1958 September Council Proceedings Regular Session, September 1, 1958
CITY COUNCIL
OFFICIAL
Regular session September 1,
1958.
No members of the City Council
being present upon roll call the
meeting wa s postponed subject to
call.
LEO F. FROMMELT,
City Clerk
Approved ... ...............................1958
Adopted ..... ...............................1958
Councilmen ~ ............................... ....
Attest ...... ..........................................
City Clerk
373
~~ ~
r~
374 Adjourned Regular Session, September 2, 1958
CITY COUNCIL
(OFFICIAL)
Adjourned Regular Session, Sep-
tember 2, 1958.
Council met at 7:30 P.M.
Present-Mayor Welu, Council-
men Freund, Kintzinger, Schueller,
Takos. City Manager Schiltz.
Mayor Welu stated that this
meeting is an adjourned meeting
of the regular meeting of Septem-
ber 1, 1958 for the purpose of act-
ing upon such business as may
properly come before a regular
meeting of the City Council.
Communication of D u b u q u e
Chamber of Commerce Industrial
Expansion Committee expressing
appreciation of the progressiveness
of the City Administration urging
the City to add as much land as
possible for Industrial sites by
dredging, presented and read.
Councilman Freund moved that
the communication be received and
filed. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote.
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of League of
Iowa Municipalities advising of the
60th annual convention of the
League to be held in Des Moines
on October 8th and 9th, 1958, pre-
sented and read. Councilman
Freund moved that the communica-
tion be received and filed. Second-
ed by Councilman Schueller. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of State Automo-
bile and Casualty Underwriters ad-
vising of the cancellation of a side-
walk construction bond No. 18208,
issued in behalf of Dallas Bush,
presented and read. Mayor Welu
moved that the communication be
approved and the cancellation ac-
cepted providing there are no out•
standing claims. Seconded by Coun•
Gilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Proof of Publication, certified to
by the Publisher, of Statement of
Receipts and a list of claims for
which warrants were drawn dur-
ing the month of July 1958, pre-
sented and read. Councilman Kint-
zinger 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.
Council proceedings for the
months of February and March
1958 presented for approval, Coun-
cilman Kintzinger moved that the
Council proceedings for the months
of February and March 1958 be
approved as printed and amended.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Communication of Dubuque Jer-
rold Television Cable Corporation
informing the Council that an ap-
plication for five microwave fre-
quencies has been filed with the
Federal Communications Commis•
Sion, presented and read. Council-
man Freund moved that the com-
munication be received and filed.
Seconded by Councilman Kintzing-
er. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos,
Nays-None.
Communication of Savanna Ord-
nance Depot extending an invita-
tion to attend a meeting to be held
September 5,1958, relative to Civil
Defense Administration, presented
and read. Councilman Freund mov-
ed that the communication be re•
ceived and filed. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Adjourned Regular Session, September 2, 1958 375
August 19,1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I herewith submit the reports of
the City Auditor City Treasurer,
City Health Department and City
Water Works for the month of July
as well as list of claims and list of
payrolls for which warrants were
issued for the month of July, 1958.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved that
the reports be received and filed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap•
proved the following bonds and
policy and desire to have your ap-
proval on same for filing, subject
to the approval of the City Solicit-
or:
EXCAVATION
George I. Beaver, d/b/a George I.
Beaver Plumbing & Heating, Policy
No. CGL 3450, Dubuque Fire &
Marine Ins. Co.
HEATING
Home Heating Company, Bond
No. 640922-58, Western Surety Com-
pany.
George I. Beaves, Bond. No.
2086253, Continental Casualty Com-
pany.
Eisbach & Ressler, d/b/a Eisbach
Company, Columbia Casualty Com-
pany.
SIDEWALK
Alfred Hedley and Percy John-
son, American Surety Company
James C. Martin, American Sure-
ty Company
BLASTING
Hennessey Brothers, Inc., Ameri-
can Surety Company
PERSONAL
Fred Robert Woodward, Fire-
man's Fund Indemnity Co.
Airport Commissioner
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Schueller moved that
the bonds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am attaching herewith an
Agreement between the Dubuque
Humane Society and the City of
Dubuque that had previously been
authorized by the City Council.
I recommend that this Agree-
ment be made a matter of record.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Freund. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
July 29, 1958
This AGREEMENT entered in-
to between CITY OF DUBUQUE,
IOWA, a municipal corporation,
hereinafter referred to as "City",
and DUBUQUE HUMANE SO-
CIETY, acharitable corporation,
with its principle place of busi-
ness in the City of Dubuque, here-
inafter referred to as the "So-
ciety", WITNESSETH:
Whereas, City has no suitable
pound for dogs or other animals
which may be taken up or re-
ceived pursuant to law or ordi-
nance and desires to enter into
a contract with the Society for
the taking up and protection of
dogs; for the maintenance of a
shelter or pound for unlicensed
376 Adjourned Regular Session, September 2, 1958
and untagged dogs, and for lost,
strayed, or homeless dogs, and
for the destruction or other dis-
position of diseased dogs not re-
deemed as provided by law, ar
the ordinance of the City of Du-
buque; and
Whereas, the Society is an in-
corporated society for the pre-
vention of cruelty to animals and
is willing to accept the duties
hereinbefore outlined in return
far the consideration hereinafter
set forth;
NOW THEREFORE, IT IS
AGREED between the parties
hereto as follows:
1. The Society agrees to main-
tain ashelter or pound for unli•
censed or untagged dogs, and for
lost, strayed, or homeless dogs;
to dispose of any licensed or un-
licensed dog in accordance with
Sections 4d and 4e of Ordinance
No. 10-53 of the City of Du-
buque; to take up and impound
any licensed or unlicensed dog in
accordance with the provisions of
Section 4 of Ordinance No. 10.53
of the City of Dubuque.
2, PROVIDED: That in the event
a legal complaint is filed by or
on behalf of any individual, firm,
or corporation, including the So-
ciety, charging violation of any
law or of any ordinance of the
City of Dubuque, or failure to
comply with the provisions of law
or ordinance of the City of Du•
buque governing the ownership
and keeping of dogs in the City of
Dubuque, and such case shall
come into Court and the Society
shall be or became a Defendant
or other legal party to such suit,
the Society shall have the right
to and receive any necessary legal
services or advice, of and from
the official City Attorney of the
City to protect and defend the
rights and interests of the So•
ciety in such legal proceedings
without cost or expense to the
Society.
3. AND PROVIDED FURTHER:
That the Society shall have the
right to dispose of animals in
its custody and care in one of
three ways, to-wit: by return to
a rightful owner, by placement
in a suitable home, or by hu-
mane euthanasia, and f u r t h e r
that the Society shall not dis•
pose of animals by any o t h e r
means than the three methods
described.
4. In consideration of the per-
formance of the foregoing serv-
ices by Society the City agrees
to pay Society as follows:
(a) the sum of Twenty-five Hun-
dred Dollars upon the approval
of this Agreement by the City
Council of the City of Dubuque;
(b) To transfer to the Society
title to the Chevrolet pick-up truck
now used by the dog warden of
the City of Dubuque;
(c) The sum of Five Hundred
Dollars ($500) per month, on the
1st day of each month, commenc-
ing with January 1, 1959:
5. This Agreement shall become
effective on the 1st day of August,
1958, and shall continue there-
after until terminated by notice
in writing, by either of the par-
ties, except that Society shall not
have the right to terminate this
Agreement prior to December 31,
1959.
CITY OF DUBUQUE, IOWA.
By L. J. SCHILTZ,
Its City Manager
DUBUQUE HUMANE SO-
CIETY,
By Lee McNeely, President
Bess G. Bissell, Exec. Secy.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Francis Devorak
requesting the installation of a
stop sign at 16th and Catherine
Streets was referred to the City
Manager for investigation and re-
port.
Because of the steep incline of
West 16th Street in both direc-
tions from Catherine Street, it
would be very hazardous to install
a stop sign at this location.
The Police Department has con-
tacted residents in this area ask-
ing their cooperation in reporting
any action of hot-rodders using
this street so that the Police can
take action.
Adjourned Regular Session, September 2, 1958 377
It is recommended that the pe•
tition asking for a stop sign be
denied as impractical.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Freund, Carried
by the following vote:
Yeas-Mayor Welu, Councilman
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The request for street lights
between 1725 and 2415 Kaufman
Avenue was referred to the City
Manager for investigation and re-
port.
Because of the increase in traf-
fic on Kaufmann Avenue due to
the unprovement of the street
and also with the construction of
new homes and a new school in
this area, it was found that sev-
eral new street lights should be
installed. I recommend that lights
be installed at the following lo-
cations: Pole No. 207.2240, No.
207-223D, No. 207-222L, No. NWB2,
No. NWB8, 1725 Kaufmann, 2225
Kaufmann, 2415 Kaufmann Ave-
nue-Chaney Road intersection and
midway between Carter Road and
Chaney Road on Kaufmann Ave-
nue.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Sec•
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos,
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition for the installation
of street lights in Glendale Court
was referred to the City Manager
for investigation and report.
Street lights are needed in this
vicinity and I recommend that
the following lights be installed.
1. Glendale Court on the ease-
ment, north end.
2, Glendale Court and Merfeld
Lane intersection.
3. Floraview and Merfeld Lane
intersection.
4. On Floraview midway between
Merfeld and Wilbricht Lanes.
5. Intersection of Wilbricht
Lane and first park entrance.
6. Wilbricht Lane and second
park entrance.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Freund moved that
the recommendation of the Citq
Manager be approved. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition for suspension of
taxes by George Brandt submit-
ted to the County Auditor was
referred to the City Manager for
investigation and report.
I recommend that the petition
be granted because of infirmity.
Respectfully submitted,
L. J. SCHII.TZ,
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilman
Freund, Kintzinger, Schueller,
Takos,
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The International Fire Chief's
Conference will be held in Los
Angeles, September 15th through
the 18th and Fire Chief Thomas
Hickson has requested permission
to attend this conference.
1.
378 Adjourned Regular Session, September 2, 1958
I recommend that the fire chief
be authorized to attend the In-
ternational Fire Chief's Confer-
ence at Los Angeles and that
the expenses be paid for by the
City.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Iiantzinger, Schueller,
Takos.
Nays-None.
August 27, 1958
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
At your meeting of August 4,
1958 you directed this office to
prepare proceedings for the vaca-
tion of Peabody Street from Dodge
Street northerly to the end of
the Street, upon the petition of
E. M. Kieffer.
Upon investigation I find that
since the original petition was
submitted by Mr. Kieffer to the
City Council he has sold the
property and the new purchaser
has not consented to the vaca-
tion.
I also submit, for your consid-
eration, the objection of Marcella
Duggan, the other abutting prop-
erty owner, in which she objects
to the vacation of Peabody Street.
In view of this situation, I rec-
ommend that no further proceed-
ings be had until the abutting
property owners consent to the
vacation
Sincerely,
T. H. NELSON
Councilman Takos moved that
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Freund, Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 27, 1958
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
At the Council meeting held Aug-
ust 4, 1958 your Body directed this
office to prepare proceedings for
the vacation of Whittier Street be-
tween Lincoln and Prescott Streets.
Upon investigation I find that the
abutting property owners have not
consented to said vacation and one
of them has indicated, informally,
of possible objections thereto.
Under the provisions of Section
368.39 your Body has the authority
to vacate this portion of this street,
but the Statute provides:
"However, where exercise of
said power deprives or restricts
the abutting property owners
from free access to their proper-
ty so as to decrease the value
thereof, the corporation shall be
liable in damages therefor."
In view of the provisions of this
section, I recommend that no action
be taken in this matter until the
consent of the abutting property
owners has been obtained.
Respectfully,
T. H. NELSON
Councilman Takos moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
September 2, 1958
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
Pursuant to your direction, I
have investigated the claim of Mrs.
Sarah Keckevoet, 553 West Third
Street, for injuries claimed to have
been sustained in a fall on a defec-
tive sidewalk June 2, 1958.
Mrs. Keckevoet is an unemploy-
ed widow, 71 years of age. Accord-
ing to her doctor's report she sus-
tained bruises on her left elbow,
hip and knee, and a hematoma or
blood cyst on the left elbow. She
Adjourned Regular Session, September 2, 1958 379
was hospitalized for physiotheraphy
from June 6th, 1958 to June 13th,
1958, when she was entirely re-
covered.
According to the statements fur•
Wished me her total out of pocket
expenses are approximately $282,90,
consisting of a hospital bill of
$207.90 and a doctor bill of $75.
Mrs. Keckevoet is demanding
damages in the amount of $1282.90
and after lengthy discussion with
her she remains adamant in this
demand.
in my opinion the amount claim-
ed is not warranted by the injuries
sustained and I therefore recom-
mend that the claim be denied.
Respectfully submitted,
T. H. NELSON
Councilman Kintzinger moved
that the recommendation of the
City Solicitor be approved. Second•
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
August 21, 1958
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim of
W, F. Chandlee, 264 Alpine Street,
filed July 31, 1958, and can find
no negligence on the part of the
City and recommend the claim be
denied.
Respectfully submitted,
T. H, NELSON
Councilman Kintzinger moved
that the recommendation of the
City Solicitor be approved. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None,
Notice of claim of William J. An-
dresen in the amount of $209.02,
for car damage sustained by strik-
ing the gate at the entrance to the
City Dump on August 14, 1958,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Kintzinger, Carried by the follow-
ing vote:.
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Notice of claim of Elmer Bleilie,
in the amount of $25,00, for dam-
age to his car as the result of same
being sprayed with tar in the pro-
cess of oiling a street by a City
crew near the Dubuque Packing
Co, parking lot on August 7, 1958,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Notice of claim of Garry J. Hird,
in the amount of $23.37, for car
damage incurred as the result of
striking a hole in Farragut Street
on August 20, 1958, presented and
read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Notice of claim of Mrs. Catherine
Macdonald 590 Alta Vista Street, in
the amountof $140.35, for personal
injuries received as the result of
a fall at West 5th and Prospect
streets on July 14, 1958, presented
and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
380 Adjourned Regular Session, September 2, 1958
Notice of claim of Barbara
Schmitt a minor, and Kenneth &
Evelyn Schmitt, her parents, in an
un-named amount for personal in-
juries received in a fall by Barbara
Schmitt off of a bluff in the Eagle
Point Park area on August 3, 1953,
presented and read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Notice of claim of Fritz L, Kuem•
merer of 593' Arlington St., in an
unnamed amount, for car damage
sustained as the result of a defec-
tive street at 14th and Bluff on
August 27, 1958, presented and
read.
Councilman Freund moved that
the claim be referred to the City
Solicitor for investigation and re-
port. Seconded 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 pub-
lic hearing on Ordinance No. 57-
58, an Ordinance changing the
Zoning Map of the City of Du•
buque so as to change all of lots
275, 276, 277, 278, 365, 366, 367
and 368 Davis Farm Addition from
Multiple Family Residence District
Classification to Local Business Dis-
trict AClassification, presented
and read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Councilman Schueller moved that
the proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
ORDINANCE N0. 57-58
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 "multiple Family Residence
District Classification" to "Local
Business District A Classification,"
said Ordinance having been passed
on first reading August 4,1958, and
placed on file for public inspection
final adoption pending public hear•
ing, was presented for final adop•
tion,
ORDINANCE NO. bl - 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 "Multiple Family Residence
District Classification" to "Local
Business District A Classification".
Be It Ordained by the City Coun-
cil oP the City of Dubuque:
Section 1 That the Zoning Map
and Zoning Ordinance oP the City
of Dubuque be and the same is
hereby amended and changed as
follows:
a. By changing from "Multiple
Family Residence District Classifi-
cation" to Local Business District
A Classification the following de-
scribed property:
All of Lots 275, 276, 297, 278, 3b5,
366, 367 and 368 Davis Farm Addi-
tion,
Section 2. This Ordinance shall
be in full force and effect from and
after its final passage, adoption
and publication as by law provid-
ed.
