1957 November Council Proceedingsf
1legular Session, November 4,195' 419
~ ~~, ~ ® ~~ ~ ~
' ~ ~ ' f •~ ~
- ~ 1 ~ ~,.
,
~ This agreement should ~be made
a matter of record.
~ ~ `~ ~
' ``t Respectfully submitted,
(OFFICIAL) L, J. Schiltz,
Regular Session, November 4, City Manager
1957.
Council met at 7,30 P.M. ' Councilman Welu moved that the
Present-Mayor Dove, Council- agreement be approved and made
men Kintzinger, Kolb, Schueller, a matter of record. Seconded by
Welu, City Manager Schiltz. Councilman I{intzinger. Carried by
Mayor Dove read the call and'. the following vote,
stated that this is the regular Yeas-Mayor Dove, Councilmen,
monthly meeting of the City Coun- Kintzinger, Kolb, Schueller, Welu.
cil caIled for the purpose of acting Nays-None.
upon such business as may prop-
erly come before the meeting. October 29, 1957
October 24, 1957 Dubuque, Iowa
To the Honorable Mayor An agreement between -the City
' and City Council of Dubuque, Dubuque, Iowa and
Dubuque, Iowa - Cletus Freiburger and Joseph C.
Gentlemen: Hefei for the construction and
- I herewith submit the reports acceptance of a cast iron water
of the'City Auditor, City Treasurer, main in Garnet Street, and Pravid•
Gity Health Department and City ing the Terms and .Conditions
Water Works for .the month of -thereof.
September as well as list of claims
and list of payrolls for which war- That permission be hereby grant-
rants were issued for the month of ed :to Cletus Freiburger and Joseph
September, 1952 C. Hefei to construct a 'six inch
Respectfully submitted, ' cast iron water main in Garnet
L. J. Schiltz, Street from Jackson Street to the
City Manager West Property Line of Lot 63 in
- Councilman Kolb moved that the Linehan Park Addition, in Du-
reports be received and filed, Sec- buque County, Iowa. Also, it is
~ onned by Councilman Kintzinger. hereby accepted by the City of Du-
Carried by the following vote; buque as a part of its water dis-
' Yeas-Mayor Dove, Councilmen tribution system.
Kintzinger, Kolb, Schueller, Welu, Attached hereto is a certified
Nays-None. statement showing in detail all
', October 29, 1957 amounts paid out, in connection
To the Honorable Mayor with the construction of said
and City Council water main. Hereinafter, any per-
Dubuque, Iowa son or persons desiring to con•
Gentlemen: nett with said water main shall
I am attaching herewith an Agree• first apply to the City Manager
went entered into between .the City for permission to do so and such
of Dubuque and Cletus Freiburger Permission shall be granted upon
and Joseph C. Hefei whereby Clet- condition that 'the applicant spay
us Freiburger and Joseph C, Hefei to the City Treasurer, for the
are granted permission to con- account of Cletus Freiburger and
' ' struct a water main in Garnet Joseph C, Hefei, in an amount
Street and the City accepts .this equal to Four Dollars and Sixty
water main as part of the water One Cents ($4.61) per front foot
distribution system. All extensions of property owned by the appli-
to the water system outside the cant. However s u c h connection
City of Dubuque are paid for charges shall not be exacted for
wholly by the benefited property any extension of said water main
owners. by the City of Dubuque or its per-
This agreement authorizes the mitees.
City to collect connection charges Cletus Freiburger
and reimburse Cletus Freiburger Joseph C. Hefei
and Joseph C. Hefei for the amount L, J. Schiltz
over and above !that paid to serve City Manager, City of
their properties, Dubuque, Iowa
420 Regular Session, November 4, 1957
October 29, 1957
Dubuque, Iowa
We the undersigned do hereby
certify the following statement of
casts for the construction of a six
inch cast iron water main in
Garnet Street are correct and com•
i plete.
Material purchased from the City
of Dubuque Water Department are
as follows.
370 feet 6" pipe $821.40
1-6"x6" Mapping sleeve 43.09
1-6" Iowa Tapping valve 75.54
1-6" Iowa Valve 66.53
2-Valve boxes 65.52
1-Iowa hydrant 197.84
1-6"x6" Tee 31.13
1-6" Plug 521
Labor for installation of
tapping valve 125.00
Total paid to Water
Department $1,431.26
Amount paid to Geo,
Saffron of the Saffron
Construction Co, for
furnishing all equip-
ment and labor neces-
sary to install water
main 900.00
$2,331.26
Cletus Freiburger
Joseph C. Hefei
October 29, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am a~btaching herewith an
Agreement entered into by the
City of Dubuque and Clarence C.
Fay regarding the construction of
a water main and setting up a con-
nection charge for other individ-
uals desiring to make a connection
thereto.
This agreement should be made
a matter of record.
Respectfully submitted,
L. J, Schiltz,
City Manager
Councilman Welu moved that the
agreement be approved and made
a matter of record, Seconded by
Councilman Schueller, Carried by
the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
October 29, 1957
An Agreement between the City
of Dubuque, Iowa, and Clarence C.
Fay for the construction of a cast
iron water main in Rockdale Road,
and Providing the Terms and Con-
ditions thereof.
The City of Dubuque agrees 'to
construct an eight inch water main
in Rockdale Road from Fox Drive
South to within approximately one
hundred feet of the corporate
limits of the City of Dubuque,
Iowa. In consideration of the con-
struction of said water main Clar-
ence C. Fay has paid Ito the City
of Dubuque the sum of Twelve
Hundred Dollars ($1,200,00), Upon
completion of said water main, it
shall become a public water main
under the exclusive charge and
control of the City of Dubuque.
Hereinafter, any person or per-
sons desiring to connect with said
water main shall first apply to the
City Manager for permission ito do
so and such permission shall be
granted upon condition that the
applicant pay to~the City Treasur-
er, for the account of Clarence C.
Fay, in an amount equal Ito Two
Dollars •and Forty Two Cents
($2.42) per front foot 'of property
owned by the applicant, However,
such connection charges shall not
be exacted for any extension of
said water main by the City of
Dubuque or its permi~tees.
Clarence C. Fay
L, J, Sahiltz,
City Manager, City of `
Dubuque, Iowa
October 29, 1957
Ta the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen
I am attaching for the record,
a copy of an executed easement
for a storm sewer on Chicago, Mil-
waukee, St, Paul and Pacific Rail-
road property running from East
6th Street to East 7th Street,
Respectfully submitted,
L. J. Schiltz,
City Manager
Councilman Welu moved that the
easement be received and made a
matter of record, Seconded by
Councilman Kintzinger. Carried '~by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
~.
Regular Session, November 4, 1957 421
This Indenture, made this 16th
day of September A.D. 1957, by
and between Chicago, Milwaukee
St, Paul and Pacific Railroad
Company, and City of Dubuque,
In The County Of Dubuque, State
Of Iowa, hereinafter called the
"Railroad Company" and the
"Licensee,"
Witnesseth: That the Railroad
Company in consideration of the
sum of One and No/100 Dollars
to cover the expense of preparing
this agreement, to it paid by the
Licensee, the receipt whereof is
hereby acknowledged, •and in furth-
er consideration of the faithful
performance 'by the 'Licensee of all
the agreements herein contained
hereby grants unto said Licensee,
permission and license,
(See Sheet lA, for description
of "storm sewer," hereto attached
and made a part hereof)
Subject Always to the observ
ante and performance by t h e
Licensee of all and singular the
fallowing conditions, covenants,
and agreements to be by it observ
ed, kept, and performed as follows,
to wit: and a default in or failure
to perform any of said covenants,
or a breach of any of said condi-
tions, shall work an immediate
and absolute forfeiture of said
grant.
First, It is a condition of the
aforesaid grant that the Licensee
shall not, and it'hereby agrees that
it will not at any time enter upon
the premises of the Railroad Com-
pany for the purpose of construct•
ing, laying down, repairing, alter-
ing or changing said storm sewer,
without first notifying the Chief
Engineer of said Railroad Com-
pany of its desire and intention
so ~to do; and that it will at all
times prosecute all its work upon
said premises with reasonable
care, skill and diligence, and to
the satisfaction of said Chief
Engineer, and on the completion
thereof will restore the surface of
said premises to the same condi-
tion in which it was prior to the
Licensee's entrance thereon.
Second. It is a further condition
of the aforesaid grant, and the
Licensee also agrees that if at
any time the Railroad Company
shall elect rte raise or lower the
grade of all or any part of its
premises upon, along or under
which said storm sewer is con-
structed, then and in every such
case the said Licensee shall at
once alter and change the location
of said storm sewer so as to con-
form to the change of grade re-
quired by the Railroad Company,
Third. It is a further condition
of the aforesaid grant that the
Licensee shall, and i~t hereby
agrees that it will, in carrying on
any and all of the work herein-
above mentioned or referred Ito,
strictly to the directions and re-
quirements of said Chief Engineer
in all matters relating to the safety
of operating trains upon and over
the Railroad Company's tracks and
will not in any manner interfere
with such operation without his
consent; and ~bhat said Chief Engin-
eer may, if he deems necessary
so to do, protect and support said
tracks while said Licensee is do-
ing any work under and abowt
the same, and shall remove the
supports, and restore said tracks
to their former condition of use-
fulness when said work is complet-
ed,
Fourth. It is a further condition
of the aforesaid grant that the
said 'Licensee shall, and it hereby
agrees that it will bear and pay
all :the cost and expense which may
at any time ~or in anywise apper•
fain to the construction, laying
down , maintaining, repairing,
changing or altering said storm
sewer, and to the protecting and
supporting of the Railroad Com-
pany's tracks while any such work
is in progress; and to the removing
of the track supports and restoring
said tracks and premises to their
former condition of usefulness
when said work is completed,
Fifth. It is a further condition
of the aforesaid grant that said
Licensee shall, and it hereby coven-
ants and agrees that it will and it
does hereby assume all risk of
damage or injury Ito said storm
sewer caused by the operation of
trains upon and over the tracks
now laid or which may hereafter
be laid by the Railroad Company
or caused by any change which it
may make in the grade of its
tracks or in :the grade or use of its
premises, and will at aIl times
save and keep the Railroad Com•
422 Regular Session, November 4, 1957
pony free, clear and harmless from
any and all claims on account of
any of the matters aforesaid; and
that in case the Railroad Company
shall suffer or become liable for
any loss, cost or damage whatso-
ever, in any manner arising from
or growing cwt of constructing,
maintaining, repairing, altering,
changing, or using said storm sew-
er then, and in any and every
such case, the Licensee shall and
will reimburse the Railroad Com-
pany to the full amount of the
loss or damage which said Com-
pany has sustained or for which
it has become liable.
Sixth. It is a further condition
of -the aforesaid grant, and the
Licensee also covenants and agrees
that the Railroad Company may
revoke this license and permission
at any time without liability to the
Licensee therefor, upon giving to
it sixty (60) days' previous notice
in writing to that effect; that Upon
the expiration of the time speci-
fied in such notice, the said Licen-
see shall remove said storm sewer
from the premises of the Railroad
Company, under the direction and
supervision of said Chief Engineer;
and that in case of failure on the
part of said Licensee Ito remove .the
same within the above mentioned
time, i~t shall be understood .that
said storm sewer is abandoned, and
said Railroad Company may re-
move the same from its premises
at the expense of said Licensee, or
may disconnect said storm sewer
at the points where it enters and
leaves said premises.
Seventh, It is a further condition
of the aforesaid grant that the
Licensee shall, upon receipt of
bill therefor, reimburse the Rail•
road .Company for the cost and
expense of furnishing flagging and
supervisory services and for labor,
if any, for removing -and replacing
rails, ties and ballast, all as in the
opinion of the Chief Engineer of
the Railroad Company is necessary
by reason of the installation, re-
pair, renewal, alteration and re-
moval of said storm sewer,
Eighth. It is a further condition
of the aforesaid grant and the
Licensee covenants and agrees to
assume all charges, levies, taxes
and assessments, of every kind,
nature and description, which here-
tofore may have been or which
hereafter may be charged, levied
or taxed in any manner against
the Railroad Company, or its prop-
arty, for the construction, mainten-
ance, repair, or renewal of the
storm sewer hereinbefore de-
scribed.
SHEET 1 A
To install and maintain under-
neath, along and across the read-
bed, right of way and tracks of the
Railroad Company, a storm sewer
consisting of a fifteen inch (15")
reinforced concrete pipe conform-
ing Ito American Society Testing
Materials Specifications C-76.55T,
Class V, between Sixth and
Seventh Streets in Dubuque, Du-
buque County, Iowa, in the location
indicated by the broken line in
yellow color on the plan marked
Exhibit "A," hereto attached and
made a part hereof. At the option
of the Licensee the installation
may be made by boring and jack-
ing the said pipe into place, with
the 'headings from which the said
boring and jacking operations are
performed ~to be located no closer
than twelve feet (12') from the
center line of the nearest track
measured at right angles Ito the
track; or the Licensee may jnstall
the said pipe in an open trench
at such time as the Division Super-
intendent of the Railroad Com-
pany is willing to have the !tracks
taken out of service long enough
to permit the installation by this
method. All trenching on the right
of way to be carefully backfilled
and thorougrly tamped to meet
the approval of the Chief Engineer
of the Railroad Company.
The said pipe is to be placed
and maintained at a depth of 3'5"
below the base of the rails of the
said tracks.
Lastly. The grants covenants,
and stipulations hereof shall ex-
tend to and be binding upon the
respective succesors, legal repre-
sentatives, and assigns of the
parties hereto; provided, however,
that all the rights and privileges
hereinabove granted shall cease
and become void unless the same
are exercised by the said Licensee
within six months from the date
hereof.
In Witness Whereof, the Rail-
road Company and Licensee have
"'a
Regular Session, November 4, 1957 423
duly executed this indenture, the
day and year first above written,
Chicago, Milwaukee, St. Paul
And Pacific Railroad Company,
Attest: J, J, Roche
Secretary
(SEAL)
By J. H, Stewart
General Manager.
City Of Dubuque in the County
of Dubuque, State of Iowa,
By L. J. Schiltz,
City Manager,
Attest; Leo F. Frommelt
City Clerk
(CITY SEAL)
October 29, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The petition of Mr, and Mrs,
Garland Findley requesting the in-
stallation of a s t r e e t light on
Clarke Drive between St. Ambrose
Street and Bunker: Hill Road was
referred to the City Manager and
Electrical Inspector for investiga-
tion and report.
The distance between' existing
lights on Clarke Drive at this loca-
tion is 600 fee-t which is considered
in excess of that for good lighting.
I recommend that the City Council
approve the installation of a street
light approximately midway be•
tween St, Ambrose and Bunker
Hill Road at a location ~to be de•
termined by the Electrical Inspect-
or.
Respectfully submitted,
L, J, Schiltz,
City Manager
Councilman Welu moved ithat
the recommendation of the City
Manager be approved, Seconded by
Councilman I{olb. Carried by the
following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
October 29, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa.
Gentlemen:
I would like to express my ap•
predation .to members of the City
Council for authorizing me to at-
~tend the International City Man-
agers meeting that was held in
Washington from October 20th to
the- 24th, I feel as though much
good derived from attending these
meetings and that the City bene-
fits greatly in the thinking of
managers from other cities and in
discussing all of our problems..
