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1957 May Council ProceedingsT Regular Session, OFFICIAL Regular Session May 6, 1957. Council met at 7:30 P.M. Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Dove stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting: May 1, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen; The petition of Cletus Palm and others requesting the installation of a street light at the corner of Lorimer and Levi Streets was re- ferred to the City Manager for in- vestigation and report. It is recommended that a street light be installed at the corner of Lorimer and Levi Streets and also a light on Lorimer Street at the alley south of Levi. Respectfully submitted, L, J. SCHH,TZ, City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 1,1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Lorenz Heying and others requesting the com- pletion of a storm sewer between Edina and the northerly end of the platted portion of Glen Oak was referred to the City Council to view the grounds, Upon viewing the grounds it was the decision of the Council that if the property owners pay the cost of installing the storm sewer on private property, the City would install the sewer in the street and furnish all of the pipe, May 6, 1957 175 This cost to the property owners would not exceed $1,000.00. I recommend that the decision of the City Council be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. April 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Mary F, Brandt and George Brandt and also that of Mary Hier asking for suspension of taxes for the year 1956 and ap• proved by the Board of Supervis- ors, was referred to the City Man- ager. Upon investigation I find that both of these applications have been approved in the past under the same conditions as are repre- sented. Irecommend that they be approved for the 1956 taxes. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 1, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The terms of J. H. Schiltz and Owen Riley as members of the Planning and Zoning Commission expire on May 24th. There is also a vacancy caused by the resigna• tian of Fred Bissell. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that Mr. J. H. Schiltz and Mr. Owen Riley be re-appointed to a five year term to May 24, 1962, and Mr. Ray G, Bergquist be appointed 176 regular Session, May 8, 1957 to fill the unexpired term of Fred C. Bissell to May 24, 1958. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. April 25, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasur- er, City Health Department and City Water Works for the month of March, as well as list of claims and list of payrolls for which war- rants were issued for the month of March, 1957. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Welu moved that the reports be received and filed, Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Proof of Publication, certified to by the Publisher, of statement of Receipts and list of claims for which warrants were drawn during the month of March 1957, present- ed and read, Councilman Kolb moved that ,the proof of publica- tion be received and filed. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 1, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Mulgrew Blacktop Incorporated has assigned their contracts for surfacing streets and parking lots in the sum of $95,943,89 to the Du• buque Bank and Trust Company. I am attaching a copy of the as- signment so that it may be ap• proved and made a matter of rec- ord by the City Council, Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the assignment be made a matter of record. Seconded by Councilman Welu, Carried by the following vote; Yeas-Mayor. Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ASSIGNMENT To Dubuque Bank and Trust. Company, Dubuque, Iowa Whereas, the undersigned has. been the successful bidder and has been awarded two improvement contracts to surface certain streets or portions thereof, by the City of Dubuque, Iowa, said contracts be- ing dated 14larch 26, 1957, and to- taling approximately $95,943,98. Whereas, the Dubuque Bank and Trust Company has made a com• mitment to the undersigned to advance the sum of money not to exceed $65,000.00 at 6% interest, to be used to help carry on the above mentioned contracts-said money to be advanced as needed, and to be due after completion and acceptance of the jobs by the Du- buque, Iowa, City Council and payment by the City Treasurer. Now, Therefore, for value re- ceived and for the purpose of se- curing payment at maturity of the principal and interest of said in• debtedness, and of any extension or renewal of the same, and to secure as well all other indebted- ness, now or hereafter owing from the undersigned to said bank, the undersigned hereby sets aside, as- signs, and transfers to said bank, two certain improvement contracts with the City of Dubuque, Iowa, dated March 26, 1957, for approxi- mately $95,943.98 for surfacing certain streets with Hat Mix-Hot Laid Asphaltic Concrete, hereinaf• ter described in detail; and for surfacing certain streets and cer- tain Municipal Parking Lots with Bituminous Concrete, hereinafter described in detail; together with the right to sue for, collect, re- ceive and receipt for the several sums represented by said improve- ment contracts, and to apply the proceeds thereof upon said indebt- edness, which contracts are hereby warranted to be valid, subsisting and collectible, contracts are at- }i l tached hereto and made a part hereof. Dated at Dubuque, Iowa, this 1st day of May, 1957. MULGREW BLACKTOP, INC. Thomas J. Mulgrew President Robert J, Mulgrew Secretary ivlay 6, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap- proved the following bands and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor; SIDEWALK Edward W, Kirchberg, The West- ern Casualty and Surety Co. Thomas E. Byrne, American Sure- ty Company of New York Richard Anthony, U, S. Fidelity and Guaranty Co. Leo J, Schmitt, Western Surety Company Willy Construction Company, The Fidelity and Casualty Co, of N. Y, Thos. Flynn Coal Company, Stand- ard Accident Ins, Company Cyril Hanten, Western Surety Company HEATING F. W. Hanselmann, American Cas- ualty Company Bessie Rafoth, The Fidelity and Casualty Company Loras Beadle, Western Surety Company EXCAVATION Thomas Flynn Coal Company, Flynn Oil Co., Thomas L, Flynn & Thomas M, Flynn D/B/A Flynn Ready lylix Concrete Com- pany, Standard Accident Insur- ance Company Beversdorf Excavating and Wreck- ing Co,, Iowa Mutual Insurance Company Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the bands and policies be placed on file subject to the approval of Regular Session, May 6, 1957 177 the City Solicitor. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Glenn E, Car- ris offering to pay $2000 for: va- cated Mills street from Bunker Hill to Montana street, presented and read. Councilman Welu moved that the Clerk be instructed to ad- vertise for sealed bids and publish notice of public hearing to be held on June 3, 1957, in the Council Chamber at the City Hall, at 7;30 o'clock P, M. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Iowa State Highway Commission, notifying the Council of the completion of the sanitary sewer, lift station and force main at the intersection of Grandview and Rowan streets, as per agreement as passed by res- olution in regard to the improve- ment of U. S. Highways. No. 61 and No. 151 within the City, re- questing the City to accept the work and relieve the Highway Commission and the contractor of any further responsibility, pre- sented and read. Councilman Welu moved that the work be acccepted upon the recommendation of the City Manager. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Iowa State Department of Health, issuing per- mit No. 57-63.5 for the construc- tion of an eight inch sanitary sew- er in Dirksen Addition, subject to . certain conditions, presented and read, Councilman Welu moved that the communication- be re- ceived and filed. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of A. J. Kisting inquiring as to what relief he 178 Regular Session, May 6, 1957 could secure to obtain free and unobstructed ingress and egress to his garage, as he is experienc- ing difficulty in getting in and out, due to the parking of cars and several other obstructions, present- ed and read. Councilman Welu moved that the complaint be re- ferred to the City Manager far investigation and report, Second- ed by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Dr. S. Tabak, congratulating the Council on the installation of trash receptacles, and inquiring as to the cast of same and further inquiring as to why the City would purchase same when they were offered to be do- nated by the Lion's Club about a year ago, presented and read, Councilman Welu moved that the communication be received and filed. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Proof of Publication, certified to by the Publisher, of notice of hearing on Manager's report and recommendation relative to the condition of the building at 610- 612 University avenue, being Lot 1 of Beadle Place, owned by George E. & Anna Duscher, pre- sented and read. Councilman Kolb moved that the proof of publica- tion be received and filed. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Copies of official notices and service made thereof to George E, & Anna Duscher of hearing set down by the Council for May 6, 1957, relative to the condition of the building owned by them lo- cated at 610.612 University ave- nue, presented and read. Council- man Welu moved that the notices be received and filed. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, The City Manager called on vari- ous department heads to report their findings when they made in- spection of the building owned by George E. & Anna Duscher at 610- 612 University avenue. Mr. Arthur Miller, health Inspector reported that he had been inspecting the premises since 1954, and found sewers blocked up, plumbing fix- tures were defective, and garbage was kept in open containers. Mr. Donald Bandy, Building Commis• sinner reported that the property had been gradually getting worse since Mr. Duscher purchased the building from Mr. Beadle. The building is a definite hazard to all those living in it. Mr. L, Nor- ton, Electrical Inspector, stated that the wiring in the building is in a deplorable condition and gen• erally classed as hazardous. Lieu- tenant Brus of the fire Department reported finding partitions of card- board construction, chimneys in bad shape and if a fire would start it would spread fast. Councilman Kintzinger moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Mr, George Duscher addressed the Council stating that all defects in the building that were called to his attention had been remedied and read a letter from a tenant living in the building stating that they were satisfied living there. Fire Chief Hickson stated that the building is absolutely a fire trap and unfit for human habita- tion, Councilman Kolb moved that the Council view the grounds, to- gether with the inspectors from the various departments of the City and also Mr. George Duscher. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Mrs. Elza Adams of 1649 Hick- son street addressed the Council requesting a change in the street lighting of the area, Councilman Welu moved that the request be referred to the City Manager for f t i f Regular Session, May 6, 1957 179 investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 2, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have investigated the claim of Dorothy Cady, 720 Cottage Place, for damages sustained in a fall on Bunker Hill Road June 27th, 1956 and have discussed the same with the attorneys for claimant and the abutting property owner. The claimant, through her fa- ther Albert Cady, has agreed to accept one thousand dollars in full settlement, of which the abut- ting property owner has agreed to pay five hundred dollars and the City has agreed to pay five hun- dred dollars. I recommend that this settle- ment be approved and that the Auditor be instructed to issue a warrant payable to Albert Cady, Guardian of Dorothy Gady, and Michael Stapleton, his attorney, in the amount of five hundred dol- lars and deliver the same to this office for delivery upon receipt of proper releases. Respectfully submitted, T. H. NELSON Councilman Welu moved that the recommendation of the City Solicitor be approved and the Au- ditor instructed to draw a warrant payable to Albert Cady, Guardian of Dorothy Cady and Michael Sta- pleton, his attorney in the amount of $500 and deliver the same upon receipt of the properly executed releases in full settlement of the claim. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. April 17, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen; I have investigated the claim of John H. Boet, 2219 Washington street for damages to his trousers in the amount of seven dollars, arising out of a defective walk and recommend that the claim be al- lowed and the Auditor instructed to issue a warrant payable to John H. Boet in the amount of $7,00 and deliver the same upon receipt of a properly executed release, Sincerely, T, H, NELSON Councilman Welu moved that the recommendation of the City Solicitor be approved and the Au- ditor instructed to draw a warrant payable to John H, Boet, in the amount of $7.00, and deliver the same upon receipt of a properly executed release, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 2, 1957 Hon, Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have investigated the claim of Charles Pfeiffer Jr., 3245 Shiras Street, in the amount of $19,04 for damages sustained to his automo- bile when he struck a hole. in the alley at the rear of 2954 Brunswick Street April 5, 1957, and as a re- sult of the investigation I recom- mend that the claim be allowed and the Auditor instructed to issue a warrant payable to Charles Pfeif- fer, Jr., in the amount of $19.04 and deliver the same upon receipt of a properly executed release. Respectfully submitted, T. H. NELSON Councilman Welu moved that the recommcndation of the City Solicitor be approved and the Au- ditor instructed to draw a war- rant, payable to Charles Pfeiffer Jr., in the amount of $19.04, and deliver the same upon receipt of a properly executed release. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Notice of claim of Herbert F. Butters of 1170 Race street, in the amount of $117.50, for personal injuries received in a fall at the intersection of 8th street and Uni- versity on November 26, 1956, pre- j.,. ~_ 180 Regular Session, May 6, 1957 sented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Will Collins Sr, of 2120 Grace street, in the amount of $16,40, for expenses in- curred as the result of a sewer backing up on March 16, 1957, presented and read. Councilman Welu moved that the claim be re- ferred to the City Solicitor for investigation and report, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Notice of claim of John R. Dela- ney of 3197 Windsor Avenue, in the amount of $5000 for personal injuries received as the result of a fall on any icy sidewalk and or curb at 9th & Iowa streets, on January 31, 1957, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Notice of claim of Melvin G. Matz of 2042 Deborah Drive, in the amount of $200 for damage to his property as the result of ~vater backing up ,and overflowing the street on to his property, on April 28, 1957, presented and read. Coun- cilman Welu moved that the claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Kalb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Charles L. Coffey of 2050 Deborah Drive, in the amount of $258 for damage to his property as the result of wa- ter backing up and overflowing the street on to his property on April 25th and 26th, 1957, present- ed and read, Councilman Welu moved that the claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Kolb, Carried by the fo1- lowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Notice of claim of Kenneth L. Henningsen of 2047 Deborah Drive, in the amount of $50 for damage to his property as the re- sult of water backing up and over- flowing the street on to his prop- erty on April 25, 195?, presented and read. Councilman Welu moved that the claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N®, 38.57 An Ordinance establishing a grade on Lenox Avenue from the East property line of Brown Ave- nue to the intersection of Lenox avenue and Pennsylvania avenue center lines, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Ordinance No, 38.57 An Ordinance establishing a Grade on Lenox Avenue from the East Prop- erty Line of Brown Avenue to the Intersection of Lenox Avenue and Pennsylvania Avenue center lines. Be It Ordained By The City Council of the City Of Dubuque; Section 1. That a grade on Lenox Avenue from the East Property Line of Brown Avenue to the Intersection of Lenox Avenue and Pennsylvania Avenue center lines, be and the same is hereby established and adopted as shown by a profile of said street and grade prepared by the City Engineer, profile number 1463, Bench Mark: Point of Arrow on Fire Hydrant on the Northeast corner of McPoland and Lenox Avenue, Elevation 786.20. Said grade begins at the existing curb at the east property line of Brown Avenue which is station 0 minus 200, South curb elevation 786.80; thence to station 0 minus 160, south curb T Regular Session, May 6, 1957 1$1 elevation 784,28; thence to station 0 minus 110, south curb elevation 782.06; thence to station 0 minus 60, south curb elevation 777.62; thence to station 0 minus 25, south curb ele- vation 773.95; thence to station D}00, north and south curb elevation 771.50; which is the west property line of Fairfax Avenue; thence to station 0-{-75 north and south curb elevation 766.34; thence to station 1}75, north and south curb elevation 763.00; thence to station 3}40, north and south curb elevation 762.D0; thence to sta- tion 6}85, north and south curb ele- vation 764,07; thence to station 7+85, north and south curb elevation 765,65; thence to station 885, north and south curb elevation 69.20; thence to station 12}00, north and south curb elevation 783.47; thence to station 13}00, north and south curb elevation 787,77; thence to station 14}OQ north and south curb elevation 791.61; thence to station 19}36, north and south curb elevation 810.89; thence to station 20}36, north and south curb elevation 816.78; thence to sta- tion 21}35, north and south curb elevation 823.24; thence to station 22}85; north and south curb elevation 836.25; thence to station 23}85, north and south curb elevation 844.69; thence to station 24}86, north and south curb elevation 852.23; thence to sta- tion 26}21.95, north and south curb elevation 862.00; which is the inter- section of Lenox Ave. and Pennsyl- vania Avenue center lines. Section 2. This ordinance ehall be in full force and effect immediate]y upon its final passage and adoption and publication as provided by law, Passed, adopted and approved this 6th day of May, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER, Councilmen Attest: Leo F. Frommelt, City Clark. Published officially in the Tele- graph-Herald Newspaper this 10th day of May, 1957, LEO F. FROMMELT, 1t. 5/10 City Clerk Councilman Welu moved that the Ordinance be adopted, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May i, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching a proposed ordi- nance that will regulate the dis• posal of sewage and wastes into the public sewers of the City of Dubuque. I recommend that after consid- ering this ordinance the City Coun- cil act favorably upon it as it re- stricts the discharge of objection- able materials into our sanitary and storm sewer system. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kalb moved that the recommendation of the City Man- ager be approved, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 39.57 An Ordinance regulating the dis- posal of sewage and Wastes into Public Sewers of the City of Du- buque, and Providing Penalties for the Violation Thereof, present- ed and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun• Gilman Kolb. Carried by the fol- lowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. ORDINANCE N0. 39.57 An Ordinance Regulating the Dis- posal of Sewage and VPastes Into Public Sewers of the City of Du- buque, and Providing Penalties for the Violation Thereof. Be It Ordained by the City Council of the City of Dubuque, Iowa, that Section 1. It shall be unlawful for any person to place or deposit or cause to be deposited into any sewer under the jurisdiction of said City any sanitary sewage, industrial waste or other polluted waters except in accordance with the provisions oP this ordinance. Section 2. The following words and terms as used in this Ordinance shall. be deemed to mean and be construed as follows: Sewer System: Sewer system refers to any and all units of the municipal sewer system, including private sew- ers, lateral sewers, trunk line sewers and interceptor sewers. City Manager: The City Manager refers to the City Manager of City of Dubuque, Contributor: Contributor refers to any person, firm or corporation re- sponsible for the production of de- mestic, commercial or industrial waste which is directly or indirectly dis- charged into the city's sewer system. 182 Regular Session, May 6, 1957 Section 3. Except as hereinafter oro cause to bee discharged onto any public or private sewer any of the following described substances, ma- terials, waters or wastes: (a) Any liquid or vapor having a temperature higher than 160 degrees Fahrenheit (65 degrees Centigrade), except for discharge to a storm sewer. (h) Any gasoline, benzine, naph- tha, fuel oil, mineral oil or other flammable or explosive liquid, solid or gas, except in emergencies under the supervision of the Fire Depart- ment. (c) Any water or wastes contain- ing emulsified oil or grease exceed- ing on analysis an average of 100 parts per million floatable and 600 parts per million dispersed of ether soluble matter. (d) Any water or wastes which contain more than ten parts per mil- lion by weight of the following gases: hydrogen sulphide, sulphur dioxide or nitrous oxide. (e) Any water or wastes that con- tain grease or oil or other substance that will solidify or become discern- ibly fscous at temperatures between 32 degrees to 150 degrees Fahrenheit. (f) Any garbage that has not been properly comminuted or triturated. (g) Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, Paunch manure, hair and fleshings, entrails, lime slurry, lime residues, beer or distillery slops, chemical residues, paint residues, cannery waste, built solids, or any other solid or viscous substance capable of causing obstruc- tion to the flaw in sewers or other interference with the proper operation of the sewage treatment plant. (h) Any water or wastes that con- tain phenols in excess of 0.60 parts per million. (i) Any waters or wastes having corrosive properties capable of caus- ing damage or hazard to structures, equipment or personnel of the sewage treatment plant. Free acids and al- kalis of such wastes must be neu- tralized within a permissible range of pH, between 4.5 and 10.0, (j) Any waters or wastes contain- ing a toxic or poisonous substance or of high chlorine demand in suf- ficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters or the effluent of the Sewage Treatment Plant. Ma- terials such as copper, zinc, chro- mium and similar toxic substances shall be limited to the following av- erage quantities in the sewage as it arrives at the treatment plant and at no time shall the hourly concen- tration at the Sewage Treatment Plant exceed three (3) times the average concentration: Iron as Fe ............15 parts per million Chromium as Cr (Hexavalent) .... 5 parts per million Copper as Cn ...... 3 parts per million Zinc as Zn ............. 2parts per million Chlorine Demand..30 parts per million (k) Any cyanides in excess of two parts per million by weight as CN in the wastes from any outlet into the public sewers. (1) Any water or wastes contain- ing the discharge of acid pickling wastes or concentrated plating solu- tions, whether neutralized or not, which are capable of causing any obstruction, damage or corrosion in the sewers or the Sewage Treatment Plant. (m) Any waters containing sus- pended solids of such character and quantity that unusual provision, at- `ention or expense is required to han- dle such materials at the Sewage Treatment Plant. (n) Any noxious or malodorous gas. or other substance which either singly or by interaction with other wastes is capable of creating a public nui- sance or hazard to life or of pre- venting entry into sewers for their mainteuanca and repair. (o) Any toxic radioactive isotopes having ahalf-life of more than 100 days, (p) Any wastes that fora dura- tion of fifteen minutes have a con. centration greater than five times that of "Normal Sewage" as meas- ured by suspended solids and B.O,D. (q) Any waters, wastes, materials or substances which react with wa- ters or wastes in the sewer system to release noxious gases, develop color of undesirable intensity, form suspended solids in objectionable con- centration or create any other con- dition deleterious to structures and treatment processes. Section 4. The City Manager, ar his duly authorized representative,. shall be entitled to access to the premises of any contributor for the purpose of inspection, observation, measurement, sampling, and testing at any reasonable time to such ex- tent as may be necessary to carry out the spirit and intent of this Or- dinance, and it shall be deemed a part of the agreements on the part of the contributor as a condition to his permission to connect with the City Sewer System that such access be granted, Any person, firm or cor- poration interfering with the.Manager or his authorized representatives in the proper performances of their du- ties under the provisions of this suc- tion shall be guilty of a misdemeanor, Section 5. No statement in this article shall be construed as prevent- ing any special agreement, arrange- ment or contract between the City of Dubuque and any industrial concern whereby an industrial waste of un- usual strength or character may be accepted by the City for treatment subject to the rate and cost as estab- lished by the City Council. Section 6. Any section, subsection, sentence, clause, phrase or portion of this Ordinance may be revised by the City Councn. Section 7. All measurements, tests and analysis of the characteristics of waters and wastes shall be deter- mined in accordance with the current volume "Standard Methods for the Examination of Water and Sewage" as written by the American Public health Association and the Ameri- can Waterworks Association. Section 8. Any contributor shall,. upon request of the City Manager, provide a central collection point to facilitate observation, measurement and sampling of the waters or waste: Such collection points shall be ac- cessible and safely located, and shall be constructed in accordance with plans aPPt'oved by the City Manager. The collection point shall be installed and maintained by the owner at his expense. In the event that no col- lection point is established or re- quired, the nearest down-stream man- hole shall be considered as a collet- tion point for the property which Regular Session, May 6, 1957 183 Section 9. Any person, firm or cor- poration who shall violate any of the is being served. provisions of this Ordinance shall be deemed guilty of a misdemeanor and on conviction hereof shall be subject to a fine of not more than one hun- dred dollars ($100.00) for each of- fense, or imprisonment in the County jail for a term not exceeding thirty (30) days in liou of such fine. Section 10. If any section, sub- section, sentence, clause, phrase, or portion of this Ordinance is for any reason held invalid, or unconstitu- tional by any Court of competent ju- risdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions hereof. This Ordinance