiltz, widower and unre- married, as owner thereof, and Wtir;nEAS, said plat has been examined by the City Planning Commission and has had its ap- proval endorsed thereon; and WHEREAS, upon said plat ap- pears streets to be known as Mary- ville Drive, Tina Ridge and Scenic View Drive and also easements for public utilities which t h e owner upon said plat has dedi- cated to the public forever; and WHEREAS, said plat has been examined by the City Council and they find that the same conforms to the Statutes and Ordinances relating thereto, except that the streets have not been reduced to grade or paving, sewer or water services installed; and WHEREAS, it appears to the City Council that the public in- terest does not require the grad- ing and improving of said streets until such time as Scenic View Heights No. 2 shall be subdivided; NOW, THEREFORE, be it re- solved by the City Council of the City of Dubuque: Section 1. That the dedication of Maryville Drive, Tina Ridge and Scenic View Drive together with the easements for public util- ities, as the same appear upon said plat, be and the same are hereby accepted. Section Z. That the plat of the Subdivision of Block 6, 7, 8, 9, 10, 11 and 12 Scenic View Heights No. 2 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby accepted and the Mayor and Clerk are hereby auth- orized and directed to endorse the approval of said City upon said plat, providing the owner of said property, hereinbefore named, executes his written acceptance hereto attached, agreeing: a. To reduce the streets to grade as shown by the profiles submit- ted with the plat; b. To surface all streets, for a width of 30 feet from curb face to curb face with six inch rolled stone base and 2yZ inch hot mixed hot laid bituminous concrete sur- facing and concrete curb and gut- ter as shown in City of Dubuque Standard Curb and Gutter Sec- tion; c, To install sanitary sewers in accordance with plans submitted with the plat, in said streets; d. To install water mains in said streets in accordance wit h plans submitted with the plat; e. To construct the foregoing improvements in accordance with plans and specifications approved by the City Engineer, under the inspection of the City Engineer, and in a manner approved by the City Engineer; f, To maintain in the street im- provements for a period of four (4) years from the date of their acceptance and to maintain t h e sanitary sewers for a period of two (2) years from the date of their acceptance; g. To construct said improve- ments on demand by the City Council, at such time as the plat of the Subdivision of Block 6, 7, 8, 9, 10, 11 and 12 Scenic Vie w Heights No. 2, in the City of Dubuque, Iowa, or any portion thereof, is approved by the City Council, and further provided that the said J. H. Schiltz as own• er of said Subdivision, secure the performance of the foregoing conditions with security in such sums and with such sureties as may be acceptable to the Mayor; Section 3. That in the event the said J. H. Schiltz shall fail to exe- cute the acceptance and provide the security required in Section 2 hereof, within 45 days from the date of this Resolution, the pro- visions hereof shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective. Passed, adopted and approved by unanimous roll call vote this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk j~ ~r = 11 i 322 Regular Session, July 7,1958 To: Leo F. Frommelt, City Clerk: This is to certify that the se- curity required by the foregoing Resolution No. 151.58 has been provided by the Owner. Dated at Dubuque, Iowa, this 8th day of July, 1958. CLARENCE P. WELU, Mayor of City of Dubuque. Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ACCEPTANCE OF RESOLUTION NO. 151.58. J. H. Schiltz, widower and un- remarried, with full knowledge and understanding of all the terms and conditions of Resolution No. 151.58, hereby accepts the same as adopted and agrees to abide by, comply with and carry out all the terms and conditions thereof. Signed at Dubuque, Iowa, this 8th day of July, 1958. J. H. SCHILTZ ORDINANCE NO. 52.58 An Ordinance granting J. H, Schiltz the right to construct a Sanitary Sewer in Lot 2 of Lot 1 of Mineral Lot 370 and providing the terms and conditions thereof, presented and read, Councilman Schueller moved that the reading just had be con- sidered the first reading of the Ordinance. Seconded by Council- man Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Councilman Schueller moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 52-58 An Ordinance Granting J. H. Schiltz the right to construct a Sanitary Sewer in Lot 2 of Lot 1 of Miners] Lot 370 and Providing the Terms and Conditions thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUIIUQUE, IOWA: Section 1. That J. H, Sehlltz be and he is hereby granted the right to construct an eight inch (8") vitrified tale pipe sanitary sewer in Lot 2 of Lot 1 of Min- eral Lot 370 from the existing manhole in Kaufmann Avenue northerly to Maryville Drive in accordance with the subdivision plans as approved by the City Engineer of Scenic View Heights No. 2, upon the following terms and conditions: (a) That grantee agrees to con• struct said sewer within one year from the date of the adoption of this Ordinance and pay the enure coat thereof including the coat of restoring the surface of the street. (b) That said sewer shall be con- structed in accordance with the plans approved by the State De- partment of Health and the City Manager and under the supervision and direction of the City Manager and City Engineer. (c) That grantee will enter into a contract for the construction of said sewer with a qualified con. tractor which contract among other things will contain a clause requiring [he contractor to obtain all necessary permits required by the City of Dubuque or any other governmental agency, a clause ubligating the contractor and hie bondsmen to keep said sewer in good repair for a period of not less than two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the City of Dubuque named as one of the obligees, guaranteeing the faithful performance of said con- tract. (d) That upon completion of said sewer and the acceptance of the same by the City Council said sewer shall become a public sewer under the exclusive charge and control of the City of Dubuque and its free use as such shall not be interferred with by grantee or his successors or assigns. Section 2. That the authority granted herein shall terminate on August 7th, 1958 unless the terms and conditions of this Ordinance are accepted in writing by the grantee prior to that date. Section 3. After said sewer has been completed and the total cost thereof has been paid by grantee, the grantee herein shall file with the City Council a certified state- ment showing in detail all amounts paid cut by him in connection with the construction of said sewer, In- cluding engineering fees and the cost of restoring the surface of the street. Thereafter, any per- son or persona desiring to connect with said sewer except the grantee herein, shall first apply to the City Manager for permission to so do and such permission shall be granted upon condition that the applicant pay to the City Treasurer, for the account of the grantee herein, a connection charge in an amount which will be fixed by Resolution of the City Council at the time of the accept- ance of the said eewer. However, such connection charge shall not be exacted for any extension of said sewer made by the City of Dubuque or its permitees. Section 4. Thle Ordinance shall be in full force and effect from and Regular Session, July 7,1958 after its final passage, adoption and publication as provided by law. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph Herald Newspaper this 11th day of July, 1958. LEO F. FROMMELT City Clerk It 7-u ACCEPTANCE OF ORDINANCE N0. 