The theme of the meeting this
year was "New Horizons in Man•
agemont" This theme is especially
appropriate because all city man-
agers should be receptive to the
new ideas and new methods as
they plan ahead for the develop-
ment of their cities,
At the session on Management
Perspectives, we take a look at
ourselves, our responsibility -and
what lies ahead in management,
This part of the meeting was high-
lighted by a talk by Charles Stauf-
facher, Vice-President of the Con-
tinental Can Company, who dis-
cussed What City Managers Can
Learn from Business,
During the afternoon I attended
a session on Growth of Industrial
Cities, In this session many of the
problems are similar to those we
have experienced in the last five
years here in Dubuque where we
have made plans for the industrial
and residential growth of our City.
It was called Ito the attention of
the group !that planning is very
important and that this planning
should be several years in advance
of the actual construction. Policies
on the Extension of Services and
Controls That Relate to Industrial
Growth were discussed.
At the session on Human Rela-
tions we were benefited by a talk
from the Personnel Manager of
McCormick & Company of Balti•
more, who related some of their
experiences in private industry, We
also had a talk by John Macy, Di-
rector of the United States Civil
Service Commission, as it related
to the federal employees. AIL cities
have problems in human relations
and it was the general consensus
of opinion that irregardless of the
problems, they could be handled
in a manner that would. be satis-
factory to both the employee and
the employer.
Group sessions were field in the
various population groups and it
was interesting to find out that
in the population group of cities
the size of Dubuque very similiar
problems existed. The trend in
city finances is on the up grade
424 Regular Session, ,November 4, 1957
.the same as is in any private
business or even in the operation
of our household as long as the
cost of labor, materials and equip-
ment continues to increase, the
cost of government will continue
to increase.
I found that the City of Dubuque
is way ahead of other cities in
planning for industrial and res-
idential growth due to the plan•
Wing that has been done in the
last several years and in the actual
construction of our water treat-
ment plant, our sewage facilities
and our street construction The
method used in subdivision con-
trol is practically universal in that
the subdivider is required Ito put
in all of the facilities prior to the
approval of the subdivision by hhe
planning and zoning commission
and the city council.
At the session on Federal-City
Relations, the Housing-and Urban
Renewal Program was discussed as
was the Stream Pollution Control
and the Federal Highway Program,
Sessions were set up including
Capital Budget Programming,
Fringe-Area Problems, Problems of
Central Business Districts, and
Police and Fire Problems.
I attended the session which dis•
cussed police and fire and find
that many cities are facing .the
problem of expanding their police
and fire departments and have in-
sufficient funds available far this
expansion. Some of the medium
size and larger cities as well as
many of the small ones have in-
itiated some sort of an integrated
department which seems to be very
effective. It is my opinionthat
this trend will continue and cities
must look toward a more efficient
operation of ~tihese two departments,
It is my feeling that the consolida-
tion of some of ithe duties of these
departments should be studied very
closely and should only be insti-
tuted if it is foundthat they can
be carried on to provide the effi-
cient operation of the services in
a more economical manner.
At a session an Planning the
City of Tomorrow it was interest•
ing that it stressed the need of
planning for a number of years
ahead of the actual carrying out of
the project's plgn, It Wqs pointed
out that the carrying out of the plan
should not be done necessarily im-
mediately, but it was Ito be used
as a guide for the future planning
of the improvements to be carried
out by the City, It was pointed
out that it was necessary to sell this
planning program Ito the commun-
ity and that the relations between
the city council, planning com•
mission and manager Abe on the
highest plane.
One of hhe last sessions was
entitled As Others See Us. From
this session I think we learn from
outsiders how they view us and
what they think we should be da
ing now and in the future. One of
the speakers, Mrs. Kathryn H.
Stone, a member of the General
Assembly of Virginia, gave a very
inspiring talk on the Views of a
Citizen,
I again wish to thank you for
the opportunity •of attending this
meeting.
Respectfully submitted,
L. J. Schilty
City Manager
Councilman Kintzinger moved
that the communication be recefw
ed and filed. Seconded by Council•
man Welu. Carried by the follow•
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller Welu.
Nays-None,
November 4, 1957
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
This is to advise '.that I have
approved the following bonds and
policy and desire to have your
approval on same for filing:
SIDEWALK
Michael J, Bock, U.S. Fidelity &
Guaranty Co.
HEATING
John M. Schwendinger, Bond No.
28214 13 1703 55 U.S, Fidelity &
Guaranty Co.
Carl Mettille, d/b/a, Mantille Roof-
ing & Sheet Metal Works, Hawk-
eye Security Insurance Co.
EXCAVATION
Tunnicliff-MacDonald Engineering
and Construction Co, Davenport,
Iowa, Policy No, RSL 7235492,
The Travelers Indemnity Co,
Regular Session, November 4,1957 425
Quad City Construction Ca., Rock
Island, Illinois, Policy No. WC
287885, Bituminous Casulty Cor-
poration.
Respectfully submitted,
L. J. Schiltz,
City Manager
Councilman Welu moved that
the bonds and policies be filed
subject to the approval of the City
Solicitor. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
October 28, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have examined the claim of
Milton R. Jaeger, Jr., 780 Berkley
Place, far damages sustained in
striking awash-out in Kane Street
August 13, 1957 and find fihat the
defeot existed as claimed and that
the damages were sustained,
I recommend that the claim be
allowed in the amount of $8.40 and
that the Auditor be instructed to
issue a warrant payable to Milton
R. Jaeger, Jr,, in the amount of
$8,40 and deliver the same upon
receipt of a properly executed re-
lease.
Respectfully submitted,
T. H. Nelson
Councilman Welu moved that the
recommendation of the City So-
lici~tor be approved and the Au-
ditor instructed to draw a warrant
payable Ito Milton R, Jaeger Jr. in
the amount of $8.40 and deliver
the same upon receipt of a proper-
ly executed release. Seconded by
Councilman Kintzinger. Carried by
the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
October 28, 1957
Honorable Mayor and Members
of 'the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim of
Albert P. Dolan, 2924 Shiras Ave-
nue for damages sustained to his
car August 5, 1957 and find the
damages sustained as claimed, and
recommend that hhe claim be
allowed in the amount of $25,35
and that the Auditor be instructed
to issue a warrant in this amount
payable ~to Albert P. Dolan, and
deliver the same upon receipt of a
properly executed release.
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 P. Dolan, in .the
amount of $25,35 and deliver the
same upon receipt of a properly
executed release. Seconded by
Councilman Kintzinger, Carried by
the follwing vote;
Yeas-Mayor Dove, Councilmen
Kintzinger Kolb, Schueller, Welu.
Nays-None.
October 28, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I herewith submit for your rec-
ord release of William Cook for
his claim against the City of Du-
buque, the same having been ob-
tamed and paid for by the contrac-
tgr's insurance company.
Sincerely T. H. Nelson
Councilman Kintzinger moved
that the communication be receiv-
ed and filed, Seconded by Council-
man Welu. Carried ~by the follow-
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
October 28, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim of
Carl A. Clark, 2558 University
Avenue, for damages sustained in
striking a hole at the intersection
of Hawthorne Street and Rhomberg
Avenue August 23, 1957, and find
that ,the hole existed, but find no
evidence that the same existed for
a long enough time to put the
City on notice of the defective
condition, and Wherefore recom-
mend that the claim be denied,
Respectfully submitted,
T. H. Nelson,
Councilman Welu moved the rec-
ommendation of the City Solicitor
be approved. Seconded by Council-
°~a
~, .
i
s
426 Regular Session, November 4, 1957
man Kintzinger. Carried by the fol•
lowing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 1, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have examined the claim of
Wolverine Insurance Company as
subrogee of Charles M. Allen and
do not find any negligence on the
part of the City, and therefore
recommend that the claim be de•
nied.
Sincerely,
T. H. Nelson
Councilman Welu moved that
the recommendation of the City
Solicitor be approved, Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 1, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim of
Freeport Insurance Company as
suborgee of Eric F. Butzlaff, for
tar damage claimed to have been >
sustained August 15, 1957 and cane
find no negligence on hhe part of
the City and therefore recommend
that the claim be denied,
Respectfully,
T. H. Nelson
Councilman Welu moved that
the recommendation of the City
Solicitor Abe approved. Seconded by
Councilman Kintzinger. Carried by
the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November i, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim of
John L. Gruetzmacher, 876 Yale
Court, for damages sustained when
he ran into a raised man-hole in
Montana Street when .the street
was under construction.
From my investigation it appears
that, although there was no bar-
ricade on the street, the accident
occured in daylight and it was ap-
parent ~ta the claimant ~tha~~t the
street was under construction, and
that he accepted the hazards when
driving his car onto the street.
I therefore recommend that the
claim be denied.
Respectfully,
T, H. Nelson
Councilman Welu moved ~bhat
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Kintzinger, Car-
ried by the fallowing vote:
Yeas-Mayor Dave, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
November, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have investigated the claim
of Paul Richard, 98 Princeton
Place, for damages sustained when
he hit a water box cover in the
street, and can find no evidence
that the claimed defect was the
result of negligence on the Para of
the City, and recommend that hhe
claim be denied,
Respectfully,
T. H, Nelson
Councilman Welu moved that
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
October 28, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
I have examined the claim of
Patricia E, Milks, 882 Cleveland
Avenue, for damages sustained
September 20, 1957 at ~~the intersea
tion of Loras Boulevard and Bluff
Street and have examined the
claimed defect, and find the street
is substantially in the same condi-
tion as originally constructed and,
in my opinion, the claimed defect
is not such as ~to constitute a nuis-
ance, and therefore recommend
that the claim be denied.
Respectfully submitted,
T. H. Nelson
13egular Session, November 4, 1957 427
Councilman Welu moved than
the recommendation of the City
Solicitor be approved. Seconded by
Councilman Kintzinger, Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 1, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
Mr. Charles L. Coffey of 2050
Deborah Drive, has refiled his
claim far water damages, which
had previously been denied by
your Body. In view of hhe fact that
the re-filed claim set up no new
matter, I felt there was no reason
to take any further action on the
same.. However, Mr. Coffey has
orally requested me to make an-
other recommendation to you for
the record, and I have agreed Ito
oblige him to that extent.
The claim is based upon dam-
e ages sustained from water running
across his property from Deborah
Drive. His property is located at
the low point on Deborah Drive
and the water passes over his
property in heavy rain storms as
part of the natural drainage of hhe
area. The .City has attempted to
alleviate 'his problem by installing
a storm sewer and catch basin and
by enlarging ahe opening of the
catch basin.
You are advised that under the
Law the City has the right ho im•
prove, grade, and surface streets
and construct drainage systems.
If, as a necessary incident ho carry
ing out its statutory powers, the
City casts surface water on abutt•
ing property there is no liability
provided hhe following conditions
exist:
1-That the improvement was
designed by a competent engineer;
2-That the improvement was
constructed in accordance with the
engineer's design;
3-That the water is discharged
from the street in the course of
natural drainage;
4-That there has been no ap•
preciable increase of hhe area
drained although there may, as a
result 'of the improvement, be an
increase in quality or force of the
water.
This rule has been established
under a long line of Iowa decision
and is very clearly discussed and
re-affirmed in Cole vs. Des Moines,
212 Iowa 1270, which was a case
involving almost an identical set
of fact and in which the Supreme
Court held that there was no liabil-
ity on the part of the City.
I therefore recommend that your
original action in denying bhe
claim be re-affirmed.
Respectfully submitted,
T, H, Nelson
Councilman Welu moved Ghat
the recommendation of the City
Solicitor be approved. Seconded
by Councilman Schueller, Carried
by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
October 31, 1957
Honorable Mayor and Members
of the City Council,
City of Dubuque, Iowa
Gentlemen:
Northern Natural Gas Company
operates. an interstate pipe line
which in the past has supplied
natural gas to North Central Pub-
lic Service Company, the natural
gas distributor in Dubuque. Its
rates and service are controlled by
the Federal Power Commission. Al-
though the cost of gas to the dis-
tributing company affects the cost
of gas to the ultimate consumer,
this office has not actively partici-
pated in any hearing before hhe
Federal Power Commission be-
cause we felt that our interests in
this regard were adequately pro-
tected by the distributing company.
Now the pipeline company is
also !the distributing company and
the interests of the Dubuque con-
sumers are not represented before
the Federal Power Commission,
There is no reason to believe
that our relations with the new'
franchise holder will be other !than
amicable but, in my opinion, mod-
ern concepts of the duties of local
government require us to keep in-
formed on the nature and status
of proceedings before the Federal
Power Commission in so much as
they affect the supply and cost
of gas Ito the consumer in Dubuque
and the preservation of a sound
and efficient distributing company
here.
X28 ~egulttr Session, November 4, 195'
It has 'been .the experience of
this office in the past that, when
..dealing with Federal agencies in
Washington on matters involving
protraoted hearings, it is less ex-
pensive and more satisfactory to
retain the assistance of Washing-
ton counsel -than for local officials
to be making frequent trips to
Washington.
The .firm of Bowen and Scoutt
has served Dubuque in this ca-
pacity before the Civil Aeronautics
Board for several years and the
arrangement has proved satisfact-'
ory to the Airport Commission,
Their charges are $25.00 per hour'...
and expenses.
1 recommend that this -office be
authorized to retain the assistance',
of Bowen and .Scoutt to perform'.
such services as .may be .required ,',
from time to time in connection ';
with matters pending before the;
Federal Power Commission.
Respectfully,
T, H. Nelson.
Mayor Dove moved that the re-,
commendation of the City Solicitor
be approved with the proviso that.
the City Solicitor and City Manager
concur in matters of any conse-
quence as they occur. Seconded
by Councilman Welu, Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None. .
November i, 1957
Honorable Mayor and Members of
the City Council of 'the
City of Dubuque, Iowa
Gentlemen;
Pursuant to our discussion with
your representatives, Dubuque
Container Company of St. Regis
Paper Company of New York here-
by offers to purchase the 14 acre
tract of .land in Dubuque Indust-
rial Park .adjoining the south line
of the 55.56 acre Harnischfeger
ract (also known as Block 5 of
Riverfront.Subdivision No. 3), or in
the event the existing option is
exercised, immediately adjoining
the south line of the 75,56 .acre
Harnischfeger tract, upon the fol-
lowing terms .and conditions;
1. City will :grade the land to
a mean elevation comparable to
611,7 .feet above sea level (U.S,
Engineers datum) at the north;end
of Block No. 5 at City expense;
2. City will properly prepare
and record a plat assigning a des•
criptive lot .number to the tract;
3, City will furnish an abstract
of title showing good and mer-
chantable title in City of Dubuque,
Iowa;
4, We will agree to construct
on this tract prior to January 1,
1960, a factory building containing
not less than 80,000 square feet of
ground floor area, and in the event
we fail to do so, title will revert
to the City and the deed shall so
provide;
5. The purchase price shall be
$2,000.00 per acre or a total of
$28,000 payable as follows;
$2,800 upon delivery of the
City's deed conveying the
above property;
:$25;200 when construction
of the factory building is
started;
6, The City shall reserve ease-
ments for sewers and access to
maintain he riprap as subsequent-
ly agreed upon,-and the City shall
make available public land for
railway .access to the premises,
7. We will pay any federal doc•
umentary tax attaching to t h e
transaction,
In the event you accept this of-
fer it is .understood that City will
have a reasonable time in which
to prepare a plat and abstract of
title :and .purchaser will have a
reasonable time to examine the
title.