shall be in full force and effect from and after its passage and publication as provided by la~v. Passed, adopted and approved this 6th day of May, 1957. CHARLES E. DOVE, Mayor CLARENCE P. WELU RAY F. KOLR LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt, City Clerk Published officially in The Tele- graph-Herald Newspaper this 10th flay of May, 1057. LEO F. FROMMELT, It 5-10 City Clerk Councilman Welu moved the ad- option of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Proof of publication, certified to by the Publisher, of Official No- tice of public hearing on Ordinance No. 27.57, an Ordniance amending the Zoning Ordinance and Zoning Map of the City of Dubuque by changing from two-family residence District Classsification to Local Business District "B" classification the fallowing described property in the City of Dubuque, Iowa, to-wit; "Beginning at a point on the north side of Dodge street and the south- east corner of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67, thence northerly along the easterly line of Lotiof2oflof2ofloflof Mineral Lot 67, a distance of one hundred and fifty feet; thence westerly along a line parallel to the northerly line of Dodge street and one hundred and fifty feet north- erly thereof a distance of one hun• Bred and ninety feet; thence south- erly along a line one hundred and ninety feet westerly of the easterly line of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67 and parallel thereto a distance of 150 feet to the northerly line of Dodge Street; thence easterly along the northerly line of Dodge Street to the south- east corner of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67 which is the point of beginning," pre- sented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following Vote; Yeas-Mayor Dove, Councilmen Ifintzinger, Kolb, Schueller, Welu, Nays-None, No written objections were filed and no objectors present in the Council Chamber at the time set for public hearing, OR®INANCE 27.51 An Ordinance amending Ordi- nance No. 3.34, known as the Zon• ing Ordinance and Zoning Map, Changing the Zoning Classification of Certain herein described Real Estate, presented for Final Adop- tion, ORDINANCE NO. 27.57 An Ordinanco Amending Ordinance No. 3-34, Known as the Zoning Ordinance and Zoning Map, Chang• ing the Zoning Classification of Certain herein described Real Es- tate. Be It Ordained by the City Council of the City of Dubuque, Iowa, as fol- lows: Section I. That Ordinance No. 3-34, known as the Zoning Ordinance and Zoning Map of the City of Dubuque, be and the same is hereby amended by changing from Two-Family Resi- dence District Classification to Local Business District "B" Classification, the following described property in the City of Dubuque, Iowa, to-wit; "Beginning at a point on the north side of Dodge Street and the south- east corner of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 67, thence northerly along the easterly line of Lot 1 o f 2 o f 1 o f 2 o f 1 o f 1 o f Mineral Lot 67 a distance of one hundred and fifty feet; thence wester- ly along a line parallel to the norther- ly line of Dodge Street and one hun- dred and fifty feet northerly thereof a distance of one hundred and ninety feet; thence southerly along a line ono hundred and ninety feet westerly. of the easterly line of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot 07 and parallel thereto a distance of 150 feet to the northerly line of Dodge Street: thence easterly along the northerly line of Dodge Street to the southeast corner of Lot 1 of 2 of 1 of 2 of 1 of 1 of Mineral Lot fi7 which is the paint oY beginning." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 1st daY of Aprit, 1967. 184 Regular Session, May 6, 1957 Rule requiring reading on three separate days suspended by unani- mous vote the tat day of April, 1957. Passed by recorded roll-call vote, adopted and approved this 6th day of May, 1957. CHARLES E, DOVE, Mayor CLARENCE P, WELU RAY F. KOLB T EO N. SCHUELLER CHARLES A. KINTZINGER, Councilmen Attest; Leo F. Frommelt, City Clerlc. Published officially in the Telegraph Herald Newspaper this 10th day of May 1957. LEO F. FROMMELT 1t 5.10 City Clerk Councilman Welu moved the ad- option of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. Petition of Herbert E. Dilworth, requesting the Council to consider vacating that portion of the 20-foot alley directly west of Lot 37 from Marian Street to the northerly lot line of said Lot 37 in Babcock's Ad- dition, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Frank J, Schumacher et al, requesting the opening and grading of the platted alley be- tween Fairway and Sunnyview Drive running from Bunker Hill to St. Ambrose Street, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Carl J. Bisanz et al, requesting rezoning on St. Ambrose Street from Rosedale Avenue to Clarke Drive from single family to two family classification, presented and read. Councilman Welu moved that the petition be referred to the Plan- ning and Zoning Commission for investigation and report. Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Dave, Councilmen I{intzinger, Kolb, Schueller, Welu. Nays-None. Petition of Albert Wharton et al, requesting rezoning from its pres• ent zone, all that area not now zoned as Multiple Family between University Avenue, Wilson Avenue and Hill Street to Multiple family zone, presented and read. Coun- cilman Welu moved that the Peti- tion be referred to the Planning & Zoning Commission for investiga- tion and report. Seconded by Coun- cilman Kintzinger. Carried by the following vote: Yeas-Mayor Bove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Donovan Construc- tion Co,, requesting permission to excavate in the streets and alleys in the City, presented and read. Councilman Welu moved that the request be granted, providing proper band is furnished. Second- ed by Councilman Kintzinger, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of The Dubuque & Wis- consin Bridge Co., requesting per- mission to install a treadle to count the vehicles from each direc- tion and two visible recorders ar• ranged in a dozen different classi• ficatiens at their toll house on the Dubuque Wisconsin bridge, pre- sented and read. Councilman Kolb moved that the petition be granted and the petition be referred to the City Solictior to have proper pro- ceedings drawn. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Y. W. C. A., request- ing permission to excavate for sew- pr and water in the rear of lots -161 and 162 for their new two story building, presented and read: Councilman Welu moved that the petition be granted. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of John M, Schuster et al, requesting the opening of an Regular Session, May 6, 1957 185 alley from Meadow Lane to Stet- more street between St. Joseph .and Marion street, presented and read, Councilman Schueller moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Petition of Al Schroeder et al, requesting .that the alley running approxitately parallel to St, Jo- seph street and Marion street and approximately perpendicular to Meadow Lane and St. Joseph street be not opened for public traffic for several specified reasons, presented and read. Councilman Welu moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Kolb. Carried by the following vote, Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Thomas Welsh, re- questing permission to connect up with City water to a residence on Garnet street, presented and read. Councilman Welu moved that the petition be referred to the City Manager for investigation and re- port, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of J. F, Hall et al, being a group of merchants in the 1800 block on Central Avenue, request- ing better parking condtions in their block as the present restric- tions are not working out satisfac- torily, presented and read. Coun- cilman Welu moved that the pe• tition be referred to the City Man- alter and Police Chief for investi- gation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, Petition of Edward J, Lyons, re- questing arefund in the amount of $50 on Class B beer license No. 76, as he has discontinued business as of May 6, 1957, presented and read, Councilman Kolb moved that the petition be granted and the Auditor instructed to draw a war- rant, payable to Edward J. Lyons in the amount of $50 to cover the unexpired portion of his beer li- cense No. 76. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, Petition of Dallas Bush, request- ing permission to blast at the Dale Wiegand residence at 1333 Kauf- mann avenue, presented and read, Councilman Kalb moved that per- mission be granted providing the City Manager finds that proper coverage is furnished. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of notice of public hearing to consider the pro- posal to dispose of the alley lying in Block 20 of Dubuque Harbor Company's addition, lying between Main street and Salina street from Camp street to Charter street to Crescent Realty Corporation, pre- sented and read. Councilman 6chueller moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. There were no written objea tions filed and no objectors pres- ent in the Council Chamber at the time set for the public hearing. RESOLUYfON N0. 