52-56 J. H. Schiltz, widower, hav[ng full knowledge and understanding of al] the terms and conditions of Ordinance No. 52-58, hereby ac- cepts the came as passed and agrees to comply with all the terms and conditions thereof. Accepted this 8th day of July, ls5s. J. H. SCHILTZ It 7-11 Councilman Schueller moved the adoption of the Ordinance. Seconded by Councilman Kint• zinger. Carried by the following _ vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, 1 Takos. Nays-None. RESOLUTION NO. 152.58 - BE 1T RESOLVED by the City Council of the City of Dubuque that the following, having com• plied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be _ granted a permit to sell cigarettes - and cigarette papers within said ~ City. Name Address Harry Kopple, 1098 University Avenue. - Elmer L. Thompson, 501 Rhom- berg Avenue. Marie and John J. Rettenmaier, 1100 Lincoln Avenue. Joseph J. Schmitt, 1598 E 1 m Street. Lester A. Faell, Sr., 1638 Cen- ~' tral Avenue, _~ Norbert H. Sauser, 2774.2776 Jackson St. Albert Metcalf, 400 Central Ave- nue. Tony Helling, 62 Locust St. Robert E. Hevey, 1005 Rockdale Road. Richard M. Richman, 1555 Cen• tral Avenue. .~ 323 George C. Kruse, 2418 Central Avenue. Alford F. Finch, 1347 Central Avenue. Mrs. Linnie Dunbar, 504 Central Avenue. Xavier Hospital Gift Shop, Da- vis & Windsor Ave. Robert M. Smith, 1563 Central Avenue. George and Helen Lanser, 8108 Central Avenue. Charles W. Callahan, 2635 Uni• versity Ave. La Verne Jorgenson, 649 East 16th St. James K. Hall, 105 Locust St. Merlin J. Marty and Milton J. Marty, S. E. Corner 5th & Locust St. Donald Jungblut, 1481 Dodge St. Bernadette Engling, 500 Main Street. Frederick J. Herber, 609 East 22nd Street. Frank E. Lewis, 2403 Central Avenue. Virgil M. Wersinger, 2319 Prince Street. BE IT FURrnr~ts RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adop• tion of the resolution. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 153.58 WHEREAS, applications for Beer Permits have been submit- ted 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• 324 Regular Session, July 7,1958 on the compliance with the terms of the ordinances of this City. CLASS "B" BEER PERMIT Name Address George Lanser and Helen Lan• ser, 2108 Central Avenue. Frank E. Lewis, 2403 Central Avenue. Virgil M. Wersinger, 2319 Prince Street. CLASS "C" BEER PERMIT Edmund H. Callahan, 1105 Wal- nut St. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZWGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 15458 WHEREAS, heretofore appli- cations for Beer Permits were filed by the within named appli- cants and they have received the approval of this Council: and WHEREAS, the premises to be 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 the City of Dubuque that the Manager be and be is directed to issue to the following named applicants a Beer Permit. CLASS "B" BEER PERMIT Name Address George Lanser and Helen Lan- ser, 2108 Central Avenue, Frank E. Lewis, 2403 Central Avenue. Virgil M. Wersinger, 2319 Prince Street. CLASS "C" BEER PERMIT Edmund H. Callahan, 1105 Wal- nut Street. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same are hereby approved. Passed, adopted and approved this 7th day of July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the Ordinance. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Councilman Freund moved that a price of $500. be established for an 18" strip of ground in width, owned by the City abut- ting the property of the Mary of the Angels Home which is pres- ently being considered as a pro- posed sale in order to give the Home an opportunity to widen their driveway, Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller. Takos. Nays-None. There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. LEO F. FROMMELT, City Clerk Approved ..................................1958. Adopted ....................................1958. Councilmen • ...................................... Attest ................................................ City Clerk Special Session, July 21,1958 325 CITY COUNCIL (OFFICIAL) Special Session, July 21, 1958. Council met at 7:30 P. M. Present -Mayor Welu, Coun- cilmen Freund, Kintzinger, Schuel- ler, Takos. City Manager Schiltz. Mayor Welu read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of approving the budget estimate of expenditures for the fiscal year beginning January 1, 1959 and ending December 31, 1959, and di- recting the date of public hearing upon same and acting on any other business as may properly come before a regular meeting of the City Council. RESOLUTION N0. 155.58 WHEREAS, the City Manager has submitted a budget estimate as provided in Chapter 24 of the 1954 Code of Iowa and the City Council had duly considered and caused to be prepared the budget estimate of expenditures for the fiscal year beginning January 1, 1959 and ending December 31, 1959, as a basis for the tax levy for the year 1958 the same to be collected in the year 1959 and said budget having been duly ap- proved by it: NOW, THEREFORE, Be It Re• solved by the City Council of the City of Dubuque that said budget estimate be and the same is here- by ordered filed in the office of the City Clerk of the City of Dubuque and the date of public hearing thereon is hereby fixed as the 4th day of August, 1958 at 7:30 P. M. in the Council Cham- ber in the City Hall. BE IT FURTHER RESOLVED that said Clerk be and he is here- by directed to cause said budget estimate of expenditures to be published in the official newspa- per of the City of Dubuque and ~ ~ an official notice to be given of the time and place, when a n d _ where said budget estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for and against said estimate, s a i d publication to be not less than ten (10) days before said date of hearing. Passed, adopted and approved this 21st day of July, 1958. CLARENCE P. WELU Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KIIJTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. Communication of Irvin Oeth submitting his resignation as a member of the Planning & Zoning Commission and the Board of Ad- justment, presented and read. Mayor Welu moved that the resig- nation be accepted with much re- gret upon appointment of a suc- cessor. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ASSIGNMENT City of Dubuque, Dubuque, Iowa. Attention City Clerk. For Value Received I hereby sell, assign and set aver unto First Federal State Bank, Des Moines, Iowa, all of my right, title and interest in and to the proceeds in the amount of $4,- 525.00 due me from the City of Dubuque, Iowa for one new 16 yard Leach Packmaster per City of Dubuque purchase Order No. 10706. Upon delivery of the afore- said equipment you are hereby authorized to make payment of said sum of $4,525.00 direct to said First Federal State Bank. HARRY D. HARPER. The foregoing assignment is hereby accepted this 21st day of July, 1958. LEO F. FROMMELT, City Clerk Approved L. J. SCHILTZ, City Manager 328 !' Special Session, July 21,195$ Special Session, July 21,1958 327 Mayor Welu moved that the as- signment be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Norman Buelow et al requesting the installation of a stop sign on the corner of East 28th and White Streets, presented and read. Councilman Kintzinger moved that the petition be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. duly 17, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Because of the numerous acci- dents on White Street north of ''~ Sb'eet, a study has been made of accidents over the past 2'h year period. The number and seriousness of accidents at 25th, 28th and 30th Streets has been considerably more than at other intersections and especially at 24th, 27th and 29th Streets where there are stop signs for north and south bound traffic. Over 30% of the drivers in- volved in accidents on this sec- tion of White Street do not live In the city and at times the speed has been in excess of 25 miles per hour. From these facts and observa- tion by the Traffic Department it is obvious that White Street is being used as a through street by those avoiding Central Ave- nue and Jackson Street, This is not desirable because intersec- tions have poor visibility and it is predominantly a residential area, Conditions should be set up which will make it inconvenient to use White Street as a through street and make intersections safe for all drivers, It is recommended that stop signs be erected for north and south bound traffic at 25th, 28th and 30th Streets which will ade- quately protect cross traffic from Central to Jackson and will make through traffic to the poittt it will use Central Avenue and Jackson Street where more adequate con- trols are used. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved a n d proper proceedings be prepared. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. To the Honorable Mayor 16, 1958 and City Council, Dubuque, Iowa Gentlemen: The petition of Wm. J. Byrne in behalf of his mother, Mrs. Thos. E. Byrne, requesting improvement of McClain Street from her prop- erties adjacent to said street to Dodge Street was referred to the Council to view the grounds. The decision of the Council up• on viewing the site was that it would be necessary to construct a retaining wall to support the dead end of McClain Street run- ning south from Wooten Street to Bonson Street and the grade of McClain Street from Dodge to Bonson would be at a lower ele- vation, thereby not having a through street. The cost of the wall and necessary grading would be borne by Mrs. Thos E. Byrne. McClain Street would be put on the 1959 street program for curb and gutter and surfacing and a portion of this cast would also be borne by Mrs. Byrne. I recommend that the decision of the Council be confirmed. Respectfully submitted, L J. SCHILTZ, City Manager Mayor Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintainger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 16, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Peoples Natural Gas for permission to excavate on Jones Street at Shields Street was referred to the Council to view the grounds. The decision of the Council aft- er reviewing the request and find- ing that there was no other route to serve additional customers re- questing service granted the re- quest. The permission granted is for the purpose of expanding the gas distribution system and not for individual service connections. I recommend that the decision of the Council be confirmed. Respectfully submitted, L, J. SCHILTZ, City Manager Mayor Welu moved that t h e recommendation of the City Man- ager be approved. Seconded by Councilman Freund. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-Nofle. July 17, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Attached is the list of all par- cels of property consisting of ten acres or more within the City of Dubuque which would be eligible for taxation as agricultural land provided they were used in good faith for agricultural or horticul- tural purposes. The parcels I have listed are those who have submitted an ap- plication for exemption or are to my knowledge eligible for this exemption. Respectfully submitted, L. J, SCHII,TZ, City Manager Mayor Welu moved that the list submitted be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 16, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department and City Water Works for the month of June as well as list of claims and list of payrolls for which war- rants were issued for the month of June, 1958. Respectfully submitted, L. J. SCHII.TZ, City Manager Mayor Welu moved that the re- ports be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schuelleg Takos. Nays-None. July 21, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor: TELEVISION CABLE Jerrold Electronics Corp., et al, Policy No. XP 270494, The Fidelity and Casualty Co. Jerrold Electronics Corp., et al, Policy Na. XP 270495, The Fidelity and Casualty Co. Jerrold Electronics Corp., et al, Policy No. C 284485, The Fidelity and Casualty Ca. HEATING Joseph M. Powers, American Surety Company. Alex Bodish & Son, Standard Accident Ins. Company. SIDEWALK Arthur A. Hartmann, d/b/a Hartmann Construction Co., Co- lumbia Casualty Company. Clarence Strub, Columbia Con- struction Company. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kintzinger moved that the bonds and policies be filed subject to the approval of the City Solicitor. Seconded by I~ 328 Special Session, ruly 21,195$ ~ ~ Special Session, July 21,1958 329 Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos, Nays-None. July 9, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Ronald Wald and others requesting rezoning of cer• tain areas around 27th & White Streets has been considered by the Planning & Zoning Commis- sion, The Commission has viewed the grounds, talked to several owners in this area and finds the area mainly occupied by present busi- ness nonconforming uses. We therefore recommend that an area from the east property line of Central Avenue to the west property line of Jackson Street, one hundred and twenty feet north of East 27th Street and one hundred and twenty feet south of East 27th Street be re- zoned from its present Multiple Residence District Classification to Local Business District A Clas- sification. Respectfully submitted, Dubuque Planning & Zoning Commission By OWEN RILEY, Acting-Secretary Councilman Kintzinger moved that the recommendation of the Planning & Zoning Commission be approved and that proper pro- ceedings be prepared. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 8, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Leonard Wieder- holt, 2085 Roosevelt Street, against the City, has been settled by the contractor's insurance company, and a copy of the release is here- with submitted. Sincerely, T. H. NELSON Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 8, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Carl Pickel, 1980 Lincoln Avenue, against the City, has been settled by the contrac- tor's insurance company, and a copy of the release is herewith submitted. Sincerely, T, H. NELSON Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 8, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Mr, and Mrs. Ken- neth Kunkel of 1970 Lincoln Ave- nue, against the City, has been settled by the contractor's insur- ance company, and a copy of the release is herewith submitted. Sincerely, T. H. NELSON Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 10, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have examined the claim of Mrs. Betty Fesler, for injuries sus- tained in a fall December 3, 1957 and find that the claimant fell, as alleged, sustaining a multiple fracture of her left ankle. I have discussed the claim with her attorney and she has agreed to accept the sum of $300.00 in full settlement. In view of the fact that Mrs. Fesler's damages are substantially in excess of this amount, I recom- mend that the settlement be ap- proved and the City Auditor in• strutted to issue a warrant pay- able to Betty Fesler and Kenline, Roedell, Hoffman and Reynolds, her attorneys, and deliver t h e same upon receipt of a release properly executed by both Mr. and Mrs. Fesler. Sincerely, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor draw a warrant payable to Betty Fesler and Kenline, Roe- dell, Hoffmann and Reynolds and deliver the same upon receipt of a release properly executed by Mr. and Mrs. Fesler. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 8, 1958 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I have investigated the claim of Miss Margaret Steichen, 1629~i Jackson Street, arising out of a fall occurring May 27, 1958 and find that the sidewalk defect existed as claimed and that the claimant sustained broken front teeth and a chin injury, and in- curred dental expense in th e amount of $88. Miss Steichen has agreed to ac- cetp the sum of $88.00 in full set- tlement of her claim and I recom- mend that the claim be allowed in this amount, and that the Auditor be instructed to issue a warrant payable to Miss Steichen in the amount of $88.00 and deliver the same upon receipt of a properly executed release. Respectfully, T. H. NELSON Councilman Kintzinger moved that the recommendation of the City Solicitor be approved and the Auditor instructed to draw a war- rant payable to Margaret Steichen in the amount of $88.00 and de- liver the same upon receipt of a properly executed release. Second- ed by Councilman Takos. Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Notice of claim of Y.M.C.A, in the amount of $244.71, for damage to their automatic stoker as the result of an overflow of the sani- tary sewer, presented and read, Mayor Welu moved that the claim be referred to the City Solicitor for investigation and report, Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 42-58, an Ordinance amending and chang- ing the zoning Ordinance by chang- ing the classification of Lots 7, 8, 9 and 10 in Mills West Dubuque Subdivision (1800 Block on Avoca Street) from its present Single Family Residence District Classifi- cation to Two Family Residence District Classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for public hearing. Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Ta- kos. Nays-None. ORDINANCE N0. 42.58 An Ordinance Amending a n d changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, Designated Zoning Ordinance of the City of Dubuque so as to change certain property hereinafter described from Single Family Residence District Classification to Two Family Residence District Classi• ~~ 330 Special Session, July 21,1958 Special Session, July 21,1958 331 fication, said Ordinance having been passed upon first reading June 23, 1958 and placed on file in the office of the City Clerk for public inspection, presented for final adoption. ORDINANCE N0. 42.58 An ordinance Amending and changing the Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34, Designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described from "Single Family Residence District Classification" to "Two Family Residence District Classifi- cation '. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the name la hereby amended and changed as foliows: a. By changing from "Single Family Residence Diatrict Classi- fication" to "Two Family Resi- dence Diatrict Classification" the following described property: Lot's 7, 8, 9 and 10 in Mills West Du- buque. (18D0 Block on Avoca St.). Section 2. This Ordinance shah be in full force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 23rd day of June, ls5s. Rule requiring reading on three separate days suspended by una- nimous vote the 23rd day of June, 195x. Passed by recorded roll call vote, adopted and approved this 21st day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND, LEO N. SCHUELLER CHARLES A. KINTZINGER, PETER J. TAKOS, Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph-Herald Newspaper this 25th day of July, 1958. LEO F. FROMMELT, City Clerk lt. Z-25 Councilman Freund moved that the Ordinance be adopted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing on Ordinance No. 43-58, an Ordinance amending and changing the Zoning Ordinance by changing the area enclosed by a line beginning at a point on the east line of Bryant street fifty feet northerly from the in- tersection of the north curb line of Curtis Street extended and the east line of Bryant street; thence southeasterly across Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot (i3 to the southeast corner of said lot; thence westerly along the southerly line of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 two hundred and seventy nine feet; thence north seventy five feet; thence westerly along the southerly line of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot (i3 to the easterly line of Bryant Street; thence northerly along the easterly line of Bryant street to a point fifty feet northerly from the intersec- tion of the north curb line of Curtis Street extended and the east line of Bryant Street which is the point of beginning, from its present two family residence district classification to Local Business District A. Classification, presented and read. No written objections were filed and no objectors were present in the Council Chamber at the time set for public hearing. Mayor Welu moved that the proof of publication be received and filed. Seconded by Council- man Freund. Carried by the fol• lowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays--None. ORDINANCE N0. 43.58 An Ordinance amending a n d changing the Zoning Map of the City of Dubuque as provided by Or- dinance No. 3.34 of Designated Zon- ing Ordinance of the City of Du• buque so as to change certain pro- perty hereinafter described from Two Family Residence District Clas- sification to Local Business District A Classification, said Ordinance having been passed upon first read• ing June 23,1958 and placed on file in the office of the City Clerk for public inspection, presented for Final Adoption. ORDINANCE N0. 43.58 An Ordinance amending and changing the Zoning Map of the City of Dubuque, as Provided by Ordinance No. 3-34 of Designated "Zoning Ordinance of the City of Dubuque" so as to change certain property hereinafter described Prom Two Family Residence District Classification" to "Local Business District A Classification." Be It Ordained by the Clty Council of the City oP Dubuque: Section 1. That the Zoning Map and Zoning Ordinance of the City of Dubuque be, and the same is hereby amended and changed as follows: a. By changing from "Two Family Residence Diatrict Classi- fication" to "Local Business Dis- trict AClassification" the follow- ing described property: "The area enclosed by a line be- ginning at a Point on the east ]+ne of Bryant Street fifty feet northerly from the intersection of the north curb line of Curtis Street extended and the east line oP Bryant Street; thence southeaster- ly across Lot 1 of Lot 1 of Lut 1 of Lot 3 of Mineral Lot 63 to the southeast corner of said lo[; thence westerly along the southerly line of Lot ~. of Lot 1 of Lot 1 of Lot 3 of M'~eral Lot 63 two hundred and ee~-enty nine feet; thence north Feventy five feet; thence westerly along the southerly line of Lot 1 of Lot 1 of Lot 1 oP Lat 3 oY Mineral Lot 83 to the easterly line of Bryant Street; thence northerly along the easterly ling of Bryant Street to a point fifty feet northerly from the intersec- tion of the north curb line of Cur- tis Street extended and the east line of Bryant Street which is the point of beginning." Section 2. This Ordinance ehan be in full force and effect from and after its final passage, adop- tion and publication as by law pro- vided. Introduced the 23rd day of June, 1958. Rule requiring reading on three separate days suspended by unani- mous vote the 23rd day of June, 1958. Passed by recorded roll cal] vote, adopted and approved this 21st day oP July, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Published officially in the Tele- graph Herald Newspaper this 25th day of July 1958. LEO F. FROMMELT City Clerk lt. 7-25 Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 16, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa, h Gentlemen: The petition of Charles K. Pe- y, trakis requesting permission to construct a retaining wall in Cen- - tral Avenue nine feet from the curb line along the part of Lot 1 of Lot 4 and Lot 2 of 1 of Lot 5, Kiene and Altmans Subdivision, City of Dubuque, was referred to the Council to view the grounds. The decision of the Council up- on viewing the grounds was that the petition be granted and an ordinance prepared setting forth the conditions, I recommend that the decision of the Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Mayor Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 53.58 An Ordinance granting Charles K. Petrakis permission to con- struct aretaining wall in Central Avenue, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schuel- ]er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 59.58 An Ordinance granting Charles K. Petrakis permission to construct a retaining wall in Centro] Avenue. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Charles K. Petrakis, as owner of Lot 1 of Lot 4 and Lot 2 of 1 of Lot 5 Kiene and Altmans Sub• division in the City of Dubuque, Iowa, is hereby granted permission to coo- struct a retainingg wall In Central Ave- nue approximately three feet high and nine feet from the curb line, subject to the fanowing cond[tions: under thetsupervisioo of the City Man- ager. (b) That the permission herein granted is revocable at the pleasure of the City Council, with or without cause, (c) That the said permlttee agrees in writing for himself, his successors 332 Special Session, July 21,1958 or assigns to remove said wall at his expense in the event the permission herein granted is revoked. (d) That, in the event the permission herein granted is revoked, the per- mittee for himself, his successors or assigns, agrees to remove said wall at his expense, within a reasonable time and in the event of his failure to do so, the City may remove the same and assess the cost thereof against the first described property, Section 2. That this Ordinance be in full force and effect upon its passage and publication as provided by law and the acceptance of the terms and conditions in writing by the permit• tee. Passed, adopted and approved this 21st day of July, 1958. CLARENCE P. WELU Manor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. RINTZINGER PETER J. TAKOS Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Telegraph Herald Newspaper this 28th day of July, 1956. LEO F, FROMMELT City Clerk. ACCEPTANCE OF ORDINANCE N0. 53.56 Charles K. Petrakis, as owner of Lot 1 of Lot 4 and Lat 2 of Lot 1 of Lot 5, K[ene and Altmans Subdivision to the City of Dubuque, for himself, his successors and assigns, accepts and agrees to the terms and conditions of Ordinance No, 53-58, as enacted by the City Council of the City of Dubuque. Dated this 22nd day of July, 1958. /s/ Charles K. Petrakis Councilman Freund moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 16, 1958 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; Attached is an ordinance estab- lishing water rates as they have been reviewed by your body and have received your approval. These rates will increase the minimum water bill .42c per month from $1.08 to 1.50 and will apply to all bills. The maximum rate has been increased from lOyZC per 100 cubic feet to 12c per 100 cubic feet. The minimum rate for those users of water requiring certain size meters has been increased be- cause the cast of providing the service was more than charged. This is more or less a service charge or readiness to serve charge and if water is used there is credit given for the amount used. The total increase in revenue from these rates adjustments amounts to $77,000.00 which in my opinion is the minimum amount of increase in revenue that the Water Department can efficiently operate and continue to provide some improvements to the sys- tem. Bonds will have to be issued for major projects as they are needed. The income and expenses of the Water Department will be carefully scrutinized to watch the trend in the next year, If water usuage increases we will have adequate income to do the work as outlined in the budget and im- provement program. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Freund moved that the communication be received and filed. Seconded by Council- man Schueller. Carried by t h e following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 54.58 An Ordinance fixing and es- tablishing rates to be charged for the furnishing of water for resi- dential, commercial, industrial, and other uses and purposes, with- in and without the City of Du- buque, prescribing a penalty for violation hereof, and repealing Ordinance No. 3-55, 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 Welu, Councilman Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Caun- Gilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the Ordinance be held for public inspection for a period of at least ten days in the City Clerk's of- fice and that a public hearing be Special Session, July 21,1958 held on same on August 4, 1958 at 7:30 P. M, in the Council Cham- ber at the City Hall. July 16, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Attached is an ordinance amend- ing the sewage rental rates so that the minimum rate will not be raised if the water rates are ad- justed. Under the present ordinance the minimum sewage rate is '/a the minimum rate. If the water minimum rate is increased the sewage rate would automatically increase if the ordinance were not amended, Respectfully submitted, L. J. SCHII.TZ City Manager Councilman Freund moved that the communication be received and filed. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 55.58 An Ordinance Amending Ordi- nance No. 35-57 by Repealing Section 7 thereof and enacting a substitute therefor, presented and read. Councilman Freund moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzin- ger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Councilman Freund moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ORDINANCE N0. 55.58 An Ordinance Amending Ordi- nance No. 35.57 by Repealing Sec- tion 7 thereof and Enacting a Substitute therefor. 333 BE IT ORDAINED BY THE CPPY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That Section 7 of Ordinance No. 35.57 be and the same is hereby repealed and a Substitute therefor enacted, as follows: "Section 1-Where the quantity of water consumed is such that the minimum water service is charged, the minimum sewer charge shall be fiftyfour cents (54c) per month," Section 2. This Ordinance shall be in ful force and effect from and after its final passage, adop- tion and publication as by law provided. Introduced the 21st day of July, 1958. Rule requiring reading on three separate days suspended by un- animous vote the 21st day of July, 1958. Passed by recorded roll call vote, adopted and approved this 21st day of July, 1958. CLARENCE P, WELD Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Freund moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. NOTE: This Ordinance was nev er officially published. It was found to be incomplete after its adoption. See Ordinance No. 56-58. Petition of Leytem Trucking Co. requesting permission to excavate on Harbor Street from Lake Street to Shiras, presented and read. Councilman Kintzinger moved that the petition be granted. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Charles T, Landon et al requesting vacation of an alley off Dillon Street and the 334 Special Session, July 21,1958 Special Session, July 21,1958 335 right to • acquire the property by abutting property owners to Lots 4, 5, 6, 7, 42 and 43 in South Grandview Avenue Addition in the City of Dubuque, presented and read. Mayor Welu moved that the pe• tition be referred to the Planning and Zoning Commission. Seconded by Councilman Takos. Carried by the following vote. Yeas--Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-Novo. Petition of Schroeder Company, requesting permission to excavate in Evergreen Drive at Lot 2 of 2, Block 2, Clover Hills Subdivisioiy. 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. J. B. Baker, Superintendent of Schroeder Company, addressed the Council in behalf of his peti- tion and stated that if the peti• tion would not be granted they would suffer considerable hard- ship and expense and they would be forced to make the connection some 200 feet away, which would require easements over two ad- ditional lots. Mayor Welu moved that the re- quest be granted. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, I{intzinger, Schueller, Takos. Nays-None. Petition of Vince Winders, re- questing arefund of $100, on the unused portion of Class B beer license No. 7, as he has discon- tinued business as of July 8, 1958, presented and read. Councilman Schueller moved that the refund be granted and the Auditor in- structed to draw a warrant pay- able to Vince Winders in the amount of $100. to cover the amount due on the unexpired por• tion of beer license No. 7. Sec- onded by Councilman Takos, Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Petition of Vince Winders, re- questing arefund of $75.00 on the un-used portion of cigarette li- cense No. 218, as he has discon- tinued business as of July 8, 1958, presented and read. Councilman Schueller moved that the refund be granted and the Auditor in- structed to draw a warrant pay- able to Vince Winders, in t h e amount of $75. to cover the amount due on the unexpired portion of cigarette license No. 218. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider resolu- tion No. 128-58 being a resolu- tion to consider the proposal to dispose of Lot 2 of the Subdi- vision of Lot 2 of Mineral Lot 37 except the northerly 60 feet there- of and Lot 2 of the Subdivision of Lot 1 of Mineral Lot 37 except the northerly 60 feet thereof to Ellen E. Murphy for the purchase price of $200. presented and read. No written objections were filed and there were no objectors pres• ent in the Council Chamber at the time set for public hearing. Mayor Welu moved that the proof of publication be received and filed. Seconded by Council- man Takos, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 128.58 Whereas, Ellen E. Murphy has offered to purchase for Two Hund- red Dollars ($200) the portion of Lot One of Mineral Lot 37, ex- cepting the Northerly 60 feet thereof, and Lot 2 of Mineral Lot 37, excepting the northerly 60 feet thereof, lying north of the right- of-way for Kerrigan Road; and Whereas, the said Ellen E. Murphy has prepared and sub- mitted for Council approval a plat of said Lots, assigning the desig- nation, "Lot 2 of the Subdivision of Lot 2 of Mineral Lot 37, ex- cept the northerly 60 feet", and "Lot 2 of the Subdivision of Lot One of Mineral Lot 37, except the Northerly 60 feet", to the por- tions she wishes to purchase; and Whereas, the City Council, at a public hearing held July 21st, 1958, pursuant to notice published in the Telegraph Herald, June 30th, 1958, and July 7th, 1958, has determined that it is in the best public interest that said of- fer be accepted; NOW THEREFORE, be it re- solved by the City Council of the City of Dubuque: Section 1. That the Plat of the Subdivision of Lot One of Mineral Lot 37, except the northerly 60 feet, and of the Subdivision of Lot Two of Minerat Lot 37, ex- cept the northerly (i0 feet thereof, each in the City of Dubuque, Iowa, as prepared by Carl F. Bartels, li- censed professional civil engineer, under date of March 4, 1958, be and the same is hereby approved and the Mayor and City Clerk authorized and directed to endorse the approval of the City of Du• buque thereon; Section 2. That the offer of Ellen E. Murphy in the amount of Two Hundred Dollars ($200) for the purchase of Lot 2 of the Sub- division of Lot 2 of Mineral Lot 37, except the northerly 60 feet, and Lot 2 of the Subdivision of Lot 1 of Mineral Lot 37, except the northerly 60 feet, both in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby accepted and the Mayor and City Clerk be and they are hereby authorized and directed to exe- cute aQuit Claim Deed convey- ing all right, title and interest of the City of Dubuque in and to said Lots to Ellen E. Murphy and deliver the same upon receipt of the payment of the sum of Two Hundred Dollars, reserving in said conveyance the right of the City of Dubuque to construct and maintain a storm sewer, or storm sewers on and through said prop• erty whenever the public interest shall require: Sation 3. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of• fice of the County Recorder of Dubuque County, Iowa. Passed and adopted, after pub- lic hearing, by recorded roll call vote this 21st day of July, A.D. 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of notice of public hearing to consider the proposal to dispose of Lots One and Two both of Lot 38 in Burtons Addition in the City of Dubuque, to Bethany Home for the Aged, in the amount of $624.74, pre- sented and read. No written objections were filed and there were no objectors present in the Council Chamber at the time set for public hearing. Councilman Freund moved that the proof of publication be re- ceived and filed, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 156.56 Whereas, Bethany Home for the Aged, has offered to purchase Lot One and Lot 2, both of Lot 38 in Burtons Addition in the City of Dubuque, Dubuque County, Iowa, for the sum of $624.74; and Whereas, at a public hearing held July 21st, 1958, pursuant to notice published in the Telegraph Herald, June 30, 1958 and July 7th, 1958, the City Council deter- mined that it is in the best pub- lic interest that said offer be ac- cepted; NOW THEREFORE, be it re- solved by the City Councll of the City of Dubuque: 33G Special Session, July 21,1958 Section 1. That the offer of Bethany Home for the Aged, in the amount of $624.74, for t h e purchase of the foregoing de- scribed real estate, be and the same is hereby accepted and the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed con- veying all right, title and interest of the City of Dubuque, in and to said real estate to Bethany Home for the Aged and deliver the same upon receipt of payment of $624,74; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the of- fice of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved by unanimous recorded roll call vote, July 21st, 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Freund moved the adoption of the resolution. Sec- onded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 157.58 Whereas the City Manager has recommended to the City Council that Lot One of Senior Subdi- vision in the City of Dubuque, Dubuque County, Iowa, subject to easement reserved in the City of Aubuque to maintain and install storm sewers, sanitary sewers and water mains in that portion of said lot lying west of the east line of Atlantic Street Extended, be sold at public sale for the best price obtainable, for cash; a n d Whereas the City Council is of the opinion that said recommenda- tion should be approved; NOW THEREFORE, be it re- solved by the City Council- of the City of Dubuque: Section 1. That a public hear- ing be had on the 2nd day of September, 1958, at 7:30 o'clock P. M, in the City Council Cham• ber in the City Hall in the City of Dubuque, Iowa, and that at said time and place all interested parties may appear and be given an opportunity to be heard; Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of said hearing in the manner re• quired by law and that said no- tice further invite sealed bids for the purchase of said real estate at said time and place. Passed, adopted and approved this 21st day of July, A,D., 1958. CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F, FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 158.58 Accepting the offer of the Sisters of St. Francis in the amount of $500• for the purchase of the northerly 18 inches of Lat 617 in the Original Townsite of Dubuque, presented and read. Councilman Schueller moved approval of the resolution and di- rected that a public hearing be held on the proposal September 2, 1958, at 7:30 P. M. in the Council Chamber in the City Hall and that the Clerk publish no• tice of same as required by law. Seconded by Councilman Takos, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice of Pendency of Resolution of Nec- essity for public improvements and hearing upon proposed plans and specifications, form of con• tract and cost of improvements for the construction of an 8" sanitary sewer in Kane Street from the existing manhole opposite Lot Special Session, July 21,1958 No. 2.1 of M. L. 351 to a point 700' west on Kane Street, pre- sented and read. Mayor Welu moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Freund. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION NO. 159.58 WHEREAS, proposed plans and specifications and form of con- tract for the construction of an eight inch (8") sanitary sewer in Kane Street from the existing man- hole opposite Lot No. 2-1 of Min- eral Lot 351 to a point 700 feet west on Kane Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap• ter 23 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all ob- jections to said plans, specifica- tions or contract for or cost of such improvements, said time be• ing this 21st day of July, 1958; and WHEREAS, the City Council met in special session this 21st day of July, 1958, at 7:30 o'clock P. M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all ob- jections which have been filed to the proposed plans, specifica- tions or contract for or cost of the improvement herein described and proposed to be made; and WHEREAS, all interested par- ties have been given an oppor- tunity to be heard and all ob- jections which have been d u 1 y weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, specifications, contract far or cast of said improvement herein de- scribed and proposed to be made, be and the same hereby over- ruled and such plans, specifica- tions and form of contract here- tofore approved are hereby adopted. BE IT FURrnrJrt RESOLVED that this resolution containing the ~~ 337 decision of this Council upon all objections which have been filed to the plans, specifications and form of cost said improvement be made a matter of permanent rec- ord in connection with said im- provement. Passed, adopted and approved this 21st day of July, 1958• CLARENCE P. WELU Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKO5 Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adop- tion of the resolution. Seconded by Councilman Kintzinger. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Necessity for Improvement) RESOLUTION NO. 137.56 WHEREAS, proposed plans, specifications, form of contract, plat and schedule have been duly prepared and approved by th e City Council of the City of Du- buque and are now on file in the office of the City Clerk showing among other things the follow- ing: 1, The size and kind of sewers. 2. Each lot proposed to be as- sessed together with a valuation fixed by the council. 3. An estimate of the cost of the proposed improvement, stat- ing the same for each different type of construction and kind of material to be used. 4. In each case the a m o u n t thereof which is estimated to be assessed against each lot, for the construction of an eight inch (8") sanitary sewer in Kane Street from the existing manhole op- posite Lot No. 2.1 of Mineral Lot 351 to a point 700 feet west on Kane Street. BE IT THEREFORE RESOLVED that the City Council on its own motion or upon petition of prop- erty owners, deems it advisable and necessary for the public wel- fare to make the herein mentioned 338 Special Session, July 21,1958 Special Session, July 21,1958 339 Improvement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assess- ments, they shall be deemed to have waived all objections there- to. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, Sewer bonds shall be issued and sold in anticipation of deferred. pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 23rd day of June, 1958. RECORD OF FINAL ADOPTION The foregoing resolution was fin- ally passed and adopted, as pro- posed, by the City Council this 21st day of July, 1958. CLARENCE P. WELU Mayor GEORGE A, FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J, TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Schueller moved the adoption of the resolution, Seconded by Councilman Kintzin- ger. Carried by the following vote: , Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of publication, certified to by the Publisher, of Notice to Contractors of the receipt of pro• posals for the construction of an 6" sanitary sewer in Kane street from the existing manhole oppos- ite Lot No. 2.1 of M. L. 351 to a point 700 feet west on Kane street, presented and read. Councilman Kintzinger moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 21, 1958 To the Honorable Mayor and City Council, City of Dubuque, Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received for the Kane Street Sanitary Sewer at 10:00 o'clock A.M. July 21, 1958. The successful bidder for the pro- ject was Saffron Construction Com- pany of Dubuque, Iowa, who sub- mitted abid of $2,612.00; this bid was 21.68% below the estimated cost. I recommend that the Saffron Construction Company be awarded the contract for the improvement. A tabulation of the bids received are attached. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Takos moved that the recommendation of the City Manager be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. (Awarding Contrast) RESOLUTION N0. I6Q58 WHEREAS, sealed proposals have been submitted by contractors for the construction of an eight inch (8") sanltary sewer fn Bane Street V from the existing manhole opposite Lot No. 2-1 of Mineral Lot 351 to a point 700 feet west on Kane street pursuant to Resolution No. 138-58 and notice to bidders pub• fished in a newspaper in said City on June 26, 1958 and July 3, 1958; and WHEREAS, said sealed proposals were opened and read on July 21, 1958, and it has been determined that the bid of Saffron Construc- j tion Company of Dubuque, Iowa in ",: the amount of X2,612.00 was the lowest bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Saffron Construction Com• pony and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du- buque for the complete perform- ance of said work, BE Pf FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccessful bidders. Passed and adopted this 21 day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER Pr;r~n 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 Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Proof of Publication, certified to by the Publisher, of Notice to Con• tractors of the Receipt of Proposals for the construction of a cast iron F water main in Kane street from the west property line of Maryville Drive to the east property line of Lot 1 in Scenic View Heights No. 1 and from the west property line Of Lot 2 of Lot 1 of M. L. 351 to a point 750 feet west, presented and read. Mayor Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. July 21, 1868 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your instructions, sealed bids were received up to 10:00 A. M. on July 21, 1958, for the construction of the 1958 Kane Street Water Main Project No. 1 as amended. Attached is the tabu- lation of the bids received. I recommend that the contract be awarded to the Saffron Construc- tion Company, who submitted the lowest bid received which was 6.740 under the Engineer's esti• mate. Respectfully submitted, L. J. SCIiILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Second• ed by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, (Awarding Contract) RESOLUTION N0.161.58 WHEREAS, sealed proposals have been submitted by contractors for the 1958 Kane Street Water Main Project No. 1 As Amended pursuant to Resolution No. 134-58 and notice to bidders published in a newspaper published in said City on June 26, 1858 and July 3, 1958; and WHEREAS, said sealed proposals were opened and read on July 21, 1958, and it has been determined that the bid of Saffron Construction