DUBUQUE CONTAINER CO.
.Division of St. Regis Paper Co,
By Frank L, Wagner, President.
Mayor Dove moved that the com-
munication be referred to the
Dock Commission. Seconded by
Councilman Welu. Carried by the
fallowing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
.Council .proceedings for t h e
month of May 1957, presented for
approval. Councilman Welu mov
ed that the Council proceedings
for the month of May 1957 be ap•
.proved as printed, Seconded by
Kintzinger. Carried by the follow
.ing vote;
Yeas-Mayor Dove, Councilmen
:Kintzinger, Kolb, Schueller Welu,
Nays-None
Regular Session, November 4, 1957 429
Notice of claim of Stephen J.
Welu of 2340 Abbott street, in the
amount of $25.00, for car damage
sustained as the result of striking
a hole in Rosedale Avenue on
October 30, 1957, presented and
read. Councilman Welu moved that
the claim be referred to the City
Solicitor for investigation and re•
port, Seconded by Councilman
Kintzinger, Carried by the follow-
ing vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None
Proof of Publication, certified
to by the Publisher, of notice of
public hearing on Ordinance No.
57.57, an Ordinance Amending the
Zoning Ordinance by Changing the
Zoning Classification of Lot 2 of
Lot 1 of Block 3 Hillcrest Heights
from Single Family residence Dis-
trict to Local Business District
"A" Classfication, presented and
read. Councilman Welu moved that
the proof of publication be receiv-
ed and filed. Seconded by Council-
man Kolb, Carried by the follow
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
ORDINANCE ND. 57.57
An Ordinance Amending the Zon•
ing Map and Zoning Ordinance of
the City of Dubuque, known as Or-
dinance No. 3.34, by Changing the
Zoning Classification of Lot 2 of
Lot 1 of Block 3, Hillcrest Heights
from Single Family Residence Dis-
trict Classification to Local Business
District District "A" Classification,
said ordinance having been passed
upon first reading on October 7,
1957 and ordered placed on file
with the City Clerk for public in•
spection pending public hearing
on November 4, 1957 was present-
ed for final adoption.
ORDINANCE NO. 57.57
An Ordinance Amending the Zoning
Map and Zoning Ordinance of the
City of Dubuque, known as Ordi-
nance No. 2-34, by changing the
Zoning Classification of Lot 2 of Lot
1 of Block 3, Hillcrest Heights
from Single Family Residence Dis-
trict Classification to Local Busi-
ness District "A" Classification.
Be It Ordained By The City Coun-
cil Of The City Of Dubuque, Iowa:
Section 1. That the Zoning Map
and Zoning Ordinance of the City of
Dubuque, be and the same is hereby
amended by changing the zoning
classification of
Lot 2 of Lot 1 of Bloclt 3, Hill-
crest Heights in the city oP Du-
buque, Dubuque County, Iowat
from Single Family Residence District
Classification to Local Business Dis-
trict AClassification,
Section 2. This Ordinance shall be
in full force and effeot from and after
its final passage, adoption and publi-
cation as by ]aw provided.
Introduced the 7th day of October,
1957.
Rule requiring reading on three
separate days suspended by unani-
mous vote the 7th day of October,
is57.
Passed by recorded roll-call vote,
adopted and approved this 4th day of
November, 1957.
CHARLES E, DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen,
Attest: Leo F. Frommelt
City Clerk
Published officially in The Tele-
graph-Herald Newspaper this 8th day
of November 1957.
LEO F. FROMMELT,
1t. 11/8 City Clerk,
Councilman Kolb moved the
adoption of the Ordinance, Second•
ed by Councilman Kintzinger. Car-
ried by the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
Petition of N, J. Yiannias of
1028 University Avenue, request-
ing the establishment of a grade
for the un-opened 100 feet of the
alley connecting Randall Place and
Rider street between Grandview
Avenue and Bradley streets and
also that the alley be opened to
Rider street, presented and read,
City Manager Schiltz made a ver-
bal recommendation that the grade
be set and the alley be graded
provided it does not damage ad-
j o i n i n g property. Councilman
Welu moved that the recommen•
dation of the City Manager be ap•
proved. Seconded by Councilman
Kintzinger, Carried by the follow-
ing vote:
Yeas-Mayor Dave, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None
Petition of Leo F, Bigelow re•
questing a refund of $2,14 for an
item of interest that was paid in
error on special assessment for
the improvement of West Eighth
street presented and read. Council-
man Welu moved that the refund
be granted and the Auditor in-
structed to draw a warrant payable
to Lea F. Bigelow in the amount of
$2,14, to be drawn from Special
Assessment Fund No, 1194. Sec-
onded by Councilman Kolb.
430 Regular Session, November 4, 1957
Carried by the following vote:
Yeas-Mayor Dove, Counsilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
Petition of Hogan Insurance
Agency requesting a letter of term-
ination of the Sidewalk bond of
Cletus Palm which expired on
September 26, 1957, presented and
read. Councilman Welu moved
that the petition be granted pro
viding there are no outstanding
claims, 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 notice of
hearing to consider the proposal to
dispose of Lot 2 of Block 16A in
Dubuque Harbor Company Ad-
dition to the City of Dubuque, to
Thomas J, Mulgrew Co, for the
sum of $750, presented and read.
Councilman Schueller moved that
the proof of publication be receiv
ed and filed, Seconded by Council-
man Kolb. Carried by the follow-
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
No objections were filed and no
objectors were present in the
Council Chambers at the time set
for the public hearing.
RESOLUTION N0. 218.57
Whereas, Thomas J. Mulgrew
Company has offered to purchase
Lot Two of Block 16A in Dubuque
Harbor Company's Addition to the
City of Dubuque, Iowa for the sum
of $750; and
.Whereas, the City Council has
determined that said property is
not presently required for public
use and that it is in the best
public interest that said offer be
accepted;
NOW THEREFORE, BE 1T RE-
SOLVED BY THE CITY COUNCIL
OF THE CITY OF DUBUQUE,
Section 1, That Lot Two of
Block 16A in Dubuque Harbor
Company's Addition to the City of
Dubuque, Iowa, be and the same
is hereby conveyed to Thomas J.
Mulgrew Co., and the Mayor and
City Clerk authorized and direct-
ed to execute and deliver a Quit
Claim Deed conveying all right,
title and interest of the City of
Dubuque in said lot and to deliver
said deed upon receipt of the sum
of $750;
Section 2. That the City Clerk
be and he is hereby authorized
and directed to record a certified
copy of this Resolution in the
office of the County Recorder of
Dubuque County, Iowa.
Notice of hearing on the fore-
going Resolution published in the
Telegraph Herald October 14th,
1957 and October 21st, 1957.
Passed and adopted after public
hearing, by reco-rded roll call vote,
November 4th, 1957,
CHARLES E, DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N, SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Payment received in full, Nov
ember 6th, 1957.
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
public hearing to consider the ex-
ecution of a transmission line ease-
ment to be granted to the Inter-
state Power Company, a Delaware
Corporation across Government
Lots 2 and 3 and the slough be-
tween Congressional Lot 8 and
Government Lot 3 and the filled
in slough between Government Lot
2 and Government Lot 3, all iriFth@
City of Dubuque, Dubuque County,
Iowa one hundred and fifty feet
(150') in width, and lying seventy
five feet (75') on either side of the
center line of said relocated trans-
mission line, together with the
right and priviege to trim and cut
down any trees within seventy-
five feet (75') of each of the out-
side conductor of said relocated
line and the further right to enter
upon the above described premises
at any time for the purpose above
Regular Session, November 4, 1957 431
set forth, presented and read.
Councilman Welu moved that the
Proof of Publication be received
and filed, Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
No objections were filed and no
objectors were present in the
Council Chambers at the time set
for the public hearing.
RESOLUTION N0. 203.57
Whereas, City of Dubuque has,
pursuant to its agreement of Sep-
tember 8, 1942, requested Inter-
state Power Co. to relocate its
Lancaster, Wisconsin transmission
line where the same crosses City
property; .and
Whereas under the terms of said
agreement City has agreed to pro-
vide an easment for said line as
relocated; and
Whereas, on the 4th day of No-
vember 1957, a public hearing was.
held pursuant to published notice
on the proposal to grant said ease-
ment at which hearing all interest-
, ed parties were afforded an op-
portunitg to appear and be heard;
NOW THEREFORE, BE IT RE-
SOLVED BY THE CITY COUNCH,'
OF THE CITY OF DUBUQUE:
Section i. That I n t e r s t a t e
Power Company, a Delaware Cor-
poration, be granted an easement
for a transmission line across
Government Lots 2 and 3 and the
slough between Congressional Lot
8 and Government Lot 3 and the
filled-in slough between Govern-
ment Lot 2 and Government Lot 3,
a 11 i n the City of Dubuque,
Dubuque County, l o w a, o n e
hundred and fifty feet (150') in
.width, and lying seventy-five (75')
on either side of the center of said
' relocated transmission line, togeth•
er with the right and privilege to
trim and cut down any trees with-
in seventy-five feet (75') of each
side of the outside conductor of
said relocated line, and the further
right to enter upon the above de-
scribed premises at any time for
the purpose above set forth;
Section 2. That the Mayor and
City Clerk be and they are hereby
authorized to execute said Ease•
ment on behalf- of the City of
Dubuque;
Section 3. That the City Clerk
be and he is hereby authorized to
record a certified copy of this
Resolution in the office of the
County Recorder of D u b u q u e
County, Iowa,
Passed and adopted by unan-
imous record roll call vote No-
vember 4th, 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest; Lea 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
TRANSMISSION LINE
EASEMENT
KNOW ALL MEN BY THESE
PRESENTS: That CITY. OF DU-
BUQUE, IOWA, a municipal cor-
poration of Iowa, in consideration
of One and no/100 Dollars ($1,00)
to it paid by INTERSTATE POW-
ER COMPANY, a Delaware Cor-
poration, the receipt of which is
hereby acknowledged, grants said
corporation, its successors and as-
signs, forever, the right, privilege
and authority to construct, operate,
maintain and remove lines for the
transmission of electric energy, in-
cluding necessary poles, wires,
guys, stubs and other fixtures,
over, across and .upon the follow-
ing described real estate owned by
it and located in the County of
Dubuque, State of Iowa, to-wit:
Government Lots Two (2) and
Three (3) and the Slough be-
tween Congressional Lot 8 and
Government Lot 3 and the ,filled
in slough between Government
Lot 3 and Government Lot 2, all
in Section Nineteen (19), Town-
ship Eighty-Nine (89) North,
Range Three East of the 5th
P.M,, according to the Govern-
ment Survey thereof.
This easement for the re-located
Lancaster, Wisconsin steel tow-
er transmission line provides for
j: ,:
t
~;
432 Regular Session, November 4, 1957
a strip of land seventy-five feet
(75') on either side of the center
line of said transmission line as
re-located, being shown outlined
in green ink and appropriate
legend on the attached plat
marked Easement Exhibit "A"
and made a part hereof,
together with the right, privilege
and authority to trim or cut down
any trees within 75 feet of each
side of the outside conductor of
said line; and also the right to
enter upon the above described
premises at any and all times for
the purposes above set forth.
This easement is subject to the
terms and conditions of Agreement
entered into September 8th, 1942,
by and between the Interstate Pow•
er Company and the City of Du•
buque, Iewa, acting by and through
its Board of Commissioners of Pub-
lic Docks.
DV WITNESS WHEREOF, we
have hereunto set our hands this
4th day of November, A. D. 1957.
(CITY SEAL)
CITY OF DUBUQUE, IOWA
By Charles E. Dave, Mayor
Attest: Leo F, Frommelt
City Clerk.
STATE OF IOWA )
DUBUQUE COUNTY] SS.
On this 4th day of November,
A, D. 1957, before me, a Notary
Public in and far Dubuque County,
Iowa, personally appeared C. E.
Dove and Leo F. Frommelt, to me
personally known, who being first
duly sworn by me, did say that they
are the Mayor and Clerk, respec-
tively, of the City of Dubuque,
Iowa; that the Seal affixed to the
aforesaid instrument is the Seal of
the City of Dubuque, Iowa, an Iowa
municipal corporation; and that
said instrument was signed and
sealed on behalf of the City of Du-
buque, Iowa, by authority of a
Resolution duly adopted by the
City Council of the City of Du-
buque, Iowa, an the 4th day of
November A. D, 1957; and the said
C. E, Dove as Mayor and Leo F.
Frommelt as Clerk of the said
City of Dubuque, Iowa, acknowl-
edged the execution of the afore-
said instrument to be the vpluntary
act and deed of the City of Du-
buque, Iowa, by it and by them
voluntarily executed.
Geraldine L, Jenni
Notary Public in and for
Dubuque County, Iowa
(Notarial Seal)
November 1,1957
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Fischer Investment Company has
offered to purchase Lot "B-11"
Booths Addition, which is part of
a vacated alley,
This property has been appraised
at $450.00 by the Dubuque Real
Estate Board, Fischer Co, has paid
for the platting of this parcel of
property which amounted to $27.50.
I recommend that the property
be sold to Fischer Investment
Company for $422.50 which is the
difference between the appraised
price and the cost of platting,
Respectfully submitted,
L. J, Schutz
City Manager.
Councilman Kolb moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Welu, Carried by the
following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO, 219.57
A resolution authorizing
the conveyance of Lot B -11
Booth's Addition in the C i t y
of Dubuque to Fischer Invest•
ment Company for the sum of
$422,50, presented and read, Coun-
cilman Welu moved the approval
of the resolution subject to a pub-
lic hearing to be held on the 9th
day of December 1957 at 7:30
o'clock P. M. in the Council Cham-
ber at the City Hall and that the
City Clerk be instructed to publish
notice of the hearing in the man-
ner required by law. Seconded by
Councilman Kintzinger. Carried
by the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kalb, Schueller, Welu.
Nays-None.
Regular Session, November 4, 1957 433
November 4, .1957
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
The Montana Street-Merfeld Lane
Sanitary Sewer has been completed
in accordance with plans and speci-
fications by the McDonnell Exca-
vating Service of Dubuque, Iowa.
I recommend that the improve-
ment be accepted.
Respectfully submitted,
L. J. Schutz
City Manager
Councilman Kolb moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Schueller. Carried by
the following votes:
Yeas-Mayor Dove, Councilmen
Kintzinger, :Kolb, Schueller, Welu.
Nays-None.
That.$12,903.79 of the cost thereof
shall be assessable upon private
property and $315.00 shall be paid
from the 162J2 Fund of the City
of Dubuque.
Passed, adopted and approved
this 4th day of November, 1957.
CHARLES E. DAVE
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.
