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1957 December Council Proceedings458 Special Session, November 25,1957 Councilman Kolb moved the adoption of the resolution Second Attest; Leo F, Frommelt , - ed by Councilman Schueller Car• City Clerk . ried by the following vote: Councilman Welu moved t h e . Yeas-Mayor Dove, Councilmen Kintzinger Kolb Schuell adoption of the resolution. Sec- onded by Councilman Kolb Car- , , er, Welu, Nays-None. , ried by the following vote; RESOLUTION N0. 244.57 KintzingeMaKolbDSchu 1lerneWelu WHEREAS, heretofore applica- . Nays-None tons for Beer Permits were filed . by the within named applicants and There being no further business they have received the approval of this Council; and Councilman Kalb moved to ad- journ. Seconded b C WHEREAS, the premises to be y ouncilman Kintzinger. Carried by the follow- occupied by such applicants were ing vote: inspected and found to comply with Yeas-Mayor Dove, Councilmen the ordinances of this City and Kintzinger, Kolb, Schueller Welu they have filed proper bonds; NOW , , Nays-None. , THEREFORE, Leo F. Frommelt BE IT RESOLVED by the City City Clerk Council of the City of Dubuque that the Manager be and he is directed to issue to the following named applicants a Beer Permit. Approved , , ,,,, , , , , , , , , , , , , , , , ,1958 CLASS "B" PERMIT Adopted ................,,;;,,.1956 Alfred E, Hedley, 509 Eighth Avenue, Mrs. Marcella Roeder, 25 West ~••~ 7th Street. Lester A. Foell, Sr., 1638 Central """'°"•°°°°°•~••°~•~~•~•~~~ Avenue, Roger J, Bertech, 326 Main Street. Councilmen ,,,,,;,,,;;,;,,;, •....•,,.,,• ..:.,, 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- ..... sor Avenue. Attest ............................. CLASS "B" PERMIT FOR ................... City Clerk 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 ayor 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 Cit Coun ' y cil ', being present upon roll call the meeting was postponed subject to cath Leo F. Frommelt City Clerk, Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1958 Adopted .,,•,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958 Councilmen ~ .............:.........•.,,,.. Attest;,,,,,,,,,,,,,,,,,•.,..,. City Clerk 460 Adjourned Regular Session, December 9, 1957 e~~ (OFFICIAL) Adjourned Regular Session, De• cember 9, 1957. Council met at 7;30 P.M. Present-Councilmen Kintzinger, Schueller, Welu. City Manager Schiltz. Absent-Mayor Dove, Council- man Kdlb. Meeting called by order of Coun• oilmen Kintzinger, Schueller, Welu. Councilman Schueller moved that Councilman Welu be elected Presiding Officer Pro Tem of the meeting. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Councilmen Kintzinger, Schueller. Nays-None, Absent-Mayor Dove, Council• man Kolb, Councilman Welu not voting. Presiding Officer Pro Tem Welu stated that this is an adjourned meeting of the regular meeting of December 2, 1957 for the pur• pose of acting upon such business as may properly come before a regular meeting of the City Coun• oil. December 6, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: During the last few months the demand for parking and a turn- over of parking has increased to a great extent on 13th Street be- tween Iowa Street and Central Avenue, At the present time park- ing is controlled by nine hour meters, Because of the increased congestion in this area and the demand by shoppers for parking spaces, itrs beleived that the nine hour meters should be replaced by two hour meters. It is believed that this change will increase the turnover of ve- hicles parked in curb parking stalls and reduce the congestion caused by vehicles circling the block look- ing for parlring space. It is recommended that nine hour meters on West 13th Street from Central Avenue to Iowa Street be replaced by two hour meters. Respectfully submitted, L. J. Schiltz, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Kintz- inger, Carried by the fallowing vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb. December 6, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen, The Traffic Department has been investigating the complaints re• ceived by their department and also the petition referred to the City Council regarding stop signs at various intersections off of Hill- crest and Asbury Road. It is recommended that Asbury Street be made a through street and that stop signs be authorized at each one of the intersections from University to the city limits. Also that stop signs be installed on Chaney Road and Hillcrest Road so that Hillcrest will have the right- ofway. It is also recommended that stop signs be placed at Valleyview and Avalon Road so that Avalon will have the right-of-way. These signs have been placed by the Street Department. It is recommended that the prop- er procedure be prepared so that the ordinance will be up-to-date. Respectfully submitted, L. J, Schiltz, City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved and proper proceedings be prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb. Adjourned Regular Session, December 9, 1957 461 December 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have ap• proved the following bond and de• sire to have your approval on same for filing, subject to the approval of the City Solicitor: HEATING Barney Olansky, D/B/A Enterprise Heating & Air Conditioning, Co• lumbia Casulty Co. Respectfully submitted, L. J. Schiltz, City Manager Councilman Schueller moved that the bond be filed subject to the approval of the City Solicitor. Seconded by Presiding officer Pro Tem Welu. Carried by the follow ing vote: Yeas-Presiding officer Pro Tem W e 1 u , Councilmen Kintzinger, Schueller. Nays-None, Absent-Mayor Dove,. Council- man Kolb, December 9, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In order that each department of the city government can prepare a work schedule for its employees the working hours must necessar• ily be determined. When the budget was submitted to the City Council in August pro• vision was made to reduce hours in all departments under my juris- diction to a forty hour week, ex• ^ept the Fire Department whose hours were reduced to 68 in July 1957 by the state legislature. The council in approving the budget provided 'the necessary funds far this reduction in the work week, which conforms to other cities and private business working hours. The city hall of• fices will likewise be closed on Saturday mornings. I recommend that the council tentatively approve the forty hour week as outlined above until the personnel rules and regulations, po• sition classification and pay plan are approved.. by the Councih Respectfully submitted, L, J, Schiltz, City Manager Presiding officer Pro Tem moved that the recommendation of the City Manager be approved. Second• ed by Councilman Kintzinger. Car- ried by the folowing vote: Yeas-Presiding Officer Pro Tem W e 1 u , Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council• man Kolb; December 7, 1957 To the Honorable Mayor and City Council Dubuque, Iowa '" Gentlemen: Regarding .the petition of St. Mary's Church requesting that cer• tain action be taken by the City Council in things that have to' do with the proposed remodeling of St. Mary's Casino into a school building, request number one 'was that permission be granted to'run an S" steam line and 2~Z"' con• densate line in the alley and across 16th Street to serve the Casino building. It is recommended that this re- quest be granted provided it is installed according to regulations of the City. The second request was that permission Abe granted to install a canopy over the main entrance located on White Street. This canopy will extend a distance of four feet out from the building and there seems to be no reason why this request should not be granted. It is recommended that the re- quest for the installing of a canopy be granted provided that all' `of the regulations of the City.`' are complied with and that the ...City is protected from' any liability caused from the constritetion'' of said canopy.. The third request is that sections of 16th Street and White Street be blocked off during the construc• tion of the. building, , It is recommended that St. Mary's Church be granted per- mission to block the north side of F '~ l''.~ 462 Adjourned Regular Session, December 9, 1957 16th Street during construction of the building provided a walkway with a railing is installed on the street side of this area. The fourth request was that cer• taro portions of White Street, 16th Street and the alley be vacated whore the proposed building will encroach upon the alley, 16th Street and White Street from 1-3/8" to approximately ii~/z". This request has been referred to the Planning & Zoning Commission who have made recommendation to the City Council, As far as the City is concerned I see no objection to vacation of t h e s e small parcels of property, Respectfully submitted, L. J. Schlitz City Manager Councilman Kintzinger moved that the recommendation of the City Manager be approved, Sec• onded by Councilman Schueller. Carried by the following vote: Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Schueller. Nays-None. Absent - Mayor Dove, Council- man Welu. December 5, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At a meeting of the Dubuque Planning and Zoning Commission, November 26, 1957, Mr. Francis O'Connor of the law firm O'Con- nor, Thomas, McDermott a n d Wright, represented St. Mary's Church, explained the request which ho submitted the evening before to the City Council for certain slight vacations of streets and alleys along White Street, 16th Street and alley between Jackson and White Streets, found necessary in making plans to revamp St. Mary's Casino for additional school facilities, the Planning and Zoning Commission sees nothing detri- mental to the City in granting this request and hereby recommends to your honorable body the granting of said petition. Respectfully submitted, DUBUQUE PLANNING ZONING COMMISSION by Richard V. McKay Sr. Secretary Presiding officer pro tem Welu moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Coun- Gilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. ' Nays-None. Absent-Mayor Dove, Council- man Kolb. December 9, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: After investigating the lighting conditions in Hillcrest Subdivision and North Grandview Avenue the following new street lights are recommended; 1, Carter Road and Valley View. Road. 2, Carter Road and Hillcrest Road. 3, Hillcrest Road and Jeffrey Drive. 4. Jeffrey Drive and Valley View Road, 5. Carter Road between Hill• crest and Valley View. 6, Jeffrey Drive between Hill- crest and Valley View. 7. North Grandview Avenue and Audubon Street, 8. Atlantic Street and N o r t h Grandview Avenue. 9. Audubon Street and N o r t h Grandview Avenue. 10. Half way between North Al- gona and Avoca Streets, 11. At alley between Rosedale Avenue and Clarke ])rive. 12, Move light on Clarke Drive and North Grandview Avenue to northwest corner. 13. Move light on Rosedale Ave• nue to point half way between Audubon and Atlantic Streets. Respectfully submitted, L, J, Schlitz, City Manager Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kintzingor. Car- ried by the following vote: Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Coun~il- man Kolb. Adjourned Regular Session, December 9, 1957 463 December 5, 1957 To the Honorable-Mayor and City Council Dubuque, Iowa Gentlemen: Referring to attached petition of Mr. Georgo Roepsch, 1471 Main Street, asking for reclassification of said property from multiple res- idence to business classification so that he may build a combination garage and upholstery shop on the back of same, the Planning and. Zoning Commission recommends to your honorable body the extension of the present business district northerly from adjoining property south to include his property. The business district already in- cludes the next lot to the south and the Planning and Zoning Com- mission feels that Mr. Roepsch is justified in wanting his lot inc'lud• ed in same business district. Respectfully submitted, PLANNING & ZONING COMMISSION by Richard V. McKay Secretary Councilman Kintzinger moved that the recommendation of t h e Planning & Zoning Commission be approved and that proper proceed- ings be prepared. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None, Absent-M a y o r Dave, Council- man Kolb, December 7, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The petition of J. H, Schlitz re- questing rezoning of the west two hundred feet of Lot 1 of 1 of Mineral Lot 376A to Local Busi- ness District A Classification has been considered by the Planning and Zoning Commission. This land is located adjacent to Kane Street Extension and a part of a -large subdivision de- velopment. The Planning and Zoning Com• mission recommends that this re- quest be granted. Respectfully. submitted, DUBUQUE PLANNING & ZONING. COMMISSION by Richard V, McKay. Secretary Councilman Kintzinger.:... moved that the recommendation of t h e Planning & Zoning: Commission be approved, and: that proper pro• ceedings be prepared, Seconded by Councilman Schueller. Carried by the following vote; - Yeas-Presiding dfficer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent--Mayor Dovo,` Council- man Kolb. December 7, 1957 To the Honorable Mayor and City Council. Dubuque, Iowa- Gentlemen; The extension of Grandview Ave- nue to Clarke Drive has been com-.. pleted. Due to the relocation'there are two sections of streets and an alley no longer needed. The Plan- ning and Zoning Commission rec• ommends that the parcels shown on the attached plats and being a part of Atlantic Street, Rosedale Avenue and the alley from Rose- dale Avenue to Algona Street, first south of North Grandview Avenue be vacated, The new parcels are shown as Lot 178A, Woodlawn Park Addi- tion and Lot 29A, Woodlawn Park Addition. Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By Richard V, McKay Secretary Councilman Kintzinger moved that the recommendation of t h e Planning & Zoning Commission be approved and that proper proceed ings be prepared, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, C o u n c i l m e n Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb. 464 Adjourned Regular Session, December 9, 1957 Notice of claim of Max Retten- berger in the amount of $100 for damages to his home as the re- sult of blasting done in the area by Schueller & Company in the process of constructing a sewer, during the last half of October 1957, presented and read. Council- man Kintzinger moved that the claim be referred to the City So- licitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb. Decomber 9, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have examined the claim of Wilma E, Nickles, 2216 White street for damages alleged to have been sustained November 20, 1957, and can find no negligence on the part of the City, and recommend that the claim be denied, Respectfully, T. H, Nelson Councilman Kintzinger moved .that the recommendation of the City Solicitor be approved. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Presiding Officer Pro Tern W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dave, Council- man Kolb, December 9, 1957 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: I have examined the photostatic copy of Assignment of Franchise and Acceptance thereof, executed by North Central Public Service Company and Northern Natural Gas Company, respectively, togeth• er with the forwarding letter, and find the same acceptable, and rec- ommend that all three instruments be made a matter of record; Respectfully, T. H. Nelson CouncIlman Schueller move d that the recommendation of the City Solicitor be approved. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb, PEOPLES NATURAL GAS DIVISION OF NORTHERN NATURAL GAS COMPANY OMAHA 1, NEBRASKA November 8, 1957 The Honorable Mayor and City Council City of Dubuque, Dubuque, Iowa Gentlemen: As you know, on' November 1 Peoples Natural Gas undertook the operation of the natural gas dis- tribution system in Dubuque. It is our desire to not only carry on the fine service of our predecessor but to offer additional and improved service to your community wher- ever possible. We are convinced that Dubuque is a community that is looking ahead to progress. and it is our sincere desire to coope- rate with you and the citizens of your community in every way pos- sible to further such progress. We are. enclosing for your in- formation aphotostatic copy of the Assignment of Franchise wherein North Central Public Service Co. assigned to us the Franchise to operate the gas distribution system in your city. You will note that on page two of such instrument we accept the assignment of the Fran- chise and agree to carry out, per- #orm and be bound by its terms, provisions and conditions. We hope that this instrument will serve to give you formal assurance of our acceptance of such Franchise and its provisions, Yours. very truly Ray L. Harrison President Adjourned Regular Session, December 9, 1957 465 ASSIGNMENT OF FRANCHISE KNVOW ALL MEN BY THESE PRESENTS, That North Central Public Service Co., an Iowa cor- poration with its principal place of business in Dubuque, Dubuque County, Iowa, in consideration of One ($1.00) Dollar and other val- uable considerations in hand paid, the receipt of which is hereby acknowledged, does hereby assign, transfer and set over to Northern Natural Gas Company (operating as Peoples Natural Gas Division) the certain franchise granted by the City of Dubuque, Iowa, and last renewed by ordinance effec- tive April 26, 1945, and granting to The Key City Gas Company, its successor and assigns, the right to retain, extend, maintain and operate its gas distributing system in the City of Dubuque, Iowa, and to lay and maintain its gas pipes and appurtenances thereto, in, un• der, through, across and upon streets, avenues, alleys, bridges, parks, highways and public places of said City and additions thereto. November 1, 1957. NORTH CENTRAL PUBLIC SERVICE CO By R. G. Donovan President By M. C. Hoogesteger Assistant Secretary (North Central Public Service Co.) (Iowa Corporate Seal ) State of Minnesota) County of Ramsey) SS: On this 1st day of November A. D. 1957, before me, the under- signed, aNotary Public in and for said County and State, personally appeared R. G. Donovan and M. C. Hoogesteger, to me personally known, who being by me duly sworn, did say that they are Presi- dent and Asst. Secretary respec- tively of North Central Public Service Co.; that the seal affixed thereto'is the seal of said cor- poration; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said R, G. Donovan as such Pres- ident, and the said M. C. Hoog- esteger as such Asst. Secretary acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. William R. Busch Notary Public in and for Ramsey County, Minn. My Commission expires Apr. 18, 1864. (Notarial Seal) ACCEPTANCE' Northern Natural Gas Company (operating as Peoples Natural Gas Division) hereby accepts the as• signment of the above and fore- going ordinance and franchise granting to the Key City Gas Com- pany, its successors and assigns, the right to retain, extend, main- tain and operate its gas distribut- ing system in the City of Dubuque, Iowa, and to lay and maintain its gas pipes and appurtenancesthere• to in, under, through, across and upon streets, avenues, alleys, bridges, parks, highways and pub- lic places in said City and addi• tions thereto. And the undersigned does hereby agree to carry out and perform and be bound by the terms, pro• visions and conditions in said or- dinance and franchise contained. IN WITNESS WHEREOF said Northern Natm~al Gas Company (operating as Peoples Natural Gas Division) has caused this Accept- ance to be executed by its officers duly authorized thereto and its cor- porate seal affixed this 1st day of November 1957. NORTHERN NATURAL GAS COMPANY (operating as People Natural Gas Division) By Roy L, Harrison Vice President By B, H. Harper Secretary (Northern Natural Gas Company) (Delaware-Corporate Seal 1930 ) STATE OF NEBRASKA) SS: COUNTY OF DOUGLAS) On this 1st day of November A. D. 1957, before me, the under- signed, aNotary Public in and for said County and State, per- sonally appeared Roy L. Harrison and B. H. Harper to me personally known, who being by me duly 466 Adjourned Regular Sossion, December 9, 1957 sworn, did say that they arc Vice President and Secretary respect- ively of Northern Natural Gas Com• pony; that the seal affixed there- to is the seal of said corporation; that said instrument was signed and sealed on behalf of said cor- poration by authority of its Board of Directors; and that the said Roy L. Harrison as Vice President, and the said B, H. Harper as such Secretary, acknowledged the execu- tion of said instrument tD be the voluntary act and deed of said corporation, by it and by them vol- untarily executed, Ralph P. Blodgett Notary Public in and for Douglas County, Nebraska. My Commission expires Sept.. 4, 1958. Ralph P. Blodgett-Douglas County -Nebraska Seal Commission ex- pires Sept. 9, 1958, Communication of Interstate Power Company proposing the ad- dition of a fuel adjustment clause to all of Interstate Power electric rate schedules which presently do not contain such a provision and also submitting a proposed ordi- nance, presorted and read, Councilman Kintzinger moved that the communication and the Ordinance be referred to the City Manager, City Solicitor and Gity Council for further study. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Presiding Officer Pro Tom W e 1 u, Councilmen Kintzinger, Schueller, Nays-None. Absent-Mayor Dove,. Council- man Kolb. Proof of publication, certified to by the Publisher, of notice of Rec- ord of Hearing and Certification to amend current budget, presented and read. Councilman Schueller moved that the proof of publica• tion be received and filed. Sec• coded by Councilman Kintzinger. Carried by the following vote; Yeas-Presiding Officer Pro Tem Welu, C o u n c i l m e n Kintzinger, Schueller, Nays-None, Absont-Mayor Dove, Council- man Kolb, No written objections were filed and no objectors present in t b e Council Chamber at the time set far said public hearing, ORDINANCE N0. 63.57 An Ordinance Amending Budget as approved by Resolution No. 166- 56 and Ordinance No, 1-57, having been previously presented and read at the meeting of November 25th, 1957, final adoption of same being subject to public hearing, pre- sented for Final Adoption. ORDINANCE NO. e$-5T An Ordinance amending Budget as approved by Resolution No, 166.56 and Ordinance No. 1-57. Be It Ordained by the City Councn of the City of Dubuque: That the unexpended cash balances on hand at the close of the preceding fiscal year not estimated or appropri- ated in the original budget approved by Resolution No, 166-66 and Ordi- nance No. 1.57 are hereby allocated and appropriated for payment of nec- essary ,expenditures of City Govern- ment, mthe fallowing amounts and for the purposes as hereinafter set forth, and to that end the appropria- tions and allocations of funds are hereby authorized, to-wit; RECEIPTS Unencumbered Fund Balance Total Street Road Use Tax Fund ..........$82,500.00 $82,500.00 The Street Road Use Tax Fund budget increase of $82,604.40 is appro- priatedfor Street Repairing and Street Construction. EXPENDITURES Street Road Use Tax Fund ....$62,500.00 Item No. 132 Street Repair- ing and Grading 37,540,OQ Item No, 185-J Street Con- struction .............. 45,404.40 $s2,5oa,4o $sa,544,40 These appropriations shall be paid from Unencumbered Cash Balance over and abovo cash balance anticipated January 1,1352 Total Additional apprgpria- tions for the expenditure of City Government of the City of Dubuque, Iowa, for the fiscal year beginning Janu- ary 1, 1957 and ending De- cember 31, 1957 ...........................$82,500.00 Passed upon first reading this 25th day of November, 1957. Passed, adopted and approved upon final reading this 9th day of Decem- ber, 1Q57. Clarenco P. Welu, Presiding Officer Pro Tem. Leo N, Schueller,. Charles A. I{intaingex, Counci]men. Attest: Leo F. Frommelt, City Clerk.. Published officially in the Te~e- graph-Herald newspaper this 13th day of December, 19~eo F. Frommelt, City Clerk. lt. 12/13 Councilman Schueller moved the adoption of the Ordinance, Seeand- T Adjourned Regular Session, December 9, 1957 467 ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen I{intzinger, Schueller. Nays-None. Absent `Mayor Dove, Council- man Kalb, ORDINANCE N0. 64•SI An Ordinance Amending Ordi- nance No. 33.49 known as the Traf- fic Code for the City of Dubuque, by adding anew- SectiDn 79 to Schedule VI thereof, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing• er, Carried by the following vote; Yeas-Presiding Officer Pro Tom Welu, C o u n c i l m e n Kintzinger, Schueller. Nay9-1~1Dne. Absent-Mayor Dove, Council- man Kolb, Councilman Schueller moved that the rules be suspended requiring an Ordinance to be read on three separate days, Seconded by Coun- cilman Kintzinger, Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, C o u n c i l m e n Kintzinger, Schueller, Nays-None. Absent-Mayor Dove,, Couneil- man Kolb. ORDINANCE NO. 64.57 An Ordinance Amending Ordinance No. 33.49, Itnown as The Traffic Code" of the City of Dubuque, by add- ' ing a new Section 79 to Schedule VI thereof. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UU- BUQIIE, lOWA, as follows: Section 1. That Ordinance No. 33-49, known as "The Traffic Code" of the City of Dubuque, be and the same is hereby amended by adding a rely Sec- tion 79 to Schedule VI thereof, as fonows; ' 79 - On the south side of Loras Boulevard from Prairie Street to ~Palnut Street." Section 2. This Ordinance shall be in frill force and effect from and after its final passage, adoption and publi- cation as by law provided. Introduced the 9th day of Decem- ber, 1957. Rule requiring reading on throe separate days suspended by unanimous vote the 9th clay of December, 1957. Passed by recorded roll-call vote, adapted and approved this 9th day of December, 1957. Clarence P, Wetu, Presiding Officer Pro Tem. Leo N. Schueller, Charles A. Kintzinger, Councilmen. Attest; Leo C Frommelt, City Clorlc, Published officially in The Tele- graph-Herald Newspaper this 13th day of becember, 1957. Leo F. Frommelt, City Clerk. lt, 12J13 Councilman Schueller moved the adoption of the Ordinance. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb. Petition of Westminster Presby- terian Church of Dubuque, request- ing vacation of that part of Ashton Place and an alley located within the new church site at the coiner of Loras and University, presented and read. Presiding Officer Pro Tem Welu move4 that the petition be referred to the Planning & ~on- ing Commission, Seconded by Councllman Schueller, Carried by the following vote, Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller, Nays-None, Absent--Mayor Dove; Council- man Kolb. Petition of Continental Baking Company requesting removal of two parking meters if possible and if not change them to twelve min- ute parking meters in the front of the building at 420 Central Ave- nue, said building soon to be oc- cupied by them, presented and read, Presiding Officer Pro Tem Welu moved that the petition be referred to the City Manager and Police Chief for' investigation and report, Seconded by Councilman I{intzinger. Carried by the follow- ing vote: Yeas-Presiding Officer Pro Tem Welu, Councilmen K l n t z i n g e r, Schueller. nays-None. Absent-Mayor Dove, Council- man Kolb. Petition of Edward M. Namnan et al requesting that application far zoning reclassification of t h e Leonard & Velma Hcaly property located on the southeast corner of Central Avenue and 30th street be 46S Adjourned Regular Session, December 9, 1957 granted, presented and read, Pre- siding Officer Pro Tem Welu moved that the petition be referred to the Planning & Zoning Commis- sion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. NaysmNone, Absent--Mayor Dove, Council- man Kolb. Petition of Schueller & Co., re- questing athirty day extension of time for the completion of the con- struction of the Catfish Creek Sew- er Project No, 2, presented and read. Councilman Kintzinger moved that the request be granted. Sec- onded by Presiding Officer Pro Tem Welu. Carried by the fol- lowing vote; Yeas-Presiding Officer Pra Tem W e 1 u, Councilmen Kintzinger, Schueller, Nays-None. Absent-Mayor Dave, Council- man Kalb. Petition of Gene A. Chapman, re- questing arefund of $50 on the un- expired portion of cigarette license No. 217, as he has discontinued business as of December 3, 1957, presented and read. Councilman Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant pay- able to Gene A, Chapman, in the amount of $50 to cover the amount due on the unexpired portion of cigarette license No, 217. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kolb, Petition of Jane Hartshorn re- questing arefund of $50 on the un- expired portion of cigarette license No. 255, as she has discontinued business as of November 5, 1957, presented and read. Councilman Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant payable to Janc Hartshorn in the amount Adjourned Regular Session, December 9, 1957 469 siding Officer Pra Tem Welu moved that the petition be referred to the City Manager. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, Councilmen K f n t z i n g e r, Schueller. Nays-None, Absent -Mayor Dove, Council- man Kolb, Proof of Publication, certified to by the Publisher, of Notice of Levy of Special Assessment and Inten- tion of the City Council to issue bonds for the construction of an eight (8) inch sanitary sewer be- ginning at the existing manhole at the intersection of Marmora Avenue and Pennsylvania Avenue, thence westerly 51,53' on Pennsyl- vania 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 prop- erty line of the west '/z of Lot 1 of 3 to Wilson Dubuque, thence 145' southerly from the intersec• tion of Montana Street and Mer• feld Lane and thence northerly on Montana street from the intersec- tion of Montana Street and Mer- feld Lane to the southerly prop- erty line of Wilbricht Lane, and thence 200' westerly from the cen• ter line of Montana street through Lat 1 of 1 of Lot 8 & 9 of Wilson's Dubuque, presented and read. Councilman Schueller moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kintzinger. Carried by the fallowing vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen I{intzinger, Schueller. Nays-None. Absent -Mayor Dove, Council- man Kolb. CITY OF DU6UQUE, IOWA SCWEDULE OF ASSESSMENTS MONTANA STREET•MERFELD LANE SANITARY SEWER RESOLUTION N0. 245.57 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the construction of an eight (8) inch sanitary sewer be- ginning at the existing manhole at the intersection of Marmora Ave- nue and Pennsylvania Avenue, thence westerly 51,53' on Fennsyl• vania 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 i of 3 of Wilson Dubuque, thence 145' southerly from the intersection of Montana Street and Merfeld Lane, and thence northerly on Mon- tana Street from the intersection of Montana Street and Merfeld Lane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center line of Montana Street through Lot 1 of 1 of Lot 8 Rc 9 of Wilson's Dubuque by McDonnell Excavating Service of Dubuque, Iowa, contractor in front of and adjoining the same, a special tax be and is hereby lev- ied on the several lots, and parts of lots, and parcels of real estate all as named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as set forth in the follow- ing schedule. Nicholas & Marie Merfeld, Lot 1, Merfeld Plaoe 443,73 Nicholas & Marie Merfeld, Lot 2, Merfeld Place ... 319.22 Lester M. & Evelyn R, Sahm, E. 50'•1-1.2-3 of Link°s .Sub ................... 265.02 Lester M & Evelyn R, Sahm 2.1-2.1.3, Link's Sub .... 248,47 Adolph G, & Cecelia J, Som- merfield, 1-1.2.2-1.3, Link's Sub ................... 28b,71 Adolph G. & Cecelia J. Som- merfield, 2.1-2.2-1.3, Link's Sub . .................. 285,71 Arthur H. & Clara Beck, 2.2-2.1.3, Link's Sub, .. , . 285.71 Joseph F, & Janette D, Ros- camp, E. 12.5'•2.3, Link's Sub . ................... 66,51 Joseph F. & Janette D, Ros- camp, W, 60'•4, Link's Sub . ............. ,. 319.23 Robert N. & Evla Jeane Goedert, E. 187.18'•4, Link's Sub . ........ . . . . 995.99 of $50 to cover the amount due to the unexpired portion of cigarette license No. 255. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, .Councilmen Kintzinger, Schueller, Nays-None, Absent -Mayor Dove, Council- man Kolb. Petition of R. J. Welu, request- ing arefund of $50 on the unex- pired portion of cigarette license No. 195, as he has discontinued business as of December 1, 1957, presented and read. Councilman Kintzinger moved that the refund be granted and the Auditor in- structed to draw a warrant pay- able to R. J. Welu in the amount of $50 to cover the amount due on the unexpired portion of cigarette license No, 195. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent -Mayor Dove, Council- man Kolb. Petition of Mary Mae Dedour- nette d/b/a Hollander Air Condi- tioning Systems requesting cancel- lation of 'the bond issued to her, presented and read. Presiding Of- ficer Pro Tem Welu moved that the request be granted providing there are no outstanding claims. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent -Mayor Dave, Council- man Kolb, Petition of Medical .Associates Realty Company requesting per- mission to erect a canopy along the east wall of their building on 12th & Main Street to the alley ex- tending four feet beyond the prop- erty line over the sidewalk which at its lowest point would be nine feet two inches above the side- walk to conform with the proposed plan in the expansion of their building, presented and read, Pre• 47U Adjourned Regular Session, Decamber 9, 1957 Gertrude E. 3r Earl Marsch, W.'~-1-3 Wilson's Du- buque ................. 925,77 D. I. & D. G. Meyer, W. 198' 2.3 Wilson's Dubuque .. 223.46 D. I. & D, G, Moyer, W, 198' S. 23'-2.2 Wilson's Du- buquo ............. ... 122.37 D, h & D, G. Meyer, N, 15' 2-2, Wilson's Dubuque 95.77 D. I. & D. G, Meyer, Lat 1-2 Wilson's Dubuque . , .... 425.64 Joseph F, & Catherine C, Costa, Lot 3, Elva Place . 313.91 John B. Link, Lot 2, Elva Place .................. 313,91 Bernard & Jean Ann Schmitt 2-1-1.1.1-10 & 11 Wilson's Dubuque ...... 266.02 James M. & Mary Mortensen 2.2.1.2.10 & 11 Wilson's Dubuque ............... 393.72 Charles J. & E. Elda B. Bue• low, 12-1.2.10 & 11, Wil- son's Dubuquo . ........ 393.72 Walter E, & Agnes M, Strub 1.1.1.8 & 9, Wilson's Du- buque ................. 393,72 Harold P. 8i Betty J, Gott- schalk, 2.1.12-$ & 9, Wil- son's Dubuque ........, 393.72 James & Joan Waddick 2.1.2.8 & 9, Wilson's Du- buque ................. 329,87 Gertrude Ertl, 1.2-1.8 & 9, Wilson's Dubuque ...... 947.05 Edwin M. & Rita C, Duster, Lot 2, Dustor Place ...... 532,05 .Edwin M. & Rita C. Duster, Lot 3, Dustor Place ...... 319.22 Glenn E. & Rosalyn Carris, Lot 1, Block 1, Glen Carris Sub . ... .... .......... 383,07 Glenn E. & Rosalyn Carris, Lot 2, Block 1 Glen Carris Sub . ...... ............ 354.88 Glenn E, & Rosalyn Carris, Lot 3, Block 1 Glen Carris Sub . ................... 354.88 Glenn E. & Rosalyn Carris, Lot 4, Block 1 Glen Carris Sub . ... ............... 354.88 Glenn E. & Rosalyn Carris Lot 5, Bloclc 1 Glen Carris Sub .................... 354.88 Glenn E, & Rosalyn Carris, Lot 6, Block 1 Glen Carris Sub . ................... 354.34 Glenn E. & Rosalyn Carris, Lot 1, Carris Montana St. Sub . ................... 313.91 John & Adell Herting, Lot 2, Carris Montana St. Sub.. 313.91 Frank E. & Dorothy Miller, Lot 12-A, Wilson's Du- buquo ................. 212,82 $12,903,79 1940.9 Lin. Ft, 8" V.T.P. @ 3,25 ~ - • ~ • . • ~ ~ . 6,307.92 33 No, of 8"x6" Y Branches C~ 12.50 .. .... .. .. 412,50 79 Lin. Ft. Manhole Side- walk @ 22,00 ....... , 1,738.Q0 9 No. of Manhole Bases @25.00 ... 225.00 9 No. of Manhole wings and covers ~ 70,00 ..... • • 630,00 179 Cu, Yds. Excavation Rock @ 15.00 ........ 2,610,00 X21 Cu, Yds. Excavation Rock Cs 15,00 315.00 12,238.42 '`Less City Share . , ...... 315.00 11,923.42 7.5% Extra Expense ...... $94,26 5% Interest - 62 Days ... , 86:11 12,903.79 Ail of which is asessed in pro- portion to the special benefits cop.- ferred, City share -Park Board -not assessable. Construction Cost . , .. 1,707.88 Engineering & Canstruc• tion .... . ............. 