Introduced the 9th day of August
19b8.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 4th day of August,
1958.
Passed by recorded roll call vote,
adopted and approved this 2nd
day of September, 1958.
CLARENCE P. WELD
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J TAK09
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Published officially in the Tele-
graph Herald newspaper this 5th
day of September 1958.
LEO F. FROMMELT,
City Clerk
It 9-b
Councilman Kintzinger moved
the adoption of the Ordinance. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Adjourned Regular Session, September 2, 1958 981
Proof of Publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider the pro-
posal to dispose of the City's inter-
est in the alley lying between Lots
42, 43, 4, 5, 6 & 7 in Grandview
Avenue Addition, presented and
read.
No written objections were filed
and no oral objectors were present
in the Council Chamber at the time
set for the public hearing.
Councilman Freund moved that
the proof of publication be received
and filed. Seconded by Cotmcilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
ORDINANCE N0. 61-58
An Ordinance vacating a portion
of the alley first north of South
Grandview Avenue from Dillon
Street easterly 191.92 feet, approv-
ing the plat of said vacated portion
of said alley and providing for the
conveyance thereof, presented and
read.
Councilman Kintzinger 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 Kintzinger 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 NO. 61 - 58
An Ordinance Vacating a Por-
tion of the Alley first north of
South Grandview Avenue Prom
Dillon Street easterly 191.92 feet,
Approving the Plat of said Vacat-
ed Portion of said Alley and pro-
viding for the Conveyance thereof.
Whereas, Charles T. Landon, Jo-
seph Gard, Irwin J Behr and John
Knepper, as owners of the abut-
ting property, have petitioned the
City Council to vacate a portion of
the alley IYing first north of South
Grandview Avenue from Dillon
Street easterly 191.92 feet to the
intersection with the alley first east
of Dillon Street; and
Whereas said petitioners have
prepared and submitted a plat
showing said vacated area and as-
signing lot numbers thereto; and
Whereas the Planning and Zon-
ing Commission has recommended
approval of the petition; and
Whereas the City Council, at a
public healing held September 2,
1955, pursuant to notice published
in the Telegraph Herald August 14,
1958 and August 21, 1958, has de-
termined that it is In the best pub-
lic interest that said hereinbefore
described portion of said alley be
vacated and conveyed to the abut-
ting property owners;
NOW THEREFORE, BE IT OR-
DAINED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the portion of
the alley lying first north of South
Grandview Avenue extending tram
Dillon Street easterly 191.92 feet,
more or less, to the intersection
of the alley lying first east Of
Dillon Street, designated as
Lots 92A, 4A, bA, 6A, and 7A, all
1n Grandview Avenue Addition.
upon the plat submitted by petl-
tionera, be and the same ie here-
by vacated;
Section 2. That the plat of the
vacated portion of said alley sub-
mitted by petitioners and prepar-
ed by Carl F. Bartels under date
of August 13, 1958, be and the
same is hereby approved and the
Mayor and City Clerk are hereby
authorized and directed to endorse
Che approval oP the City oP Du-
buque, Iowa thereon;
Section 3. That the portion of
said vacated alley designated as
Lot 6A and Lot 42A of Grandview
Avenue Addition be and the same
is hereby conveyed to Charles T.
Landon as abutting property own-
er, subject to easements for utili-
ties now in place, and the Mayor
and City Clerk be and they are
hereby authorised and directed to
execute Quit Claim Deed convey-
ing the interest of the City of Du-
buque in and to said Lot bA and
Lot 42A of Grandview Avenue Ad-
dition to Charles T. Landon, re-
serving, however, to the City of
Dubuque, and its permittees, ease-
ments for public utilities now in
place therein and deliver the same
upon the receipt of the costs of
hearing ion thist Ordinance of the
Section 4, That Lot 4A, as the
same appears upon said plat, be
and the same is hereby conveyed
to Joseph Gard, subject to ease-
ments for public utilities now in
C tg Clerk pare hereby authorized
and directed to execute a Quit
Claim Deed conveying the interest
of the City of Dubuque in said
Lot 4A of Grandview Avenue Ad-
dition to Joseph Gazd, reserving,
however, to the City of Dubuque
and its permittees easements for
delver the~same upon~adopltion and
publication of this Ordinance;
Section 6. That Lot 6A, as the
same appears upon Bald plat, be
and the same is hereby conveyed
to Irwin J Behr, subject to ease-
ments for public utilities now in
place therein, and the Mayor and
382 Adjourned Regular Session, September 2, 1958
City Clerk are hereby authorized
and directed to execute a Quit
Claim Deed conveying the interest
of the Clty of Dubuque in said
Lat 8A of Grandview Avenue Ad-
dition to Irwin J. Behr, reserving,
however, tc the City of Dubuque
and its permitteea easements for
public utilities now In place and
deliver the same upon adoption
and publication of this Ordinance;
Section 0. That Lot 7A, as the
same appears upon said plat, be
and the same is hereby conveyed
to John Knepper, subject to ease-
ments [or public utilities now in
place therein, and the Mayor and
City Clerk are hereby authorized
and directed to execute a Quit
Claim Deed conveying the interest
of the City of Dubuque in said Lot
7A of Grandview Avenne Addition
to John Knepper, reserving, how-
ever, to the City of Dubuque and
its permitteea easements for public
utnities now in place and deliver
the same upon adoption and publi-
cation of this Ordinance;
Section 7. That the City Clerk be
and he is hereby authorized and
directed to record a certified copy
of this Ordinance in the office of
[he County Recorder of Dubuque
County, Iowa.
Passed, adopted and approved this
2nd day of September A. D. ]958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LF70 N. SCHUELLER
CHARLES A. KINTZINGER
PETER J TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Costa of publication received
from Charles T. Landon this 10th
day of September, A.D. 1958.
LEO F. FROMMELT
City Clerk
Published officially in the Tele-
graph Herald newspaper this 10th
day of September, 1958.
LEO F. FROMMELT
City Clerk.
n s-lo
Councilman Kintzinger moved
the adoption of the Ordinance. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
ORDINANCE N0. 62-58
An Ordinance Amending Ordi-
nance No. 33-49, known as the
Traffic Code of the City of Du-
buque, by adding a new Section 2
h.h, to Schedule N thereof, pre-
sented and read.
Councilman Kintzinger 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 Kintzinger moved
that the rules be suspended requir-
ing 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. 62.58
An Ordinance Amending Ordinance
No. 33-49, Known as the Traffie
Code of the City aY Dubuque, by
Adding a New Section 2 h.h, to
Schedule IV Thereof.
Be It Ordained by the City Coun-
cil of the City a[ Dubuque, Iowa:
Section 1. That Ordinance No.
33-49, known as the Traffic Code
of the City oY Dubuque, be and
the same fa hereby amended by
adding a new Section 2 h.h. to
Schedule IV thereof as follows:
" 2 h.h.-Both sides of East
Eighteenth Street from Cen-
tral Avenue to White Street."
Section 2. This Ordinance shall
be in full force and effect from
and after its f1na1 passage, adop-
tion and publication as by law
provided.
Introduced the 2nd day of Sep-
tember, 1968.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 2nd day o1 Sep-
tember, 1968.
Passed by recorded roll call vote,
adopted and approved this 2nd day
of September, 1968.
CLARENCE P, WELU
GEORGE A. FREUND Mayor
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAK03
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officially in The Tele•
graph-Herald newspaper this 6th
day of September, 1968.
LEO F. FROMMELT,
It 9.5 City Clerk
Councilman Kintzinger moved
the adoption of the ordinance. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None,
September 2, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen: The petition of Aloys
H. and Lucille M. Weis requesting
permission to construct a retaining
wall along the westerly side of
their property along Abbott Street
designated as Lot 61 in Pleasant
Adjourned Regular Session, September 2, 1958 383
View Addition was referred to the
Council to view the grounds.
The decision of the Council upon
viewing the grounds was that the
petition be granted with the pro-
vision that the face of the wall be
parallel to the curbing and not
closer than five (5) feet from the
back of the curbing and that an
ordinance be prepared setting forth
the conditions.
I recommend that the decision
of the Council be confirmed.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos,
Nays-None.
ORDINANCE N0. 63-58
An Ordinance Granting Aloys H.
& Lucille M, Weis permission to
construct a retaining wall in Ab-
bott Street, presented and read.
Councilman Kintzinger 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 Kintzinger 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 No. 63-68
An Ordinance Granting Aloya H.
and Lucille M. Weis permission
to construct a retaining wall in
Abbott Street.
Be it ordained by the City
Council of the City of Dubuque,
Iowa:
Section 1. That Aloys H. &
Lucille M. Weis, as owner oY Lot
61 in Pleasant View Addition in
the City of Dubuque, Iowa, is here.
by granted permission to construct
a retaining wall In Abbott Street
parallel to the curbing and not
closer than five (5) feet from the
back of the curb line, subject to
the following conditions:
(a) That said wolf be construct-
ed under the supervision of the
City Manager.
!b) That the permission herein
granted is revocable at the plesa-
ure of the City Council, with or
without cause.
(c) That the said permittee
agrees in writing for themeelves,
their successors or asaigna to re-
move said wan at their expense 1n
the event the permission herein
granted is revoked.
(d) That, in the event the per-
mission herein granted ie revoked,
the permittee for themeelves, their
successors or asaigna, agree to re-
move said wall at their expense,
within a reasonable time and In
the event of their failure to do
so, the City may remove the same
and assess the coat thereof against
the first described property.
(e) That said permittee pay the
cost of the publication of this or-
dinance as provided by law,
(f) The City Clerk be and he is
hereby ordered and directed to
record a certified copy of this
ordinance in the County Recorder's
office of Dubuque County, Iowa.
Section 2. That this Ordinance be
in full force and effect upon its
passage and publication as pro-
vided by law and the acceptance
of the terms and conditions in
writing by the permittee.
Passed, adopted and approved
this 2nd day aY September 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
PETER 7. TAKOS
Councilmen
Attest: Leo F. Frommelt, City
Clerk.
Published officially 1n the Tele-
graph Herald newspaper this 11th
day of September 1956.
LEO F. FROMMELT
City Clerk.
It 9.11
Acceptance of Ordinance No. 63.58
Aloys H, and Lucille M. Weis, as
owners of Lot 61 in Pleasant View
Addition in the City of Dubuque,
for themselves, their successors
and assigns, accept and agree to
the terms and conditions of Ordi-
nance No. 63.58, as enacted by the
City Council of the City of Du•
buque. Dated this 8th day of Sep-
tember 1958.
Aloys H. Weis
Lucille M. Weis
1 t, 9.11
Councilman Kintzinger moved
the adoption of the ordinance. Sec•
onded by Councilman Takos, Car•
ried by the following vote:.
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
384 Adjourned Regular Session, September 2, 1958
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen: Attached is an Ordi-
nance amending the Building Code
by repealing Section 322 and en-
acting asubstitute therefore.
Section 322 as amended requires
heating contractors to obtain a
permit before commencing the in•
stallation, remodeling, conversion,
re-setting or any major repair of
any heating or ventilating appartus
on any building, and also sets up an
inspection fee for the resetting of
heat exchanger along with the fees
now in effect for installing heating
equipment.
I recommend that the City Coun•
cil approve this Ordinance so that
our inspectors will be able to in-
spect any heating equipment be-
fore it is removed by the heating
contractor and in this way avoid
the possibility of the owner com-
plaining that the heating equip-
ment did not have to be replaced.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
ORDINANCE N0. 64-58
An Ordinance Amending the
Building Code of the City of Du-
buque by Repealing Section 322
thereof and enacting a substitute
therefor, presented and read.
Councilman Kintzinger 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 Kintzinger moved
that the rules be suspended requir-
ing 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. 84.58
An Ordinance Amending the Build-
ing Code of the City of Dubuque
by Repealing Section 322 thereof,
and Enacting a Substitue there-
for.
Be It Ordained by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That Section 322 of
the Building Code of the City of
Dubuque, be and the same la here-
by repealed and the following en-
acted in lieu thereof:
"Section 322-Before commencing
he Installation, remodeling, conver-
sion, re-setting heat exchanger, or
other major repair, of any heating
or ventilating apparatus in any
building of the City oY Dubuque a
permit therefor shall first be ob-
tained by a heating contractor
qualified under the provisions of
Section 31 hereof, and it shall be
unlawful to commence any each
work unless a permit shall first
have been obtained and a permit
tee paid in accordance with the
following schedule:
Heating and Fee
Ventilating Schedule
Stokers and Conversion gas
burners ..........................................$5.0D
Furnaces, Warm Air IInite,
boilers and gas fired heating
unite including their necea-
sary appurtenances ezcept
wiring ............................................ 5.00
New oil burning heating units 5,00
Fees for conversion oil burning
unite shall be as provided in
Ordinance 29-31.
Repairing or Re-setting heat
exchanger ...................................$1.00
Blowers, major repairs, altera-
tions and any other equip-
ment ar work not covered by
the above when the price
charged to the customer ea-
ceeda $100 ....................................$5.00
Water heaters (gas) ..................$1.00
The foregoing fees shall be in
lieu of the fee for new heating
installations required by Section 28
hereof.
No permit shall be required for
work not covered by the above
when the price charged the cus-
tomer is $100.00 or less, but such
work shall comply with the pro-
visicns of this Code and sll other
applicable Ordinances of the City
of Dubuque."
Section 2. This Ordinance shall
be in full force and effect Prom
and alter its final passage, adop-
tion and publication as by law pro-
vided.
Introduced the 2nd day of Sep-
tember, 1958.
Rule requiring reading oa three
eeparate days suspended by unani-
mous vote the 2nd day of Septem-
ber, 1958.
Passed by recorded roll call vote,
Adjourned Regular Session, September 2, 1958 385
adapted and approved this 2nd day
of September, 1958.
CLARENCE P, WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZnVGER
PETER J. TAKO3
Councilmen
Attest:
Leo F. Frommelt
City Clerk
Published officially in the Tele-
graph-Herald newspaper this 6th
day of September 1958.
LEO F. FftOMMELT
City Clerk
Councilman Kintzinger moved
the adoption of the ordinance. 5ec•
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Mrs. Charlotte Milroy
et al objecting to changing the
name of Lennox Avenue to Van
Buren Street, presented and read.
Councilman Kintzinger moved
that the petition be received and
filed. Seconded by Councilman
Takos, Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Kenneth Lee Moore
Jr., requesting a 25 mile an hour
speed limit and the oiling of Len-
nox Street, presented and read.
Councilman Kintzinger moved
that the petition be referred to the
City Manager for investigation and
report. Seconded by Councilman
Takos, Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Armed Forces Re-
cruiters, requesting that four park•
ing spaces at the new 6th and Bluff
Street parking lot be set aside to
accomodate armed forces vehicles
of the four recruiting services, pre-
sented and read.
Councilman Kintzinger moved
that the petition be received and
filed and that a communique be
sent to each department of the
armed services explaining the pol-
icy of the City in matters of this
kind. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Louis Buechel request
ing renewal of his excavation per-
mit, presented and read.
Mayor Welu moved that the re-
quest be granted. Seconded by
Councilman Schueller. Carried by
the following vote;
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Dubuuge Lions Club
requesting permission to sell tick-
ets in downtown Dubuque on the
evening of August 18, 1958 for the
Clyde Beatty Circus, presented and
read.
Councilman Kintzinger moved
that due to the fact that the request
had been verbally granted prior to
the meeting 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.
Petition of Amvets Auxiliary re-
questing permission to hold their
annual White Clover Day on Satur-
day, August 23, 1958, presented
and read,
Councilman Kintzinger moved
that due to the fact that the request
had been verbally granted prior to
the meeting the petition be re•
ceived and filed. Seconded by Coun-
cilman Takos. Carried by the fol•
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Dubuque Cheese Fac-
tory requesting permission to con-
nectwith the sanitary sewer system
of the City, presented and read.