FINAL ESTIMATE
CITY OF' DUBUQUE, IOWA
Resolution No. 220.5T
WHEREAS, the contract for the'
construction of an eight (8) inch
sanitary sewer beginning at the
existing manhole at the intersec-
tion of Marmora Avenue and Pen-
nsylvania 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 the
West 1/z of Lot 1 of 3 of Wilson Du-
buque, thence 145' southerly from
the intersection of Montana 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 i-1.8 and 9 of Wilson's
Dubuque.
has been completed and the City
Engineer has submitted his final
estimate showing the .cost thereof
.including the.cost of estimates, no•
tices, inspection, and preparing the
.assessment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the city of Dubuque.
That .the cost of said improve-
ment is hereby determined to be
$13,218,79.
(A Resolution Accepting Improve•
ment and Directing the Clerk
to Publish Noiice). -'
City of Dubuque, Iowa
RESOLUTION N0. 221.57
WHEREAS, the contract for the
construction of an eight (8) inch
sanitary sewer beginning at the
existing manhole at the intersec-
tion of Marmora Avenue and Peh-
nsylvania 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 the
West ~z of Lot 1 of 3 of Wilson Du-
buque, .thence 145' .southerly from
the intersection of Montana 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 #rom the
center line of Montana .Street
through Lot 1-1.8 and 9 of Wilson's
Dubuque.
has been completed and the City
Manager has examined the work
and filed his certificate stating
that the same has been completed
according to the terms of the con-
tract, plans and specifications and
recommends its .acceptance, now
therefore,
BE IT RESOLVED, by the City
i',
''
434 llegular Session, November 4, 1957
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted and the City
Engineer be and is hereby directed
to prepare a plat and schedule
showing the lots or parcels of real
estate subject to assessment for
said improvement and file the same
in the office of the City Clerk sub•
ject to public inspection and said
Clerk shall upon receipt of such
plat and schedule publish the no-
tice of the Council's intention to
levy special assessments therefor,
as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of sewer
bonds issued upon the above de-
scribed improvement in amount
equal to the amount of his con-
tract,less any retained percentage
provided for therein,
Passed, adopted and approved
this 4th day of November, 1957.
CHARLES E. DOVE
Mayer
CLARENCE P, WELD
RAY F, KOLB
LOE N.SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: Leo F. Frommelt
City Clerk
Councilman Kolb moved t h e
adoption of the resolution. Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen.
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 4,1957
To the Honorable Mayor
and City Council,
Dubuque, Iowa
Gentlemen:
On November 1, 1956 Mrs. Jane
Hartshorn holder of Beer Permit
No. 36 was convicted of possessing
intoxicating liquor where beer is
sold and selling beer to minors.
I recommend that this license be
revoked by the City Council and
the police chief be instructed to
pick up the City and State licenses.
Respectfully submitted,
L. J, Schlitz,
City Manager
Councilman Welu moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO. 222.57
WHEREAS, this Council on the
3rd day of June, 1957, caused to
be issued a Class "B" Beer Per-
mit bearing the Number 36 to Mrs.
Jane Hartshorn of Dubuque, Iowa,
operating at 574 East 16th Street in
the City of Dubuque; and
WHEREAS, it has come to the
attention of this Council that the
owner and holder of said permit
has been found guilty of violating
the Beer Ordinance of the City of
Dubuque passed pursuant to Chap-
ter 124 Code of Iowa: NOW,
THEREFORE;
BE IT RESOLVED by the City
Council of the City of Dubuque
that Class "B" Beer Permit No.
36 heretofore issued to Mrs. Jane
Hartshorn of Dubuque, Iowa, be
and the same is hereby revoked
and the Chief of Police is directed
to take up such permit forthwith
and return the same for cancella-
tion.
Passed, adopted and approved
this 4th day of November, 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 t h e
adoption of the resolution. Sec-
onded by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO. 223.57.
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of law
relating to the sale of cigarettes
within 'the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within.. said
City,
1legular Session, November 4, 1957
Mrs. Margaret Kelly, 1415 Rhom-
berg Avenue.
Margaret Duggan, 475 Central
Avenue.
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adapted and approved
this 4th .day of November, 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. 5CHUELLER
CHARLES A, KINTZINGER
Councilmen
Attest: Leo F, Frommelt
City Clerk
Councilman Kolb moved t h e
adoption of the resolution. Second-
ed by Councilman Welu. Carried
by the following vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION NO. 224.57
WHEREAS, applications for Class
"B" Beer Permits have been sub-
mitted to this Council for approval
and the same have been examined:
NOW THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the fallowing applications be
granted and licenses be issued upon
the compliance with the terms of
the ordinances of this City
CLASS "B" PERMIT
Benedict F. Erschen, 2620 Uni-
versity Avenue.
David L. Hickey, 107 Locust
Street,
Margaret Duggan, 475 Central
Avenue.
Emil 0. Thompson, 75 East 4th
Street.
Clarence P. Haupert,1703 Asbury
Street.
John Beecher, 2399 White Street.
Herbert and Mildred Meyer, 735
Central Avenue.
Vincent E, Teeling, 115 East 2Lnd
Street,
Mrs. Louise Pitz, 2995 Central
Avenue.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Veterans of Foreign Wars, Post
No. 9663, Gerald F, Winters, 2203
Carter Road.
435
Passed, adopted and approved
this 4th day of November, 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 t h e
adoption of the resolution, Second-
ed by Councilman Welu. Carried
by the following vote:
Yeas-Mayor Dave, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 225.57
WHEREAS, heretofore applica-
tions for Class "B" Beer Permits
were filed by the within named ap•
plicants and they have received the
approval of this Council; and
WHEREAS, the premises to be
occupied by such applicants were
inspected and found to comply with
the ordinances of this City and they
have filed proper bonds: NOW,
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the Manager be and he is directed
to issue to the following named
applicants a Beer Permit.
CLASS "B" PERMIT
Benedict F. Erschen, 262D Uni-
versity Avenue.
David L. Hickey, 107 Locust
Street.
Margaret Duggan, 475 Central
Avenue.
Emil 0. Thompson, 75 East 4th
Street.
Clarence P. Haupert,1703 Asbury
Street,
John Beecher, 2399 White Street.
Herbert and Mildred Meyer, 735
Central Avenue.
Street.
Vincent E. Teeling,115 East 22nd
Street.
Mrs. Louise Pitz, 2995 Central
Avenue.
CLASS "B" PERMIT FOR
PRIVATE CLUB
Veteran of Foreign Wars, Post
No. 9663, Gerald F. Winters, 2203
Carter Road.
BE IT RESOLVED that t h e
bonds filed by such applicants be
and the same are hereby approved.
436 Regular Session, November 4, 1957 Special Session, November 6, 1957 437
~.
,..
~s -
~~ Passed, adopted and approved There being no further business ~~ -~~ ~ i ~ ~~ ~ , , : ,,I vember 5, 1957, and acting on any
this 4th day of November, 1957. Councilman Kolb moved to adjourn, ~ ! { ~ ' { ~, ~ ~ '. ~ i other business as may properly
I i r,
C A E e n
~ I ~~' H RL S E. DOVE S co ded by Councilman Kintzin • , . , ~ I , .
~ g ~J ~ ~ _i .. _ I ~, , ~gi ' ~ come before a regular meeting on
Mayor er. Carried by the following vote; (OFFICIAL) the City Councih
CLARENCE P• WELU Proof of Publication, certified
~ Yeas-Mayor Dove, Councilmen Special Session, November 6, to by the Publisher, of Regular
RAY F. KOLB Kintzinger Kolb Schueller Welu• 1957.
LEO N. SCHUELLER Municipal Election Ballot far can-
CHARLES A, KINTZINGER Council met at 7,30 P.M, didates for Councilmen and Park
~ Nays-None. Present-Ma or Dove, Council- Commissioner for the City of
Councilmen Y
Attest; Leo F. Frommelt Leo F. Frommelt ' men Kintzinger, Kolb, Schueller, Dubuque, Iowa, said Regular Mu•
Cit Clerk Cit Clerk Welu. City Manager Schiltz,
Y Y nicipal Election held on Tuesday,
Ma o
r Dove re
i Y ad the call and November 5, 1957, presented and
I Councilman Kolb moved the stated that service thereof had read. Councilman Kolb moved that
'; adoption of the resolution. Sec• Approved ...............................1958• been daily made and that this the proof of publication be receiv-
' onded by Councilman Schueller. meeting is called for the purpose ed, and filed, Seconded by Council-
Carried by the following vote; Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958. of declaring the results of the Reg- man Welu, Carried by the follow-
.. Yeas-Mayor Dove, Councilmen uiar Municipal Election held- Nov- in
Kintzin er Kolb Schueller, Welu• °°°°~°°°°°°°°~°°°°°° g vote:
g ~ ~ ember 5, 1957 and also declaring Yeas-Mayor Dove, Cauncilrnen
Nays-None, the results of the issue of Daylight Kintzinger, Kolb, Schueller, Welu.
..........................•,,,,,•.,.• Savings Time voted u on on No- Nays-None.
Councilman Kolb moved that the p
rules
be suspended in order to let November 6, 1957
anyone present address the Coun Councilmen ,
To the Members of the City Councrl,
cil if they so desire. Seconded by City Hall,
Councilman Kintzinger• Carried Dubuque, Iowa,
by the following vote: .......................•,,,.,.•,,,.,,•
Yeas-Mayor Dove, Councilmen Gentlemen;
Kintzinger, Kolb, Schueller, Welu• In accordance with the provisions of Section 5021 of the 1954 Code
II Nays-None. °°°°°•°°••°° °°°•°°~°° of Iowa, on November 6, 1957, we made a public canvass of hhe election
returns of the Regular Municipal Election held on November 5, 1957, and
Mr. David Hickey of Cardiff Attest : ...... ................................•.,•. herewith swbmit the report of the results of said canvass.
street addressed the Council re- City Clerk
questing that something be done
to curb the water that runs from COUNCILMEN c mm.
the City s water tower over his Reg, Term
sidewalk thereby creating a very
hazardous condition during freez- ~ ~~ ~~ v ~ ~~
ing weather, Mayor Dove moved ~ ~ ~ ~ ~, ~ ~ s~
that the matter be referred to the q,~ o ,~, ~ ~ ~ ~ ~ ~ ~ o ~ ~ Total
City Manager. Seconded by Coun- p° ~' •~ °' ®~ ° u a ro s c~i Votes
Pr a1
ecmct ~` ~~ elm ,~vt
aH ~a~ Cest
Gilman Welu, Carried by the fol- 1st ...,.,...,,. 208 942 403 498 488 828 496 1244
lowing vote: 2nd .,,.,,,.,, 194 993 426 529 526 792 560 1277
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu. 3rd .,...,...,,. 123 574 215 252 287 483 294 708
Nays-None. 4th .,...,,.,,,, 132 395 153 206 230 313 226 524
Councilman W e 1 u called the 5th ..,....,,,,, 156 670 242 389 332 507 381 838
Council's attention to the flagrant Gth •........... 274 978 484 571 558 757 618 1342
violation of the opening of nine- 7th ..,,.,.,..,. 130 .282 147 147 206 213 185 428
teen water hydrants in various 8th ,,.,.,,.,,,, 128 412 173 231 249 321 248 562
parts of the City, as occurred re- 9th ,..,,.,.,,,, 132 378 159 179 275 268 222 518
Gently, by same very irresponsible 10th ...,,,.,..,, 239 645 273 346 367 513 412 886
citizens either juvenile or adult. 11th .,....,.,,,, 237 589 268 294 364 417 335 788
Councilman Welu moved that if
possible, more severe measures 12th ,,..,,.,,,,, 190 493 247 232 341 368 259 ~ 697
should be adopted against those 13th ......,,,.., 262 619 274 285 513 458- 303 891
citizens who deliberately open wa- 14th .,.,,,,.,.,, 401 886 408 461 584 645 498 1225
ter hydrants, purely in the spirit 15th .,,.,..,.,., 287 624 376 347 419 435 406 934
of levity and destruction, and the
matter be referred ~to the City 16th ,,..,.,,,,,, 163 532 260 294 305 437 331 731
Solicitor for an opinion. Seconded Totals .........,3256 10012 4508 5261 6044 7755 " 5774 13593
by Councilman Kolb. Carried by
the following vote: We, Charles E, Dove, Mayor of the City of Dubuque, Iowa and Leo
Yeas-Mayor Dove, Councilmen F• Frommelt, City Clerk of the City of Dubuque, Iowa do hereby certify
Kintzinger, Kolb, Schueller, Welu.
Nays-None,that we publicly canvassed the election returns of the REGULAR MU-
43$ Special Session, November 6, 1957
NICH'AL ELECTION held on November 5, 1957 and find the following
results:
NOMINATED BY GENERAL ELECTION FOR COUNCILMEN:
GEORGE A. FREUND,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,10012 VOTES
PETER J. TAKOS ............... ........................... 7755 VOTES
LEO N. SCHUELLER ......... ........................... 6044 VOTES
NOMINATED BY GENERAL ELECTION FOR PARK COMMIS-
SIONER;
ARTHUR M, BENNETT ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,, 5774 VOTES
TOTAL NUMBER OF VOTES CAST,,,,,,,,,,,,,,13593,
Respectfully submitted,
CHARLES E, DOVE,
Mayor.
LEO F. FROMMELT,
City Clerk.
Councilman Welu moved that the communication be received and
made a matter of record. Seconded by Councilman Kintzinger. Carried
by the fallowing vote:
Yeas-Mayor Dave, Councilmen Kintzinger, Kolb, Schueller, Welu,
Nays-None,
RESOLUTION N0. 226.57 Passed, adoped and approved
WHEREAS, the Mayor and City this 6th day of November, 1952
Clerk have heretofore. pursuant to CHARLES E. DOVE
the provisions of Section 50.21, met Mayor
and canvassed the returns of the CLARENCE' P, WELD
REGULAR MUNIGI;PAL RAY F, KOLB
ELECTION held in the City of LEO N. SCHUELLER
Dubuque, November 5, 1957 and CHARLES A, KINTZINGER
certified the result of their can- Councilmen
vass to the City Council; Attest: Leo F
Frornmelt
and .
'City Clerk
WHEREAS, the City Council has
examined said certificate and finds Councilman Welu moved the
that the following have been elected adoption of the resolution, Second-
for the following offices: ed by Councilman Kolb. Carried
COUNCILMAN FOR TERM by the following vote;
COMMENCING Yeas-Mayor Dove, Councilmen
JANUARY 1, 1958 Iintzinger, I{alb, Schueller, Welu.