78.57 Whereas Crescent Realty Corpo- ration, as owner of the abutting property, has offered to purchase the vacated alley in Block 20 of Dubuque Harbor Company's Addi- tion for the sum of Six Hundred Dollars ($600); and Whereas there has been pre- pared and submitted for. Council approval a plat of said vacated area assigning the. designation: "Lot A of Block 20 of Dubuque ~Iarbor Company's Addition in the City of Dubuque, Dubuque Coun- ty, Iowa" to said vacated alley; and Whereas the City Council at a public hearing held May 6, 1957 ,' I 186 Regular Session, Nlay 6, 1957 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: Section 1. That the hereinbefore described .plat be and the same is hereby approved and the Mayor and City Clcrk authorized and directed to endorse the approval of the City of Dubuque thereon; Section 2. That the offer of Crescent Realty Corporation in the amount of Six Hundred Dollars for the purchase of the foregoing de- scribed real estate be and the same is hereby accepted and the Mayor and City Clerk be and they are hereby authorized and directed to execute a Quit Claim Deed con- veying all right, title and interest of the City of Dubuque in and to Lot A of Black 20 of Dubuque Har- bor Company's Addition in the City of Dubuque, Dubuque Coun- ty, Iowa, to Crescent Realty Corpo- ration and deliver the same upon receipt of the payment of said sum of Six Hundred Dollars; Section 3. 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, Notice of hearing on the fore- going Resolution published in the Telegraph Herald April 8, 1957 and April 15, 1957. Passed and adopted after public hearing by recorded roll call vote May 6, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELD RAY F. KOLB LEO N. SCHUELLER CHARLES A. KRdTZIlVGER Councilmen Attest: LEO F, FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of notice of pub- lic hearing on Resolution No. 69- ..57 authorizing the conveyance of Lot 1•A of Lot 2 of the Subdivision of Lots 24 and 25 of Stewart Sub- division in the City of Dubuque, being a part of vacated alley be- tween Lot l-A of Lot 35 and Lot 2 of Lots 24 and 25 of Stewart Sub- division to Joseph H. and Mary T. r5'chiltz, having been formerly va- cated by Ordinance No. 7.48, pre- sented and read. Councilman Welu moved that ,the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the 'following vote: Yeas-Mayor Dove, Councilmen .Kintzinger, .Kolb, Schueller, Welu. Nays-None. There were no written objee- tions filed and no objectors pres- ent in the Council Chamber at the time set for the public hearing, RESOLUTION N0. 69.57 Whereas, on March 12, 1948 the City Council of the City of Du- buque adopted Ordinance No. 7.48, vacating the alley between Lot One of Lot 35 of Stewart Subdi- vision and Lot 2 of the Sub, of Lots 24 and 25, and Lots 26 and 27, and granted the same to the owners of the lots on each side thereof, and directed the appli- cants to make a plat of said vacat- ed .area, assigning a lot descrip- tion to each portion of the same, and authorizing the Mayor and Clerk to convey said vacated area to the abutting property owners; and Whereas 14tary T. Schiltz and Joseph H. Schiltz, as .owners of Lot 2 of the Subdivision of Lots 24 and 25 in Stewart Subdivision, have presented to the City Coun- cil aplat assigning a designation of "Lot lA of Lot 2 of the Sub- division of Lots 24 and 25" in said Subdivision and have requested the approval of said plat, and the conveyance to them of said de- scribed area; and Whereas a public hearing, as required by law, has been held on the proposal to dispose of said real estate; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1. That said plat be and the same is hereby approved and the Mayor and City Clerk author- ized and directed to execute a Regular Session, May 6, 1957 187 Quit- Claim Deed conveying all right, title and interest of the City of Dubuque in and to Lot lA of Lot 2 of the Subdivision of Lats 24 .and 25 of Stewart Subdivision in the City of Dubuque, Dubuque County, Iowa, and deliver the same to Mary T. Schiltz and Joseph H, Schiltz, husband .and wife, as joint tenants with right of survivorship and not as tenants in common; Secti®n 2. That the City Clerk be and is hereby directed to re- cord acopy of this Resolution in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 6th day of May, A.D, 1957. Public hearing held, on the fore- going Resolution, pursuant to no- tice published in The Telegraph Herald on April 8, 1957 and April 15, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELD RAY F. KOLB LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Proof of publication, certified to by the Publisher, of notice of public hearing on resolution No. 67.57, authorizing conveyance of Lot A of vacated West Ninth street being the South 20 feet of West Ninth .Street from Bluff street westerly a distance of 230,6 feet, to The Telegraph Herald, present- ed and .read, Councilman Kolb moved that the proof of publica- tion be received and filed, Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, There were no objections filed and no objectors present in the Council Chamber at the time set for public hearing, RESOLUTION N0. 67.57 Whereas The Telegraph Herald, as owner of the abutting property, has offered to purchase the vacat- ed portion of West Ninth Street described as the South 20 feet of West Ninth Street from Bluff Street westerly a distance of 230.6 feet, all in the City of Dubuque; Dubuque County, Iowa, for the sum of Six Thousand Dollars ($6,000); and Whereas The Telegraph Herald has prepared .and submitted for Council approval a plat of said ;area assigning the designation "'Lot "A" of Vacated West Ninth ,Street" thereto, which plat is at- tached to said offer; and Whereas the City Council, at a public hearing held May 6, 1957 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: Section 1, That the foregoing plat be ..and the same is hereby approved and the Mayor and City Clerk authorized and directed to endm~se the approval of the City of Dubuque thereon; Section 2. That the offer of 'The Telegraph Herald in the amount of Six Thousand Dollars ($6,OOD) for the purchase of the foregoing de- scribed real estate be and the same is hereby accepted and the Mayor and City Clerk be and they are hereby authorized and direct- ed to execute a Quit Claim Deed conveying all right, title and in- terest of the City of Dubuque in and to Lot "A" of Vacated West Ninth Street in the City of Du- buque, Dubuque County, Iowa, to The Telegraph Herald and deliver the same upon receipt of the pay- ment of said sum of Six Thousand Dollars; .Section 3, 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, Notice of hearing on the fore- going Resolution published in The Telegraph Herald April 8, 1959 and April 15, 1957, >;. I 188 Regular Session, May 6, 1957 Passed and adopted after public hearing by recorded roll call vote May 6, 1957• CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N•SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution- Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 79.57 Preliminary resolution for the construction of (type and place of improvement) the 1957 Water Main Project No• 1, consisting of a cast iron water main in: Indiana Avenue, Montana Street, Pennsyl- vania Avenue, and Wilbricht Rcad. Whereas, the City Council deems it necessary to institute proceed- ings for the construction of (na- ture of improvement with begin- ning and terminal points) the 1957 Water Main Project No. 1, consist, ing of a cast iron water main in Indiana Avenue from the East Property Line of Alpha Avenue to the West Property Line of Mis- souri Avenue. Montana Street from the South Property Line of Wilbricht Road to the North Property Line of Mer- feld Road, Pennsylvania Avenue from the East Property Line of Earl Drive, West to the City Limits Line. Wilbricht Road from the South Property Line of Asbury Road to the East Property Line of Syl- vester Place. Now Therefore Be It Resolved by the City Council of the City of Dubuque, Iowa; i. That the City Engineer is hereby instructed to prepare pre- liminary plans and specifications, an estimate of total cost, and a plat and schedule for said im- provement and place same on file with the city clerk. 2. That the property to be bene- fitted by said improvement is (gen- eral description of all property in district) all real estate abutting on the above described portions of the above named streets. 3. The estimate of total cost of said improvement herein or- dered shall include an estimate of the cost of engineering, prelimi- nary reports, property valuations, estimates, plans, specifications, no- tices, legal services, acquisition of land, consequential damages or costs, easements, rights of way, construction, (repair) supervision, inspection, testing, notices of pub- lication, interest, and printing and sale of bonds. 4. These proceedings are cov- ered under Chapter 391A of the 1954 Code of Iowa• 5. That said improvement is hereby designated (Short Title) the 1957 Water Main Project No. 1 and may be referred to by such title in all subsequent proceedings. Passed, adopted and approved this 6th day of May,195Z CHARLES E• DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb• Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu. Nays-None. Honorable Mayor and members of the City Council of the City of Dubuque, Iowa. I herewith submit a proposed plat of the 1957 Water Main Proj- ect No. 1 and a proposed schedule of valuations of the lots within the district served by said improve- ment, K. J. CULLEN City Engineer RESOLUTION N0. 