City Manager Schiltz made a verbal
recommendation that the request
386 Adjourned Regular Session, September 2, 1958 Adjoumed Regular Session, September 2, 1958 387
be granted and that he be author-
ized to draw up the proper agree-
ment as to rental charges etc.
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Second-
ed by Councilman Schueller Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund. Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Gane Findley et al
objecting to the fact that Hennes-
sey Bros. Inc. of Cedar Rapids are
employing outside labor in the con-
struction of the sewer in Lennox
Addition and that in the future all
type of bidders be investigated as
to the employment of local labor
if they are awarded local contracts,
presented and read.
Councilman Freund moved that
the petition be received and filed.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Schueller & Co. Inc.,
requesting an extension of 30 days
to complete the City of Dubuque
1958 Bituminous Concrete Paving
Project No. 1, presented and read.
Councilman Takos moved that
the petition be granted. Seconded
by Mayor Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Petition of Saffran Construction
Co. requesting permission to extend
sewer and water from the existing
lines opposite 1105 Kane to the
west property line of Lot 2 of M. L.
376, presented and read.
City Manager Schiltz made a ver•
bal recommendation that the re-
quest be granted and that proper
plans and specifications be ap-
proved.
Councilman Takos moved that the
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-None.
Petition of Mrs. Don Leonard et
al requesting rezoning of Lots 18,
19, 20, 21, 22, 41, 42, 43, 44 & 45
McDaniels Park Hill Addition from
Single Family District Classifica-
tion to Two Family Residence Dis-
trict Classification, presented and
read.
Mayor Welu moved that the peti-
tion be referred to the Planning
& Zoning Commission for investi-
gation and report. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
Proofs of Publication, certified
to by the Publishers, of Notice of
Levy of Special Assessment and La-
tention of the City Council to issue
bonds, to pay for the cost of con-
struction of Boulevard Lights on
Cambridge Court, Devon Drive &
Princeton Place, presented and
read.
Councilman Freund moved that
the proofs 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.
Petition of Vincent A. Ginter of
290 Devon Drive objecting to the
assessment against his property to
pay for the construction of boule-
vard lights as he will receive no
benefit therefrom, presented and
read.
Councilman Kintzinger moved
that the objection be overruled.
Seconded by Councilman Freund.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
No oral objectors were present in
the Council Chamber at the time
set for the public hearing.
CITY OF DUBUQUE, IOWA
Schedule of Assessments
For Boulevard Street Lighting on
Devon Drive, Cambridge Court
and Princeton Place
RESOLUTION N0. 180.56
RESOLVED by the City Coun-
cil of the City of Dubuque, Iowa:
That to Pay far the construction
of Boulevard Street Lights and ap-
purtenances on Cambridge Court
for its entire extent; on Devon
Drive from a paint 74' south of
the north line of Lot 1.1.1.1-1.1 of
Clarence Polfer's Place to its
northerly terminus; and on Prince-
ton Place from Devon Drive to
a line connecting the north line
of Lot 2 of Lot 3 of Block 8 of
Steger Heights with the north
line of Lot 15 of Block 9 of Steger
Heights, by DHtKSEN ELECTRIC
COMPANY, contractor in front of
and adjoining the same, a special
tax be and is hereby levied on the
several lots, and parts of lots, and
parcels of real estate all as named,
situated and owned, and for the.
several amounts set opposite each
lot or parcel of real estate, as set
forth in the following schedule:
Vincent & Mary Ann Gin-
ter, Lot 1, Block 2, Steger
Heights .............................. 59.54
Neil & Joyce A, Keith, Lot
2, Block 2, Steger Heights 54.84
Robert J. & Darlen Ertl, Lot
1.3, Block 2, Steger
Heights .............................. 52.59
Joseph C. & Thelma E.
Tschudi, Lot 2-3, Block 2,
Steger Heights .................. 2.25
Joseph C. & Thelma E.
Tschudi, Lot 4, Block 2,
Steger Heights .................. 54.83
Joseph C. & Thelma E.
Tschudi, Lots 2.5, Black
2, Steger Heights .............. 4.51
William R. & Aileen G.
Pins, Lots 1-5, Block 2,
Steger Heights .................. 50.33
William R. & Aileen G.
Pins, Lots 2.6, Block 2,
Steger Heights .................. 2.25
Albert J. Kerper, Lots 1-6,
Block 2, Steger Heights.... 52.59
Pete S. & Bessie Sfikas, Lot
7, Block 2, Steger Heights 52.59
James B. & Florence M. Mc-
Donald, Lot 9, Block 2,
Steger Heights .................. 52.59
James E. & Jeanette Travis,
Lot 8, Block 2, Steger
Heights ..............................
St. Paul Evang, Luth.
Church, Lot 10, Block 2,
Steger Heights ..................
John C. & Kathryne M. Re-
gan, Lot 11, Block 2, Ste•
ger Heights ........................
William T, & LaVonne
Vath, Lot 12, Block 2, Ste-
ger Heights ........................
Carl V, & Ruth E. Riley, Lot
13, Block 2, Steger
Heights ..............................
Fay & Kaye Miller, Lot 14,
Block 2, Steger Heights
Thomas P. & Evelyn
O'Toole, Lot 15, Block 2,
Steger Heights ..................
George 0. & Mae Moore, Lot
16, Block 2, Steger
Heights ..............................
Claude E. & Rosalyn E.
Wegner, Lot 1, Block 3,
Steger Heights ..................
Jahn P. & Fern B. Wagner,
Lot 2, Block 3, Steger
Heights ..............................
Nellie Margaret Oberfell,
Lot 3, Block 3, Steger
Heights ..............................
Robert W. & Elsie A. Appel,
Lot 4, Black 3, Steger
Heights ..............................
Arthur J. Jr. & Alberta A.
Roth, Lot 1, Block 4, Ste-
ger Heights ........................
Richard J, & Rosemary M.
Smith, Lot 2, Block 4, Ste-
ger Heights ........................
John & Helen A. Schetgen,
Lot 3, Block 4, Steger
Heights ..............................
Joseph J, & Lucille E. Lo-
cher, Lot 4, Block 4, Ste-
ger Heights ........................
Robert S. & Agnes R, Pier,
Lot 1, Block 5, Steger
Heights ..............................
Merlin H. & Luella Apel,
Lot 2, Block 5, Steger
Heights ..............................
Koa C. & Dorothy E. Gatrel,
Lot 3, Block 5, Steger
Heights ..............................
Marguerite Trenkle, Lot 1,
Block 6, Steger Heights....
Fay T. Steger, Lot 2, Block
6, Steger Heights ..............
Alfred J. & Rose C. Tim-
merman, Lot 1, Block 7,
Steger Heights ..................
52.59
52.59
52.59
52.59
52.59
52.59
52,59
48.83
78.13
66.68
60.10
71.37
75.12
60.10
56.34
81.13
76.63
63,85
63,85
71,57
71.16
56.34
388 Adjourned Regular Session, September 2, 1958 Adjourned Regular Session, September 2, 1958 389
Ralph L. & Joan E. Rolling, Allen C. & Joanne R. Kane, Fred J. & Frances Hutch- Freund, Kintzinger, 5chueller, Ta-
Lots 2.3, Blnek 8, Steger Lot 8, Block 9, Steger ins, Lots 2-1.1, Clarence kos.
Heights .............................. 3.00 Heights ........•....••......,.•...... 60.10 Polfer Place ..........•........• 45.07 Nays-None.
Fay Steger, Lots 1.3, Block Ralph H, & Vera J. Kauf- Thomas E. & Elizabeth C. Proofs of Publication, certified
8, Steger Heights ............ 54.09 man, Lot 9, Block 9, Steg- r Christ, Lots 2-1-1-1-1, to by the Publishers, of notice of
John W. & Grace M. Riley, er Hei hts
g •••••••••••••••••••••••• 60.10 Clarence Polfer Place ..•. 45.07
; proposal to authorize the issuance
Lot 4, Block 8, Steger Donald D. & Helen R. Roth, Nicholas J. & Norma M. of Boulevard Light Improvement
Heights .............................. 57.09 Lot 10, Black 9, Steger ~ Legler, Lots 2.1.1-1-1.1, Bonds, in the amount of $4,627.56,
Leonard J
& Lois M Heights .............................. 56.83 Clarence Polfer Place .... 39.82 for the purpose of paying for the
.
.
O'Meara, Lot 5, Block 8, Herbert J. & Rachel E. John F. & Rita M. Klaser, cost of the construction of Boule-
Cam-
vard Lights on Devon Drive
Steger Heights .................. 57.09 Keegan, Lot 11, Black 9, Lots 1.1.1-1.1.1, Clarence
58
Polfer Place 55 ,
bridge Court and Princeton Place,
Leonard J. & Lois M. Steger Heights
"""""""' 52.59 .
! presented and read. Councilman
O'Meara, Lot 2.6, Block 8, Emory S. & Clara P. Bur• $4 627.56 Freund moved that the proofs of
Steger Heights .................. 9.01 ton, Lot 12, Block 9, Ste- ~ publication be received and filed.
Fay Steger
Lot 1-6, Block 8
' ger Heights .....•.• .............. 55.28 22'6" Octa-Tube Lighting
' Seconded by Councilman Schuel-
,
Steger Heights ........•.......
52.59
Robert W. & Mary Jane Arm
Standard with 8
ler Carried by the following vote:
'
Elmer F. & Lorretta C. Ferring, Lot 13, Block 9, 10 No. of at 150.00 ..........1,50(100 Yeas-Mayor Welu, Councilmen
Cody, Lot 7, Block 8, Ste- Steger Heights
•••••••••••••••• 56.34 Concrete Base 10 No. of at
'
00
500 Freund, Kintzinger, Schueller, Ta•
ger Heights •• ...................• 52.59 Adolph & Lydia Wolff, Lot .
50.00 ............•..................... kos.
John B. & Helen T. Kehoe, 14, Block 9, Steger 4,000 Lumens Filament Nays-None.
Lot 8, Block 8 Ste er
g Heights ......................•..•.... 56.34 Type Luminaires. in-
of at
10 No
stalled
RESOLUTION N0. 181.58
Heights .............................. 55.59 Clarence & MarguerRe L.
Spellman
Lot 15
Block 9 .
,
75.00 .............•.................... 750.00 Resolution providing for the is-
Aileen Platt & Cassius J.
Block 8
Cahill
Lot 9 ,
,
,
Steger Heights ............•... 56.34 Two Singge Conductors of suance of Boulevard Light Im-
,
,
,
Steger Heights 09
57 William P. & Leona C. No. 8 Direct Burial Type provement bonds for the purpose
......•.........
Robert A. & Frances D. . Trilk, Lot 1, Block 10, RR Cable, 1456 Lin. Ft.
1
281
28
88
at 0 of providing for the payment of
the assessed cost of Boulevard
Schiers, Lot 10, Block 8, Ste er Hei hts
g g •••••••••••••• 90,15 ,
,
..• ....................•....
.
Two Single Conductors of
Street Lighting on Devon Drive,
Steger Heights ..........•....• 60.10 Fay Steger, Lot 2, Block ,' No
12 TW Riser Wire in Cambridge Court and Princeton
Homer P. & Rosalie M• 10, Steger Heights .•..•... 75.87 .
Standards, 588 Lin. Ft. at Place.
Headley, Lat 11, Block 8, Fay Steger, Lot 3, Block 10, ~ 0
10 58.80
"""•""•""~••~•~•~•'~•~ ••~• Whereas the contract heretofore
Steger Heights
••••••••••••••• 60.10 Steger Heights
••••••••••••••• 65,90 .
' "
1 Galvamzed Conduit riser entered into by the City of Du-
Roland V. & Ruth U. Weber, Fay Steger, Lot 4, Block 10,
pipe with 2 single conduc- buque, Iowa, for the improvement
Lot 12, Block 8, Steger ger Heights
Ste .............. . 75.12
tors of No. 8 RR Cable, hereinafter described has been
Heights
°•°°'°°•°°°°•°•°°• 60.10 Fay Steger, Lot 1, Block
Service Head and Straps, completed and the City Manager
James J• & Theresa Vidmar,
11 Steger Heights ..........
82.64
246 Lin Ft. at 1.00 ........ 246.00 has certified the completion there-
Lot 13, Block 8, Steger
Marvin J. & Joan M• Kahle of to the City Council and the Citp
Heights .............................•
60.10 ,
Lot 2, Block 11, Steger
', $4,336.08 Council has ascertained the cost
Maurice D. & Janet Con• Heights .......................••..... 61.6D
5% Interest for 52 days........ 31.32 thereof and has determined that
$4
627.56 Dollars of the cost there-
well, Lot 14, Block 8, Virgil R. & Delores Mays, '' 6% Extra Expense ............ 260.16
` ,
of shall be assessed against the
Steger Heights .......•........ 63.85 Lot 3, Block 11, Steger property subject to assessment
Elmer F. & Irma E. Christ, Heights
.....•...•.......•.........•.. x,86 ~
$4,627.56
therefor; and
Lot 1, Block 9, Steger Helen L. McMahan, Lot 4, ALL OF WHICH IS ASSESSED
' Whereas public notice, as pro-
Heights ......• .....................•. 56.34 Block 11, Steger Heights 72.87 IN PROPORTION TO THE SPE- vided by law, has been published
John A. & Florence A. Carroll R. & Marvel V. CIAL BENEFITS CONFERRED, by the City Clerk stating the in-
Gruetzmacher, Lot 2, Lundquist, Lot 5, Block
Passed adapted and approved tention of the City Council to issue
Block 9, Steger Heights 60.10 11, Steger Heights ...•.... 93.15 ~ 1958
this 2nd day of September, bonds for the purpose of provid-
Alfred H. & Celeste P. Louis J. & Rhea Bournias, ,
WELU
CLARENCE P ing for the payment of the as•
Richard, Lot 3, Block 9, Lot 6, Block 11, Steger .
Mayor sessed cost of said improvement
'
Steger Heights ................ 60.10 Heights
,•.,•...........• .............
89.40 1
FREUND
GEORGE A g has been
and a public hearm
Charles H. & Ann Wilgen- Harold F. & Charlotte M, .
SCHUELLER
LEO N held, pursuant to such notice and
busch, Lot 4, Block 9, Miller, Lat 7, Block 11, .
KINTZINGER
CHARLES A all objections made thereto have
Steger Heights
......•......... 60.10 Steger Heights
• ............... g7,8g .
• PETER J. TAKOS been considered and determined;
Charles M. & Shirley A• William J. & Julia M. Vin- Councilmen Now Therefore Be It Resolved
Allen, Lot 5, Block 9, cent, Lot 8, Block 11, Ste- Attest: LEO F. FROMMELT by the City Council of the City
Steger Heights ................ 60,10 ger Heights .........•.........•.. 84.14 City Clerk of Dubuque:
John P. & Patricia K. Hayes,
Lot 6, Block 9, Steger Julius & Justine Boden-
Bieck, Lot 9, Block 11
Mayor Welu moved the adoption
1. That to provide for the pay
Heights ........•....•...•............ 60.10 ,
Steger Heights
................ 12
75 4 ~ of the resolution. Seconded by ment of the assessed cost of the
Howard F. & Fern L. Mc- Clarence & Nellie Hartman, . Councilman Freund. Carried by construction of Boulevard Street
Cauley, Lot 7, Block 9, Lot 2-1, Clarence Polfer the following vote: Lights and appurtenances on Cam•
Steger Heights ................ 60,10. Place .........:...............•..•..... 39.82 ! Yeas-Mayor Welu, Councilmen .bridge Court for its entire extent;
390 Adjourned Regular Session, September 2, 1958
on Devon Drive from a point 74'
south of the north line of Lot
1-1.1.1-1-1 of Clarence Polfer's
Place to its northerly terminus;
and on Princeton Place from Dev-
on Drive to a line connecting the
north line of Lot 2 of Lot 3 of
Block 8 of Steger Heights with
the north line of Lot 15 of Block
9 of Steger Heights there shall
be issued Boulevard Light Im-
provement bonds in the amount of
$4,627.56 Dollars in anticipation
of the deferred payment of assess-
ments levied for such improve-
ment.