GEORGE A, FREUND Nays-None,
PETER J. TAKOS
LEO N, SCHUELLER Proof of Publication, certified to
PARK COMMISSIONER by the Publisher, of Mayor's Proc-
REGULAR TERM COMMENCING lamation on the issue of Daylight
JANUARY 1, 1958 Saving Time, presented and read,
ARTHUR M, BENNETT Councilman Welu moved that the
Section 1. That GEORGE A, proof of publication be received
and filed, Seconded by Councilman
FREUND, PETER J. TAKOS and Schueller, Carried by the follow-
LEO N, SCHUELLER are hereby ing vote:
declared elected to the office of yeas-Mayor Dove
Councilmen
Councilman of the City of Dubuque ,
Kintzinger
Kolb
Schueller
Welu,
for the terms commencing on or ,
,
,
Nays-None
before noon of the second secular
day of January 1958. Proof of publication, certified to
Section 2. That ARTHUR M. by the Publisher, of Ballot for
BENNETT is hereby declared Daylight Saving Time Proposition,
elected to the office of Park Com- presented and read, Councilman
missioner for the regular term. Welu moved that the proof of pub•
Section 3, That the City Clerk lication be received and .filed.
be and he is hereby authorized and Seconded by Councilman Kolb,
directed to issue certificates of Carried by the fallowing vote:
election to the foregoing individu- Yeas-Mayor Dove, Councilmen
als for the respective offices to Kintzinger, Kolb, Schueller, Welu,
which they have been elected. Nays-None.
Special Session, November 8, 1957 439
November 6, 1957,
To the Members of the City Council,
City Hall, Dubuque, Iowa.
Gentlemen:
We have made a public canvass of the election returns on the fol-
lowing question submitted to the electors of the City of Dubuque on
November 5, 1957.
SHALL THE FOLLOWING PUBLIC MEASURE BE ADOPTED?
YES NO
"SHALL THE CITY OF DUBUQUE, IOWA, OBSERVE DAY•
'LIGHT SAVING TIME OF ONE HOUR PER DAY FROM THE
LAST SUNDAY IN APRIL TO THE LAST SUNDAY IN SEP-
TEMBER, INEACH YEAR, BEGINNING WITH THE LAST
SUNDAY IN APRIL, 1958?
and herewith submit the report of the results of said canvass.
Precinct Yes No Total
1st ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 598 546 1144
2nd ...................................................... 686 533 1219
3rd ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 225 432 667
4th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 190 294 484
5th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 373 413 786
6th ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,, 619 576 1195
7th ...................................................... 124 261 385
8th ...................................................... 220 315 535
9th ...................................................... 180 289 469
10th ...................................................... 374 448 822
11th ...................................................... 256 487 743
12th ...................................................... 252 431 683
13th ,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 297 536 833
14th ...................................................... 438 726 1164
15th ...................................................... 370 547 917
16th ...................................................... 369 331 700
Totals ..................................................5571 7165 12736
We, Charles E. Dove, Mayor of the City of Dubuque, Iowa, and Leo
F. Frommelt, City Clerk of the City of Dubuque, Iowa, do hereby certify
that we publicly canvassed the election returns of public measure of
DAYLIGHT SAVING TIME held on November 5, 1957 and find the fol•
lowing results:
YES,,.....,5571 NO....,...7165 TOTAL...,...,12736
Respectfully submitted,
LEO F, FROMMELT, CHARLES E. DOVE,
City Clerk. Mayor,
Councilman Welu moved that the communication be received and
made a matter of record. Seconded by Councilman Kolb, Carried by
the following vote:
Yeas-Mayor Dove, Councilman Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 221.57 Last Sunday in September, in Each
WHEREAS the Mayor and City Year, Beginning with the Last
Clerk of the City of Dubuque today Sunday in April, 1958?
met and canvassed the votes cast WHEREAS the result of such can-
at the Regular Municipal Election, vass was found to be as follows:
on the following question submitt- Yes-5571 Votes No-7165 Votes
ed to the electors of the City of Total-12736 Votes:
Dubuque: and
SHALL THE F O L L O W IN G WHEREAS it appears from such
MEASURE BE ADOPTED? canvass that such public measure
YES NO as voted upon was defeated by a
"Shall the City of Dubuque, majority of those voting thereon;
Iowa, Observe Daylight Saving NOW THEREFORE BE IT RE-
Time of One Hour per Day from SOLVED BY THE CITY COUNCIL
the Last Sunday in April to the OF THE CITY OF DUBUQUE;
440 Special Session, November 6, 1957
Section 1. That the City Coun-
cil accepts the result of said elect-
ion as the official expression of
the will of the people of the City
of Dubuque on the issue of Day-
light Saving Time,
Passed, adopted and approved
this 6th day of November, 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 Sshueller. Car-
ried by the following vote;
Yeas-Mayor Dave, Councilmen
Kintzinger, Kolb, Sshueller, Welu.
Nays-None
RESOLUTION N0. 228.51
BE IT RE'50LVED by the City
Council of the City of Dubuque
that the following, having com-
pliedwith the provisions of law re-
lating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within said
City,
Mrs. Linnie Dunbar, (Transfer
of address from 679 Central Ave-
nue) 504 Central.
Francis E. Ke11y,70 So. Locust St.
BE IT FURTHER RESOLVED
that the bond filed with the appli-
cation be approved.
Passed, adopted and approved
this 6th day of November, 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 Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Councilman Schueller moved
that the Judges and Clerks who
served at the Regular Municipal
,Election held November 5, be paid
the amount of $10.00 each for
services rendered as such Judges
and Clerks. Seconded by Council-
man Welu, Carried by the follow-
ing vote;
Yeas-Mayor Dave, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Councilman Welu moved that
Mr, Fred E. Neyens be reappoint-
ed to the Dock Commission for a
term of three years, to November
26, 1960. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote;
Yeas-Mayor Dove, Councilmen
Kantzinger, Kolb, Schueller,Welu.
Nays-None.
There being no further business
Councilman Kintzinger moved to
adjourn. Seconded by Councilman
Kalb, Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
LEO F, FROMMELT
City Clerk
Approved ............... . .....1958
Adopted ................... . ..1958
Councilmen ~ ......................................
Attest ..................................:...................
City Clerk
Special Session, November 25, 1957 441
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OFFICIAL
Special Session, November 25,
1957.
Council met at 7:30 P.M,
Present-Mayor Dove, Council-
men Kintzinger, Kolb, Schueller,
Welu. City Manager Schiltz.
Mayor Dove read the call and
stated service thereof had been
duly made and that this meeting
is called for the purpose of con-
sidering aresolution amending al-
location of funds within the func-
tional funds, and also setting a
date for a public hearing to amend
the current budget as approved
by Resolution No, 166.56 and Ord-
inance No, 1-57 and also acting on
any other business that may prop-
erly come before a regular meet-
ing of the City Council.
Communication of D u b u q u e
Trades & Labor Congress submit-
ting acopy of a resolution adopt-
ed by them making an appeal to
all working people to refrain from
taking additional jobs and tc dis-
continue where possible any part
time jobs they have in addition to
regular full time employment, pre-
sented and read. Councilman Welu
moved that the communication be
referred to the Council for furth-
er study. Seconded by Councilman
Schueller. Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Communication of E 11 e n E.
Murphy, submitting an offer of
$200. for Lots 1 and 2 of Mineral
Lot 37, except the northerly 60
feet, said lots being vacant and
un-used far grate a long time, pre-
sented and read. Councilman Welu
moved that the Council view the
grounds. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None
'Communication of Peoples Nat-
ural Gas submitting a photostatic
copy of the Assignment of fran-
chise wherein North Central Public
Service Co, has assigned the oper-
ation of the gas distribution system
to them, presented and read.
Councilman Welu moved that the
communication and assignment be
referred to the City Solicitor for
study and report.
Seconded by Councilman Kint-
zinger. Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
Council proceedings for the mon-
th of June 1957 presented for ap-
proval. Councilman Welu moved
that the proceedings for the month
of June 1957 be approved as print-
ed. Seconded by Councilman Kint-
zinger. Carried by the following
vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 14, 1957
To the Honorable Mayor
and City Council
llubuque, Iowa
Gentlemen:
I herewith submit the reports of
the City Auditor, City Treasurer,
City Health Department and City
Water Works for the month of
October as well as list of claims
and list of payrolls for which war-
rants were issued for the month
of October, 1957.
Respectfully submitted
L, J. Schiltz
City Manager
Councilman Kolb moved that the
reports be received and filed.
Seconded by Councilman Schueller.
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 and pay-
rolls for which warrants were
drawn during the month of Oc-
tober 1957 presented and read,
Councilman Kolb moved that the
proof of publication be received
and filed. Seconded by Councilman
Schueller. Carried by the following
vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
(~ ~ ~~
~"
442 Special Session, November 25, 1957
November 11,1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
On March 25, 1957, your Honor-
able Body adopted Resolution No.
58.57 and No. 60-57 directing all
owners of lots abutting on the City
of Dubuque 1957 Surfacing proj•
ects to make connections from the
sewer and water mains to the curb
line of said lots. The City of Du-
buque owned property abutted by
these surfacing projects. The tab-
ulation for final cost of construct-
ing these connections per lot is as
follows;
Lot Na. 3 of Kringles Subdivis-
ion, cost $159.89.
Lot No, 4 of Kringles Subdivis-
ion, cost $159,90.
Lot No. 29, of Rosedale Addition,
cost $22825,
Lot No. 179, of Grandview Ave-
nue Addition, cost $273,35.
Lot No. 179, of Grandview Ave•
nue, cost $426.22.
Total cost $1,247.61
I, therefore, recommend that the
City Auditor be instructed to issue
a warrant drawn on the Street
Construction Fund payable to the
contractor, Andrew Fondell &
Sons, in the amount of $1,247.61.
I, also, recommend that this
letter be made a matter of record,
Respectfully submitted,
L. J. Schiltz
City Manager
Councilman Kolb moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Kintzinger. Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 11, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
On March 25, 1957, your Honor-
able Body adopted Resolution No.
58-57 directing all owners of lots
abutting on City of Dubuque 1957
Bituminous Concrete Surfacing
Project No. 1 to make connections
from the sewer and water mains
to the curb line of said lots prior
to April 25, 1957, and further dir-
ecting that this office proceed to
have said connections made in the
event any property owner shall
fail to make said connections.
This is to certify that the own-
ers of the property listed on the
attached schedule failed or refus-
ed to make said connections to
said property prior to April 25,
1957; that pursuant to said re•
solution, I contacted Andrew Fon•
dell & Sons to make said connect-
ions; that the cost of said work, as
provided in said contract is
$1,679.73; that there is now 'due
and owing to the contractor the
sum of $1,679.73 that the cost of
making said connections charge-
able to each lot is as the same
appears on the attached schedule.
I, therefore, recommend that the
City Auditor be instructed to issue
a warrant drawn on the Sanitation
Fund payable to the contractor in
the amount of $1,679.73; that the
.cost of such connections be as-
sessed against said lots as set forth
in the attached schedule; and that
the City Clerk be authorized and
directed to certify said assessments
to the County Auditor to be col•
lected in the same manner as
general property taxes in accord-
ance with Section 4 of Chapter 151
of the Acts of the 54th General
Assembly of Iowa,
Respectfully submitted,
L. J, Schiltz
City Manager
CPPY OF DUBUQUE, IOWA.
Schedule of Assessments
For-Sewer and Water Con-
nections on newly paved streets
as per Resolution No, 58.57 adopt-
ed March 25, 1957
Fred H. Hintz, owner of lot 18,
Kings Grove Addition, assessment
$188.31.
T. E, Rhomberg Est,, owner of
lot 602, Hams Addition, assessment
$147.90,
T. E. Rhomberg Est,, owner of
lot 603, Hams Addition, assessment
$147.90,
T. E. Rhomberg Est., owner of
lot 604, Hams Addition, assessment
$147,90.
Marril Griffin, owner of lot 75
& N. 40' of Lot 74, Woodlawn Park
Addition, assessment $641.35.
Maureen & A, J. Griffin, owner
of lot 38, Rosedale Addition, as-
essment $185.90.
Special Session, November 25, 1957 443
Gerald Udelhoffen, owner of lot
36, Rosedale Addition, assessment
$111.43,
Gerald Udelhoffen, owner of Lot
35, Rosedale Addition, assessment
$109.04.
Total $1,679.73
Councilman Welu moved that
the recommendation of the City
Manager be approved and that the
communication be made a matter
of record. Seconded by Councilman
Kintzinger. Carried by the follow-
ing vote.
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None
November 25, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
The Code of Iowa provides that
if a city notifies the State Auditor
within sixty days after the end of
the year, the accounts and records
may be audited by a private cer-
tified public accountant,
This practice has been followed
in the past with the Council tak-
ing action after January 1st, how-
ever, dot to a provision in the Wa-
ter Revenue Bond Issue the Water
Department accounts must be veri-
fied prior to December 31st. In
order that the accounting firm can
schedule their work, approval by
the Council should be given prior
to December 31st.
The firm of Brooks, O'Connor
and Brooks have audited the city
accounts for the past several years
and know the procedure required
by the State.
I recommend that the firm of
Brooks, O'Connor and Brooks be
retained by the City for the 1957
audit,
Respectfully submitted,
L. J. Schiltz
City Manager
Councilman Kintzinger moved
that the recommendation of the
City Manager be approved. Second-
ed by Councilman Schueller. Car-
ried by the following vote.
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 25, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
Due to complaints received re-
garding the dangerous condition
existing in front of Loras Acad-
emy, an investigation was under-
taken to determine what could be
done to eliminate double parking
and get the pedestrians to use the
pedestrian crossings,
It is believed that the elimina-
tion of parking on the south side
of Loras Boulevard from Prairie
Street to Walnut Street would pro-
vide space for discharging passen-
gers and thereby eliminate double
parking at the crest of the hill
which cuts down. visibility. 'Phis
space is mainly used by students
for parking as residents have space
to park off the street.
I recommend that parking' be
eliminated on the south side of
Loras Boulevard between Prairie
and Walnut Streets.
Respectfully submitted,
L. J. Schiltz
City Manager
Councilman Welu moved that
the recommendation of the City
Manager be approved and that
proper proceedings be prepared.
Seconded by Councilman Kolb.
Carried by the following vote.
Yeas-1Vlayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 23, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
This is to advise that I have ap-
proved the following bonds and
desire to have your approval on
same for filing, subject to theap-
proval of the City Solicitor:
HEATING
Acheson Heating Company
Western Surety Company
Mary Mae De Journett
D/B/A Hollander Air Con-
ditioning Systems
Columbia Casualty Company
SIDEWALK
Gilbert F. Roling
Columbia Casualty Co, of
N.Y.
J
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9
II
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44~ Special Session, November 25,1957
EXCAVATION
'George I. Beaves
D/B/A George I. B e a v e s
Plumbing & Heating
1603 Central Avenue
Respectfully submitted,
L. J. Schiltz
City Manager
Councilman Kolb moved that the
bonds and policies be filed sub-
ject to the approval of the City
Solicitor. Seconded by Councilman
Welu. Carried by the following
vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None
November 15, 1957
Hon, Mayor and Members
of the City Council,
City of Dubuque, Iowa.
Gentlemen:
I have examined the claim of
Stephen J. Welu, 2340 Abbott
Street, for damages sustained Oc-
tober 30, 1957 when his car struck
a hole in Rosedale Avenue.
It appears from an examination
of the claim that the hole had
been properly barricaded a n d
lighted but that the barricade had
been removed by persons unknown,
without knowledge or notice to the
City, and for that reason I can find
na negligence on the part of the
City, and recommend that the
claim be denied.
Respectfully,
T. H, Nelson
Councilman Welu moved that
the recomendation of the City
Solicitor be approved, Seconded by
Councilman Kintzinger, Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
Notice of claim of Wilma E.