123A~ 1,835.97 Passed, adopted and approved this 9th day of December, 1957. CLARENCE P, WELD Presiding Officer Pro Tern LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmon Attest: LEO F. FROMMELT City Clerk, Councilman Schueller moved the adoption Qf the resolution. Sec- onded by Councilman Kintzingar. Carried by the followiltg voto: Yeas-Presiding Officor Pro Tom Welu, Councilmon Kintzinger, Schueller, Nays-None, Absent-Mayor Dove, Council- man Kolb. RESQLUTIpN MQ, 2467 Resolution providing for the is- suance of sewer bonds for the purpose of providing for the pay ment of the assessed cost of con- structing asanitary sewer in Mon- tana Street and Merfeld Lane. T Adjourned Regular Session, Llecember 9, 1957 471 Whereas the contract heretofore entered into by the City of Du- buque, Iowa, for the improvement hereinafter described has been completed and the City Manager has certified the completion there- of to the City Council and tho City Council has ascertained the cost thereof and has determined that $12,903.79 dollars of tl~e cost thereof shall be assessed against the property subject to assessment therefor; and Whereas public notice, as pra• vided by law, has been published by the City Clerk stating the in- tention of the City Council to k- sue bonds for the purpose of pro- . viding far the paymen± of the as- sessed cost of said improvement and a public hearing has been held, pursuant to such notice and all objections made thereto have have been considered and de- termined: NOW THEREFORE BE IT RE• SOLVED by the City Council of the City of Dubuque: 1. That to provide for the pay- ment of the assessed cost of the construction of an eight (8) inch sanitary sewer beginning at the ex- isting manhole at the intersection of Marmora Avenue and Pennsyl- vania Avenue, thence westerly 51.53' on Pennsylvania Avenue, thence northerly through Flora Park to Lot 1 of Merfeld Place, thence northerly through Lot 1 of Merfeld Place to Merfeld Lane, thence easterly on Merfeld Lane to the easterly property line of the West ~/z of Lot 1 of 3 of Wilson Dubuque, 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 Wil- e. bricht Lane, and thence 200' west- erly from the center line of Mon- , tana Street through Lot i of 1 of Lot 8 & 9 of Wilson's Dubuque. There shall be issued Sewer bonds in the amount of $12,903,79 in anticipation of the deferred pay- ment of assessments levied for such improvement, 2, Such bonds shall be called Sewer Bonds; and shall bear the date of January 9, 1958; and shall be numbered consecutively; a n d they shall be numbered, divided into series, and be in such de- nominations and for such maturity dates as are shown in the follow- ing table; Series No. 1, Bond No. 1221 and 1222, denomination $500.00 each, Maturity AprA 1, 1959. Series No. 2, Bond No. 1223 and 1224, denomination $500,00 each, maturity April 1, 1960. Series No. 3, bond No. 1225 and 1226, denomination $500.00 each, maturity April 1, 1961. Series No, 4, bond No. 1227 and 1228, denomination $500.000 each, maturity April 1, 1962. Series No. 5, bond No. 1229 and 1230, denomination $500.000 each, maturity April 1, 1963, Series No. 6, bond No. 1231, 1232 and 1233, denomination $500,00 each, maturity Apri4 1, 1964. Series No, 7, bond No. 1234, 1235 and 1236, denomination $500.00 each, maturity April 1, 1965. Series No. 8, bond No. 1237; 1238 and 1239; denomination $500.00 each, maturity April 1, 1966... Series No, 9, bond No, 1240, 1'l41 and 1242, denomination $500.00 each, maturity April 1, 1967. Series No. 10, bond No. 1243, 1244 and 1245, denomination $500.00 each, maturity Aprii 1, 1968. Series No. 10, bond No. 1246, de- nomination $403.79, maturity April 1, 1966. 3. Said bonds shall bear interest at the rate of 5 per cent per an- num, payable semi-annually in ae- aordance with coupons thereto at- tached: 4, Said bonds shall not make the City of Dubuque liable in any way except for the application of said special assessment funds. 5. Said bonds shall provide that they may be payable at any time prior to the maturity date stated therein at the option of the City of Dubuque and shall be in substah- tially the following form: No . .............................. . Series No, .. CITY OF DUBUQUE SEWER BOND 0'he City of Dubuque in t h e State of Iowa promises to pay as hereinafter mentioned to the bear- er hereof, on the first day of . .. ,or at any time before that I~ 472 Adjourned Regular Session, December 9, 1957 date, at the option of the City of Dubuque, the sum of Five Hun- dred dollars with interest thereon at the rate of 5 per cent per an- num, payable semi-annually, on the presentation and surrender of the interest coupons hereto attached. Both principal and interest of this bond are payable at the office of the City Treasurer in the City of Dubuque, in the State of Iowa• This bond is issued by the City of Dubuque under and by virtue of Chapter 396 of the 1954 Code of Iowa, as amended, and the Reso- lution of said City duly passed on the 9th day of December, 1957, being Resohttion No. 246.57. This Bond is one of a series of 26 bonds, 25 for $500.00 numbered 1221 to 1245 inclusive, and one for $403.79 numbered 1246, all of like tenor and date, and issued for the purpose. of constructing an eight (8) inch sanitary sewer in Mon- tana Street and Merfeld Lane, as described in said Resolution, in said City, which cost is payable by the abutting and adjacent prop- erty along said improvements and is made by law a lien on all of said property. It is payable only out of the Special Assessment Fund No. 1198 created by the collection of said special tax, and said fund can be used far no other purpose. It is hereby certified and recited that all the acts, conditions and things required to be done, pre- cedent to and in issuing this se- ries of bonds, have been done, happened, and performed, in reg- ular and due form as required bylaw and said Resolution, and for the assessment, collection and pay ment hereon of said special tax, the full faith and diligence of said City of Dubuque are hereby irrew ecably pledged. IN TESTIMONY WHEREOF the City of Dubuque by its Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk and the Seal of said City to be thereto affixed, this 9th day of January, 1958. (SEAL) Mayor City Clerk (Form of Coupon) On the ..........day of ... , ..... . ......,the City of Dubuque, Iowa, promises to pay to the bearer, as provided in said bond, the sum of ............. Dollars, in the office of the City Treasurer in the City of Dubuque, being ..... months' interest due that date on its ...... ............Bond No . ............ dated .............................. Mayor City Clerk 6. That the Mayor and City Clerk be and they are hereby instructed to cause said -bonds to be prepared and when so prepared to execute said bonds and that the City Clerk be and he is hereby instructed to register said bonds in a boolc kept for that purpose and to then deliver them to the City Treasurer. 7. That the City Treasurer is hereby instructed to sell said bonds in the manner provided by law, the .proceeds of said sale to be placed in a special fund to be known as Special Assessment Fund No. 1198 and paid out by him to pay the cost of said contract, 8. That the interest coupons at- tached to the bonds be signed with the facsimile signature of the Mayor and countersigned with the facsimile signature of the City Clerk. 9. That as fast as funds allow, beginning with the second year after the payment of Interest dug, these bonds shall be called and retired in the same order as num- bered. Adopted this 9th day of Decem- ber, 1957. CLARENCE P. WELU Presiding Officer Pro Tem LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest; Leo F, Frommelt City Clerk Councilman Kintzinger moved the adoption of the resolution, Sec- Adjourned Regular Session, December 9, 1957 473 onded by Councilman Schueller. Carried by the following vote: Yeas-Presiding officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None, Absent®Mayor Dove, Council• man Kolb, STATE OF IOWA ) )SS. COUNTY OF DUBUQUE) I Robert P, Smith, certify that on the 12th day of November, 1957, I posted copies of the at- tached notice of levy of special assessment and intention of the City Council to issue bonds, along the line of improvement 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 ~/z of Lot 1 of 3 of Wil- son Dubuque, 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 Zane to the southerly property line of Wilbricht Lane, and thence 200' westerly from the center 1u7e of Montana street through Lot 1 of 1 of Lot 8 & 9 of Wilson's Du- buque. Robert P, Smith Subscribed and sworn to before rne, a Notary Public this 12th day of November, 1957• (SEAL) Leo F, Frommelt Notary Public in and for Dubuque County, Iowa Councilman Schueller moved that the statement be made a matter of record. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays None, Absent-Mayor Dove, Council- man Kolb• Proof of Publication, certified to by the Publisher, of notice on pub- lie hearing to consider the pro- posa'1 to dispose of Lot B-11. Booth's Addition, in the City of Dubuque, Iowa to Fischer Invest- ment Co. There were no objections filed and no objectors were present in the Council Chamber at the time set for the public hearing. Presiding officer Pro Tem Welu moved that the proof of publica- tion be received and filed; Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councihmen Kintzinger, Schueller, Nays-None. Absent - Mayor Dove, Council• rnan Kolb. RESOLUTION N0. 214.51 Whereas Fischer I n v e s t m e n t Company has offered to purchase Lot B-11, Booth's Addition in the City of Dubuque, Dubuque County, Iowa, for the sum of $422.50; and Whereas the City Council has determined that said property is not presently required for public use and that it is in the best pub- lic interest that said offer be ac- cepted; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUN- CIL OF THE CITY OF DUBUQUE; Section 1: That Lot B-11, Booth's Addition, in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby conveyed. to Fischer Investment Company and the Mayor and City Clerk author- ized and directed to execute and deliver a Quit Claim Deed convey- ing all right, title and interest of the City of Dubuque in and to said lot to Fischer Investment.. Com- pany and to deliver said. deed upon receipt of the sum' of $422,50; 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. 474 Adjourned Regular .Session, December 9, 1957 Notice of hearing on the fore- going Resolution published in the Telegraph-Herald, November 8tlt, 1957 and November 15th, 1957. Passed and adopted after pub- lic hearing by ananitabus recorded roll call vote, December 9th, 1957. CLARENCE P. WELD Presiding Officer Pro Tem LEO N, SCHUELLER CHARLES A, KINTZTNGER Councilmen Payment received in fuIl De• cember 10th, 1957, Attest: Leo F, Frommelt City Clerlc. Councilman Kintzinger moved the adoption of the resolution, Sec• onded by Councilman Schueller, Carried by the following vote: Yeas-Presiding Officer Pro Tem Welu, C o u n c i l m e n Kintzinger, Schueller. Nays-None. Absent -Mayor Dove, Council- man Kolb, December 5, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is a. plat of "Key Gate Center," a subdivision in Dubuque County. This subdivision is lo- cated at the intersection of U. S. Highway No, 61 and No. 151 and U. S, Highway No. 52 and No, 67, (Kerrigan Road and $ellevue Road), This subdivision has been ap- proved by the Planning and Zon- ing Commission, Respectfully submitted, DUBUQUE PLANNING & ZONING COMMISSION By Richard V, McKay Secretary Councilman Schueller moved that the communication be received and filed, Seconded by Presiding Of- ficer Pro Tem Welu, Carried by the following vote: Yeas-Presiding officer pro tem Welu, C o u n c i l m e n Kintzinger, Schueller. Nays-None. Absent - Nlayor Dave, Council- man Kolb. RESOLUTION N0. 44157 RESOLUTION Approving plat of KEY GATE CENTER. WHEREAS there has been filed with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 1 of Lot 1 'of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 482; Lot 1 of Lot 1 of Lot 1 of Lot l of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 482; Lot 2 of the Southeast Quarter of the South- east Quarter of Section 1, all in Township 88 North, Range 2 East of the 5th P. M.; and Lot 2 of Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 6, Township $8 North, Range 3 East of the 5th P, M.; all in Dubuque County, Iowa is platted as KEY GATE CENTER and, WHEREAS said plat has been examined by the City Plan Corn• mission and had its approval en• dorsed thereon; and, WHEREAS said plat has bean examined by the City Council and they find the same conforms to the Statutes and Ordinances relat- ing thereto; NOW, THEREFORE, BE IT 11.E- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat, Passed, adopted and approved this 9th day of December A. D,, 1957. CLARENCE P. WELD Presiding Officer Pro Tem LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote; ~. Adjourned Regular Session, December 9, 1957 475 Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent - Mayor Dove, Council- man Kolb. December 5, 1957 To the Honorable Mayor and City Counci4 Dubuque, Iowa Gentlemen: Herewith submitted for your con- sideration is a plat of "Iienry Ziegler Subdivision" in Dubuque County. This subdivision is located at the Old Timers Road and Asbury Road. This subdivision has been ap- proved by the Planning and Zoning Commission. Respectfully submitted, PLANNING & ZONING COMMISSION By Richard V. McKay Sr, Secretary Councilman Kintzinger moved that the communication be re- ceived and filed. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays®None. Absent -Mayor Dove, Council- man Kolb. RESOLUTION N0. 