2. Such bonds shall be called
Boulevard Light Improvement
bonds; and shall bear the date
of October 3, 1958; and shall be
numbered consecutively; and they
shall be numbered, divided into
series, and be in such denomina-
tions and for such maturity dates
as are shown in the following ta-
ble:
1. 1561 and 1562, $200.00 each,
April 1, 1959
2. 1563 and 1564, $200.00 each,
April 1, 1960
3. 1565 and 1566, $200.00 each,
April 1, 1961
4. 1567 and 1568, $200,00 each,
April 1, 1962
5. 1569 and 1570, $200.00 each,
April 1, 1963
6. 1571 and 1572, $200.00 each,
April 1, 1964
7. 1573 and 1574, $200.00 each,
April 1, 1965
8. 1575, 1576 and 1577, $200.00
each, April 1, 1966
9. 1578, 1579 and 1580, $200.00
each, April 1, 1967
10. 1581 and 1582, $200.00 each,
April 1, 1968
10. 1583, $227.56, April 1, 1968
3. Said bonds shall bear interest
at the rate of 5 per cent per an-
num, payable semi-annually in ac-
cordance with coupons thereto at-
tached:
4. Said bonds shall nat make the
City of Dubuque liable in any way,
except for the application of said
special assessment funds.
5. Said bonds shall provide that
they may be payable at any time
prior to the maturity date stated
therein at the option of the City
of Dubuque and shall be in sub-
stantially the following form:
No .........................................................
Series No ...........................................
CITY OF DUBUQUE
Boulevard Light Improvem't Bond
The City of Dubuque in the State
of Iowa promises to pay as here-
inafter mentioned to the bearer
hereof, on the first day of ............
or at any time before that date,
at the option of the City of Du-
buque, the sum of Two Hundred
dollars with interest thereon at
the rate of 5 per cent per annum,
payable semi-annually, on the pre-
sentation and surrender of the in•
terest coupons hereto attached.
Both principal and interest of this
bond are payable at the office of
the City Treasurer in the City of
Dubuque, in the State of Iowa.
This bond is issued by the City
of Dubuque under and by virtue of
Chapter 396 of the 1954 Code of
Iowa, as amended, and the Reso•
lution of said City duly passed on
the 2nd day of September, 1958,
being Resolution No. 181.58.
This Bond is one of a series of
23 bonds, 22 for $200.00 numbered
from 1561 to 1582 inclusive, and
one for $227.56 numbered 1583,
all of like tenor and date, and is-
sued for the purpose of construct-
ing Boulevard Lights and appur-
tenances on Devon Drive, Cam-
bridge Court and Princeton Place
as described in said Resolution,
in said City, which cost is payable
by the abutting and adjacent prop•
erty along said improvements and
is made by law a lien on all of
said property. It is payable only
out of the Special Assessment
Fund No. 1205 created by the col-
lection of said special tax, and
said fund can be used for no other
purpose.
It is hereby certified and recited
that all the acts, conditions and
things required to be done, prece-
dent to and in issuing this series
of bands, have been done, hap-
pened, and performed, in regular
and due form, as required by law
and said Resolution, and for the
assessment, collection and payment
hereon of said special tax, the full
faith and diligence of said City
of Dubuque are hereby irrevocably
pledged.
Adjourned Regular Session, S~r~.,...ber 2, 1958 391
In Testimony Whereof the City
of Dubuque by its Council has
caused this bond to be signed by
its Mayor and countersigned by its
City Clerk and the Seal of said
City to be thereto affixed, this 3rd
day of October, 1958.
(SEAL)
Mayor
City Clerk
(Form of Coupon)
On the .......... day of .....................
the City of Dubuque, Iowa, prom-
ises to pay to the bearer, as pro-
vided in said bond, the sum of
.................. Dollars, in the office of
the City Treasurer in the City of
Dubuque, being .................. months'
interest due that date on its
.............................. Bond No...............
dated ...................................................
Mayor
City Clerk
6. That the Mayor and City
Clerk be-and they are hereby in-
structed to cause said bonds to be
prepared and when so prepared to
execute said bonds and that the
City Clerk be and he is hereby in-
structed to register said bonds in
a book kept for that purpose and
to then deliver them to the City
Treasurer.
7. That the City Treasurer is
hereby instructed to sell said bonds
in the manner provided by law,
the proceeds of said sale to be
placed in a special fund to be
known as Special Assessment Fund
No. 1205 and paid out by him to
pay the cost of said contract.
8. That the interest coupons at-
tached to the bonds be signed with
the facsimile signature of the
Mayor and countersigned with the
facsimile signature of the City
Clerk.
9. That as fast as funds allow,
beginning with the second year
after the payment of interest due,
these bonds shall be called and re-
tired in the same order as num-
bered.
Adopted this 2nd day of Septem•
ber, 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.
Statement of Robert Kline cer•
tifying that he posted notices of
Levy of Special Assessment and in-
tention of the City Council to issue
bonds along the line of improve-
ment for the construction of Boule-
vard Lights on Cambridge Court,
Devon Drive and Princeton Place,
presented and read.
Councilman Freund moved that
the statement be received and filed.
Seconded 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 pro-
posal to dispose of real estate and
notice of receipt of bids on Lot 1
of Senior Subdivision, presented
and read.
No written objections were filed
and no oral objectors were pres-
ent at the time set for the public
hearing.
Mayor Welu moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos, Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
The following sealed bids were
opened and read on the proposed
purchase of Lot 1 of Senior Sub-
division in the City of Dubuque,
Iowa.
Digman Realty Co., $1865.00;
H. E. Dilworth, $1250.70; Met•
392 Adjourned Regular Session, September 2, 1958
tel Realty & Investment Co.,
$2,010.00,
Mayor Welu moved that in the
best interest of the City the high-
est bid of Mettel Realty & Invest-
ment Co. be accepted and the for-
mality of the certified check be
waived due to the background of
the bidder and that the highest
bidder be so notified that the
check submitted is not certified,
Seconded by Councilman Schuel-
let. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION NO. 182.58
Whereas the City Council of the
City of Dubuque invited bids for the
purchase of the following described
real estate in the Clty of Dubuque, Du-
buque County, Iowa:
Lat One of Senior Subdivision in the
City of Dubuque, Dubuque County,
Iowa, subject to easement reserved in
the City of Dubuque 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, and
Whereas, at a public meeting held
pursuant to public notice, at 7:30
o'clock P. M. on September 2, 1958,
in the City Council Chamber in th^_
City Hall, sealed bids were presented
to the City CouncR and bids being
opened it was determined that the
bid of Mettel Realty & Investment Co.
in the amount of (2,010.00, for the
above described real estate, was the
highest and best bid; and
Whereas, the City Council. at a pub
lic hearing held September 2, 1958,
pursuant to notice published in the
Telegraph Herald July 28th, 1958 and
August 4th, 1958, has determined that
it is in the best public interest that
said bid be acceped;
NOW THEREFORE, BE Tr RE-
SOLVED BY THE CITY COUNCII. OF
THE CITY OF DUBUQUE:
Section 1. That the offer of Mettel
Realty & Investment Co. in the amount
of X2,010.00 for the purchase of the
following described real estate in the
City of Dubuque, Dubuque County,
Iowa.
Lot One of Senior Subdivision, in the
City of Dubuque, Dubuque County,
Iowa, subject to easement reserved in
the City of Dubuque 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 and the
same is hereby accepted and the Mayor
and City Clerk be and they are here-
by authorized and directed to execute
a Quit Claim Deed conveying all right,
title and interest of the City of Du-
buque in end to said real estate, ex-
cept the right reserved in said descrip•
tion, to Mettel Realty & Investment Co.
and deliver the same upon receipt of
the payment of $2,010.00;
Section 2. That the City Clerk be and
he is hereby directed to record a cer-
tified copy of this Resolution in the
office of the County Recorder of Du-
buque County, Iowa.
Passed and adopted after public hear-
ing by recorded roll call vote this
2nd day of September, 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
Published officially in the Telegraph-
Herald Newspaper this 8th day of Sep•
tember 1958.
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, Ta-
kas.
Nays-None.
Proof of publication, certified to
by the Publisher, of notice of pub-
lic hearing to consider the pro-
posal to dispose of the Nly 18
inches of the Ely 176 feet of Lot
617 in the original Town of Du-
buque, presented and read.
No written objections were filed
and no objectors present in the
Council Chamber at the time set
for the public hearing.
Mayor Welu moved that the
proof of publication be received
and filed. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION N0. 158.58
Whereas the Sisters of St. Fran-
cis of Dubuque, Iowa, a charitable
corporation of Iowa, has offered
to purchase, for Five Hundred
Dollars, the Northerly 18 inches
of the easterly 176 feet of Lot
617 in the original Townsite of
Dubuque, Dubuque County, Iowa;
and
Whereas, the City Council, at
a public hearing held September
2, 1958, pursuant to notice pub-
lished in the Telegraph Herald,
July 28, 1958, and August 4, 1958,
has determined that it is in the
best public interest that said offer
be accepted;
Now Therefore, Be It Resolved
by the City Council of the City
of Dubuque, Iowa:
Adjourned Regular Session, September 2, 1958 393
Section 1. That the offer of Sis-
ters of St. Francis of Dubuque,
Iowa, in the amount of Five Hun-
dred Dollars, for the Northerly 18
inches of the easterly 176 feet of
Lot 617 in the original Townsite
of Dubuque, Dubuque County,
Iowa, be and the same is hereby
accepted and the Mayor and City
Clerk be and they are hereby au-
thorized and directed to execute
a Quit Claim Deed conveying all
right, title and interest of the City
of Dubuque in and to said real es-
tate to Sisters of St. Francis of
Dubuque, Iowa, and deliver the
same upon receipt of the payment
of the sum of $500.00;
Section 2. That the City Clerk
be and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office of
the County Recorder of Dubuque
County, Iowa.
Passed and adopted after public
hearing by recorded roll call vote
this 2nd day of September, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
rrJrr;n J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Mayor Welu. Carried 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 to consider the pro-
posal to dispose of the City's in-
terest in Lot 1 of Lot 1 of Lot 1
of Lot 1 of Ehrlich Place in the
City of Dubuque, presented and
read.
No written objections were filed
and no oral objectors were pres-
ent in the Council Chamber at
the time set for the public hearing.
Councilman Freund moved that
the proof of publication be re-
ceived and filed. Seconded by
Mayor Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos. Council-
man Kintzinger not voting.
Nays-None.
RESOLUTION N0. 183.56
Whereas the City Council of the
City of Dubuque has heretofore,
by Ordinance No. 7.43, vacated
certain streets and alleys in the
City of Dubuque some of which
lie wiCllin a tract of ground which
is now described as Lot 1 of Lot
1 of Lot 1 of Lot 1 of Ehrlich Place
in the City of Dubuque, Dubuque
County, Iowa; and
Whereas the title to said vacat-
ed streets and alleys lying within
said Lot 1 of Lot 1 of Lot 1 of Lat
1 of Ehrlich Place has never been
conveyed out of the City of Du-
buque; and
Whereas Ray A. Vyverberg and
Dorothy L. Vyverberg, husband
and wife, as owners of all the abut-
ting property, have petitioned the
City Council to convey the inter-
est of the City of Dubuque in said
Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Ehrlich Place to them on the rep-
resentation that they propose to
convey a portion thereof to a pur-
chaser who will subdivide said
tract and establish and improve
public streets therein; and
Whereas the City Council has
considered said petition and de-
termined that it is in the best
public interest that said request
be granted; and
Whereas at a public hearing
held September 2, 1958, pursuant
to notice published in the Tele-
graph Herald August 11, 1958 and
August 18, 1958, the City Council
has determined that said petition
should be granted in the public in-
terest;
Now Therefore, Be It Resolved
by the City Council of the City
of Dubuque:
Section 1. That all the right, ti-
tle and interest of the City of Du-
buque in Lot 1 of Lot 1 of Lot 1
of Lot 1 of Ehrlich Place in the
City of Dubuque, Dubuque Coun-
ty, Iowa, be and the same is here-
by conveyed to Ray A. Vyverberg
and Dorothy L. Vyverberg, hus-
band and wife, and that the Mayor
and City Clerk be and they are
hereby authorized and directed to
execute a Quit Claim Deed con-
394 Adjourned Regular Session, September 2, 1958
veying all right, title and inter-
est of the City of Dubuque in and
to said real estate to Ray A. Vy-
verberg and Dorothy L. Vyverberg,
husband and wife, subject to ease-
ments for public utilities now in
place, and to deliver the same up-
on receipt of the cost of the pub-
lication of notice of hearing;
Section 2. That the City Clerk be
and he is hereby authorized and
directed to record a certified copy
of this Resolution in the office of
the County Recorder of Dubuque
County, Towa.
Passed and adopted after pub-
lic hearing by recorded roll call
vote this 2nd day of September,
A.D, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Costs of publication received
this 3rd day of September, 1958.
LEO F. FROMMELT
City Clerk
Mayor Welu moved the adoption
of the resolution. Seconded by
Councllman Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos.
Councilman Kintzinger not vot-
ing.
Nays-None.
Proof of Publication, certified
to by the Publisher, of Official
notice of public hearing to con•
Sider the execution of a transmis-
sion line Easement to be granted
to Interstate Power Co. over and
across Lot 2 of the Subdivision of
Lot 1 of Lot i of Smith Southern
Avenue Place and Lot 2 of the
Subdivision of Lot 1 of Lot 1 of
Lot 1 of Smith Southern Avenue
Place all in the City of Dubuque,
Iowa, presented and read. No writ-
ten objections were filed and no
objectors present in the Council
Chamber at the time set for pub•
lie hearing.
Mayor Welu moved that the
proof of publication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION N0. 18456
Whereas, the Interstate Power
Company has requested an ease-
ment to construct a transnrission
line on City owned property; and
Whereas at a public hearing
held September 2, 1958, pursuant
to notice published in the Tele-
graph Herald August 11, 1958 and
August 18, 1858, the City Council
has determined that it is in the
best public interest that said ease-
ment be granted;
Now Therefore Be It Resolved
by the City Council of the City
of Dubuque:
Section 1. That the City of Du-
buque, a municipal corporation
does hereby grant unto Interstate
Power Company, a Delaware cor-
poration, its successors and as-
signs, forever, the right, privilege
and authority to construct, operate,
reconstruct, maintain and remove
lines for the transmission of elec-
tric energy, including necessary
poles, wires, towers, and other fix-
tures, over, across and upon the
following described real estate
owned by the City of Dubuque and
located in the County of Dubuque,
State of Iowa, to-wit:
Lot 2 of the Subdivision of Lot
1 of Lot 1 of Smith Southern
Avenue Place; and Lot 2 of the
Subdivision of Lot 1 of Lot 1
of Lot 1 of Smith Southern Ave•
nue Place, all in the City of Du-
buque, Dubuque County, Iowa.
together with the right, privilege
and authority to trim or cut down
any trees within thirty (30) feet of
each side of said lines which may
interfere with the construction,
operation, maintenance and remove
al thereof; and also the right to
enter upon the above described
premises at any and all times for
the purposes above set forth.
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized to execute a transmis-
sion line easement pursuant to
Section 1 hereof and deliver the
same to the Interstate Power Com•
Pant;
Adjourned Regular Session, September 2, 1958 395
Section 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, adopted and approved
by unanimous roll call vote this
2nd day of September, 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 Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Transmission Line Easement
KNOW ALL MEN BY THESE
PRESENTS that in consideration
of the sum of One ($1.00) Dollar
and other valuable considerations
in hand paid by Interstate Power
Company, a Delaware corporation,
the receipt whereof is hereby ac-
knowledged, the undersigned, City
of Dubuque, a municipal corpora-
tion, hereby grants said corpora-
tion, its successors and assigns,
forever, the right, privilege and
authority to construct, operate,
maintain and remove lines for the
transmission of electric energy, in-
cluding necessary poles, wires,
guys, stubs and other fixtures,
over, across and upon the follow-
ing described real estate owned by
the City of Dubuque and located
in the County of Dubuque, State
of Iowa, to wit:
Lot 2 of the Subdivision of Lot
1 of Lot 1 of Smith Southern Ave-
nue Place in the City of Dubuque,
Dubuque County, Iowa; and Lot
2 of the Subdivision of Lot 1 of
Lot 1 of Lot 1 of Smith Southern
Avenue Place in the City of Du-
buque, Dubuque County, Iowa.