Nickles, in the amount of $2.00,
for cleaning cost incurred as the
result of her .car being sprayed
with salt by a City crew near Jef-
ferson High School on November
20,1957, presented and read, Coun-
cilman Kintzinger moved that the
claim be referred to the City Sol-
icitor for investigation and report,
Seconded by Councilman Schuell-
er, Carried by the following, vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 20, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
I am herewith presenting an
Ordinance for your consideration
for the establishing of regulations
for curb cuts in requiring that a
permit be obtained therefor.
Up until the present time, all
curb cuts were made under the
direction of the City Engineer,
however, there were no curb cut
rules or authority for him to deter-
mine whether or not a curb cut
should be made, This ordinance
gives the City Manager the auth•
ority to approve of curb cuts that
are performed under the specifi-
cations approved by the City En-
gineer and the City 'Councih
I recommend that the City Coun-
cil approve this ordinance and
proper specifications for the curb
cuts will be submitted and given
to the City Council for their ap•
provah
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,
ORDINANCE N0. 62.57
An Ordinance Establishing Reg-
ulations far Curb Cuts and Requir-
ing that Permit be obtained there-
fore; and Providing Penalty for
Violation hereof, presented and
read.
Councilman Welu moved that
the reading just had be consider-
ed the first reading of the Ordin•
once. 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 waived requiring an
Ordinance to be read on three
separate days, Seconded by Coun•
Gilman Kolb. Carried by the follow-
ing vote:
Yeas-Mayor Dave, Councilmen
Kintzinger, Kalb, Schueller, Welu,
Nays-None,
Special Session, November 25, 1957 445
ORDINANCE N0, 62.57
An Ordinance I7stablishing Regulations
for Curb Cuts and Requiring that
Permit be Obtained therefor; and
Proving Penalty for Violation hereof.
Be It Ordained by the City Council
of the City of Dubuque:
Section 1. That no person shall be-
gin to conslrucC, reconstruct, repair,
alter or change any curb, curb cut
or driveway on the public streets or
alleys of the City of Dubuque without
first obtaining a permit therefor from
the City Manager, as provided by this
Ordinance;
Secion 2- An applicant fora per-
mit hereunder shall file with the City
bIanager an application showing the
name and address of the owner of
the property abutting the proposed
work area; the name and address of
the party doing the work, and such
other information as the City Man-
ager shall find reasonably necessary
to the determination of whether a
permit should issue hereunder;
Section 3. Any person or firm de-
siring~ to engage in the construction
of driveways or the alteration of curbs
on public streets in the City of Du-
buque, as a business, shall exeoute a
surety company bond in the sum of
One T7tousand Dollars (1,000) con-
ditioned that he will hod the City
harmless from damage because of any
negligence oP himself or his employees
while doing- the work and that he
will ]seep the work in good and per-
fect repair for the time stated in the
standard plans and specifications for
such work, and shall be liable on said
'bond to the City and property owner
for any damage, loss and expense
caused by mason of his failure to do
the work according to the standard
specifications, and for any breach of
the bond. One of the conditions of the
bond shall be that the Engineer's
decision that the work needs repair
shall be final. Such bond shall be
subject to annual approval by the
City Council;
Section 4. The City Manager shall
issue a permit for the work applied
for hereunder when he finds:
(1) That the work will be done in
accordance with the standard specifi-
cations for curbs, curb cuts and drive-
ways prepared by the City Engineer
and approved by the City Council;
(2) That the proposed work will
not unreasonably interfere with ve-
hicular and pedestrian traffic, the
demand and necessity for parking
spaces and means of egress and in-
gress to and from the property af-
fected and adjacent property;
(3) That the health, welfare and
safety of the public will not be un-
reasonably impaired;
Section 5. The owner of the abut-
ting property shall agree, as a con-
dition to the granting of the permit,
for himself and his successors in title
to the abutting property, to make, at
the expense of the abutting property,
all necessary changes in the improve-
ment as may subsequently be found
reasonably necessary for the preser-
vation of the public health, welfare or
safety;
Section 6. The City Manager shall
not hereafter grant permission for
any curb cuts in any of the curbs on
Looust Street between Jones Street
and Southern Avenue or on Kerrigan
Road from Soutlern Avenue to the
City limits without prior approval by
the City Council, nor shall he grant
permits for driveways providing ac-
cess to the foregoing enumerated
streets without prior approval from the
City Council;
Section 7, Any person, firm or
corporation tvho violates any of the
provisions of this Ordinance shall,
upon conviction thereof, be fined not
to exceed One Hundred Dollars ($100),
or be imprisoned for a period not to
exceed thirty (30) days.
Section 8. This Ordinance shall be
in full force and effect from and after
its fins] passage, adoption and pub-
lication as by law provided.
Introduced the 25th day of Novem-
ber, 1957.
Rule requiring reading on three
separate days suspended by unamious
vote the 25th day of November, 1957.
Passed by recorded roll-call vote,
adopted and approved this 25th day
of November, 1957.
CHARLES E, DOVE, Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. RINTZINGER,
Councilmen
Attest: Leo F. Frommclt,
City Clerk.
Published officially in the Tele-
graph-Herald newspaper this 29th day
of November 1957.
LEO F. FROMMELT,
lt, 11-29 City Clerk
Councilman Welu moved the
adoption of the Ordinance, Second•
ed by Councilman Kolb, Carried
by the following vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Petition of Commercial Union-
Ocean Group Insurance, request-
ing release of a sidewalk con-
struction bond issued to Frank E.
Miller, presented and read. Coun-
cilman Kolb moved that the pet-
ition be granted providing there
are no outstanding claims. Second-
ed by Councilman Schueller. Car-
Tied by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Petition of Bush Realty Co. re-
questing permission to axaavate
in the alley from 717 to 779 Iowa
Street in behalf of Safeway Park-
ing Company, presented and read.
Councilman Welu moved that the
petition be granted. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Petition of Leland P, Stocker re•
questing the Council to view the
triangular plot of ground owned
by the Iowa State Highway Com-
mission at the junction of Meadow
Lane and Dodge street to consider
beautifying same until the widen-
ing of Highway No. 20 occurs,
~~
446 Special Session, November 25, 1957
presented and read. Councilman
Kintzinger moved that the Council
view the grounds and a copy of
the petition be sent to the Park
Board. Seconded by Councilman
Welu. Carried by the fallowing
vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
Petition of David H. McCarron
et al requesting the installation of
stop signs at the intersection of
Chaney and Hillcrest Roads, pre-
s e n t e d and read. Councilman
Schueller moved that the petition
be referred to the City Manager.
Seconded by Councilman Welu.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Petition of Merlin Jungers et
al requesting the opening of the
twenty foot alley from Robin street
running both north and south to
the property lines, presented and
read. Councilman Welu moved that
the petition be referred to the
Council to view the grounds. Sec-
onded by Councilman Kolb. Carri•
ed by the fallowing vote:
Yeas-14layor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Councilman Welu moved that
the rules be suspended to allow
anyone present address the Council
if they so desire. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, We1u.
Nays-None,
Mr, Jerry Burroughs, Leo Adams
and Merlin Jungers all spoke in
support of their petition to
opening and grading the twenty
foot alley from Robin street north
and south in the lope that the
matter would be settled one way
or another. Mrs. Lillian Kassmeyer
voiced objections.
Petition of Alida Motel request-
ing permission to place a sign
near or about the Canfield Hotel
sign now by the four lane high-
way, due to the fact that they have
lost considerable business due to
the change of the highway from
Rockdale Road, presented and
read, Councilman Welu moved
that the petition be referred to
the City Manager for investigation
and that suggestions should be
made to the proper parties. Second-
ed by Councilman Kintzinger. Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
Petition of Conlon Construction
Co, requesting permission to blast
in the vicinity of 32nd & Central
Avenue, presented and read.
Councilman Schueller moved that
permission be granted. Seconded
by Councilman Kolb. Carried by
the following vote.
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
Petition of Merle Mathis, re-
questing arefund of $50.00 on the
unexpired portion of cigarette
license No. 228, as he has discon-
tinued business as of November 1,
1957, presented and read. Council-
man Kolb moved that the refund
be granted and the Auditor in-
structed to draw a warrant payable
to Merle Mathis in the amount of
$50,00 to cover the unexpired por-
tion of cigarette license No, 228.
Seconded by Councilman Schuell-
er. Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
Petition of Mary and William
Petrakis, requesting a refund of
$50.00, on the unexpired portion
of cigarette license No. 272, as
they have discontinued business as
of November 17, 1957, presented
and read. Councilman Kolb moved
that the refund be granted and the
Auditor instructed to draw a war-
rant payable to Mary and William
Petrakis, in the amount of $50.00,
to cover the unexpired portion of
cigarette license No. 272, Seconded
by Councilman Schueller. Carried
by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kalb, Schueller, Welu.
Nays-None.
Petition of St, Mary's Church
requesting permission to install an
eight inch steam line from the
boiler room on Church property
in a northerly direction across
16th street through the alley be-
low all existing City services; re•
questing a surrender of right of
Special Session, November 25, 1957 447
way easement and vacation of cer-
tain strips of property abutting St,
Mary's Casino building; requesting
permission to construct a canopy,
presented and read, Councilman
Welu moved that the petition be
referred to the City Manager and
the various departments concern-
ed, Seconded by Councilman Kint-
zinger, Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
Petition of George & Addie Jeck-
lin requesting re-zoning of Lot 1
of Addies Place and the East 50'
of Lot 2 of Burkart Sub.; Lot 2 of
2 of 1 of 1 and all that part of
Lotloflaflofloflof
George Jecklin Farm in the City
of Dubuque from Single Family
to Local Business District A classi-
fication, presented and read, Coun-
cilman Welu moved that the pe-
tition be referred to the Planning
& Zoning Commission. Seconded
by Councilman Kolb. Carried by
the following, vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kalb, Schueller, Welu,
Nays-None,
November 7, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
This is to advise you that the
improvement of East 6th Sheet
with Concrete Paving, Integral
Curb and Storm Sewer from the
East Property Line of White Street
to the West Track (Spur) of the
Chicago, Milwaukee, St. Paul and
Pacific Railroad Company under
construction by Schueller and Com-
ponyhas been completed in accord-
, ante with the plans and specifi-
cations.
I therefore recommend that this
work be accepted.
Respectfully submitted,
L, J. Schiltz
City Manager
Councilman Kolb moved that
the recommendation of the City
Manager be aproved, Seconded by
by the following vote:
Yeas-Mayor Dave, Councilmen
Kintzinger, Ifolb, Schueller, Welu,
Nays-NOpe,
~,
Final Estimate
CITY OF DUBUQUE, IOWA
RESOLUTION PdO. 229.57
WHEREAS, the contract for
the improvement of East 6th Street
with Concrete Paving, Integral
Curb and Storm Sewer from the
East Property Line of White Street
to the West Track (Spur) of Chic-
ago, M i l w a u k e e, St. Paul and
Pacific Railroad Company has been
completed and the City Engineer
has submitted his final estimate
showing the cost. thereof includ
ing the cost of estimates, notices,
inspections,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$14,248.25.
That $10,907.56 of the cost there-
of shall be paid from the East 6th
Street Paving fund and $3,700,00
shall be paid from the 162J1 City
Share Special Sewer Tax Fund of
the City of Dubuque,
Passed, adopted and approved
this 25th day of November 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELD
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KRVTZINGER
Councilmen
Attest: LEO F, FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kintzinger.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
(A Resolution Accepting
Improvement)
CITY OF DUBUQUE, IOWA
RESOLUTIOR! N0. 23A•57
WHEREAS, the contract far the
improvement of East 6th Street
with Concrete Paving, Integral
Curb and Storm Sewer from the
East Property Line of White Street
to the West Track (Spur) of the
Chicago, Milwaukee, St, Paul and
Pacific Railroad Company has been
completed and the City Manager
has examined the work and filed
his certificate stating that the
same has been completed accord-
ing to the terms of the contract,
~ I " ',
I~'
f,
448 Special Session, November 25, 1957
plans and specifications and re-
commends its acceptance, now
therefore,
BE IT RESOLVED; by the City
Counell of Dubuque, that the re-
commendation of the City Manager
be approved and that said im-
provement be and the same is
hereby accepted
BE IT FURTHER RESOLVED,
that the City Treasurer be and is
hereby directed to pay to the con-
tractor from the East 6th Street
Paving Fund and 162JI-City Share
Special Sewer Tax
Passed, adopted and approved
this 25th day of November, 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 Kolb, Carried by
the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 16, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
This is to advise you that the
improvement of Sullivan Street
from the North Property Line of
English Lane to the South Pro-
perty Line of Levi Street with as-
phaltic macadam surfacing under
construction by the City Street
Department has been completed in
accordance with the plans.
I therefore recommend the ac-
ceptance of this work.
Respectfully submitted,
L. J, Schlitz,
City Manager
Councilman I{olb 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,
Final Estimate
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 231.57
WHEREAS, the contract for the
improvement of Sullivan Street
from the North Property Line of
English Lane to the South Property
Line of Levi Street with asphaltic
macadam surfacing has been cam-
plated and the City Engineer has
submitted his final estimate show
ing the cost thereof including the
cost of estimates, notices, inspec•
tion, and preparing the assessment
and plat, now therefore,
Be IT RESOLVED, by the City
Council of the City of Dubuque,
That the cost of said improve-
ment is hereby determined to be
$1,118.49.
That $1,118.49 of the cost thereof
shall be assessable upon private
property and $--- shall be paid
from the -• Fund of the City of
Dubuque.
Passed, adopted and approved
this 25th day of November 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A, KIlVTZIlVGER
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.
(A Resolution Accepting Improve•
went and Directing the Clerk to
Publish NaticeJ.
CITY OF DUBUQUE, IOWA
RESOLUTION N0. 232.57
WHEREAS, the contract for the
improvement of Sullivan Street
from the North Property Line of
English Lane to the South Pro-
party Line of Levi Street with as-
phaltic macadam surfacing h a s
been completed and the City Man-
ager has examined the work and
filed his certificate stating that the
same has been completed accord-
ing to the terms of the contract,
plans and specifications and re-
commends its acceptance, now
therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
Special Session, November 25, 1957 448
that the recommendation of the
City Manager be approved and
that said improvement be and the
same is hereby accepted and the
City Engineer be and is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
essment for said improvement and
file the same in the office of the
City Clerk subject to public in-
spection and said Clerk shall up-
on receipt of such plat and sched-
ule publish the notice of t h e
Council's intention to levy special
assessments therefore, as required
by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the funds to be
realized from the sale of street
improvement bonds issued upon
the above described improvement
in amount equal to the amount of
his contract, less any retained
percentage provided far therein.
Passed, adopted and approved
this 25th day of November, 1957.
CHARLES E. DOVE
Mayor
CLARENCE P, WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZBVGER
Councilmen
Attest: LEO F. FROMMELT
City Clerk
Councilman Welu moved the
adoption of the resolution. Second-
ed by Councilman Kalb. Carried
by the following vote,
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
November 16, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
This is to advise you that the im-
provement of Cleveland Avenue
from the West Property Line of
Bryant Street to the East Property
Line of State Street with Asphaltic
Macadam Surfacing under con-
struction by the City Street De-
partmenthas been completed in ac-
cordance with the plans.