Company of Dubuque, Iowa in the 340 Special Session, July 21,1958 amount of $17,985.00 was the low- est bid for the furnishing of all labor and materials and perform- ing the work as provided for in the plans and specifications; now tlere• fore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award• ed to Saffron Construction Com- pany and the Manager be and he is hereby directed to execute a con- tract on behalf of the City of Du• buque for the complete perform- ance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders. Passed and adopted this 21st day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0.162.58 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 upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT DeForrest P. Koeller, 127 West 6th Street Milton E. Chapman, 709 Univer- sity Avenue Gilbert G. Kramer, 1200 Iowa Street CLASS "C" PERMIT Louis O'Meara, 1655 Delhi Street Passed, adopted and approved this 21st day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A.FREUND LEO N.SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 163.58 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have reecived the approval 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 the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT De Forrest P. Koeller, 127 West 6th Street Milton E. Chapman, 709 Univer- sity Avenue Gilbert G. Kramer, 1200 Iowa Street CLASS "C" PERMIT Louis O'Meara, 1655 Delhi 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 21st day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest; LEO F. FROMMELT, City Clerk Special Session, July 21,1958 Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, CouncIlmen Freund, Kintzinger, Schueller, Takos. Nays-None, July 21,1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of sidewalk ad- jacent to Lot 46 Original Townsite of Dubuque along 10th Street has been completed in accordance with the plans and specifications by Albert Becker & Sons, I therefore recommend that the improvement be accepted by the City Council. Respectfully submitted, L. J. SCHILTZ City Manager Mayor Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, CouncIlmen Freund, Kintzinger, Schueller, Takos. - Nays-None. Hon. Mayor and Members of the City Council, City o>< Dubuque, Iowa. Gentlemen: This is to certify that, pursuant to your instructions and the pro- visions of Resolution No. 65.58, the brick sidewalk on the south side of West Tenth Street from Main Street to the 'alley first west of Main Street, has been replaced with a permanent concrete side- walk, in accordance with the Stand- ard Specifications for Permanent Sidewalks, and the cost thereof is $371.02. Attached hereto is a schedule showing the lot proposed to be assessed for said improvement, the owner thereof as shown by the tax rolls, and the amount proposed to be assessed against the lat. K. J. CULLEN, Dated July 21,1958. City Engineer Mayor Welu moved that the com- munication be received and made a '1~I i 341 matter of record. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu; Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION N0. 16458 Whereas, the City Engineer has, pursuant to instructions of the City Council, certified the cost of construction of permanent concrete sidewalk on the south side of West Tenth Street from Main Street to the alley first west of Main Street, together with a schedule of assess• ments therefor; and Whereas, it appears to the City Council that pursuant to the pro• visions of Ordinance No. 2.53 said proposed assessment shall be set down for public hearing; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said proposed as- sessment be set down for hearing before the City Council in the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at 7:30 P. M, on the 4th day of August, 1958; Section 2. That the City Clerk be and he is hereby directed to notify the property owners as they appear on said schedule of said proposed assessment and said hearing, by regular United States Mail, at least 10 days prior to said hearing. Passed, adopted and approved this 21st day of July, 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A, KIIQTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. ~.r 342 Special Session, July 21,195$ RESOLUTION N0.165.58 RESOLUTION N0.166~58 RESOLUTION Approving Plat of Block 1 in William Becker Kauf- man Avenue Subdivision in the City of Dubuque, Iowa, WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 2 of Mineral Lot 210; Lot 2 of Lot 1 of Lot 2 of Mineral Lot 210; Lot 1 of Lot 1 of Lot 2 of Mineral Lot 210; Lot 1 of Mineral Lot 938; Lat 2 of Mineral Lot 338, all in the City of Dubuque, Iowa it platted as Lots 1, 2, 3, 4, 5, B and 7 in Flock 1 in "William Beck- er Kaufmann Avenue Subdivision" in the City of Dubuque, Iowa. and, WHEIEEAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, >ifiHEREAS said plat has been ezamiued by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, ~nruEFORE, BE IT RE- SOLVED BX THE CITY COUNCII~ OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above des- cabbed plat be and the same is hereby approved and the Mayor aad [?jerk be and they are hereby authorized and directed to endorse the approval oaf the City upon said I~t• Passed, adopted and approved this 21st day of July A. D., 1958. CLARENCE P. WELU, Mayor GEORGE A. FREUND LEO N. SCHUELLER CHARLES A. KIIVTZINGER PETE)1 J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved t1,e adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen 1! r e u n d, Kintzinger, Schueller, Takos. Nays-None. RESOLUTION Approving Plat of Lot "A" in "Scenic View Heights No. 1" in the City of .Dubuque, Iowa. wr~;nEAS there has been filed with the City Clerk a plat in which Lot "A" in "Scenic View Heights No. 1" in the City of Dubuque, Iowa is platted as Lot 1, Lot 2 and Lot 3, each in Lot "A" in "Scenic View Heights No. 1" in the City of Dubuque, Iowa and, WHEREAS said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, WHEREAS said plat has been ex- amined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL 4F THE CITY OF DUBUQUE, IOWA: Sectan 1. That the above dea• cribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 21st day of July 4 n,, 1958. CLARENCE P. wr~U, Mayor GEORGE A. FREUND LEO N, SCHUELLER CHARLES A. KINTZINGER PETER J. TAKOS Councilmen Attest: LEO F. FROMMELT, City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Freund, Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. Mr. John Daskalakis addressed the Council by making further in- quiry as to the City paying for a broken window on Central Avenue which was broken at the time the City was raising the street car rails. He was told that his claim Special Session, July 21,195$ had been denied and the City Solicitor explained to Mr. Daskala• kis why it was so denied. Mr. Dask- alakis further complained about a near-by restaurant as to odor and grease going through their ventil- ating equipment and on to his property. Councilman Kintzinger moved that the Council view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None, Mr. Chas M. Spielman addressed the Council relative to the con- struction of garages and sheds that are being built in the alley behind his place on Bennett street. He claimed that they are not building according to property lines. Coun- cilman Schueller moved that the Council view the grounds. Second- ed by Councilman Takos. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. Nays-None. There being no further business Councilman Freund moved to ad- journ. Seconded by Councilman Takos. Carried by the following vote: Yeas-Mayor Welu, Councilmen Freund, Kintzinger, Schueller, Takos. LEO F. FROMMELT, City Clerk Approved ..............................1958 Adopted ................................1958 Councilmen . .................................... ...................... Attest: .....,... .. ........... City Clerk 343