Together with the right, privi-
lege and authority to trim ar cut
down any trees within thirty (30)
feet of each side of said lines
which may interfere with the con•
struction, operation, maintenance
and removal thereof; and also the
right to enter upon the above de•
scribed premises at any and all'
times for the purposes above set
forth.
IN WITNESS WHEREOF, the
said grantor, City of Dubuque, a
municipal corporation, bas caused
these presents to be signed by the
Mayor and the Clerk of the City
of Dubuque, Iowa, on this 2nd day
of September, A. D. 1958.
CITY OF DUBUQUE
(A Municipal corporation)
By CLARENCE P. WELU
Mayor
LEO F. FROMMELT
City Clerk
(City Seal)
STATE OF IOWA
COUNTY OF DUBUQUE ss:
On this 2nd day of September,
1958, before me, Geraldine L. Jen-
ni, aNotary Public in and for the
County of Dubuque, State of Iowa,
personally appeared Clarence P,
Welu and Leo F. Frommelt, each
of whom to me are personally
known, and each of whom by me
severally sworn on oath for him-
self did say that the said Clarence
P. Welu is Mayor and the said
Leo F. Frommelt is Clerk of the
said City of Dubuque, a Municipal
corporation, located in Dubuque
County, Iowa, and that the forego-
ing instrument was signed and
sealed in behalf of the City of Du-
buque by the unanimous authority
of the Honorable Mayor and City
Council of the City of Dubuque,
Iowa, and the said Clarence P,
Welu as Mayor, and Leo F. From-
melt, as Clerk, did severally ac-
knowledge the execution of said
instrument to be the voluntary act
and deed of said municipal corpo-
ration by it voluntarily executed.
IN WPINESS WHEREOF, I have
hereunto signed my name and af•
fixed my seal the day and year ap-
pearing.
(Notary Seal)
GERALDINE L. JENNI
Notary Public in and for
Dubuque County, Iowa
l
396 Adjourned Regular Session, September 2, 1958
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Housing and Home Finance
Agency of the Community Facili-
ties Administration has approved
a grant for plan preparation on
file East 14th and Pine Streets
four lane overpass with sidewalks
and approaches and the construc-
tion of East 14th Street from Cedar
Street to Kerper Boulevard. The
amount of this grant is $63,000.00
to cover all preliminary investiga-
tion and complete plans and speci-
fications for this four lane over-
pass and approaches.
This is one of the projects for
which the Council authorized me
to request planning funds. The
other was the Fengler Street two
lane overpass for which we have
received a grant.
I recommend that the City Coun-
cil accept this agreement and au•
thorize the City Manager to exe-
cute the acceptance on behalf of
the City of Dubuque, Iowa.
I also recommend that the City
Manager be authorized to enter
into a contract with a responsible
firm of engineers to prepare the
plans and specifications for this
project.
Respectfully submitted,
L. J• SCHILTZ,
City Manager
Councilman Schueller moved
that the recommendation of the
City Manager be approved. Sec-
onded by Mayor Welu. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos,
Nays-None.
RESOLUTION N0. 185.58
Whereas, the City of Dubuque
has received a formal offer from
the Housing and Home Finance
Agency of the Community Facili-
ties Administration of the United
States to make an advance of
$63,000.00 to aid in financing the
cost of complete plans and speci-
fications for the East 14th and
Pine Streets four lane overpass
with sidewalks and approaches
and the construction of East 14th
Street from Cedar Street to Ker•
per Boulevard;
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa:
1. That the construction of this
project is to the best interests
of the City and that the City
Council accept this offer,
2. That the City Manager be here-
by authorized and directed to
sign the agreement on behalf
of the City of Dubuque.
Passed, adopted and approved
this 2nd day of September, 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. Second•
ed by Councilman Takas. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Honorable Mayor and
Members of City Council
Dubuque, Iowa
Gentlemen:
Under the authority granted me
by the Dubuque Park Board by
letter dated August 14, 1958, I
have constructed a sanitary sewer
from St. Anne Drive through
Flora Park to the north terminus
of the Park Board's sewer in the
park.
This sewer has been constructed
in accordance with the City of
Dubuque Standard Specifications
far Sanitary Sewer and under the
inspection of the City Engineer
and is suitable for use as a public
sewer.
I request that this sewer I con-
structed be accepted as a public
sewer and made a part of the pub-
lic sewer system of the City of Du-
buque under the exclusive charge
and control of the City of Dubuque
and consent that if such permis-
sion is granted, its free use as
Adjourned Regular Session, September 2, 1958 397
such shall not be interferred with
by myself or by my successors or
assigns.
Respectfully submitted,
A. J. Kerper
Dated: August 15, 1958.
Mayor Welu moved that the com-
munication be received and made
a matter of record. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
The Park Board of the City of
Dubuque has constructed a sewer
in Flora Park connecting with the
Catfish Interceptor Sewer and Mr.
Angelo Kerper has extended this
sewer to St. Anne Drive.
We feel that it is in the public
interest that the entire sewer be
accepted as a public sewer and
made a part of the sanitary sewer
system in the City of Dubuque,
under the exclusive charge and
control of the City
We therefore recommend that
the entire sewer be accepted as a
public sewer.
Sincerely,
Dubuque Park Board
F. P. Delany, Secretary
Art M. Bennett, Chairman
Dated August 27, 1958.
Councilman Takos moved that
the communication be received
and made a matter of record. Sec-
onded by Councilman Freund. Car-
ried by the fallowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION N0.186~56
Resolution Accepting Sanitary
Sewer in Flora Park
Whereas the Park Board of the
City of Dubuque has constructed
a sanitary sewer in Flora Park,
connecting with the Catfish Inter-
ceptor Sewer; and
Whereas Angelo Kerper has ex-
tended said sewer through Flora
Park northerly to St. Anne Drive;
and
Whereas the said Angelo Kerper
and the Park Board of the City of
Dubuque have petitioned the City
Council to accept said sewer as a
public sewer under the exclusive
charge and control of the City of
Dubuque; and
Whereas the City Manager has
recommended that said request be
granted; and
Whereas the City Council finds
that said sewer has been con•
strutted in accordance with plans
and specifications for sanitary sew-
ers in the City of Dubuque and it
is in the best public interest that
said request be granted;
Now Therefore, Be It Resolved
by the City Council of the City
of Dubuque:
That the request of Angelo Ker-
per and the Park Board of the
Citq of Dubuque be and the same
is hereby granted and that said
sanitary sewer be and the same is
hereby accepted as a public sewer
under the exclusive charge and
control of the City of Dubuque,
and that its free use as such shall
not be interfered with by petition-
ers, or their successors or assigns.
Passed, adopted and approved
by recorded roll call vote this 2nd
day of September, 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, Ta•
kos.
Nays-None.
ORDINANCE N0. 6566
An Ordinance Granting A. J.
Kerper and Ruth Kerper the Right
to Construct a Sanitary Sewer in
St. Anne Drive and providing the
Terms and the conditions thereof,
presented and read.
Councilman Kintzinger moved
that the reading just had be con-
sidered the first reading of the
i
398 Adjourned Regular Session, September 2, 1958
Ordinance. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Councilman Kintzinger moved
that the rules be suspended re-
quiring an Ordinance to be read
on three separate days. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE No. 65.58
An Ordinance Granting A. J
Kerper & Ruth Kerper The Righf
To Construct a San(tary Sewer
in St. Anne Drive And Providing
The Terms And The Conditions
thereof.
Be It Ordained by the City Coun-
cil of the City of Dubuque
Section 1. That A. J. Kerper
and Ruth Kerper, husband and
wife, be and they are hereby grant-
ed the right to construct an eight
inch (8") vitrified file pipe sani-
tary sewer in St. Anne Drive from
the easterly lot line of Lot 6 of
Block 5 of 3t. Anne's Subdivision
west a distance of three hundred
and fifty feet (350') upon the fol-
lowing terms and conditions:
(a) That the grantor agrees to
construct said sewer within one
year from the date of adoption of
this ordinance and pay the entire
cast thereof including the cost of
inspection and restoration o! the
surface of the street.
(b) That said sewer shall be
constructed in accordance with
plane approved by the State De-
partment of Health and the City
Manager and under the supervis-
ion and direction of the City Man
alter and City Engineer.
(c) The grantees shall enter in-
to acontract for the construction
of said sewer with a well 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 acid sewer iu
good repair Por 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 oY 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 interfered with by grantees or
their successors or assigns.
Section 2. That the authority
granted herein shall terminate on
September 15, 1958, unless the
terms and conditions of this Ordin-
ance are accepted in writing by
the grantee prior to that date.
Section 3. This Ordinance shall
be in full force and effect from and
after its final passage, adoption
and publication as provided by law.
Passed, adopted and approved
this 2nd day of September, 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
Published officially in The Tele-
graph Herald newspaper this bth
day of September 19b3.
LEO F. FROMMELT
City Clerk
lt. s-s
ACCEPTANCE OF ORDINANCE
NO. 65.58
A. J. Kerper and Ruth Kerper,
husband and wife, having Pull
knowledge and understanding of
all the terms and conditions of
Ordinance No. 66-68, hereby ac-
cept the same ae passed and
agree to comply with all the
terms and conditions thereof.
Accepted this 2nd day oP Sep•
tember, 1968
A. J. KERPER
RUTH KERPER
Councilman Kintzinger moved
the adoption of the Ordinance. Sec-
onded by Councilman Schueller.
Carried 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 to
Contractors of the Receipt of Pra
posals for the construction of the
Alta Place sanitary sewer from a
point 125 feet north of the north
property line of Delaware street
to the existing sanitary sewer in
Green street, presented and read.
Mayor Welu moved that the proof
of publication be received and
filed. Seconded by Councilman Ta-
kos. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 2, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions,
sealed bids were received until
10:00 A. M, September 2, 1958, for
the construction of the Alta Place
sanitary sewer.
Adjourned Regular Session, September 2, 1958 399
Hennessey Bros., Incorporated,
of Cedar Rapids, Iowa, submitted
the lowest bid. I therefore recom-
mend that the contract be awarded
to them.
A tabulation of the bids received
is attached.
Respectfully submitted,
L. J. SCHII,TZ,
City Manager
Councilman Iintzinger moved
that the recommendation of the
City Manager be approved. Sec-
onded by Councilman Takos. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
(Awarding Confiract)
RESOLUTION NO. 181.58
Whereas, sealed proposals have
been submitted by contractors for
the construction of an eight inch
(8") sanitary sewer in Alta Place
from a point 125 feet north of
the North Property Line of Dela-
I' ware Street to the existing sani-
tart' sewer in Green Street, pur-
suant to Resolution No. 17458 and
notice to bidders published in a
newspaper published in said City
on August 8, 1958 and August 15,
1958; and
WHEREAS, said sealed propos-
als were opened and read on Sep-
tember 2, 1958, and it has been
determined that the bid of Hen-
. nessey Brothers, Inc. of Cedar Rap-
ids, Iowa in the amount of
$1,395,00 was the lowest bid for
the furnishing of all labor and ma-
terials 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 Bros. 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
complete performance of said
work.
BE IT FURTHER RESOLVED,
that upon the signing of said con-
tract and the approval of the con-
tractors bond the City Treasurer
is authorized and instructed to re-
turn the bid deposits of the unsuc-
cessful bidders.
Passed and adopted this 2nd day
of September, 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.
RESOLUTION NO. 188.58
BE IT RESOLVED by the City
Council of the City of Dubuque
that the fallowing, 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.
LeRoy G. Richman, 2319 Prince
Street
Riverside Bowl, 1860 Hawthorne
Street
Mt. St. Bernard Seminary, Inc. (Ef-
fective 10.1.58), Carter Road.
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 2nd day of September, 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, Ta-
kos.
Nays-None.
RESOLUTION NO. 189.58
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined:
NOW, THEREFORE,
400 Ad}'ourned Regular Session, September 2, 1958
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following applications be
granted and licenses be issued up-
on the compliance with the terms
of the ordinances of this City.
CLASS "B" PERMIT
LeRoy G. Richman, 2319 Prince
Street
Mrs. Elsie Snyder, 543 Eighth Ave-
nue
Mrs. Emma Scherer, 1187 Iowa
Street
J. Louis and Susan Spielman, 601
Rhomberg Avenue
Ronald J. Weiner, 949 Walnut
Street
Carl L. Noel, 1080 University Ave-
nue
Carl E. Meyer, 1828 Central Ave-
nue
Riverside Bowi, 1860 Hawthorne
Street
Richard M. Richman, 1555 Central
Avenue
Grange J. Kohn, 399 East ZOth
St*eet
CLASS "C" PERMIT
Thomas Oeschger, 815 West 5th
Street
Gus and Michael F. Pusateri, 1098
Main Street
Tenenbom's Super Market, Inc.,
630 Locust Street
Walter W. Knoll, 205 Kaufmann
Avenue
Passed, adopted and approved
this 2nd day of September, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KI1Vi~u1GER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Mayor Welu moved the adop-
lion of the resolution. Seconded
by Councilman Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION N0. 190.58
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the approv-
al of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE Tl 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 Pernut.
CLASS "B" PERMIT
LeRoy G. Richman, 2319 Prince
Street
Mrs. Elsie Snyder, 543 Eighth Ave-
nue
Mrs. Emma Scherer, 1187 Iowa
Street
J. Louis and Susan Spielman, 801
Rhomberg Avenue
Ronald J. Weiner, 909 Walnut
Street
Carl L. Noel, 1080 University Ave-
nue
Carl E. Meyer, 1828 Central Ave-
nue
Riverside Bawl, 1860 Hawthorne
Street
Richard M. Richman, 1555 Central
Avenue
Grange J. Kohn, 399 East 20th
Street
CLASS "C" PERMIT
Thomas Oeschger, 815 West 5th
Street
Gus and Michael F. Pusateri, 1098
Main Street
Tenenbom's Super Market, Inc.,
630 Locust Street
Walter W. Knoll, 205 Kaufmann
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same are here-
by approved.
Passed, adopted and approved
this 2nd day of September, 1958.
CLARENCE P. WELU
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
CHARLES A. KINTZIlVGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Kintzinger 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.
Adjourned Regular Session, September $ 1958 401
Councilman Schueller moved
that Mr. Lloyd L. Peterson be re-
appointed to serve on the Airport
Commission for a term of six years,
beginning September 14, 1958 and
expiring on September 14, 1964.
Seconded by Councilman Kintzing-
er. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Councilmen ~ ......................................
Councilman Freund moved that Attest : ..............................................
the rules be suspended in order City Clerk
to let anyone present address the
Council if they so desire. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Mr. Eugene M. Thurston, Frank
J. Hanson, Roy M, Denman, ail
residents of Hempstead street, ad-
dressed the Council seeking relief
from excess mud and water that
seems to rest in their yards after
heavy rains,
Councilman Kintzinger moved
that the Council view the grounds.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
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, Ta-
kos.
Nays-None.
LEO F. FROMMELT
City Clerk
Approved ................................1958.
Adopted ..................................1958. -
i~ 4
402 Special Session, September 17, 1958
CIiY fOUN(IL
(Official)
Special Session, September 17,
1958, Council met at 7:36 P.M.
Present-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos. City Manager Schiltz.
Mayor Welu read the call and
stated that service thereof had
been duly made and that this meet•
ing is called for the purpose of
acting upon such business as may
properly come before the meeting.