80.5 Resolution determining valua- tions of each lot within the pro- posed assessment district for (Short Title) the 1957 Water Main Project No. 1, Be It Resolved by the City Coun- cil of the City of Dubuque; i. That the valuations set out in the attached list are hereby de• ternrjned to be the present fair r Regular Session, May 6, 1957 1$9 market value, with the proposed improvement completed, of each lot within the proposed assess- ment district for (Short Title) the 1957 Water Main Project No. 1. And the City Clerk is hereby directed to report the same to the City Engineer who shall show such valuations on the schedule here- tofore ordered for said improve- ment- Passed, adopted and approved this 6th day of May, 1957• CHARLES E. DOVE Mayor CLARENCE P• WELU RAY F• I{OLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTI0N N0. 81.57 Preliminary approval of plans, specifications, form of contract, plat and schedule, and all other documents for the construction of the 1957 Water Main Project No. 1 consisting of a cast iron water main in: Indiana Avenue from the East Property line of Alpha ave- nue to the west property line of Missouri avenue; Montana street from the south property line of Wilbricht Road to the north prop- erty line of Merfeld Road; Penn- sylvania avenue from the east ;property line of Earl Drive, West to the City Limits line; Wilbricht Road from the south pr°operty line of Asbury Road to the east prop- erty line of Sylvester Place, at an estimated cost of $21,917.15, pre- sented and read. Councilman Welu moved the adoption of the reso- lution, Seconded by Councilman I{olb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 82.57 Resolution of necessity for con- struction of (Short Title) the 1957 Water Main Project No. i, also setting time and place of hearing and prescribing notice for (Short Title) the 1957 Water Main Project No. 1, consisting of a cast iron water main in: Indiana Avenue from the East Property Line of Alpha Avenue to the West Property Line of Mis- souri Avenue. Montana Street from the South Property Line of Wilbricht Road to the North Property Line of Merfeld Road. Pennsylvania Avenue from the East Property Line of Earl Drive, West to the City Limits Line• Wilbricht Road from the South Property Line of Asbury Rcad to the East Property Line of Sylves- ter Place. Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among other things the following: a• An estimated total cost of the work. b. The amount proposed to be assessed against each lot for the improvement for the construction of (description of improvement) the 1957 Water Main Project No. i. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa: 1. That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2• Said improvement shall be constructed and done in accord- ance with said plans and specifi- cations and portion of the total cost of making said improvement shall be assessed against all pri- vately owned property lying with- in the assessment district shown on such plat in an amount not to exceed the. amount provided by Paw and in proportion to the spe-° cial benefits conferred thereby and the remainder of the total cast shall be paid out of the Water Works General fund, 3. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. T 19Q Regular Session, May 6, 1957 4. On the 3rd day of June, 1957, ~t 7:30 P.M., the City Council will meet in the City Council cham- bers in the City Hall, in the City of Dubuque, Iowa and hear prop- erty owners subject to the assess- ment and interested parties for and against the improvement, its cost, the assessment thereof, or the boundaries of the district. 5. The City Clerk is hereby au- thorized and directed to cause pub- lic notice of the date, time and place of hearing to be given by publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty five days prior to said hear ing and by mailing a copy of said notice by ordinary mail to the owners of said property to be as- sessed, as shown by the records in the office of the County Auditor not less than fifteen days prior to said hearing, Approved on first reading this 6th day of May, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KRVTZINGER Councilmen Attest: LEO F. FROMMELT City Cleric Councilman Welu moved that the foregoing resolution be placed on file with the City Clerk for public inspection, Seconded by Councilman Kolb. Carried by the following vote: Yeas--Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. I~Tays-None. March 15, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Herewith submitted for your consideration is a plat of Glen Oak Subdivision, a subdivision in the City of Dubuque. This subdivision has been ap- proved by the Planning and Zon- ing Ccmmission. Yours truly, Dubuque Planning & Zoning Commission By Richard V. McKay, Sec't' Regular Session, May 6, 1957 191 fisting manhole at the intersection of Marmora avenue and Pennsyl- vania avenue, thence westerly 51.53' on Pennsylvania avenue, thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of ithe West ~/z of Lot 1 of 3 of Wil- son Dubuque, thence 145' south- erly from the intersection of Mon• tans street and Merfeld Lane, and thence northerly on Montana street from the intersection of .Montana street and Merfeld Lane to the southerly property line bf Wilbricht Lane, and thence 200' westerly from the center line of Montana street through Lot 1 of 1 of Lot 8 and 9 of Wilson's Du- buque, at an estimated cost of $15,247.53, presented and read. Councilman Welu moved the adop- tion of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, May 6, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and proposed assessments for Montana Street Sanitary Sewer. Submitted May 6, 1957. /s/ K, J. Cullen Kenneth J, Cullen, City Engineer RESOLUTION N0. 85.57 Be It Resolved by the City Coun• cil of the City of Dubuque, Iowa: Section 1. That the attached sheet is hereby determined to be the schedule of proposed assess• ments for construction of an eight (8) inch sanitary sewer beginning at the existing manhole at the intersection of Marmora Avenue and Pennsylvania, thence westerly 51.53' on Pennsylvania, thence northerly through Flora Park to :Lot 1 of Merfeld Place, thence northerly through Lot 1 of Mer- feld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West '/z of Lot 1.3-Wilson Dubuque, thence southerly 145' from the intersection of Montana and Mer- ~eld Lane and thence northerly on Montana from the intersection of Montana and Merfeld Lane to the southerly property line of Wil- bright Lane, and thence 200' west- erly from the center line of Mon- tana through Lot 1 of 1 of Lot 8 and 9 of Wilson's Dubuque, and the valuation set out there are hereby approved. Approved this 6th day of May, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT, " City Clerk Councilman Welu moved the adoption of the resolution, Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Dove; Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 86.57 Whereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1. The boundaries of the district, if any, 2, The size and kind of sewers. 3, Each lot proposed to be as- sessed together with a valuation fixed by the council, 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used. 5, In each case the amount thereof which is estimated to be assessed against each lot, for the construction of an eight (8) inch sanitary sewer beginning at the existing manhole at the intersec- tion of Marmora Avenue and Penn- sylvania Avenue, thence westerly 51,53' on Pennsylvania Avenue, Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen I~intzinger, Kolb, Schueller, Welu. Nays-None, RESOLUTION N0. 83.57 Resolution Approving Plat of Glen Oak Subdivision, Whereas there has been filed with the City Clerk a plat in which Lot 1 of Mineral Lot 176 and of Lot 1 of Lot 7 of Lot 3 of Mineral Lot 91 in the City of Dubuque, Iowa is platted as Lots 1 to 6 In- clusive Glen Oak Subdivision in the City of Dubuque, Iowa and, Whereas said plat has been ex- amined by the City Plan Commis- sion and had its approval endorsed thereon; and, Whereas said plat has been ex- antined by the City Council and they find the same conforms to the Statutes and Ordinances re- lating thereto; Now, Therefore, Be It Resolved by the Gity Council of the City of Dubuque, Iowa: Sectioro 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 6th day of May A,D., 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZIlQGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Welu moved the iadoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 84.57 Preliminary approval of the pro- posed plans, specifications, farm of contract, plat and schedule and all other documents for the con• struction of an eight (8) inch sani- tart' sewer beginning at the ex- 152 Regular Session, May 6, 1957 thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West r/z of Lot 1 of 3 of Wil- son Dubuque, thence 145' south- erly from the intersection of Man- tana Street and Merfeld Lane, and thence northerly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center line of Montana Street through Lot 1 of 1 of Lot 8 and 9 of Wilson's Du- buque. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and nec- essary far the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file wtih the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway portion of any street or assessment district shall be assessed to and paid by the railway company, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of May, 1957. Approved and placed on file for final action. Approved: CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZRVGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kolb moved that the foregoing resolution just read be placed on file with the City Clerk for at least one week for public inspection. Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RES®LUTIAN N®. 87.57 Whereas, the City Council of the City of Dubuque, Iowa, has by Resolution No. 84-57 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the con- struction of an eight (8) inch san- itary sewer beginning at the ex- fisting manhole at the intersection of Marmora Avenue and Pennsyl- vania Avenue, thence westerly 51.53' on Pennsylvania Avenue, thence northerly through Flora Park to Lot i of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West r/a of Lot 1 of 3 of Wit- son Dubuque, thence 145' south- erly from the intersection of Mon- tana Street and Merfeld Lane, and thence northerly on Montana Street from the intersection of Montana Street and Merfeld Lane to the southerly property lien of Wilbricht Lane, and thence 200' westerly from the center line of Montana Street through Lot 1 of 1 of Lot 8 and 9 of Wilson's Du- buque, and, r Regular Session, .May 6, 1957 193 Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of 3une, 1957, a public hearing will be held at 7,30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of prop- erty subject to assessment for the proposed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper. published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed far. its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 6th day of May, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KIlVTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the fallowing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 88.51 Preliminary approval of plans, specifications, form of contract plat and .schedule and all other documents for the construction of an eight (8) inch sanitary sewer in Chaney Road beginning at the ex- isting manhole at the intersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the in- tersection of Chaney Road and Pennsylvania avenue, thence northerly 1323.25 feet on Chaney Road, at an estimated cost of $8,125.90, presented and read. Councilman Welu moved the adop- tion of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 6, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I herewith submit the attached sheet showing a schedule of the proposed valuations and proposed assessments for Chaney Road San- itary Sewer. Submitted May fi, 1957. /s/ K. J, Cullen Kenneth J. Cullen, City Engineer RESOLUTION N0. 89.57 Be It Resolved by the City Council of the City of Dubuque, Iowa: Section 1. That the attached sheet is hereby determined to be 'the schedule of proposed assess- ments far the construction of the eight (8) inch sanitary sewer in Chaney Road beginning at the ex- isting manhole at the intersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the in- tersection of Chaney Road and Pennsylvania, thence northerly 1,323.25 feet on Chaney Road, and the valuation set out there are hereby approved. Approved this 6th day of May, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU RAY F. KOLB LEO N.SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution Second- I iou ~i ~i '' III ~~ 194 Regular Session, 114ay 6, 1957 ed by Councilman Kolb. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, (Necessity #or Improvement) RESOLUTION N0. 90.57 Whereas, proposed plans, speci- fications, form of contract, plat ,and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1, The boundaries of the district, if any. 2. The size and kind of sewers. 3. Each lot proposed to be as- sessed together with a valuation fixed by the council, 4. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used, 5, In each case the amount there- of which is estimated to be as- sessed against each lot, for the construction of an eight (8) inch sanitary sewer in Chaney Road be- ginning at the existing manhole at the intersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the intersection of Cha• ney Road and Pennsylvania Ave- nue, thence northerly 132325 feet on Chaney Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed res- olution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all objections thereto, Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds. Bonds shall be issued and sold in anticipation of deferred pay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be as- sessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 6th day of May, 1957. Approved and placed on file for final action. Approved: CHARLES E, DOVE' Mayor CLARENCE P. WELU RAY F. KOLB LEO N, SCHUELLER CHARLES A, KIlJTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved that the foregoing resolution just read be placed on file with the City Clerk at least one week for public inspection, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0, 91.57) Whereas, the City Council.of the City of Dubuque, Iowa, has by Res- olution Na, 88.57 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk far public inspection, for the construc- tion of an eight (8) inch sanitary 5 {r f Regular Session, May 6, 1957 195 sewer in Chaney Road beginning at the existing manhole at the in- tersection of Pennsylvania Avenue and Ohio Avenue, thence easterly to the intersection of Chaney Road and Pennsylvania Avenue, thence nortlerly 1323.25 feet on Chaney Road, and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 3rd day of June, 1957, a public hearing will be held at 7;30 o'clock P. M, in the Council Cham• ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro- posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolution of Ne- cessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its considera- tion and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon, Passed, adopted and approved this 6th day of May, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU RAY F. KOLB LEO N,SCHUELLER CHARLES A. KINTZIlVGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the reselution. Sec- owned by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. Communication of Eugene D, Wright, attorney, submitting the deed of Edv~2n M, and Rita C, Dus- ter conveying to the City Lot. 2 of Lot 2 of Lot 4, and Lot 2 of Lot 1 of Lot 4 in "Wilson's Dubuque", being a strip of land 340 feet long and 5 feet wide, to permit the City to widen Merfeld Lane 5 feet on the north, presented and read, Councilman Schueller moved that the communication be received and filed, Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0, 92.57 Whereas, Edwin M. Duster and Rita C. Duster, husband and wife, as owners, have tendered to the City of Dubuque their Warranty Deed conveying Lot 2 of the Subdi- vision of Lot 2 of Lot 4 in Wilson's Dubuque, and Lot 2 of the. Sub- division of Lot 1 of Lot 4 in Wil- son's Dubuque, both in the City of Dubuque, Dubuque County, Iowa, for the purpose of widening Merfeld Lane; and Whereas, the City Council being familiar with the situation has de- termined it to be in the public in- terest that said deed be accepted and Merfeld Lane widened to in- clude the same; Now Therefore, Be It Resolved by the City Council of the City of Dubuque: Section 1, That the conveyance of the above described real estate by the above described grantors be and the same is hereby ac- cepted; Section 2. That Merfeld Lane be and the same is hereby widened from Montana Street to its west- erly terminus to include the above described real estate; Section 3. That the City Clerk be and he is hereby authorized and instructed to record a certified copy of this Resolution in the of- fice of the County Recorder of Du- buque County, Iowa. ~~ : i I x, i ~~~~ I~ u I i,{~ ~~ t ~I 196 sPassed, adopted and approved s this 6th day of May A.D. 1957. CHARLES E. DOVE Mayor c CLARENCE P, WELU t RAY F. KOLB LEO N.SCHUELLER s CHARLES A. KINTZINGER 't Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ~_ ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 93.57 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relay ing to the sale of cigarettesa tedra the City of Dubuque, be gr permit to sell cigarettes and cig- arette papers within said City. Robert E. Hevey, 1005 Rockdale Road Frederick. J. Herber, Eagle Point Park Lester M. Lochner, 177 Main Street Victor H, and Richard N, Nau- man, 785. Groveland Place Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 6th day of May, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU RAY F, KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 94.57 Whereas, applications for Beer Permits have been submitted to this Council far approval altd the Regular Session, May 6, 1957 ame have been examined: Now, Therefore, Be It Resolved by the City Coun- il of the City of Dubuque that he following applications be granted and licenses are to be is- ued upon the compliance with the erms of the ordinances of this City. CLASS "B" PERMIT Paul W. Gruber, 576 Central Ave• nue Vernon Meyer, 530 East 22nd Street Dubuque Sports Bowl, Inc., City Island Betty Leib, 1563 Central Avenue Bernard N. Arensdorf and Carl N. Brant, 2600 Central Avenue Robert J. Bowen, 1105 University Avenue Peter Schwartz, 574 East 16th Street Lester M. Lochner, 177 Main Street CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Metal Trades Council Club, 111 West 6th Street CLASS "C" PERMIT Victor II, and Richard N. Nauman, 785 Groveland Place William J. Lynn, 424 West Locust Street George W. Woodhouse, 2930 Cen- tral Avenue Carl Van Duelrnan, 590 Seminary Street Passed, adopted and approved this 6th day of May, 1957, CHARLES E. DOVE Mayor CLARENCE P. WELU' RAY F. KOLB LEO N. SCHUELLER CHARLES A. KWTZIlVGER Councilmen Attest, LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb, Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu, Nays-None, RESOLUTION N0. 