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
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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