Communication of Geo. C. Chris-
topher, as President of the Ameri-
can Municipal Assn, extending an
invitation to Mayor Welu to attend
the 35th Annual American Munici-
pal Congress in Boston, November
30th to December 3, 1958, present-
ed and read. Councilman Freund
moved that the communication be
received and filed. Seconded by
Mayor Welu. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Communication of Dubuque Hu-
mane Society acknowledging re-
ceipt of payment of $2500 as per
agreement for Dog Control, 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, Ta-
kos,
Nays-None.
Communication of Lloyd Luber
signifying his interest in the pur-
chase of City owned Lot No. 597
in Hams Addition, presented and
read. Councilman Iintzinger moved
that the Council view the grounds,
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Council proceedings for the
month of April 1958, presented for
approval. Councilman Schueller
moved that the Council proceed-
ings for the month of April 1958
be approved as printed. Seconded
by Councilman Takos. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 4, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
In accordance with Ordinance
No. 51.56, I recommend that the
City Council approve the transfer
of funds available in the following
special assessment funds on which
all bonds have been paid and
which have a credit balance to the
General Special Assessment Fund.
Fund No., Sheet Name and the
TYPe of Improvement
Credit Balance
967-Forest Lane, Concrete
Paving ................................$555.15
969~eminary Street, Sani-
tary Sewer .......................... 373.45
972-Platt Street, Concrete
Paving ................................ 310.01
974-Tressa Street, Curb k
Gutter .................................. 106.30
983-Simpson Street, Curb
and Gutter .......................... 14.50
985-Dillon Street, Sanitary
Sewer .................................. 109.30
986-West 3rd Street, Curb
and Gutter .......................... 353,40
1029-Groveland Place, As-
phalt Macadem Surfacing 64,54
1074-Argyle Street, Curb
and Gutter ........................ 65.61
1095-Argyle Street, As-
phalt Macadam Surfacing 111.96
1148-Whittier Street, As-
phalt Macadam Surfacing ,13
1164-Bradley Street, As-
phalt Macadam Surfacing 129.24
1181-Avoca Street, Asphalt
Macadam Surfacing ....,..... 31.40
1183--Glen Oak Street, As•
phalt Macadam Surfacing 10.82
1184-Mineral Street, As-
phalt Macadam Surfacing 1.56
1186-West 32nd Street, As-
phalt Macadam Surfacing 5.26
1187-West 32nd Street, As-
phalt Macadam Surfacing 52.12
Total Credit Balances ....$2,294.75
Respectfully submitted,
L. J, SCHH,TZ,
City Manager
Special Session, September 17, 1958 403
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 4, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
According to Ordinance No. 51-
56, Irecommend that funds be
transferred from the General Spe-
cial Assessment Fund to the spe-
cial assessment funds for the
amounts listed below:
Fund No., Name of Street and
type of Improvement
Overdrawn
976-Avalon Road, Curb &
Gutter ................................$ 62.80
978-Hillcrest Road, Curb &
Gutter ................................ 569.38
979-Ogilby Road, Curb and
Gutter ................................ 123.20
980-Valleyview Road, Curb
& Gutter ............................ 53.42
984-Dunleith Street, Curb
& Gutter ............................ 60.26
995-Dillon Street, Curb &
Gutter ................................ 16.19
1125--St. Ambrose Street,
Asphalt Macadam Surfac-
ing ...................................... 36.90
Total Overdraft ................$922.10
There are no outstanding bonds
on the above special assessment
funds, and in order that the over-
drafts can be taken care of, there
is a sufficient amount of money
available in the General Special
Assessment Fund.
Respectfully submitted,
L. J. SCIiILTZ,
City Manager
Councilman Takos moved that
the recommendation of the City
Manager be approved. Seconded
by Councilman Freund. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 17, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise that I have ap•
proved the following bonds and
policies and desire to have your ap-
proval an same for filing, subject
to the approval of the City Solici-
tor:
HEATING
Montgomery Ward & Co., Inc.,
Bond No. MW 224 730097, In-
demnity Ins. Co. of N.A.
Sears Roebuck & Co., Standard Ac•
cident Ins. Co.
W. J. Jordan, General Ins. Co. of
America
J. F. Stampfer Company, Fireman's
Fund Indemnity Co.
SIDEWALK
William P. Sweeney, Bond No.
681948-58, Western Surety Com-
pany
PERSONAL
Lloyd L. Peterson, Airport Com-
missioner, St. Paul Fire & Ma-
rine Ins. Co.
EXCAVATION
Curtis-Straub Company, Policy No.
PC 27131, Central Surety & Ins.
Corp.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Mayor Welu moved that the
bonds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 17, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
During the last several years we
have diligently worked to get side-
walks constructed in sections of
the City where they were never
installed and many miles of side-
walk have been completed.
)n new subdivisions the City has
not required the subdivider to con•
struct sidewalks as a condition of
approval, however, in view of the
many new subdivisions being de-
404 Special Session, September 17, 1958
veioped this policy should be
changed. If sidewalks are required
in new subdivisions we can con-
centrate on the other sections of
the City to get walks installed,
I recommend that the construc-
tion of sidewalks along the front of
a lot be a requirement for approval
of a subdivision.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Freund moved that
the recommendation of the City
Manager be approved effective as
of today. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 15, 1958
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have examined the claim of
Cora McDougal for injuries sus-
tained in a fall on an icy cross-
walk on West Tenth and Main
Streets in the City of Dubuque, on
January 4, 1958 and find the claim-
ant fell as claimed, sustaining a
fractured hip, which required sub-
stantial hospitalization and medi-
cal care.
I have discussed the matter with
Mr. M. H. Czizek, claimant's at-
torney, and he has, on her behalf,
agreed to accept $3286 in full set-
tlement of said claim
I recommend that the settle-
ment be approved and the Audi-
tor directed to issue a warrant in
the amount of $3286 payable to
Cora McDougal and M. H. Czizek,
her attorney, and deliver the same
upon receipt of a properly execut-
ed 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 in the amount of $3286 pay
able to Cora McDougal and M. H.
Czizek her attorney and deliver the
same upon receipt of a properly
executed release in full settlement
of the claim. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Notice of suit of Carrie Gladwin,
Plaintiff, vs. Black & White, Yel-
low & Checker Cab Co, of Du-
buque, Iowa and City of Dubuque,
Iowa, in the amount of $72611.20,
for personal injuries received on
June 28, 1958, due to negligence
of the defendants, as the result of
a defective sidewalk and the fail-
ure to exercise proper care as to
the safety of a passenger by the
Cab company, presented and read.
Mayor Welu moved that the no-
tice of suit be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman fia-
kos. Carried by the following vote:
Yeas-Mayor Weiu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Notice of claim of John Kendall
of 1517 Maple Street in the amount
of $33.68 for damage to the sewer
line leading into his home during
the construction of a sanitary sew-
er in Maple Street on March 21,
1958, presented and read. Mayor
Weiu moved that the claim be re-
ferred to the City Solicitor for in-
vestigation and report. Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0, 6658
An Ordinance establishing a
grade on Bunker Hill Street from
the south property line of Clarke
Drive to the north property line of
Asbury Street, 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
Special Session, September 17, 1958 445
on three separate days. Seconded
by Councilman Iintzinger, Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Ordinance No. 66.58
An Ordinance establishing a
grade on Bunker Hill Street from
the south property line of Clarke
Drive to the north property line
of Asbury Street.
BE IT ORDAINED BY T H E
CITY COUNCIL OF THE CITY OF
DUBUQUE:
Section 1. That a grade on Bunk
er Hill Street Yrom the south prop-
erty line of Clarke Drive to the
north property line of Asbury
Street, be and the same is hereby
established and adopted as shown
key a profile of said street and
grade prepared by the City En-
gineer profile No. 1475. Bench
Mark: Point oP arrow on
fire hydrant on north side of
Clarke Drive 200 feet east of Bunk-
er Hill Street Elevation 837.78
Said grade begins at south proper-
ty line of Clarke Drive which is
station A } AO East curb Eleva-
tien 839.15, West curb elevation
839.24; thence to station 0}6A
which is P. C.; East Curb Eleva-
tion 840.83, West Curb Elevation
84r.33; thence to station 1}00
which le Point on Curve, East curb
Elevation 842.78, West curb eleva-
tion 843.78; thence to station 1}5#i
which is P.I. East curb elevation
895.95, West curb elevation 84fi 95;
thence to station 2}00 which is
point on curve, Fast curb elevation
849.81, west curb elevation 850.84;
thence to station 2}50 which la
P.T. East curb Elevation 854.96,
West curb elevation 855.96; thence
to station 2}82.55 which is the
north property line of Asbury
Street East Curb elevation 857.60,
west curb elevation 859.01.
Section 2. This Ordinance shall
be in fun farce and effect immedi-
ately upon its final passage and
adoption and publication as pro-
vided by law.
Passed, adopted and approved
this i7th day of September, 1968.
Clarence P. Weiu
Mayor
George A. Freund
Leo N. Schueller
Charles A. Kintzin°er
Peter J. Takos
Councilmen
Attest: Leo F. Frommelt
City Clerk
Published officially In the Tele-
graph-Herald newspaper this 23rd
day of September 1958.
Leo F. Frommelt
City Clerk.
]t. s-zn
Councilman Schueller moved the
adoption of the Ordinance. Second-
ed by Councilman Kintzinger. Car-
ried by the following vote;
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
ORDINANCE N0. 61.58
An Ordinance granting George
A. Saffron the Right to Construct
a sanitary sewer and water main
in Kane Street and providing the
terms and conditions thereof, pre-
sented 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 fol-
lowing 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.
(OFFICIAL PUBLICATION}
ORDINANCE N0. 67.58
An Ordinance Granting George
A, Saffron the Right to Construct
a Sanitary Sewer and Water
Main in Kane Street and Provid-
ing the Terme and Conditions
thereof.
Be [t ordained by the City Coun-
cil of the City of Dubuque, Iowa:
Section 1. That George A, Saf•
fran be and be is hereby granted
the right to construct an eight
inch (8") sanitary sewer in Kane
Street from the existing sanitary
sewer opposite Lot 2 of Lot 1
of Winy Place westerly in Kane
Street to the west property line
of Lot 1 of Lot 1 of Willy Place;
and the right to construct a
twelve inch (12") cast iron water
main in Kane Street from the eater~
inging water main opposite Lot 2
of f.ot 1 of Willy Place westerly in
Kane Street to the existing water
main in Kane Street at the weal
property line of Lot 1 of Lot 1 of
Willy Place upon the following
terms and conditions:
(a) That the grantor agrees to
construct said sewer and water
main within one year from the
date of adoptic^ oP this ordinance
and pay the entire coat thereof
including the cost of lnepection
and restoration of the surface of
the street
(b) That said eewer and water
main shall be constructed in ac-
cordance with Plana approved b9
the State Department of Health
and the City Manager and under
the supervision and direction oP
the City Manager and City Engi-
neer.
(c) That the grantee shall en.
ter into a contract for the con-
struction of said sewer and water
main with a well qualified con-
tractor which contract, a m o n g
other things, will contain a clause
requiring the contractor to obtain
~'~
406 Special Session, September 17, 1958
ali necessary permits required by
the City of Dubuque, or any other
governmental agency, a clause ob-
ligating the contractor and h i s
beadsmen to keep said sewer and
water main In good repair for a
period of not less than two years
tram the date of acceptance of the
work, and a clause requiring the
contractor to furnish a surety band
with the City of Dubuque named
as one of the obligees, guarantee-
ing the faithful performance of
said contract.
(d) That upon completion of
said sewer and water main and
the acceptance of the same by
the City Council, said eewer and
water main shall become a public
sewer and water main under the
exclusive charge and control of
the City of Dubuque, and lta free
use as such shall not be tnterferred
with by grantees or their succea-
sore or assigns.
Section 2. That the authority
granted herein shall terminate an
October 6, 1958, anises the terms
and conditions of this Ordinance
are accepted in writing by the
grantee prior .o that date.
Section 3. This Ordinance shall
be in full force and effect from
and after its final passage, adop-
tion and publication as provided by
law.
Passed, adopted and approved
this 17th day of September A/D,
1958.
CLARENCE P. wELU
Mayor
GEORGE A. FREUND
LEO N. 3CHUELLER
CHARLES A. KINTZINGER
PETER 7. TAK03
Councilmen
ATTEST:
Leo F. Frommelt
Ctty Clerk
Published officially in [he Tele-
graph Herald newspaper this 25th
day of September 1958.
LEO F. FROMMELT
City Clerk
lt, 9/25
ACCEPTANCE OF ORDINANCE
N0. 67.58
George A. Saffron having full
knowledge and understanding of
all the terms and conditions of
Ordinance No. 67-58, hereby ac-
cepts the same as passed and
agrees to comply with the terms
and conditions thereof.
Adopted this 19th day oP Septem-
ber 1968.
George A. Saffron
lt. 9-25
Councilman Schueller moved the
adoption of the Ordinance. Second-
ed by Councilman Kintzinger. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Petition of Virgil Wersinger, re-
questing arefund of $75 on the
unexpired portion of cigarette li-
cense No. 263 as he has discon-
tinued business on September 2,
1958, presented and read. Council-
man Freund moved that the re-
fund be granted and the Auditor
instructed to issue a warrant pay-
able to Virgil Wersinger in the
amount of $75 to cover the amount
due on the unused portion of cig-
arette License No. 263. Seconded
by Councilman Takos. Carried by
the fallowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Virgil Wersinger, re-
questing arefund of $150 on the
unexpired portion of Class B beer
license No. 70, as he has discon-
tinued business on September 2,
1958, presented and read. Council-
man Freund moved that the refund
be granted and the Auditor in-
structed to issue a warrant payable
to Virgil Wersinger in the amount
of $150 to cover the amount due
on the unused portion of beer
license No. 70. Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Dubuque Baseball
Inc. requesting a refund of $100
on the unexpired portion of Class
B beer license No. 15, as they have
discontinued business on Septem-
ber 3, 1958, presented and read.
Councilman Freund moved that
the refund be granted and the Au-
ditor instructed to issue a warrant
payable to Dubuque Baseball Inc.
in the amount of $100 to cover
the amount due on the unused
portion of beer license No. 15.
Seconded by Councilman Takos.
Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Petition of Dubuque Sports
Bowl Inc. requesting a refund of
$100 on the unexpired portion of
Class B beer license No. 25, as they
have discontinued business on Sep-
tember 3, 1958, presented and
read. Councilman Freund moved
that the refund be granted and the
Auditor instructed to issue a war-
rant payable to Dubuque Sports
Bowl Inc., in the amount of $100,
to cover the amount due on the
Special Session, September 17, 1958 ~
unused portion of Class B beer
license No. 25, Seconded by Coun-
cilman Takos. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Kenneth Howell et
al requesting the erection of a
street light at the intersection of
Drexel and Illinois Avenue, pre-
sented and read. Councilman IGnt-
zinger moved that the petition be
referred to the City Manager and
Electrical Inspector for investiga-
tion and report. Seconded by Coun-
cilman Schueller. Carried by the
following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
Petition of Mrs. John M. Potras
et al requesting the erection of a
traffic light at the corner of W.
Locust and W. 17th street, present-
ed and read.
Councilman Schueller moved
that the rules be suspended to al•
law 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, Ta-
kos.
Nays-None.
Mrs. John Potras, Mrs. Robert
Friedman and Harold Voels all
addressed the Council relative to
the hazardous traffic conditions at
the corner of W. Locust & W. 17th
Street. All seemed to 6e of the
opinion that the corner was es-
pecially dangerous for children go-
ing to and from school.
Councilman Schueller moved
that the petition be referred to the
City Manager and Traffic Depart-
ment for investigation and report.
Seconded by Councilman Freund.