448.51 RESOLUTION Approving Plat of HENRY ZIEGLER SUBDIVISION WHEREAS there has been filed with the City Clerlc a plat in which Lot 2 of Lot 5 of John P, Mettel's Subdivision No. 2, being in Du- buque Township, Dubuque County, Iowa is platted as HENRY ZIEG LER SUBDIVISION and, WHEREAS said plat has been examined by the City Plan Com- mission and had its approval en- dorsed thereon; and, WHEREAS said plat has been examined by the City Council and they find the same conforms to the Statutes and Ordinances relating thereto; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the above de- scribed plat be and the same is hereby approved and the Mayor and Clerk be and they are hereby authorized and directed to endorse the approval of the City upon said plat. Passed, adopted and approved this 9th day of December A. D., 1957. CLARENCE P. WELD Presiding Officer Pro Tem LEO N. SCHUELLER CHARLES A, KBVTZINGER Councilmen Attest; Leo F. Frommelt City Clerk Councilman Kintzinger m o v e d the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays--None: Absent -- Mayor Dove; Council- man Kolb. ' December 9, 1957 To the Honorable Mayor and City Council City of Dubuque Dubuque, Iowa Gentlemen: The Ramona Street-Adeline Street Sanitary Sewer has beets completed in accordance with plans and specifications by the Hennessey Brothers Construction Company of Cedar Rapids, Iowa. I therefore recommend that the improvement be accepted. Respectfully submitted, L. J, Schiltz City Manager. Presiding Officer Pro Tem Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen 1{intzinger, Schueller. Nays-None. Absent -- Mayor Dove, Council- man Kolb. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0. 449.61 WHEREAS, the contract for the construction of an eight (8) inch sanitary sewer beginning at the existing sanitary in Lot 7 of Rose Hill Addition, thence northwesterly 476 Adjourned Regular Session, December 9, 1957 to the intersection of Robin Street and the first alley west of English Lane, thence northerly to the southeast property line of Lot 1 of August Lubs Subdivision, thence westerly to Ramona Street, thence northerly from the southeast prop- erty corner of Lot 1 of August Lubs Subdivision to Adeline Street, thence westerly to Lot 1-Lot 13 of Walters Addition, thence north- erly through Lots 1-13, 2.13, 1.15, i-16 of M. Walters Addition, and Lots 1-1.1, 2.1-1, South 45' -2.1, and 1.2 of Thomas Hickey Place, thence westerly through Lot 1.15 of M. Walters Addition to Ramona Street, thence northerly to Ramona Street to the East 50' of Lot 18 of Columbia Addition has been completed and the City Engineer has submitted his final estimate showing the post thereof includ- ing the cost of estimates, notices, inspection, and preparing the as- sessment 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 $19,832,91. That $19,832.91 of the cost there- of shall be assessable upon private property. Passed, adopted and approved this 9th day of December, 1957. CLARENCE P WELU Presiding Officer Pra Tern LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F. FROMiV1E1~'C City Clerk Councilman Schueller moved the adoption of the resolution, Sec- onded by Presiding officer pro tem Welu. Carried by the following vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays--None, Absent -- Mayor Dove, Council- man Kolb. (A resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY 01° DUBUQUE, IOWA RE50LUTION N0. 250.51 WHEREAS, the contract for the construction of an eight (8) inch Sanitary Sewer beginning at the existing sanitary sewer in Lot 7 of Rose Hill Addition, thence northerly to the intersection of Robin Street and the first alley west of English Lane, thence northerly to the southeast prop- erty line of Lot 1 of August Lubs Subdivision, thence westerly to Ramona Street, thence northerly from the southeast property corner of Lot 1 of August Lubs Subdivi- sion to Adeline Street, thence west- erly to Lot 1-Lot 13 of M. Walters Addition, thence northerly through Lots 1.13, 2.13, 1-15, 1.10 of M. 1Valters Addition and Lots 1-1.1, 2.1-i, South 45' -2.1, and 1.2 of Thomas Hickey Place, thence westerly through Lot 1.15 of RI. Walters Addition to P~amonh Street, thence northerly on Ra- mono Street to the East 50' of Lot 18 of Columbia Addition 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; plans and specifications and rec- ommends 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 it hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and sched- ule 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 subject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's inten- tion 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 Adjourned Regular Session, Decomber 9, 1957 477 bonds Issued upon the above de• scribed improvement in amount equal to the amount of his contract, less any retained percentage pro• vided for herein. Passed, adopted and approved this 9th day of December, 1957. Approved; CLARENCE P, WELU ,Presiding Officer Pro Tem LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerk Presiding Officer Pro Tem Welu moved the adoption of the resolution. Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None. Absent -Mayor Dave, Council• man Kolb, RESOLUTION N0. 251.51 BE IT RESOLVED by the City Cottnci~l of the City of Dubuque that the fallowing, 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 cig- arette papers within said City. Peter Schwartz, 574 East 16th Street, Marcus J. Meyer (Effective 1-1.58), 2700 Jackson Street. Mrs. Beatrice C. Winkler, 1400 Central Avenue. (Transfer of ad- dress from 998 Sentral Ave.). BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved, Passed, adopted and approved this 9th day of December, 1957. CLARENCE P, WELU Presiding Officer Pro Tent LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F, Frommelt City Clerk Councilman Schueller moved the adoption of the resolution, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None, Absent -Mayor Dove, Council- man Kolb. RESOLUTION N0.252.57 ~'VHEREAS, applications for Beer Permits .have been submitted to this Council for aproval 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 ga~anted and licenses be issued up• on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Norbert H, Sauser, 2774.2776 Jackson Street. Joseph J, Schulte, 450 West Lo- cust Street, Peter Schwartz, 574 East 16th Street. CLASS "C" PERMIT Marcus J. Meyer, 2700 Jackson Street. Cruso A. Alba, 2601 Jackson Street, Passed, adopted and aproved this 9th day of December, 1957. CLARENCE P. WELU Presiding Officer Pro Tem LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption o£ the resolution. Sec- onded by Councilman Schueller. Carried by the following vote, Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzingor, Schueller. Nays-None, Absent-Mayor Dove, Council- man Kolb. RESOLUTION N0.2S3.57 WHEREAS, heretofore. applica- tions far Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WIIEREAS, 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, ~~~ Adjourned Regular Session, December 9, 1cJ5~ BE IT RESOLVED by the City RESOLUTION NO, 254.57 Council of the City of Dubuque BE IT RESOLVED BY THE CITY that the Manager be and he is COUNCIL OF THE CITY OF DU- directed to issue to the following BUQiJE, IOWA: named applicants a Beer Permit. Section 1, That the attached sheets are hereby determined to CLASS "B" PERMIT be the schedule and the valuation Name Address set out there are hereby approved Norbert H. Sauser, 2774.2776 and determined to be the schedule Jackson Street. of the proposed assessment for the Joseph J, Schulte, 450 West Lo- construction of Boulevard street oust Street, lights and appurtenances on Princo- 574 East 16th Peter Schwartz ton Place, Devon Drive and Cam- , Street bridge Court on Bloclts 2, 3, 4, 5, . 6, 7, 8, 9, 10 and 11 Steger Heights CLASS "C" PERMIT ;Subdivision, City of Dubuque, Iowa. Marcus J, Meyer, 2700 Jackson Approved this 9th day of Street, December, 1957, Cruse A. Alba, 2601 Jackson CLARENCE P, WELU Street, I Presiding Officer Pro Tem BE IT FURTHER RESOLVED II LEO N. SCHUELLER KINTZINGER CHARLES A that the bonds filed by such appli- , I Councilmen cants be and the same are hereby ~, approved, Attest: LEO F, FROMMELT I Passed, adopted and aproved this I City Clerk 9th day of December, 1957. Presiding Officer Pco Tem Welu l CLARENCE P, WELD i moved the adoption of the resolu- Presiding Officer Pro Tem lion, Seconded by Councilman LEO AT. SCHUELLER ~ Kintzinger. Carded by the follow CHARLES A. KINTZINGER ' ing vote; Councilmen i Yeas-Presiding Officer Pro Tem Attest: LEO F. FROMMELT W e 1 u, Councilmen Kintzinger, City Clerk ;Schueller. Councilman Kintzinger moved Nays-None. the adoption of the resolution. Absent-Mayor Dove, Council- Seconded by Presiding officer Pro man Kolb. Tem Welu. Carried by the follow- ing vote; Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller. Nays-None, Absent-Mayor Dove, Council- man Kolb, December 9, 1957 To the Honorable Mayor and City Council Dubuque, Iowa, Gentlemen: I herewith submit the attached sheets showing a schedule of the proposed valuations and proposed assossmonts for Boulevard Street lights and appurtenances on Prince- ton Place, Devon Drive and Cam- bridge Court on BloclCS 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 Steger Heights Sl~bdivisipn, City of Dubuque, Iowa. Submitted Dec, 9, 1957. KENNETH J. CULLEN City Engineer, RESOLUTION NO, 255.57 Preliminary aproval pf plans, specifications, form of contract, plat and schedule and all other documents for the construction of Boulevard Street Lights and appur- tenances on Princeton Place, Devon Drive and Cambridge Court on Blocks 2, 3, 4, 5, 6, 7, 8, 9, i0 and 11 Steger Heights Subdivision, City of Dubuque, Iowa, at an estimated cost of $4,317,79, presented and road. Councilman Schueller moved the adoption of the resolution, Sec• ended by Councilman Kintzinger. Carried by the following vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller, Nays-None, Absent -Mayor Dove, Council- man Kolb, Adjourned 1legular Session, December 9, 1957 479 (Necessity #ar Impr®vement) R€SOLUTION NO. 256.53 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following; 1, The boundries of the district, if any. 2, The stieets to be improved, 3. Boulevard Lights, 4, Each lot proposed to be assessed together with a valuation fixed by the councih 5, An estimate of the cost of the proposed improvement, stating the same far each different type o£ construction and kind of mater- ial to be used, 6, In each case the amount thereof which is estimated to be assessed against each lot, for the construction of Boulevard Street lights and appurtenances on Prince- ton Place, Devon Drive and Cam- bridge Court on Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 Steger Heights Subdivision, City of Dubuque, Iowa. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera- tion of this proposed resolution have on file with the City Clerk objections to the amount of the proposed assessments, they shall be deemed to have waived all ob- jections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there• faa• by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, That the cost and expesne of making said improve- ment will be assessed upon and against all privately awned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent, thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bands shall be issued and sold in anticipation of deferred payments of assessments when a contract has been perfotmed and accepted and tk:e proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall bo assessed to and paid by the railway company. The above resolution was intro• duced, approved and ordered placed on file with the City Clerk this 9th day of December, 1957, Approved and placed on file for final action. Approved; CLARENCE P. WELD Presiding Officer Pro Tem LEO N, SCHUELLER CHARLES A. KINTZINGER Councilmen Attest; LEO F. FROMMELT City Clerk Presiding Officer Pro Tem Welu moved the approval of the resolu- tion. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Presiding Officer Pro Tem W e 1 u, Councilmen Kintzinger, Schueller, Nays-None. Absent-Mayor Dove, Council- man I{olb, {Fixing data of hearing) RESOLUTION NO, 257.57 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No, 255.57 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construe lion of Boulevard Street lights and appurtenances on Princeton Place, Devon Drive and Cambridge Court an Blocks 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, Steger Heights Subdivision, City of Dubuque, Iowa and, Whereas, the proposed Resolu• lion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 6th day of January, 1958, a public hearing will be held at 7:34 ~' T 4$0 Adjourned Regular Session, December 9, 1957 o'clock P.M. in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro• posed plans and specifications and proposed form of contract and at the same time to the boundaries o£ the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any ]ot and to the passage o£ the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear ing to be published in some news- paper published in the City of Du- buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and un- less property owners at the time of final consideration of said resolu- tion have on file with the Clerk ob- jections to the amount of the pro- posed assessment, they shall have been deemed to have waived all objections thereto, at which hear- ing the Council will hear such ob- jections and enter on record its final decision thereon, Passed, adopted and approved. this 9th day of December, 1957, CLARENCE P. WELU Presiding Officer Pro Tem LEO N. SCHUELLER CHARLES A. KINTZIlVGER Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yoas-®Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council• man Kolb. Councilman Schueller moved that the rules be suspended in or- der to let anyone present address the Council if they so desire. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas -Presiding Officer Pro Tem Welu, Councilmen Iintzinger, Schueller. Nays-None, Absent-Mayor Dove, Councilman Kolb. Mr, Leo Adams and Mr. Jerome Burroughs both addressed the Council inquiring as to what action had been taken on the petition they presented some time ago rela- tive to the opening and grading of an alley off Robin Street, They were informed that the Council had not yet been able to view the grounds but would do so shortly, There being no further business Councilman Kintzinger moved to adjourn. Seconded by Councilman Scl-dueller. Carried by the follow- ing vote: Yeas ®Presiding Officer Pro Tem Welu, Councilmen Kintzinger, Schueller. Nays-None. Absent-Mayor Dove, Council- man Kalb. LEO F, FROMMELT City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958. Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1958. Councilmen ....................................:. Attest :.......................... .................. City L'lerk Special Session, December 20, 1J57 481 ~+1~~ ~~~ ~ TI ~1L `~ ~ L~`. J 9 (OFFICIAL) Special Session, December 20, 1957. Council met at 7;30 P.M, Present-Mayor Dove, Council- men Kintzinger, Schueller, Welu. City Manager Schiltz. Absent-Councilman Kolb. Mayor Dave read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of conducting a public hearing on resolution of necessity for the con- struction of the Cedar, Maple and Sycamore streets Sanitary Sewer, Lift Station and Force Main im- provement and acting on any oth- er business as may properly come before a regular meeting of the City Council. December 11, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; I have been inves- tigating for quite some time the practibility of the City carrying blanket bond coverage for all city employees and officials. At the present time there are twenty-four employees and in ad- dition, members of some boards and commissions required to furn- ish bonds. Bonds of commission members, the City Treasurer and Parking Meter Collectors are paid for by the City and all others are furnished bonds at their own ex- pense, Cost of bonds to the City amount to $155.OD per year excluding the Treasurer's bond which is $100,00. The cost to individuals for bonds amounts to $100.00. For these pre- miums of $255,00, the City is pro- tected by bonds of $1,000,00 for 24 employees plus the Park, Air- port,Dock and Library Board mem- bers. I have found that for a premium of $247.65 per year, the City can be furnished with a blanket hon• esty bond covering all employees and officors in the amount of $5,- 000.00 except for the City Man• ages and City Treasurer who re- quire separate bands by state law. The City Manager's bond of $5,000.00 will be furnished by the manager. The City Treasurer's bond is paid for by the City and is $10,000.00. I recommend that the City pur- chase aPublic Employees Honesty Blanket Position .Bond in the amount of $5,000.00 and that the limits of the bond of the City Treasurer be raised to $50,000.00 instead of $10,000,00. Respectfully submitted, L, J. SCHILTZ City Manager. Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman I{intzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 17,1957 To the Honorable Mayor and City Council, Dubuquo, Iowa Gentlemen: The request of the Medical Associates, 1200 Main St, for permission to erect and main- tain a canopy on the Twelfth Street side of a proposed new build- ing to be erected behind the pres• enC building has been investigated. This canopy will not extend into the public area more than four feet, be at least nine foot above the wail, be equipped with a prop- er drainage system and proper in- surance coverage will be provided. Therefore I recommend that this request be granted and proper proceedings be prepared, 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 Sehuel• ler. Carried by the following vote: Yeas-Mayor Aove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Cauncilrnan Kolb. December 16, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Because of the fre- quency of accidents at the inter- section of Jones Street and Shields Street, the Police Department has investigated the conditions to de- termine what was the cause of these accidents. >! 4~&2 Special Session, December 2Q 1957 Most of the accidents at this in- tersection were caused by vehicles proceeding into the intersection without slowing or stopping to make sure that they could pro- ceed in a safe manner. A building on the northwest corner complete- ly blocks the view to the west for any vehicles proceeding south on Shields Street. In view of the fact that all of the accidents occuring at this in- tersection involve vehicles travel- ing north on Shields Street, it is recommended that a stop sign be placed at the northwest corner stopping traffic proceeding south on Shields SCreet before entering Jones Street. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kintzinger moved that the recommendation of the City Manager be. approved and that proper proceedings be prepared. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. December 16, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; A request has re- cently been made for us to study the parking conditions between 14th and 15th Street on Sycamore Street, This action was requested because of the amount of parking on this street and blocking of ac- cess to private parking lots. Sycamore Street from 14th to 16th Street is also used by trucks hauling to the Dubuque Packing Company. At the present time, parking is prohibited between 15th and 16th Street, It is recommended that parking be prohibited along the west side of Sycamore Street from 14th Street to 16th Street. Respectfully submitted, L, J. SCHII.TZ, City Manager, Councilman Welu moved that the recommendation of the City Manager be approved and that proper proceedings be prepared. Seconded by Councilman Kintz- finger. Carried by the following vote: Yeas-Mayor Dovo, Councilmen Iintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. December 16, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Le• land Stocker requesting beautifi- cation of a triangular plot of ground at the junction of Meadow Lane and Dodge Street was re- ferred to the City Council to view the grounds. This petition was al- so referred to the Park Board. The Park Board has indicated that they do not feel that this type of property should be placed under their jurisdiction and they do not. have the necessary funds to beautify all parcels of property that are owned in the City of Du- buque of such a small size, The opinion of the Council af- ter viewing the grounds was that this triangular parcel of property could be maintained by the per• son who owned the corner proper- ty and that it should be kept in a presentable condition, If the per- son who owns the property on the corner doss not desire to main- tain the triangular plot, the City will maintain it along with the rest of the right•of-way along the highway. I recommend that the decision of the council be confirmed. Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of the City Manager be approved, Seconded by Councilman Welu. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kalb. December 16, 1957 To the Honorablo Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Merlin Jungers and others request- ing the opening and grading of a twenty foot alley from Robin Street north and south to the end of the alley was referred to the City Council to view the grounds. Upml viewing the grounds the Special Session, December 20,.1957 483 City Engineer, it was determined that the cast of determing the property lines outlining this alley would be in the neighborhood of $2500.-It was felt that the opening of this. alley would. not benefit anyone particularly and that it should not be opened until the area to the west was developed for building purposes, It is recommended that the de- cision of the Council to deny this petftfon be confirmed. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove,. Councilmen Kintzinger, Schueller, Welu, Nays-None, Alisent-Councilman Kolb.. December 16, 1957 To the Honorable Mayor and City Council, Dubuque; Iowa Gentlemen: The communication of Ellen E, Murphy offering the sttm of $200',00 for lots 1 and 2 of Mineral Lot 37 except the north• erly 60 feet was referred to the Council to view the grounds. Upon viewing the grounds, it was the decision of the Council that this property is not needed for the. use of the public and that the portion of IAt 1 and Lot 2 of Mineral Lot 37 except the north- erly 60 feet, which is north of the present. highway right-ofway, could be disposed of, I recommend that the decision of the Council be confirmed and that the petitioner have a plat made of this parcel of property and that proceedings be prepared. Respectfully submitted, L: J, SCH,TZ, City Manager, Councilman Welu moved. that the recommendation of the City 112anager be approved and proper proceedings be prepared. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 17, 1957 To the Honorable Mayor and City Council, Dubuque,: Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Depart- ment and City Water Department for the month of November as well as list of claims and list of payrolls for which warrants: were issued. far the month. of November, 1957. Respectfully submitted,. L. J. SCIiIhTZ, City Manager. Councilman Welu moved that the reports be received and filed. Seconded by Councilman Kintz- inger, Carried by the following vote; Yeas-Mayor Dove, Comtcilmen Kintzinger,. Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 20, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen, The petition of the Continental Baking Company ask- ing for removel of parking. meters or a restriction on parking to ten minutes was referred to the City Manager to investigate and' re- port. Upon investigation I can find no justification for this request. We have no ten minute parking areas fn the City and placing twelve minute meters at this 1o- cation would be for the benefit of an individual business. They have never been placed in any loca- tion for that purpose before, I recommend that the petition be denied. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None, Absent-Councilman Kolb, December 20, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: This last year has been one where many capital im- provements-have been undertaken, 484 Special Session, December 20, 1957 which will make the City of Du- buque abetter place to live and one where industry will establish new plants, All of these improvements could not have been undertaken except through the public acceptance of your decisions and the fine spirit of cooperation within the Council, It has been a pleasure to work as City Manager during 1957, and I wish to express my appreciation to the City Council on behalf of myself and all city employees for your understanding and coopera• tion. Respectfully submitted, L. J. SCHH,TZ, City Manager, Councilman Kintzinger m o v e d that the communication be made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger Schueller, Welu. Nays-None. Absent-Councilman Kolb. December 20, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Since the opening of Kerrigan Road, stop signs have been placed on the various ramps to and from Grandview Avenue, also, three of the ramps are one- way. In order that the signs conform to the city ordinance for stop signs, I recommend that stop signs be placed as follows: 1. Grandview Avenue on Rock- dale Road. 2, Grandview Avenue on East ramp from Kerrigan Road. 3. Grandview Avenue on West ramp from Kerrigan Road, 4. East ramp to Kerrigan Road from Grandview Avenue. 5. Ramp for west bound traffic and Kerrigan Road. 6. Rockdale Road at intersection of west bound ramp, 7, One-way traffic on both ramps north of Grandview and on the east ramp south of Grand- view Avenue. Respectfully submitted, L. J. SCHILTZ, City Manager, Councilman Kintzinger moved .that the recommendation of the City Manager be approved and . Special Session, December 20, 1957 485 Councilman Schueller moved that the recommendation of the City Manager be approved. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. December 20, 1957 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; The Dock Board has reviewed the letter of November 1st, 1957 addressed to your body, in which Dubuque Container Com• pony Division of the St, Regis Pa- per Company of New York offered to purchase a 14 acre tract im Du- buque Industrial Park under cer- tain terms and conditions set forth in the letter and, having consid- ered the same, the Dock Board makes the following recommenda- tions: (1) The tract immediately south of Block 5 in "River Front Subdivision No, 3" in the City of Dubuque, Iowa, now con- tracted to the Harnischfeger Company is not available for sale to St. Regis Paper Com- pany, but we recommend the offer of St, Regis Paper Com- pany to purchase the 14 acres to be known as Black 7 in said "River Front Subdivision No. 3" for a purchase price of $2,000 per acre be accepted. (2) We have been advised that the St. Regis Paper Company is familiar with the elevation of this land as it presently ex- ists and that it is satisfactory to" them, and therefore rec- ommend that the condition re- garding the elevation of the land be deleted, (3) The requirement that we pro- vide public land for railway access to the premises can be met but plans are not definite at this time as to tivhich of several alternative means of access w i 11 be selected and we assume that the right is reserved in the city to provide the access most suitable to its plans, (4) The other terms and condi- tionsset forth in the letter ap• pear satisfactory, (5) The Dock Board Engineer bas prepared a plat subdividing an additional portion of the Industrial Park a copy of which is herewith submitted. When the same has been approved by the. Planning.. & Zoning Commission it will be submit- ted to your body for approval and filing,. Respectfully submitted, - Board of Dock Commissioners City of Dubuque, Iowa By A. Y, McDonald,-? President.. Councilman Welu moved that ac- tion on the communication be de• ferred until the final plat is sub- mitted and filed. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Dave,. Councilmen Kintzinger, Schueller, Welu, Nays-None, Absent.-Councilman Kolb: Proof of publication,.. certified to by the Publisher, of statement. of receipts and a list. of claims for which warrants were... drawn dur- ing the month of November, 1957, presented and read.. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Kintz- inger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 12, 1957 Honorable Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: Please be advised than on December 5, 1957 an in- voice was submitted to the Du- buque Junior :Chamber of Com- merce covering the cost of news- paper publications and job print- ing, in the amount of $128,65 un the public measure submitted to the voters of the City on the mat- ter of Daylight Saving Time, at the General election on November 5, 1957. This notification to the Council is submitted to comply with the instructions to the City Clerk.. in Section 5 of Resolution No: 195.57, adopted September 16, 1957. that proper proceedings be pre- pared. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. December 20, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I am a t t a c h i n g herewith a memorandum submitted by the Interstate Power Company regarding the basis on which their annual report is submitted to the City. Since 1938, the basis of figuring rate of return was based on the Dubuque Generating Plant and the Distribution System, Dwing the last few years power companies have integrated their systems so that if one generating plant is out of service, power can be taken from other plants. By using this meth- od, it is not necessary to have the reserve capacity at each plant to serve customers in a given loca- tion which would increase the cost of electrical energy. The method proposed to be used in reporting has been reviewed and in my opinion is a fair basis to use. Respectfully submitted, L. J. 5CHILTZ, City Manager. Councilman Welu moved that the memorandum be referred to the Council for further study. Sec- onded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 20, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The former Protes• taut Chaplain for the Police and Fire Department has left the City and it is requested that another be named to his place. I recommend that Reverend John Walker be appointed Chap- lain and that each year the ap- pointment be concurrent with that of the President of the Min- isterial Association, Respectfully, submitted, L. J. SCHILTZ, City Manager, :. 486 Special Session, ) A copy of the invoice as submit- ted to the Junior Chamber of Com- merce is hereby attached. Respectfully submitted, LEO F. FROMMELT, City Clerk. Councilman Kintzinger moved that the communication be receive ed and filed, Seconded by Council- man Schueller. Carried by the fol• ]owing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None, Absent-Councilman Kolb. December 13, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen; Considering the at- tached petition of Geo and Addle Jeeklin requesting rezoning of their approximately 21 acres between Highway No. 20 and Coates St, just westerly of Cherokee Drive Subdivision the Dubuque Planning and Zoning Commission recom- mends to Your Honorable Bady denial of said petition, Since the establishment of zoning in Du- buque, this area has been classi• Pied as Single Family; fine resi• dential subdivisions have developed on the three sides in contact with the City; the beautiful 30 lot Southgate Subdivision at the south- erly side of Coates at present City Limits has just finished curbs and guttering, The placing of a heavy traffic generating activity such as a shop- ping center along this portion of Dodge Street will aggravate the traffic problems already existing, The Planning and Zoning Com- mission Feels that the best interests of the City of Dubuque will not be served by granting the peti- iecember 20,1857 Councilman Welu moved that the rules be suspended to allow anyone present address the Coun- cil if they so desire. Seconded by Councilman Kintzinger. Carried by the following -vote; Yeas-Mayor, Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Attorney Dorothy Sauer address- ed the Council requesting for a postponement of motion on rezon- ing of the Jeeklin property sa that all interested parties may be heard at a later meeting. Peter J, Seippel addressed the Council stating several reasons why in his opinion the area should re- main residential as originally zoned, Mr, Everett Hauber addressed the Council stating that those citi• zens that :are opposed to a pro- posed center in the .area, on the Jeeklin farm property, are far re- moved from the area in question, and furthermore the bulk of the ground is in the County. Councilman Welu moved that a public hearing be set for the meet- ing of January 6, 1958 and that the members of the Planning and Zoning Commission be invited to attend .and Ghat the recommenda- tion of the Planning and Zoning Commission be referred to that date. Seconded by Councilman Kintz• finger, Carried by the following vote: Councilmen Kintzinger, Schuel- ler, Welu, Nays-None, Mayor Dove not voting. Absent-Councilman Kalb. ton, Respuctfully submitted, Dubuque Planning & Zoning Commission By RICHARD V, McKAY, Secretary Communication of Dorothy C. Sauer, stating that in the event the property of George and Addle Jeeklin being Lot 1 of Addles Place is rezoned from single family dis- trict to Local Business District A, being aware of the fact that no- tice mast be publkshed and Ghat the option of Mr. Hauber is run- ning out, that the CouncIl expe- dite the matter as soon as possible, presented and read, December 13., 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The petition of Leonard Healy requesting rezon- ing of Lots 306 and 306 Davis Farm Addition located at 30th and Central from Multiple Family Res- idence District to Local Business A District has been carefully con- sidered by this Commission. Two meetings were held and at these meetings many interested :citizens appeat~ed and stated their views. Among the various factors con- sidered besides the petition was the fact that Central Avenue is Special Session, December 20,1957 4$7 now Business District to 26th Street. There is a local Business area at 28th Street, 30th Street is local Business B on one corner, Local Business B then starts again at 32nd Street to the City Limits. These areas are not completely de- veloped as business, many resi- dences are in these zones, The area in question is predominately residential with spotted non con- forming uses. The opinions of the Commission members were divided but a ma- jority opposed rezoning the area under consideration at this time and by a 4 to 3 vote voted to rec- ommend denial of the petition, Respectfully submitted, Dubuque Planning & Zoning Commission By RICHARD V, McKAY, Secretary Mr. Hal Reynolds, attorney rep• resenting the Healy interests, ad- dressed the Council requesting that the Council do not pass on the recommendation of the Plan- ning and Zoning Commission at this time and that the matter be set down for a public hearing, He further requested rezoning of the property for the good of the City, Mr, Matt Cziezk attorney address- ed the Council by stating that he has no recollection of the Planning and Zoning Commission being ov- erruled by the City Council. Homes have a more important position than business. He further stated that the Church in the area is not a party in this thing and due to the fact that the matter has been threshed out solidly the Council should act tonight, It is not a question of only two lots being in- volved but a large area which ef- fects residential property entirely. John Matous of 885 Kane St. addressed the Council stating that it is not the duty of the Council to help anyone dispose of their property and that Mr. Healy could have sold his property but he is asking too much for it. Councilman Welu moved that the Council ga into executive session, Seconded by Councilman Kintzing- er, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolh, The Council loft the Chamber at 8:35 p.m, and reconvened at 8:45 p,m. Councilman Welu moved that a public hearing be set for January® 6, 1958 and members of the Plan• ning & Zoning Commission be n- vited to attend and the recommen- dation of the Planning & Zoning Commission be referred to that date, :Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Councilmen Kintzinger, Schuel- ler, Welu. Nays-None, Mayor Dove not voting. Absent-Councilman Kolb. Notice of claim of Avery Satter lee of 1915 Asbury Street, in the amount of $10A0, for car damage as the result of striking a no park- ing sign which was too close to the curb on the north side of 9th street on December 17, 1957, pre- sentedand read, Councilman Kintz- inger moved that the claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, M~elu, Nays-None, Absent--Councilman Kolb. Notice of claim of Ray H. Reck- er of 2210 Frauds Street, in an unnamed amount, for personal in- juries received as the result of a fall in the alley crosswalk in the rear of Hartig's Drug Store on December 7, 1957, presented and read, Councilman Kintzinger moved that the claim be referred to the City Solicitor for investigation .and report, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb, December 18, 1957 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted fbr you r consideration is a new subdivision ordinance. This would replace en- tirely the present Ordinance which was adopted in 1945. The now 488 Special Session, December 2Q 1957 proposed Ordinance has been un- der study for two years, has been examined and correllated by the City Manager, City Planner, City Attorney, City Engineer and Build- ing Commissioner in cooperation with this Commission. Many clarifications have been made, it is up to date and we be- lieve amore simple document to understand and comply with. The Planning & Zoning Com- mission recommends to Your Hon- orable Body that this Subdivision Ordinance be adopted, Respectfully submitted, Dubuque Planning & Zoning Commission By Richard V. McKay Secretary Councilman Welu moved that the recommendation of the Planning & Zoning Commission be approved. Seconded by Councilman Kintzing- er• Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. ORD1h1AfdCE N®. 