95.57 Whereas, heretofore applica• tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and regular Session, May 6, 1957 197 Whereas, the premises to be oc- Kalb, Carried by the following cupied by such applicants have vote: been inspected and found to com- Yeas-Mayor Dove; Councilmen ply with the ordinances of this Kintzinger, Kolb, Schueller, Welu. City and they have filed proper Nays-None. bonds; Now, Therefore, LEO F, FROMMELT Be It Resolved by the City Coun- City Clerk cil of the City of Dubuque that Approved ..............................1957. the Manager be and he is directed Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957. to issue to the following named applicants a Beer Permit, ...................................... CLASS "B" PERMIT Paul W, Gruber, 576 Central Ave- nue Vernon Meyer, 530 East 22nd Street Councilmen ..................................>,.. Dubuque Sports Bowl, Ina, City Island Betty Leib, 1563 Central Avenue ~•~•~~~~~•••~•~~•~•~••~~•~••~~~•••~••• Bernard N. Arensdorf and Carl N. Brant, 2600 Central Avenue Robert J, Bowen, 1105 University """"""""""""""""""" Avenue Attest : .............................................. Peter Schwartz, 574 East 16th City Clerk Street Lester M. Lochner, 177 Main Street BOARD OF HEALTH CLASS '°B" PERMIT FOR (OFFICIAL) PRIVATE CLUB Regular Session, May 6, 1957. Dubuque Metal Trades Council Board met at 9:30 P.M, Club, 111 West 6th Street Present-Chairman Charles E. CLASS "C" PERMIT Dove, Messrs. Charles A. Kintzing- Victor H, and Richard N, Nauman er, Ray F. Kolb, Leo N. Schueller, , 785 Groveland Place Clarence P. Welu. Absent-Dr. A. J. Entringer. William J. Lynn, 424 West Locust IOWA STATE Street DEPARTMENT OF HEALTH George W. Woodhouse, 2930 Cen- public Health Engineering tral Avenue Paul J, Houser M.S. Carl Van Duelman, 590 Seminary , April 15, 1957 Street Mr. Ray Papin Be It Further Resolved that the Hawkeye Trailer Court bonds filed by such applicants be 2627 University Avenue and the same are hereby approved. Dubuque Iowa Passed, adapted and approved , Dear Mr. Papin: this 6th day of May, 1957. Upon reviewing the information CHARLES E. DOVE furnished on the inspection report Mayor dated AprR 9, 1957, your applica- CLARENCE P, WELU tion far renewal of license to op- RAY F. KOLB erate a mobile home park has been LEO N. SCHUELLER approved, Arrangements have CHARLES A. KINTZIlVGER been made with the Division of Councilmen Licensure to issue a license to Attest: LEO F. FROMMELT you for the calendar year 1957. City Clerk Copies of the application for re- Councilman Welu moved the newal of license and of the in= adoption of the resolution. Second- spection report forms are enclosed ed by Councilman Kolb. Carried for your records. by the following vote: Very truly yours, Yeas-Mayor Dove, Councilmen DIVISION OF PUBLIC HEALTH Kintzinger, Kolb, Schueller, Welu, ENGINEERING Nays-None. Carl H, Moline There being no further business Sanitarian Councilman Welu moved to ad- Mr. Clarence P. Welu moved journ. Seconded by Councilman that the communication be re- 19$ Regular Sessio ceived and made a matter of rec- ord, Seconded by Mr, Ray F. Kalb. Carried by the following vote: Yeas -Chairman Charles E. !Dove, Messrs, Charles A. Kintzing- er, Ray F. Kalb, Leo N. Schueller, Clarence P. Welu. Nays-None. Absent-Dr. A, J, Entringer. IOWA STATE DEPARTMENT OF HEALTH Public Health Engineering Paul J. Houser, M.S. April 15, 1957 Mr, C. H, Reckord Reckord Texaco Trailer Park 2323 Central Avenue Dubuque, Iowa Dear Mr. Reckord; Upon reviewing the information furnished on the inspection re- port dated April 9, 1957, your ap- plication for renewal of license to operate a mobile home park has been approved, Arrangements have been made with the Division of Licensure to issue a license to you for the calendar year 1957. Copies of the application for re- newal of license and of the in- spection report forms are enclosed for your records, Very truly yours, DNISION OF PUBLIC HEALTH ENGINEERING Carl H. Moline Sanitarian Mr. Clarence P. Welu moved ',that the communication be re- ceived and made a matter of rec- ord. Seconded by Mr. Ray F. Kolb. Carried by the following vote: Yeas -Chairman Charles E, Dove, Messrs, Charles A. Kintzing• er, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Absent-Dr, A. J. Entringer, IOWA STATE .DEPARTMENT OF HEALTH Public Health Engineering Paul J, Houser, M,S, April 15, 1957 Mr, Frank C. Wieland Wieland Mobile Park 3198 Central Avenue Dubuque, Iowa Dear Mr, Wieland: Upon reviewing the information furnished on the inspection re- n, May 6, 1957 port dated April 9, 1957, your ap• plication for renewal of license to operate a mobile home park has been approved, Arrangements have been made with the Division of Licensure to issue a license to you for the calendar year 1957. Copies of the application for re- newal of license and of the inspec- tion report forms are enclosed for your records. Very truly yours, DIVISION OF PUBLIC HEALTH. ENGINEERING Carl H. Moline Sanitarian Mr. Ray F. Kalb moved that the communication be received and made a matter of record. Second• ed by Mr, Clarence P. Welu, Car• ried by the following vote; Yeas -Chairman Charles E. Dove, Messrs, Charles A. Kintzing- er, Ray F. Kolb, Leo N. Schueller, Clarence P. Welu. Nays-None. Absent-Dr. A, J. Entringer. There being no further business Mr. Clarence P. Welu moved that the Board of Health meeting ad- journ, Seconded by Mr. Ray F. Kolb. Carried by the following vote, Yeas -Chairman Charles E, Dave, Messrs. Charles A, Kintzing- er, Ray F. Kolb, Leo N. Schueller,.. Clarence P. Welu. Nays-None, Absent-Dr, A. J. Entringer.: LEO F. FROMMELT, Clerk Board of Health Approved ..............................1957. Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957. Members of Board. ...........................: ... .. of Health Attest : .............................................. Clerk, Board of Health r Regular Session, June 3, 1957 199 ~~~~ (OFFICIAL) Regular Session, June 3, 1957.' Council met at 7:30 P.M. Present-Mayor Dove, Council- men Kintzinger, Kolb, Schueller, Welu, City Manager Schiltz. Mayor Dove stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting, May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Thomas Welsh requesting a water connection for a residence located on Garnet Street was referred to the City Manager far investigation and re- port. I have investigated the possibil- ity of allowing this water connec- tion and find that we have ample capacity for this connection. In the future it may be necessary for the City to construct a water main in this street and if the present policy is carried out the cost of installation will be assessed against the adjoining property owners, In order to avoid any misunder- standing at such time, I recom- mend that Mr. Welsh be required to pay the $2.00 per front foot assessment charge before he is al• lowed to connect to the water main on Jackson Street. I recommend therefore that Mr. Welsh be given permission to con- nect to the water main on Jackson Street provided the $2.00 per front foot is paid and the work is done in accordance with regulations of the City Water Department. Respectfully submitted, L, J. Schiltz City Manager Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None. May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of John N. Schuster requesting the opening of the al- ley from Meadow Lane to Stetmore Street between St. Joseph and Marion Streets was referred to the City Council to view the grounds. Upon viewing the grounds, it. was the decision of the Council that it would not be in the best interests of the public to open this alley, All of the property owners along both streets that would be served by this alley have access to their garages from the street. It is recommended that the deci- sion of the Council in denying this petition be made a matter of rec- ord. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Kolb, Schueller, Welu. Nays-None, May 29, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of Frank J. Schu- macher and others requesting the opening and grading of a platted alley between Fairway Drive and Sunnyview Drive from Bunker Hill Street to St, Ambrose Street was referred to the City Council to view the grounds. Upon viewing the grounds it was determined by the City Coun- cil that it would be impractical to open this alley to properly serve the petitioners without damaging the property on the opposite side of the alley. It is recommended that the de- cision of the Council in denying the petition be made a matter of record, Respectfully submitted, L. J. SCHILTZ, City Manager