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 designated 10 year streets; 173
feet south of Kirkwood on Cox
Street; 423 feet north of Loras on
Cox street; 1(i4 feet west of Pierce
on West 17th street; 165 feet west
of Pierce on Angella street, pre•
sented and read. Councilman Kint-
zinger moved that the petition be
granted providing the Gas Com-
pany reseal all excavations as ap-
proved by the City engineer and
that a communication of policy of
the City be sent to the Gas Com•
pang officials. Seconded by Coun-
cilman Takos, Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 11, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am submitting for your approv
al plans for guard rail along Ker-
rigan Road within the City of Du-
buque prepared by the Iowa State
Highway Commission.
The approval of the resolution
is necessary in order that the State
may proceed with the work and
is similar to approval given to
grading and paving plans.
Respectfully submitted,
L. J. SCHILTZ
City Manager
Mayor Welu moved that the com-
munication be received and filed,
Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
County Dubuque
Project U•UG17 (7)
RESOLUTION NO. 191.58
Consenting to and approving the
plans for the improvement of the
extension of US No. 61 and US No.
151 within the City of Dubuque,
Iowa.
WHEREAS: It is proposed to
improve by construction of guard
rail, the extension of US No. 61
and US No. 151 within the City
of Dubuque, Iowa, in accordance
with plans filed in the office of
the clerk of said city of Dubuque
as follows:
On relocation of Primary Roads
US No. 61 and US No. 151 from
the south corporation line of Du-
buque northerly to Locust Street,
thence northerly on Locust Street
to a point which is 785.8 feet south-
. erly of the intersection of Dodge
I
40d Special Session, September 17,1958
and Locust streets, identified as
Proj. No. U•UG17 (7).
WHEREAS the Council has in-
formed itself as to the proposed
improvement and has examined
the plans thereof.
NOW, THEREFORE, be it re-
soIved by the said Council of Du-
buque, Iowa, as follows:
1. The Council hereby approves
the plans for the said project and
consents to the improvement in
accordance with the plans.
2. The Council will take such
legal steps and. prosecute to a con-
cIusion such legal action and/or
proceedings as are now or may
hereafter be required.
3. Since this project is to be part-
ly financed with Federal Aid
Funds the grant of which requires
that the Iowa Highway Commis-
sion comply with federal laws and
regulations with respect thereto,
the Council agrees to take such ac-
tion as may be necessary to com-
ply with such Federal Laws and
regulations. (Approval of the plans
by the Council satisfies the re-
quirements of this paragraph).
Passed and approved this 17th
day of September, 1958.
CLARENCE P. WELU
Mayor
I, Leo F. Frommelt, Clerk of City
of Dubuque, Iowa, hereby certify
that the above resolution was duly
passed and adopted by the City
of Dubuque, Iowa on the 17th day
of September, 1958, by the fol-
lowing call of yeas and nays re-
corded hereon.
Yeas-George A. Freund, Leo N.
Schueller, Charles A. Kintzinger,
Peter J. Takos.
Nays-None,
Absent or not voting-None.
Members of the Council
LEO F. FROMMELT
City Clerk of Dubuque, Iowa
Approved and Accepted
Iowa State Highway Commission
JACK REID
Date; Oct. 15, 1958
Mayor Welu moved the adoption
of the resolution. Seconded by
Councilman Schueller. Carried by
the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
k-0s.
Nays-None.
Comunicatian of Reilly Realty
Inc. submitting plat of Blocks 4,
5, 6 and 7 in Green Acres Subdi-
vision, presented and read. Coun-
cilman Freund moved that the
communication be received and
filed. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos.
Nays-None.
Councilman ]fintzinger not vot•
ing.
August 29, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your con-
sideration is Subdivision Plat of
Blocks 4, 5, 6 and 7 in Green Acres,
Reilly Realty Inc,, owner. This plat
has been approved by the Planning
and Zoning Commission.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen Riley, Acting-Secy.
Councilman Schueller moved
that the communication be re-
ceived and filed. Seconded by
Councilman Freund. Carried by the
following vote:
Yeas-Mayor Wetu, Councilmen
Freund, Schueller, Takos.
Nays-None. Councilman Kint-
zinger not voting.
RESOLUTION N0. 192.58
Resolution Approving the Plat of
Blocks 4, 5, 6 and 7 in Green Acres
Subdivision in the City of Dubu-
que, Dubuque County, Iowa.
Whereas, there has been filed
with the City Clerk a plat in which
Lot 2 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Ehrlich Place in the City
of Dubuque, Dubuque County, Iowa
is platted as
Blocks 4, 5, 6, and 7 in Green
Acres Subdivision in the City
of Dubuque, Dubuque County,
Iowa, by
Reilly Realty Inc.; and
Whereas upon said plat appear
streets and easements which the
owners upon said plat have dedi-
cated to the public forever; and
Whereas said plat has been ex-
amined by the City Council and
they find that the same conforms
to the Statutes and Ordinances re-
Special Session, September 17, 1958 409
lating thereto and that the grades
have not been established or the
streets graded or the surfacing,
sewer and water mains installed;
NOW rn~nEFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the dedication of
Oak Crest Drive and Maplewood
Court, together with the easements
for public utilities, as the same ap-
pear upon said plat be the same
are hereby accepted;
Section 2. That the plat of the
Subdivision of Lot 2 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Ehrlich
Place in the City of Dubuque,
which will hereafter be known as
Blocks 4, 5, 6, and 7 in Green
Acres Subdivision in the City of
Dubuque, Dubuque County, Iowa,
be and the same is hereby ap-
proved, and the Mayor and Clerk
are hereby authorized and directed
to endorse the approval of the City
of Dubuque upon said plat, provid-
ing the owner of said property,
hereinbefore named, executes its
written acceptance hereto attached
agreeing:
(a) To reduce Oak Crest Drive
and Maplewood Court to grade, as
shown by the profile submitted
with the plat;
(b) To surface Oak Crest Drive
and Maplewood Court, as the same
appear upon said plat, for a width
of 30 feet from curb face to curb
face with six inch rolled stone
base, with 2~Z inch hot mixed, hot
Laid, bituminous concrete surfacing
and with concrete curb and gutter
as shown in the City of Dubuque
Standard Curb and Gutter Section;
(c) To install water mains in ac-
cordance with the plans submitted
with the plat;
(d) To install storm and sanitary
sewers in accordance with plans
submitted with the plat;
(e) To install sanitary sewer
and water house laterals for each
lot from the main to behind the
curb line;
(f} To provide a seal coat for
the surfacing of the streets des-
cribed in sub-paragraph (b) hereof;
(g) To construct aturn-around
at the terminus of Oak Crest Drive
in accordance with the surfacing
plans submitted with the plat, pro
vided, however, that in the event
Oak Crest Drive is extended be-
yond its northerly terminus as
shown on said plat, prior to the
date far final performance o€ the
foregoing improvements this pro-
vision shall not be required;
fh) To construct sidewalks.
(i) To construct the foregoing
improvements in accordance with
plans and specifications approved
by the City Manager, under the
inspection of the City Engineer and
in a manner approved by the City
Manager;
(j) To maintain the street im-
provements for a period of four (4)
years from the date of their ac-
ceptance and to maintain the san-
itary sewer for a period of two
(2) years from the date of its ac-
ceptance;
(k) To provide the foregoing con-
struction and maintenance all at
the expense of Reilly Realty, Inc.,
as owner;
(1) To construct said improve-
ments prior to November 1st, 1960;
and further provided that Reilly
Realty, Inc., as owner of said sub-
division, secure the performance
of the foregoing conditions by pro-
viding security in such sum and
with such sureties as may be ac-
ceptable to the City Manager;
Section 3. That in the event Reil-
ly Realty, Inc., shall fail to exe-
cute the acceptance and provide
the security provided for in Section
2 hereof, within forty-five (45)
days from the date of this Resolu-
tion, the provisions hereof shall
be null and void and the accept-
ance of the dedication and approval
of the plat shall not be effective.
Passed, adopted and approved
by unanimous recorded roll call
vote this 17th day of September,
A. D. 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N.SCHUELLER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
i°,
i
_:« .~ ~ .,
410 Special Session, September 17, 1958
To Leo F. Frommelt, City Clerk:
This is to certify that the secur-
ity required by the foregoing Reso-
lution No. 192.58 has been pro-
vided by the owner.
Dated at Dubuque, Iowa, this
24th day of September, 1958.
L. J. SCHH,TZ,
City Manager
Councilman Schueller moved
the adoption of the resolution. Sec-
onded by Councilman Freund. Car-
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos.
Nays-None. Councilman Kint-
zinger not voting.
ACCEPTANCE OF RESOLUTION
N0.192.56
Reilly Realty, Inc., being familiar
with the terms and conditions of
the foregoing Resolution No. 192-
58, hereby accepts the same and
agrees to perform the `conditions
required of it therein.
Dated this 18th day of Septem-
ber, A.D. 1958.
REILLY REALTY, INC.,
By William J. Reilly
September 17,1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Attached is an easement for
street purposes which will provide
the necessary property for a turn
around at the end of Oak Crest
Drive in Green Acres Subdivision.
The purpose of this easement in•
stead of a deed and dedication is
that the street will be extended
and the turn around not needed.
The easement could then be va-
cated.
Respectfully submitted,
L. J. SCHILTZ,
City Manager
Councilman Takos moved that
the easement be made a matter
of record. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Schueller, Takos.
Nays-None. Councilman Kint•
zinger not voting.
EASEMENT
For and in consideration of the
sum of One Dollar and other good
and valuable consideration, Reilly
Realty, Inc., as owner and propri-
etor of
Lot 7 in Block 7 of Green Acres
Subdivision in the City of Du-
buque, Dubuque County, Iowa,
does hereby grant and convey to
the CITY OF DUBUQUE, IOWA,
an Easement for street purposes
over the following described por-
tion of said Lot, to-wit:
Commencing at the intersection
of the north line of said Lot 7
with the east line of Oak Crest
Drive, which is the point of
beginning, thence proceeding
southerly along the east line of
Oak Crest Drive a distance of
101.79 feet, thence north 59°
58' for a distance of 73.09 feet
to a stake, thence north 54° 29'
west 129.68 feet along the east
line of said Lot 7, thence south
35° 31' west a distance of 50 feet
along the north line of said Lot
7 to the point of beginning.
Dated at Dubuque, Iowa, this 16th
day of September, A. D. 1958.
REII,LY REALTY INC.
By William J. Reilly,
President
William J. Reilly,
Secretary-Treasurer
STATE OF IOWA )
SS.
DUBUQUE COUNTY )
On this 16th day of September,
A. D. 1958, before me, the under-
signed, aNotary Public in and for
said County, in said State, person-
ally appeared William J. Reilly and
William J. Reilly, to me personally
known, who, being by me duly
sworn, did say that they are the
President and Secretary-Treasurer,
respectively, of said corporation
executing the within and foregoing
instrument to which this is at-
tached; that (no seal has been
procured by the said corporation;)
that said instrument was signed on
behalf of said corporation by auth-
thority of its Board of Directors;
and that the said William J. Reilly
and William J. Reilly, acknow-
ledged the execution of said instru-
ment of said instrument to be their
Special Session, September 17, 1958 411
voluntary act and deed as such
officers of said corporation, by it
and them voluntarily executed.
David Kintzinger
Notary Public, Dubuque
County, Iowa.
(Notarial Seal)
September 2, 1958
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
Herewith submitted for your
consideration in Rolling Ridge
Subdivision, Hillcrest Builders
owner.
This subdivision has been ap•
proved by the Planning and Zon•
ing Commission.
Respectfully submitted,
Dubuque Planning & Zoning
Commission
By Owen D. Riley,
Acting-Secretary
Councilman Freund moved that
the communication be received
and filed. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
RESOLUTION N0. 193.58
Resolution Approving Plat of
Block 1 and Block 2 in Rolling
Ridge Subdivision in the City of
Dubuque, Iowa.
Whereas there has been filed
with the City Clerk a plat in which
Lot i of Molo & 5chrup Place No.
3 in Dubuque Township, Dubuque
County, Iowa, now in the City of
Dubuque, Iowa, is platted as Lots
1, 2, 3, 4, 5, 6, 7, 8, 9 and 10,
Block 1, Rolling Ridge Subdivision
in the City of Dubuque, Iowa, and
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10
Block 2, Rolling Ridge 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,
WtmttEAS said plat has been
examined by the City Council and
they find the game conforms to
the Statutes and Ordinances relat-
ing 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 17th day of September A..D,
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 Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
By the adoption of Resolution
No. 148.56 the City of Dubuque
approved the Subdivision of
Blocks 4, 5, 6 and 7 in Sunny View
Hills Subdivision in the City of
Dubuque, providing the dedicator
executed a bond guaranteeing the
construction of streets and sewers
therein.
It subsequently developed that
the location of the easterly termi-
nus of Primrose Street, as the
same appeared upon said plat, was
not the most suitable arrange-
ment, and said street and the sew-
er therein were constructed on
the ground in a different location,
pursuant to approval of the City
Engineer, the City Manager, and
the City Plan Commission.
In order to provide for this vari-
ance it is necessary to vacate a
portion of this subdivision and re•
subdivide it to conform to the
street and sewer as it has been
constructed.
We herewith submit the follow-
ing for your approval:
1. A writing vacating a portion
of the subdivision, together with
a Resolution approving the
same;
~,
V
I~~
I
t'
i
€I
412 Special Session, September 17, 1958
2. A Quit Claim Deed to Lot 2
of Lot 3 of Block 6 of Sunny
View Hills from the present
owners thereof to the City of
Dubuque, far the purpose of
relocating Primrose Street;
3. A new plat of the vacated
area to be known as Sunny View
Hills No. 2,, together with a Res-
olution approving the same. This
latter plat has been approved
by the City Plan Commission.
Respectfully,
Homer V. Butt
Dated: Sept. 17, 1958.
Mayor Welu moved that the
communication be received and
filed. Seconded by Councilman
Freund. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
RESOLUTION NO. 194.58
Whereas Homer V. Butt and
Verna W. Butt, as the owners and
proprietors of the hereinafter de-
scribed portion of Sunny View
Hills Subdivision in the City of
Dubuque, Dubuque County, Iowa,
have proposed to vacate said por-
tion thereof and resubdivide said
vacated portion into a new Subdi-
vision to be known as Sunny View
Hills No. 2 Subdivision; and
Whereas a plat of such new Sub•
division has been examined by the
City Plan Commission and has had
its approval endorsed thereon; and
Whereas the dedicators of Sunny
View Hills Subdivision have un-
dertaken to construct streets and
sewers therein;
NOW THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque:
Section 1. That the City of Du-
buque hereby consents to the va-
cation of the following described
portion of Sunny View Hills Sub-
division, to-wit:
Lots 1 and 2 in Block 6; Lots 6,
7, 8 and 9 in Block 7; the por-
tion of Primrose Street lying
southeasterly of a line extend-
ing from the southwest corner
of Lot 2 in Block 6 to the north-
east corner of Lot 5 in Block 7;
all in Sunny View Hills Subdi-
vision in the City of Dubuque,
Dubuque County, Iowa;
Section 2. That the Mayor and
City Clerk are hereby authorized
and directed to endorse the ap•
proval of the City of Dubuque up-
on said vacation;
Section 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, adopted and approved
this 17th day of September A. D.
1958.
CLARENCE P. WELD
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARDS A, KINTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Schueller moved the
adoption of the resolution. Second-
ed by Councilman Takos. Carried
by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
VACATION
of
A Part of Sunny View Hiiis Sub-
division in the City of Dubuque
KNOW ALL MEN BY THESE
PRESENTS: That Homer V. Butt
and Verna Warren Butt, as own-
ers and proprietors of the follow-
ing described real estate do here-
by vacate the portion of Sunny
View Hills Subdivision, in the City
of Dubuque, Iowa, described as
follows;
Lots 1 and 2 in Block 6; Lots
6, 7, 8 and 9 in Block 7; the
portion of Primrose Street ly
ing southeasterly of a line ex-
tending from the southwest cor-
ner of Lot 2 in Block 6 to the
northeast corner of Lot 5 in
Block 7; ail in Sunny View Hills
Subdivision in the City of Du-
buque, Dubuque County, Iowa.