I therefore recommend the ac-
ceptance of this work.
Respectfully submitted,
L, J. Schlitz
City Manager
Councilman Welu moved that the
recommendation of the City Man-
ager be approved. Seconded by
Councilman Kolb. Carried by the
fallowing vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
Final Estimate
City of Dubuque, Iowa
RESOLUTION N0. 233.57
WHEREAS, the contract for the
improvement of Cleveland Avenue
from the West Property Line of
Bryant Street to the East Prop-
erty Line of State Street with as-
phaltic macadam surfacing has
been completed and the City Engi-
neer has submitted his final esti-
mate showing the cost thereof in-
cluding the cast of estimates, no-
tices, inspection, and preparing the
assessment and plat, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the cast of said improvement
is hereby determined to be $752,58.
That $752,58 of the cost thereof
shall be assessable upon private
property and $- shall be paid
from the -Fund of the
City of Dubuque.
Passed, adopted and approved
this 25th day of November 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 t h e
adoption of the resolution. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
(A Resolution Accepting Improve-
ment and Directing thg Clerk to
Publish Notice),
City of Dubuque, Iowa
RESOLUTION N0. 234.51
WHEREAS, the contract for the
improvement of Cleveland Avenue
from the West Property Line of
Bryant Street to the East Property
Line of State Street with asphaltic
macadam surfacing has been com-
pleted and the City Manager has
450 Special Session, November 25, 1957
examined the work and filed his
certificate stating that the same
has been completed according to
the terms of the contract, plans and
specifications and recommends its
acceptance, now therefore,
BE IT RESOLVED, by the City
Council of the City of Dubuque,
that the .recommendation of the
City Manager be approved and that
said improvement be and the same
is accepted and the City Engineer
be and is hereby directed to pre-
pare aplat and schedule showing
the lots or parcels of real estate
subject to assessment for said im-
provement and file the same in the
office of the City Clerk subject to
public inspection and said Clerk
shall upon receipt of such plat and
schedule publish the notice of the
Council's intention to levy special
assessments therefore, as required
by law,
BE IT FURTHER RESOLVED,
that the City Treasurer be and is
hereby directed to pay to the con-
tractor from the funds to be re-
alized from the sale of street im-
provement bonds issued upon the
above described improvement in
amount equal to the amount of his
contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 25th day of November, 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, Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
November 20, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
In order that the detailed expen-
ditures in the General Fund, Street
Fund, Public Safety Fund, Sani-
tation Fund, Municipal Enterprise-
Dock Fund, Utilities-Street Light-
ing Fund, Recreation Fund and
Trust and Agency Funds will be
in line with the actual expenditures
and not be overdrawn, I recom-
mend that the City Council approve
the reallocation of funds within the
above functional funds as appro-
priated in Ordinance No. 1-57 and
as listed in the attached Resolu-
tion.
Respectfully submitted,
L. J, Schlitz
City Manager
Councilman Welu moved that the
recommendation of the City Man-
alter be approved, Seconded by
Councilman Kintzinger. Carried
by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None,
RESOLUTION N0. 23557
Amending Allocation of Funds.
Whereas, the City Council of the City of Dubuque allocated funds
within the General Fund, Street Fund, Public Safety Fund, Sanitation
Fund, Municipal Enterprise-Dock Fund, Utilities-Street Lighting Fund,
Recreation Fund and Trust and Agency Funds on January 7, 1957, and
Whereas, Paragraph 3 of Section 5 of the Acts of the Fifty-fourth
General Assembly provides that the City Council may amend the alloca-
tion of funds within the functional funds by resolution, therefore,
Be It Resolved that the allocation of funds within the General Fund,
Street Fund, Public Safety Fund, Sanitation Fund, Municipal Enterprise-
Dock Fund, Utilities-Street Lighting Fund, Recreation Fund and Trust
and Agency Funds are hereby amended by the following changes:
GENERAL FUND
Item 101 City Council from,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,$ 4,520.00 to $ 6,020,00
Item 102 City Manager's Office from,....,..,,.,, 33,860,00 to 30,235,00
Item 103 City Clerk's Office from,,,,,,,,,,,,,,,,,, 9,352,00 to 9,552.00
Item 105 City Treasurer's Office from,..,..,,, 8,250,80 to 9,000.80
Item 106 City Solicitor's Office from,,,,,,,,,,,,,, 12,838,00 to 13,038.00
Special Session, November 2S, 1857
Item 114 City Buildings from ,,,,,,,,,,,,,,,,,,,,,,,,,, 25,950.00 to
Item 116 Civil Service Commission from.,,,,, 300.00 to
Item 121 Building Commissioner's Office
from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7,244.00 to
Item 122 Plumbing Inspector's Office from 13,354,00 to
Item 148-C Miscellaneous from ,,,,,,,,,,,,,,,,,,,,,,,, 26,770.00 to
Item 160 Capital Improvements from.,..,.,,,,,, 46,766,40 to
STREET FUND
Item 131 Highway Administration from.,,,,,,, 11,282.00 to
Item 135-J Street Construction from ................ 106,999.00 to
Item 141 Snow Removal from,,,,,,,,,,,,,,,,,,,,,,,,,, 36,625.00 to
Item 142 Traffic Signs and Markings from.,,, 18,200.00 to
Item 161 Bridge and Viaduct Construction
rom ......................... 10,000,00 to
Item 162 City Share of
Special Street
Tax
;
"
from 15,000,00 to
PUBLIC SAFETY FUND
Item 115 Police Court from .............................. 5,077,00 to
Item 118 Police Department from,,,,,,,,,,,,,,,,,, 287,961,00 to
Item 119 Fire Department from .................... 355,864.60 to
Item 119-E Fire Equipment from ,,,,,,,,,,,,,,,,,,,,,, 6,000.00 to
Item 120 Fire and Police Alarm from.,.,,..,..., 15,170.00 to
Item 124 Dog Pound from ................................ 4,097.50 to
Item 148-E Ambulance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 10,626.00 to
Item 150 Civil Defense from ,,,,,,,,,,,,,,,,,,,,,,,,,, 7,500,00 to
SANITATION FUND
Item 127 Sewer Maintenance from,,,,,,,,,,,,,,,,,, 34,675,00 to
Item 129 Milk Inspection from ,,,,,,,,,,,,,,,,,,,,,,,, 9,564.00 to
Item 134 Ash, Rubbish and Garbage Collec-
tion from ............................................ 106,000,00 to
Item 140 Street Cleaning from,,,,,,,,,,,,,,,,,,,,,,,, 41425,00 to
Item 162 City Share Speeial Sewer Tax
from
Item 162-J•2 Main Sewers and Inlets from,,,,,;„;' 24;000AO to
56,503,50 to
MUNICIPAL ENTERPRISE-DOCK FUND
481
30,950.00
425.00
7,644,00
14,004.00
30,270,00
38,066.40
12,032,00
134,999,00
22,625,00
16,200,00
6,250.00
s,ooo.oD
8,577.00
286,361.00
352,164.60
3,300.00
14,870.00
3,697.50
11,126.00
12,200,00
39,675,00
10,314.00
107,000.00
45,925,00
l3,lDO,oo
51,153,50
Item 153-A Dock Operation from,,,,,,,,,,,,,,,,,,,,,,,, 6,145,00 to 10,895,00
Item 153-B Dredge Operation from .................... 63,355,00 to 58,605.00
UTILITIES- STREET LIGHTING FUND
Item 138 Street and Traffic Lighting from.,., 54,000.00 to 54,700,00
Item 138-F Maintenance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,, 7,500,00 to 6,800.00
RECREATION FUND
Item 145-A Recreation Administration from,,,, 10,632,00 to 11,412,00
Item 145-B Outdoor Recreation from,,,,,,,,,,,,,,,,,, 20,754.00 to 22,534.00
Item 145-D Indoor Recreation from,,,,,,,,,,,,;,,,,,,, 10,669.00 to 8,744.00
Item 145-E Swimming Pool from ,,,,,,,,,,,,,,,,,,,,,,,, 16,394.00 to 15,759,00
TRUST AND AGENCY FUNDS
Item 156-J-1 State Employees' Retirement
Fund from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 25,000.00 to ' 24,000.00
Item 156-J-2 Federal Old Age and Survivors
Insurance from ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 15,000.00 to 16,000,00
Passed, adopted and approved this 25th day of November, 1957.
CHARLES E, DOVE, Mayor.
CLARENCE P. WELU,
RAY F. KOLB,
LEO A. SCHUELLER,
CHARLES A. KINTZINGER,'
Councilmen,
Attest; LEO F. FROMMELT, City Clerlt;
Councilman Welu moved the adoption of the resolution. Seconded
by Councilman Kolb, Carried by the following vote:
Yeas-Mayor Dove, Councilmen Kintzinger, Kalb, Schueller, Welu,
Nays-None,
1
1
452 Special Session, November 25, 1957
November 20,_1957.
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
At the time the 1957 budget was
prepared and approved we had not
completed the work on our 1957
Street Construction Program. It
was anticipated that there would
be certain unexpended balances in
the Street Fund that would be
available for the 1957 Street Con-
struction Program,
Estimates that were made in the
Street Road Use Tax Fund were
lower than the actual balances that
we had on hand at the end of 1956.
In order that the actual expendi-
tures far the construction of West
3rd Street, Grandview Avenue Ex-
tension, the widening of the pave-
ment in connection with the high-
way improvement on South Lo-
cust,the widening of Pennsylvania
Avenue and some of the curb and
gutter projects be in line with that
appropriated, the City Council may
amend the budget provided that
no tax increase is necessary,
I recommend that the amended
budget as submitted be approved
in order that the Street Road Use
Tax appropriation will not be over-
spent as there is sufficient funds
available in this fund to take care
of this additional appropriation.
Very truly yours,
L. J. Schutz
City Manager
Councilman Welu moved that the
recommendation of the City Man-
ager.be approved.. Seconded by
Councilman Kolb. Carried by the
following vote:
Yeas-klayor Dove, Councilmen
Kintzinger, Kalb, Schueller, Welu.
Nays-None,
.ORDINANCE N0. 63.57
An Ordinance Amending Budget
as approved'. by Resolution No. 166-
56 and Ordinance No, 1-57, pre-
sented and read.
Councilman Welu moved that the
reading just had be considered the
first reading of the Ordinance, Sec-
onded by Councilman Kolb, Car-
ried by the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays--None.
Councilman Weln moved that
the rule requiring reading of an
Ordinance on three separate days
be waived,-Seconded by Council-
man Kolb. Carried by the follow-
ing vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu
Nays-None,
Councilman Welu moved that a
public hearing be held on the Or-
dinance on December 9, 1957 at
7;30 o'clock P. M, in the Council
Chamber and that the' City Clerk
be instructed to publish notice of
the hearing in the manner required
by law. Seconded by Councilman
Kolb. Carried by the following
vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 23b•51
WHEREAS, the City Manager
has submitted an amended budget
estimate as provided in Chapter
53 of the Acts of the 55th General
Assembly and the City Council has
duly considered and caused to be
prepared the. amended budget es-
timate of expenditures for the fis-
cal year beginning January i, 1957
and ending December 31, 1957; us-
ing unencumbered balances of Jan-
uary l; 1957 that were not antici-
pated:.. _
NOW; THEREFORE,`Be It'Re-
solved by the City Council of the
City of Dubuque that' said Amend-
ed Budget estimate be and t h e
same is hereby ordered filed in
the office of the-Clerk of Dubuque
and the date of public hearing
thereon is hereby fixed as the 9th
day of December, 1957 at 7:30
P. M, in the Council Chamber in
the City Ha1L-
Be It Further Resolved that said
clerk be and he is directed to cause
said amended budget estimate of
expenditures to be published in the
official newspaper of the City of
Dubuque and an official notice to
be given of the time and place,
when and where said amended
budget estimate will be considered
by said Council for final adoption
at which time and place taxpayers
will be heard for or against said
estimate, said publication to. be
not less than ten days before said
hearing.
Special Session, November 25, 1957 453
Passed, adopted and approved
this 25th day of November 1957,
CHARLES E, DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KIIVTZINGER
Councilmen
Attest; Leo F, Frommelt
City Clerk
Councilman Welu moved the
adoption of the resolution. Sec-
onded by Councilman Kolb, Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 231.57
BE IT RESOLVED by the City
Council of the City of Dubuque that
the following, having complied with
the provisions of law relating to the
sale of cigarettes within the City
of Dubuque, be granted a permit to
sell cigarettes and cigarette papers
within said City.
Robert M. Smith, .1563 Central
Avenue.
Lester A, Foell, Sr,, 1638 Central
Avenue.
Mrs. Marcella Roeder (Effective
1/1/58); 25 West 7th Street,
BE IT FURTHER RESOLVED
that the bonds filed with the ap-
plications be approved.
Passed, adopted and approved
this 25th day of November, 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. Sec-
onded by Councilman Kolb. Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None,
November 25, 1957
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen;
This is to advise that the con•
tract for the tuckpointing, water-
proofing; cleaning and painting of
the exterior of the City Hall has
been completed.
Attached to the contract is a
bill for extra work performed by
the same contractor which includes
removing the brick on the Central
Avenue entrance and replacing
same with bricks to match the old-
er brick, six extra stone window
sills which were found to be de-
fective when cleaned, replacing one
hundred and two window lights in
present sash, repairing storm win-
dows, painting same and other
miscellaneous painting all accord-
ing to the items as listed.
I therefore recommend accept-
ance of the contract work and the
extra work.
Respectfully submitted,
L. J. Schutz
City Manager
Councilman Kolb moved that the
recommendation of the City Man•
alter be approved. Seconded by
Councilman Schueller. Carried by
the following vote;
Yeas-Mayor Dove, Councilmen
Kintzinger, .Kolb, Schueller, Welu.
Nays-None,
(A Resolution Accepting Imprave•
ment).
City of Dubuque, Iowa
RESOLUTION N0.23&51
WHEREAS, the contract for
Tuckpointing Waterproofing,
Cleaning and Painting the Exte-
rior of the City Hall, 13th Street
and Central Avenue has been com-
pleted and the City Manager has
examined the work and filed his
certificate stating that. the same
has been completed< according. to
the terms of the contract, plans and
specifications and recommends: its
acceptance, now therefore,
BE IT RESOLVED,by the City
Council of the City of Dubuque,
that the recommendation of the
City Manager be approved and that
said improvement be and the same
is hereby accepted.;
BE IT FURTHER RESOLVED,
that the City Treasurer be and he
is hereby directed to pay to the
contractor from the General Fund.
i
I~ -
r
454 Special Session, November 25, 1957
.Passed, adopted and approved
this 25th day of November, 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; t h e
adoption of the resolution. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-None.
RESOLUTION N0. 239.51
Preliminary Resolution for the
construction of a Sanitary Sewer
including as follows:
1. 8", 12", 24" and 30" Vitrified
Clay Pipe.
2. 30" Cast Iron Pipe.
3. Sewage Pumping Station.
4. 16" Cast Iron Pipe Force
Main.