Dated this 17th day of Septem-
ber, A, D. 1958.
HOMER V. BUTT
VERNA WARREN BUTT
STATE OF IOWA
DUBUQUE COUNTY ~'
On this 17th day of September,
A.D, i958, before me, the under-
signed, aNotary Public in and for
Special Session, September 17,1958 413
said County, in said State, person-
ally appeared Homer V. Butt and
Verna Warren Butt, to me known
to be the identical persons named
in and who executed the foregoing
instrument, to which this is at-
tached, and acknowledged that
they executed the same as their
voluntary act and deed.
JESSIE RUFF
Notary Public,
Dubuque County, Iowa
The foregoing Vacation is here-
by approved pursuant to authority
of Resolution No. 19458 of the
City Council of the City of Du-
buque, Iowa.
Dated September 17, 1958.
CLARENCE P. WELU
Mayor
LEO F. FROMMELT
City Clerk
RESOLUTION NO. 145.58
Whereas, there has been filed
with the City Clerk a plat in which
the vacated portion of Sunny View
Hills Subdivision formerly de-
scribed as,
Lots 1 and 2 in Block 6; Lots
6, 7, 8 and 9 in Block 7; the por-
tion of Primrose Street lying
southeasterly of a line extend-
ing from the southwest corner
of Lot 2 in Block 6 to the north-
east corner of Lot 5 in Block 7;
all in Sunny View Hills Sub-
division in the City of Dubuque,
Dubuque County, Iowa, is plat-
ted as "Sunny View Hills No,
2 Subdivision in the City of
Dubuque, Dubuque County,
Iowa; and
Whereas said plat has been ex-
amined by the City Plan Commis-
sion and has had its approval en-
dorsed thereon; and
Whereas upon said plat appears
a street to be known as Primrose
Street and eertain easements for
public utilities which the owners
have upon said plat dedicated to
the public forever; and
Whereas said plat has been ex-
amined by the City Council and
they find that the same conforms
to the Statutes and ordinances re-
lating thereto and that all neces-
sary public improvements have
been installed;
NOW THEREFORE, Be It Re-
solved by the City Council of the
City of Dubuque, Iowa:
Section 1. That the dedication
of Primrose Street and the ease-
ments for public utilities upon the
plat of Sunny View Hills No. 2 Sub-
division be and the same are here-
by accepted for the purpose for
which they are dedicated;
Section 2. That Lot 2 of Lot 3
of Block B in Sunny View Hills
Subdivision, be and the same is
hereby established as a public
street, to be known as a portion
of Primrose Street;
Section 3. That the plat of the
first above described real estate
in the City of Dubuque, Dubuque
County, Iowa, which will hereafter
be known as Sunny View Hills
No. 2 Subdivision, containing Lots
1, 2, and 3, is hereby approved
and the Mayor and CIerk are here-
by authorized and directed to
endorse the approval of the City
of Dubuque upon said plat.
Passed, adapted and approved
this 17th day of September, A.D.
1958.
CLARENCE P. WELU
Mayor
GEORGE A. rnnJND
LEO N.SCHUELLER
CHARLES A. KINTZINGER
PETER J. TAKO5
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, Ta-
kos.
Nays-None.
September 17, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Planning and Zoning Com-
rnission bas for some time been
aware of the growing tendency
toward development of land for
residential and allied uses to the
west and north of the present city
limits. Generally sash development
has been limited to land along the
existing county roads and only to
_ _ _ _ _ ---T ~ r
414 Special Session, September 17,1958
a lesser degree on intermediate
compact areas between those
roads.
The land of these areas is well
adapted, generally, to dwelling
construction.
The present principal radial
thoroughfares centering on the
City of Dubuque are well situated
for provision of direct and con-
venient access to and from the
City.
The growing spread of resi-
dential construction in these areas
outward from the City calls for
more specific guidance and con-
trol in the development of land
for urban uses, in the interest of
public health, safety, convenience
and the general welfare.
In view of the continuing rapid
population growth of Dubuque in
the past six or seven years, and
the rapid absorption of vacant
areas and lots within the City,
almost to the point of exhaustion
of supply, the consequent needs
and desires of many people to
such home sites in the periphial
land about the City, the Commis-
sion is engaged in extending the
Master Plan of Dubuque outward
into adjacent territory.
The purpose of the extension of
the Master Plan is two-fold:
(a) To promote the
progressive expansion
tial development in
period and,
urban development be extended
progressively outward in well co-
ordinated bands about the City.
By this procedure residents may
be served more fully and economi-
cally.
Planning must always be in ad-
vance of actual need, in the pro-
vision of traffic circulation by
streets and roads, in public utili-
ties, schools, recreation and the ul=
timate public protective services,
in order that the basic conditions
are available for public authority
and private enterprises to corre-
late the construction programs for
maximum benefits to the .public.
Many normal problems in expan-
sion are minimized if the areas for
expansion are under the jurisdic-
tion of the public authority which
will, in the normal course of ur•
banization, be called upon to sup-
ply the services.
For these reasons the Planning
and Zoning Commission favors an-
nexation to the City of areas to
the west and north of the present
city limits designed to serve the
growing population of the City of
Dubuque.
A description of the areas con-
sidered desirable in such annexa-
tion at the present time is indi-
cated in documents related to the
general procedures required by
law.
orderly and Respectfully submitted,
of residen- Planning & Zoning Commission
the current by Irvin A, Oeth, Chairman
(b) To provide for the long term
growth of such areas supplied with
all the facilities and conveniences
that are necessary in an urban
area.
It is obvious that the lineal
frontage on existing highways, to
the distance from the City that
would be practical and convenient
for people to drive daily to and
from work, is limited, and would
not be enough to supply the de-
mand for additional dwellings.
Likewise, it must be obvious that
urbanization of lineal strips is un-
economic in the justification for
supplying the types of public serv-
ices and facilities which are part
and parcel of urban living. For this
reason it is in the interest of the
future citizens of the City that
Councilman Freund moved that
the communication be received
and filed. Seconded by Councilman
Takos. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta-
kos.
Nays-None.
September 17, 1958
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
During the past year studies
have been made on the future
growth of the City and the areas
in which this growth wouhi take
place. The studies show that the
area west of the existing city lim-
its would be the direction of
Special Session, September 17, 1958 415
growth because the topography is
suitable for residential develop-
ment and utilities could be extend-
ed.
The Planning and Zoning Com-
mission has studied the areas of
expansion and have recommended
that consideration be given to an-
nexing unincorporated territory
adjoining the City to the west of
the existing limits.
Annexation of adjoining land to
the City is proposed so that plan-
ning for subdivisions fits into the
city master plan, that orderly de-
velopment can be planned, that
proper zoning can be in effect to
eliminate the undesirable usuage
of land and also to develop the
master plan for the annexed area
to include future school, recrea-
tion park sites and business areas.
The areas considered for annexa-
tion include that directly west of
the existing limits and a small
area north including Linehan Park
Addition along Central Avenue
and extending east to include
Sheridan Road.
I recommend that the City Coun-
cil approve the resolution author-
izing an election to vote on the
annexation of the following area
and as shown on the attached map:
West 1/z of the Northeast '/a of
the Southwest '/a of Section 15.
Northwest '/a of the Southwest '/a
of Section 15. West ~ of the
Southeast '/a of the Southwest '/a
of Section 15. Southwest '/a of the
Southwest '/a of Section 15.
east '/a of Section it to a point
182 feet westerly of the center line
of Central Avenue thence south-
easterly along a line parallel to
and 182 feet westerly of the cen-
ter line of Central Avenue to the
South line of the Southeast ~/a of
the Southeast ~a of Section 11,
thence easterly along the South
line of the Southeast '/a of the
Southeast '/a of Section 11 to the
Southeast corner of the South•
east '/a of the Southeast '/a of Sec-
tion 11, thence North along the
East line of the Southeast '/a of
the Southeast '/a of Section 11 to
the Northeast corner of the South-
east '/4 of the Southeast '/a of
Section 11 to the point of begin-
ning.
All of the above is in Township
89 North, Range 2 East of the 5th
Principal Meridian of Dubuque
Township of Dubuque County,
State of Iowa.
Respectfully submitted,
L, J. SCHILTZ,
City Manager
Mayor Welu moved that the rec-
ommendation of the City Manager
be approved. Seconded by Council-
man Schueller. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller, Ta•
kos.
Nays-None.
South ~ of Section 16.
Section 21.
West 33 feet of the Northwest'/a
of the Northwest '/a of Section 22.
Section 28.
All of Section 27 that is not pres-
ently included within the corpo-
rate limits of the City of Dubuque.
South iii of the Southwest ~/a of
Section 12.
All of that area encompassed by
a line commencing at the North-
east corner of the Southeast r/a of
the Southeast '/a of Section 11,
Township 89 North, Range 2 East
of the 5th Principal Meridian,
thence westerly along the North
line of the South '~ of the South-
~~~
416 Special Session, September 17, 1956
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Special Session, September 17, 1958 417
RESOLUTION N0.19b,56
Submitting to the voters of Du-
buque at the General Election to
be held on November 4, 1958 the
proposition to annex the territory
described as follows and become a
part of the City of Dubuque:
West 'h of the Northeast '/a of
the Southwest '/a of Section 15;
Northwest ~!a of the Southwest '/a
of Section 15; West ~ of the South-
east '/i of the Southwest '/a of
Section 15; Southwest '/a of the
Southwest '/a of Section 15; South
~ of Section 16; Section 21; West
33 feet of the Northwest ~ of
the Northwest '~ of Section 22;
Section 28; All of Section 27 that
is not presently included within the
corporate limits of the City of
Dubuque; South '/a of the South-
west '/a of Section 12; All of that
area encompassed by a line com-
mencing at the Northeast corner
of the Southeast '/a of the South-
east'/a of Section il, Township 89
North, Range 2 East of the 5th
Principal Meridian thence westerly
along the North line of the South
~ of the Southeast '/a of Section
11 to a point 182 feet westerly
of the center line of Central Av-
enue thence southeasterly along
a line parallel to and 182 feet west-
erly of the center line of Central
Avenue to the South line of the
Southeast '/a of the Southeast '/a
of Section 11, thence easterly along
the south line of the Southeast '/a
of the Southeast'/a of Section 11 to
the Southeast corner of the South•
east '/a of the Southeast '/a of Sec-
tion 11, thence North along the
East Line of the Southeast '/a of
the Southeast '/a of Section 11 to
the northeast corner of the
Southeast ~/a of the Southeast'/a to
the point of beginning, All of the
above is in Township 89 North
Range 2 East of the 5th Principal
Meridian of Dubuque Township of
Dubuque County, State of Iowa,
presented and read.
Councilman Freund moved the
approval of the resolution and or-
dered same to be placed on file for
final action. Seconded by Council-
man Kintzinger. Carried by the fol-
lowing vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0. 197.58
Whereas, on the 17th day of Sep-
tember, 1958 Resolution No. 196-
58, for the annexation of certain
unincorporated territory described
in said Resolution, was introduced
and proposed to the City Council;
and
Whereas, in accordance with the
provisions of law, before any such
Resolution may be adopted, a pub-
lic hearing, pursuant to public not•
ice, must be held thereon;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DU$UQUE:
Section 1. That the City Council
meet on the 1st day of October,
1958 at 7:30 o'clock P,M. at the
City Council Chambers in the City
Hall in the City of Dubuque, Iowa,
to consider said Resolution No.196-
58, and to hear all objectors and
proponents for such annexation;
Section 2. That the City Clerk
be and he is hereby authorized and
directed to publish notice of such
meeting once each week for two
consecutive weeks in the Telegraph
Herald newspaper, in the manner
provided by Section 618,14 of the
1958 Code of Iowa;
Section 3. That said Resolution
No. 196-58 be placed on file with
the City Clerk for public inspection
until the time of such meeting.
Passed, adopted and approved
this 17th day of September, A. D.
1958,
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A, KINTZINGER
PETER J. TAKO5,
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
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.
~'''~
418 Special Session, September 17, 1958
RESOLUTION N0. 198.56
BE 1T RESOLVED by the City
Council of the City of Dubuque
that the following having complied
with the provisions of law relating
to the sale of cigarettes within
the City of Dubuque, be granted
a permit to sell cigarettes and
cigarette papers within said City.
Name Address
Leo A. Schwind Post No. 508, (Ef-
fective 10/1/58) Veterans of
Foreign Wars, 2327 Central Av-
enue
Mrs. LaVerna L. Barker, (Effective
10/1/58) 678 Central Avenue
Cyril N. Meitl, (Effective 10/1/58)
1555 Central Avenue
Wartburg Seminary Snack Bar (Ef-
fective 10/1/58) 333 Wartburg
Place
George and Helen Lanser, Cfrans-
fer of address from 2108 Central
Avenue) 2595 Rhomberg Avenue
BE IT FURi'nnn RESOLVED
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 17th day of September, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KINTZINGER
1•nrnR 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.
RESOLUTION N0.199.58
wtirnEAS, 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
Neme Address
Cyril N. Meit1,1555 Central Avenue
Mrs. Rita B. Love, 802 Iowa Street
Robert M, Smith, 1563 Central Av-
enue
Mrs. Mary W. Nacos, 720 Iowa
Street
Mrs. LaVerna L, Barker, 678 Cen-
tral Avenue
George J, Zillig, 342 Eighth Av-
enue
George and Helen Lanser, (Trans-
fer of address from 2108 Central
Avenue) 2595 Rhomberg Avenue
CLASS "B" PERMIT FOR
PRIVATE CLUB
Leo A. Schwind Post No. 508, Vet-
erans of Foreign Wars, 2327 Cen.
tral Avenue
CLASS "C" PERMIT
Merlin Apel, 1195 Dodge Street
Passed, adopted and approved
this 17th day of September, 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 resolution. Second-
ed by Councilman Schueller. Car•
ried by the following vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
RESOLUTION N0. 200,58
WHEREAS, heretofore applica-
tions for Beer Permits were filed
by the within named applicants
and they have received the approv-
al of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply
with the ordinances of this City
and they have filed proper bonds:
NOW, THEREFORE,
BE 1T RESOLVED by the City
Council of the City of Dubuque
that the Manager be and he is di-
rected to issue to the following
named applicants a Beer Permit.
Special Session, September 17, 1958 419
CLASS "B" PERMIT Approved ................................1958
Name Address
Cyril N. Meitl, 1555 Central Ave-
nue
Mrs. Rita B. Love, 802 Icwa Street
Robert M. Smith, 1563 Central Av-
enue
Mrs. Mary W. Nacos, 720 Iowa
Street
Mrs. LaVerna L. Barker, 678 Cen-
tral Avenue
George J. Zillig, 342 Eighth Aw
enue
George and Helen Lanser, (Trans•
fer of address from 2108 Central
Avenue), 2595 Rhomberg Ave•
enue
Adopted ..................................1958
Councilmen ..................................
......................................
CLASS "B" PERMIT FOR Attest ......................................
PRIVATE CLUB """""
Leo A. Schwind Post No. 508, Vet- City Clerk
Brans of Foreign Wars, 2327 Cen-
tral Avenue
CLASS "C" PERMIT
Merlin Apel, 1195 Dodge 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 17th day of September, 1958.
CLARENCE P. WELU,
Mayor
GEORGE A. FREUND
LEO N. SCHUELLER
CHARLES A. KLVTZINGER
PETER J. TAKOS
Councilmen
Attest: LEO F. FROMMELT,
City Clerk
Councilman Kintzinger moved
the adoption of the resolution. Sec-
onded by Councilman Takos. Car-
ried by the following 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
Schueller. Carried by the following
vote:
Yeas-Mayor Welu, Councilmen
Freund, Kintzinger, Schueller,
Takos.
Nays-None.
LEO F. FROMMELT,
City Clerk .