5. Manholes.
fi. And All Appurtenances.
WHEREAS, the City Council
deems it necessary to institute pro-
ceedings for the construction of a
Sanitary Sewer, Lift Station and
Force Main:
I Sanitary Sewer located in
streets and alleys as follows:
1. In Sycamore Street from the
South Property Line of Vacated
East 19th Street to the center line
of East 14th Street.
2. In East 14th Street from the
center line of Sycamore Street to
the East Property Line of Lot 448
of East Dubuque Addition No, 2.
3. In Cedar Street from the cen-
ter line of East 16th Street south
to the center line of Lot 346 of
East Dubuque Addition No, 2 ex-
tended.
4. In Maple Street from the South
Property Line of East 18th Street
to the center line of East 15th
Street,
5. In the alley between Pin e
and Maple Streets from the center
line of East 16th south to the cen-
ter line of Lot 282 of East Du-
buque Addition Na. 2 extended.
6. In East 15th Street from a
point 13 feet oast of the East
Property Line of Pine Street to
the center line of Sycamore Street:
7. In East 16th Street from a
point 10 feet east of the East Prop-
erty Line of Pine Street to the cen-
ter line of Maple Street.
8. In East 16th Street from the
center line of Cedar Street east to
a point 10 feet west of the East
Property Line of Lot 378 of East
Dubuque Addition No. 2.
9, In East 16th Street from a
paint 10 feet east of the West Prop-
erty Line of Lot 418 of East Du-
buque Addition No, 2 to the sewer
line in Sycamore Street.
II The Force Main is located in
East 15th Street from Lot 412 of
East Dubuque Addition No. 2 to
the intersection of the center line
of East 15th Street and Whit e
Street.
III The Lift Station is to be lo-
Gated in Lot 412 of East Dubuque
Addition No. 2 and to specially
benefit the following described
area:
By a line beginning at the south-
west corner of Lot 1 of 261 of East
Dubuque No. 2 and running in a
northerly direction along the east
line of Pine Street to the north-
west corner of Lot 247 of East Du-
buque No. 2; thence easterly along
the northerly line of said Lot 247
to the northeast corner of said Lot
247; thence across East 17th Street
and northerly along the westerly
line of Lot 246; thence easterly
along the northerly line of Lot 246
to the northeast corner of said Lot
246 all of East Dubuque No. 2;
thence easterly across the alley
between Pine and Maple Streets
to the southwest corner of Lot 300
of East Dubuque No. 2; thence
northeasterly along the diagonal
line to the northeast corner of Lot
301 of East Dubuque No. 2; thence
northeasterly across East 16th
Street to the southwesterly corner
of Lot 2 of the subdivision of the
vacated part of Maple Street;
thence running northeasterly along
the westerly line of said Lot 2 and
continuing northeasterly along the
westerly line of Lots 1 of 305 and
2 of 304, bath being of East Du-
buque No, 2, to the southwesterly
corner of Lot 2 of 1 of Mineral Lot
106; thence continuing northeast-
erly along the westerly line of said
Lot 2 of 1 to the northwesterly cor-
Special Session, November 25, 1957
ner of Lot 1 of 5 of Block 2 of
Railroad Addition; thence continu-
ingnortheasterly along the westerly
lines of said Lot 1 of 5 and Lot 2 of
4 of Block 2 of Railroad Addition to
the northeast corner of said Lot
2 of 4; thence northerly along the
easterly line of Lots numbered 1
of 4 to Lot 1 inclusive of Block 2
of Railroad Addition to the north-
east corner of said Lot 1; thence
easterly across Cedar Street to the
northwesterly corner of Lot 1 of
Block 3 of Railroad Addition;
thence in a northerly direction
across vacated East 19th Street and
along the westerly line of Lots
numbered 1 to 5 inclusive, all be-
ing of Block 4 of Railroad Addi-
tion, to the northwesterly corner
of said Lot 5; thence easterly along
the northerly line of said Lot 5
across the vacated alley between
vacated Cedar and vacated Syca-
more Streets to the southwesterly
corner of Lot 30 of the subdivision
of Mineral Lot 107; thence north-
erly along the westerly lines of
Lots numbered 30 to 28 inclusive,
all being of the subdivision of Min-
eral Lot 107, to the northwesterly
corner of said Lot°28; thence east-
erly along the northerly line of
said Lot 28 and across vacated
Sycamore Street to the southwest-
erly corner of Lot 12 of the Sub-
division of Mineral Lot 107; thence
northerly along the westerly line
of said Lot 12 to the northwesterly
corner of said Lot 12; thence east-
erly along the northerly line of
said Lot i2 and across the vacated
alley between vacated Sycamore
Street and vacated Lynn Street to
the southwesterly corner of Lot 21
of Block 6 of Railroad Addition;
thence northerly along the westerly
lines of Lots numbered 21 and 22
of Black 6 of Railroad Addition to
the northwesterly corner of said
Lot 22; thence running North
31°14' east along the southerly line
of vacated Peosta Street to a point
on the southerly line of Lot 1 of
Mineral Lot 466 being 264' west of
the southeasterly corner of said
Lot 1; thence continuing North 31°
14' east to a paint of intersection
with the easterly line of vacated
Marsh Street extended; thence
running southerly along the east-
erly line of vacated Marsh Street
extended to the northerly line of
vacated East 19th Street; thence
455
westerly along the northerly line
of vacated East 19th Street to the
westerly line of Ash Street; thence
southerly across vacated East 19th
Street to the northeasterly corner
of Lot 20 of Block 13 of Railroad
Addition; thence westerly along the
northerly line. of said Lot 20 for a
distance of 18 feet;. thence. running
in a southerly direction and parallel
to the vacated alley between va-
cated Lynn and Ash Streets to the
southerly line of East 15th'Street;
thence easterly along the'southerly
line of East 15th Street for a dis•
tance of 18 feet to the westerly
line of Ash Street; thence southerly
along the westerly line of Ash
Street to the northerly line.. of East
14th Street; thence westerly along
the northerly line of East 14th
Street to the point of beginning,
(Excluding Lots 282 to'28fi 'and'321
to 325 inclusive of Easf Dubuque
Addition No. 2). -
That portion of Dubuque' Indus-
trial Park that lies north o€ a ine
1100 feet north of the North Prop-
erty Line of 16th Street to't h e
South Property Line of Roosevelt
Street extended.
NOW; THEREFORE, BE IT RE-
SOLVED by the City Council of
the City of Dubuque, Iowa:
1. That the City Engineer is here•
by instructed to prepare prelim-
inary plans and specifications, an
estimate of total costs, and a plat
and schedule for said improvement
and place same on file with the
City Clerk.
2, That the property to be bene-
fited by said improvement is all
real estate abutting on the above
described portions of the above
named streets or within the above
described area.
3. The estimate of total cost of
said improvement herein ordered
shall include an estimate of the
cost of engineering, preliminary
reports, property vaIuations,' esti-
mates, 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, The proceedings are covered
under Chapter 391A of the 1954
Code of Iowa.
45~'~ Special Session, November 25,1957
5. That said improvement is
hereby designated as Cedar, Maple
and Sycamore Street Sanitary
Sewer, Lift Station and F o r c e
Main Improvement and may be
referred to by such title in all
subsequent proceedings.
Passed, adopted and approved
this 25th day of November, 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 t h e
adoption of the resolution. Sec-
onded by .Councilman Kolb, Car-
ried by the fallowing vote.
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
I herewith submit a proposed
plat of the Cedar, Maple, Syca-
more Streets Sanitary Sewer,. Lift
Station and Force Main Improve-
ment and proposed schedule of
valuations of the lots within the
district served by said improve-
ment.
K. J, Cullen,
City Engineer
' RESOLUTION N0. 240.51
RESOLUTION determining valu-
ations of each lot within the pro-
posed assessment district for the
Cedar, Maple, .Sycamore Streets
Sanitary Sewer, Lift Station and
Force Main Improvement.
Be It Resolved by the City Coun-
cil of the City of Dubuque:
1, That the valuations set out in
the attached list are hereby de-
termined to be the present fair
market value with the proposed
improvement completed, of each
lot within the proposed assessment
district for the Cedar, Maple, Syca-
more Streets Sanitary Sewer, Lift
Station .and Force Main Improve-
ment; and
City Clerk is hereby directed to
report the same to the City Engi-
neer who shall show such valua-
tions on th'e schedule heretofore
ordered for said improvement
Passed, `adopted and approved
this 25th day of November, 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 t h e
adoption of the resolution. Sec-
onded by Councilman Welu. Car-
ried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu,
Nays-Nohe; ;
RESOLUTION N0. 241.51
Preliminary ,approval of plans,
specifications, form of contract,
plat and schedule and all other
documents far,the construction of
the Cedar, Maple, Sycamore street
sanitary sower., Lift Station and
Force Main.,.Improvement, at an
estimated cost of $226,160.49, pre-
sented and read. Couricil~an Kolb
moved the adoption of the resolu-
tion..: Seconded by Councilman
Welu, Carried by the following
vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 242.57
Resolution of necessity far con-
struction of Cedar, Maple and
Sycamore Streets Sanitary Sewer,
Lift Station and Force Main Im-
provement.
Also setting time and place of
hearing and prescribing notice.'
Whereas, proposed ,plans Wand
specifications, plat and 'schedule
have been duly prepared and ap-
proved by the City Council of the
City of Dubuque and are now on
ffle 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 Cedar, Maple and Sycamore
Streets Sanitary Sewer, Lift Sta-
tion and Force Main Improve-
ment.
Be It Therefore Resolved by the
i
Special Session, November 25,1957 ~5~
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. S a i d improvement shall be
constructed and done in accordance
with said plans and specifications
and a portion of the total cost of
making said improvement shall
be assessed against all privately
owned property lying within the
assessment district shown on such
plat in an amount not to exceed
the amount provided by law and in
proportion to the special benefits
conferred thereby and the re-
mainder of the total cost shall be
paid out of the Sanitation Fund.
3. Bands 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.:
4. On the 20th day ;of December,
1957, at 7:30 P. M., the City Coun-
cil will meet in-the City Council
Chambers in the City Hall in the
City of Dubuque, Iowa, and hear
property owners subject to the as-
sessment 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 hearing and by
mailing a copy of said notice by
ordinary mail to the owners of
said property to be assessed, 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
25th day of November, 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 Kintzinger .moved
that the resolution be approved and
that same be placed on file in the
office of the City Clerk at least
ten days for public inspection. Sec-
onded by Councilman Schueller.
Carried by the following vote:
Yeas-Mayor Dove, Councilmen
Kintzinger, Kolb, Schueller, Welu.
Nays-None.
RESOLUTION N0. 243.51
WHEREAS, applications for Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the City
Council of the City of Dubuque that
the following applications be
granted and licenses;be issued: up-
on .the compliance,. with the terms
of the ordinance of this" City.
CLASS "B""PERMIT"`
Alfred E,° Hedley, 509 ° Eighth
`Avenue. ,
Mrs. Marcella Roeder, 25' West
7th Street,
Lester A, Foell, Sr., 1638 Central
Avenue.
Roger J. Bertsch, 32fi Main
Street,
Ray Nicks, 521 East 22nd Street,
Jahn F. Flynn, 659 Central Ave-
nue.
Herbert J. McAndrews, 127 West
6th Street.
Edward A, Haberkorn, 2616 Wind-
sor Avenue,
CLASS "B" PERMIT FOR
PRIVATE CLUB
Elks Club, L6dge No. 297, 7th
& Locust Streets.. .
Amvets Post. No. 3, 429 Main
Street,
CLASS °C" PERMIT
Helen O'Mara, 1397 Washington
.Street,
The Greab: Atlantic &, Pacific
Tea,'.Co., 1101, Central-Avenue;
Passed, adopted sand approved
this 25th day of November, 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELU
RAY F. KOLB
LEO N. SCHUELLER
CHARLES A. KINTZINGER
Councilmen
Attest: Leo F, Frommelt
City Clerk
458 Special Session, November 25, 1957
' Councilman Kolb moved the Attest: Leo F, Frommelt
adoption of the resolution. Second- City Clerk
ed by Councilman Schueller. Car- Councilman Welu moved t h e
ried by the following vote:. adoption of the resolution, Sec•
Yeas-Mayor Dave, Councilmen onded by .Councilman Kolb. Car-
Kintzinger, Kolb, Schueller, Welu, ried by the following vote:
Nays-None. Yeas-Mayor Dove, Councilmen
RESOLUTION N0. 244.57 Kintzinger, Kolb, Schueller, Welu,
WHEREAS, heretofore applica- Nays-None.
tions for Beer Permits were filed There being no further business
by the within named applicants and Councilman Kolb moved to ad-
they have received the approval journ, Seconded by Councilman
of this Council; and Kintzinger. Carried by the follow-
WHEREAS, the premises to be ing vote:
occupied by such applicants were yeas-Mayor Dove
Councilmen
inspected and found to comply with ,
Kintzinger, Kolb, Schueller
Welu.
the ordinances of this City and ,
Nays-None.
they have filed proper bonds: NOW, Leo F. Frommelt
THEREFORE, City Clerk
BE IT RESOLVED by the City
Council of the City of Dubuque that
the Manager be and he is directed Approved ......................1958
to issue to the following named
applicants a Beer Permit,
Adopted .......................1958
CLASS "B" PERMIT
Alfred E. Hedley, 509 Eighth
Avenue. ............................,..,,....
Mrs, Marcella Roeder, 25 West
7th Street,
~
~
Lester A, Focll, Sr., 1638 Central ~~~~~~~~~~~~~~
~
~~~~~~~~~~~~~~~~~~~~~
Avenue,
Roger J, Bertech, 326 Main Councilmen ,,,,,,,,,;;,;,,,,,,,,,,,,,,,, ,, ,,,,
Street.
Ray. Nicks, 521 East 22nd Street,
John F. Glynn, 659 Central Ave- """""""""""""""""""
nue.
Herbert J. McAndrews, 127 West ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
6th Street. "
Edward A. Haberkorn, 2616 Wind- Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
sor Avenue. City Clerk
CLASS "B" PERMIT FOR
PRIVATE CLUB
Elks Club, Lodge No, 297, 7th
& Locust Streets.
Amvets Post No. 3, 429 Main
Street,
CLASS "C" PERMIT
Helen O'Mara, 1397 Washington
Street;
The Great Atlantic & Pacific
Tea Co., 1101 Central Avenue.
BE IT RESOLVED that the bonds
filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved
this 25th day of November, 1957.
CHARLES E. DOVE
Mayor
CLARENCE P. WELU
RAY F, KOLB
LEO N. SCHUELLER
CHARLES A, KINTZINGER
Councilmen
Regular Session, December 2. 1957
(OFFICIAL]
Regular Session, December 2,
1957,
No members of the City Council '
being present upon roll call the
meeting was postponed subject to
tall
Leo F. Frommelt
City Clerk.
Approved .............................. 1958
Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,;1958
Councilmen • ,,,,,,,,,,,,,;,,,,,,,,,,,,,,, , ,,,,
Attest; ,,,,,,,,;,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
City Clerk
~~,~.~ ~.