65.37 An Ordinance fixing require- ments for the subdivision of land into lots in the City of Dubuque and within one mile of the limits of the City of Dubuque; relating to streets, alleys, blocks, lots, parks, playgrounds, and school sites within such subdivision; re- lating to rules and regulations gov- erning plats, filing, and approval thereof; and designating t h i s Ordinance as "THE SUBDIVISION REGULATIONS OF THE CITY OF DUBUQUE." Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent CouncIlman Kolb• Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on t h r e e separate days. Seconded by Coun- cilman Schueller• Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Ordinanoe No. 55.57 Att Urdinance fixing requirements for the subdivision of land into lots in the City of Dubuque and within cue mile of the ]invite of the Clty of Dubuque; relating to streets, alleys, blocks, lots, parks, playgrounds, and. school sites within such subdivision; relating to rules and regulations gov- erning plats, filing, and approval thereof; and designating this Ordi- nance as "The Subdivision Regula bons of the City of Dubuque" NOW THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: ARTICLE I Definitions The following words and phrases, when used herein, are defined, for the purpose of this Ordinance, as fol- lows: (a) Alley. A platted, dedicated, and recorded passageway not over thirty (g0) feat in width, between rear or side lines of lots. (b) Block. An area of land ordi- narily bounded by streets forming the circulation system oP a community, neighborhood, or subdivision and con- taining one or more lots. (c) Commission. The Planning and Zoning Commission of the City of Du- buque. (d) Council, City. The City Coun- cil of the City oP Dubuque. (e) Easement. Easement shall mean a portion of a lot or block in which toe City and al] public utilities en- franchised by the City, have a right of passage and to install and main: ,,,in pipes, wires, poles, conduits and ,Chit egcupment necessary to carry nut public services, (f) Lot. A lot is a distinct parcel of land, the location dimensions and bemtdaries of which are determined by ^te latest official record or sur- vey. (g') Owner. The person or persons having title to the land subdivided, both legal and equitable. (h) Person, This term includes an individual, two or more individuals, a group or association of persons hav- ing~ common or individual interest in a tract, a Partnerslilp, and acorpora- tion. (i) Street, Public. A public street 's a dedicated, platted, and recorded possag~etvay forty (4D) feat or over in width commonly used far public trav- el. (j) - Cul-de-sac. A short minor street kerminating in a turn-around and having only one outlet, (k) -, Main traffic thoroughfare. A street of considerable continuity which is Primarily a traffic artery fer intercommunication between and among large areas. (I) -Secondary traffic thorough- fare, A street supplementary Lo a nta,7or street system and primarily a means of intercommunication between the system and smaller areas, or amung~ smaller areas. pn)-. Minor. A street primarily for access to shutting properties. (n) Subdivider, A person undertak- hig the subdivision of land. (o) Subdivision. A subdivision is a division of a lot, block, tract, or par- cel of land into two (2) or more lots ~»• other divisions for the purpose, whether immediate or Future, oP the transfer of ownership or building de- velopment, including all changes in street lines or lot lines. ARTICLE II Regulations for the Subdivision of Land Section 1-General (a) Purpose. The Purpose of these reg~u]ations is to aid and to control Special Session, December 20, 1957 4B9 the subdivision of land in the inter- est of com•dinated development of the City of llubuque; to establish a con- sistent policy upon plats submitted to the Commission and the City Council; and to enable them to ascertain whe- ther the same conforms to the ap- plicable statutes and ordinances. These regulations are established as the minimum requirements to effect the purpose. (b) Applicability, These regulations shall apply to all land to be subdivid- ed within the City of Dubuque, and within one mile of the Limits of the City of Dubuque, except to land di- vided into two (2) parcels and no part of which is dedicated to public use, (c) Conformance to City Plan. All lands proposed for subdivision shall conform in development to the intent and spirit of the City Plan, in so Par as practical, in the location of streets, alleys, boulevards, parks, and other public places and facilities; and shall not conflict or interfere with the rights oP way or extensions of streets shown thereon or already establish- ed. (d) Recording of Subdivision Plats. Whenever any person, as defined herein, shall subdivide any tract of land within the Limits oP the City of Dubuque, or within one mile of the Limits of the City of Dubuque, into three (d) or more parcels, he shall record a plat thereof in the Office of the County Recorder of D u b u q u e County, Iowa, which plat shall first have been prepared and approved in conformity with the provisions of this Ordinance. Section 2-Streets, Alleys, and Ease- ments. (a) Street widths. The minimum width of right of way far a main traf- fic thoroughfare in a residence sub- Iivieion shall be sixty-four (64) feet; '.or a secondary traffic thoroughfare 'ixty (60) feet; and fora minor street fifty ({~0) feet; The minimum width of right of way far a col-de-sac shall be fifty (50) Peot, except that upon writton per- mission of the Commission the width may be reduced to a specified width not less than forty (40) Peet. (b) Street Intersections Intersect- ing streets shall meet at right angles (50) degrees) whenever possible, (c) Street alignment. Thorough- fares shall be continued in as direct alignment as topography and other conditions permit. -Iinor streets shall conform to the prevailing topography of the subdi- vision, (d) Street Grades The minimum gradient for all streets shall be one- half (~) per cent. The maximum gra- dient for Major Traffic Thoroughfares shall be eight (8) per cent; for Sec- ondary Traffic Thoroughfares ten (10) per cent; and for Minor Streets fifteen (15) per cent, A variation from this re- quirement may be made to meet the existing conditions of topography by the Commission on approval of the City Manager. (s) Cul-de-sac. The minimum radius to the street line of a tm•n-around at the terminus of the street shall be fifty (60) feet. (f) Alleys. Alleys shall not be per- mitted in a residential subdivision, except where special conditions re- quire. When permitted, alleys shall have a minimum width of twenty (20) feet. (g) Adjoining Street Systems, Rela- tion to. All proposed thoroughfares and streets shall be continuous and in alignment with existing thoroughfares and streets, and of the same or greater width. When conditions permit, Main Traffic Thoroughfares shall abut sub- divisions and not pass through them. (h) Natnes of Streets. Streets that are in alignment with existing or plat- ted streets, or essentially so, shall bear the names of the existing streets, Names for new streets shall not dupli- cate in spelling, or sound phonetically similar to existing street names in the City of Dubuque. Street names shall be approved by the Commission and City Council. (i) Easements. Easements shall be provided as the Commission shall de- termine necessary for public utilities requirements, including storm and san- itary sewers. Section d -Blocks. (a) Length. The maximum length of bloclca on a thoroughfare shall be fif- teen hundred (150D) feet. The maximum length of bloclca on a Minor street shall be seven hundred and fifty (750) feet. (b) Width. The minimum width of blocks shall be two hundred (200) feet, Ordinarily each block shall contain two tiers oP lots. (e) Numbering. All blocks shall be numbered for identification. Section 4 -Lots. (a) Area and Dimensions. The mini- mum area and dimensions for iota shall conform to the applicable re- quirements of the Area Regulations of the Zoning Ordinance, but the mini- mum lot frontage shall be sixty (60) feet for interior lets and sevently (70) feet for corner lots. All lots shall front on a public street. Lots with double frontage shall not be permitted. Triangular lots shall be avoided when- ever possible. (b) Lot Linea In all rectangular lots, and in so far as practical in all other-shaped lots, the side lot lines shall be geometrical normal to the street on which the lot fronts. (c) Nmnbering. An lots shall be numbered systematically for proper identification. (c) Remnant Lots. In oases where irregularity of ownership or street lines would produce remnant lots, the area of which would be less than the minimum area required by the Zoning Ordinance, such areas shall be added to adjoining iota. Section 5 -Parks, PlaygTOUnds, and Schools, (a) Dedication of Sites. In subdivid- ing property due consideration shall be given by the Subdivider to the dedication of suitable sites for parka, playgrounds, and schools, so as to con- form, as nearly as possible, to the recommendations of the City Plan and the needs of the City and the adja- cent area. Such provision shall be in- dicated on the preliminary plat in or- der that it may be determined when, whether, and in what manner such sites will be dedicated to the public. Section 6 -Exceptional Sized Lota. (a) When the tract is subdivided into larger parcels than the usual building lots, such tract shall be di- vided so as to allow Yor the opening of major streets and the ultimate ex- tension nP minor streets; and such parcels shall be multiples, in area, of units not less than the lot areas re- quired by the Zoning Ordinance. Section 7 -Modification of Require- ments. (a) Where special instances require, the City Council and the Commission may modify the requirements oY Sec- tions 9, 3, and 4 of this Article II, pro- 4gp Special Session, December 20,,1957 vided the modification carries out the intent and purposesrof this Ordinance, as stated in the Preamble. Section 8 -Installation of llnprove- ments. (a) Improvements shall be installed by the Subdivider in accordance with applicable standard specifications of the Cfty of Dubuque and the Iowa State Department of Health. Gb) Each egrner of each lot shall. be marked by the Subdivider with a suit- able iron stake or pipe. ARTICLE III Preliminary Plats Section 1 -General. (a) Purpose. The preliminary plat shall' infm•m the Commission of the In- tentions of the Subdivider in the lay- out of the subdivision and of the spe- cific. problems connected therewith, and to provide the basis of an exami- nation of the design of the subdivision and of the conformance of the plat to the City Plan and the requirements oP the Zoning Ordinance. (b) Submission of Preliminary Plat to- Commrssion. Where the Subdivider proposes: to dedicate streets, roads, alleys, or other ]ands for pultlic use, he shall submit six (6) copies of the Preliminary Plat to the Commtssion for tentative approval prior to the completion of final surveys of streets and lots and•, before starting any grad- ing or construction worlt upon. pro- posed streets, and before any Final Plat of the subdivision is made. (c) Power of the Commission. The Commission shall have the power to approve, approve tentatively, or to disapprove any Preliminary Plat and shall transmit its findings, in writing, to the Subdivider. (d) Duration of an Approval of Pre- liminary Plat. The approval of the Preliminary Plat by the Commission does not constitute an acceptance of the subdivision but only approval of the basis design of the subdivision and its. conformity to the City P,Ian and the Zoning Ordinance. The Pre- liminary Plat shall be valid for a period of one hundred and twenty (120) days. (e) Exemption from filing a Pre- liminary Plat, Where the. Subdivider does not Propose to dedicate land for streets,. alleys, or other public uses (except easements for public utilities requirements, including storm and sanitary sewers) a Preliminary Flat is nut required, Section 2 -Drafting. Preliminary plats shall be drawn:. (a) On sheets 8t/zx13~,r inches in size, or fn multiples thereof. (b) A standard engineering scales.. (c) Showing teue north point, scales used, and date of completion pf the Preliminary Plat, (d) With a Title accurately and clearly indtcating the Name of the Subdivisionf the Names of the Owners, and Subdfvrder; and. thee. Names of the Civil Engineer, or Land Surveyor plat- ting the tract, Section 3-Information to be Shown. Preliminary Plats shall show: (a) The true boundary lines of land being subdivided. (b) Intersecting boundary lines of adjacent property and names of Own- ers. (c) Municipal, County and Section Lines when intersecting the property. od) T'npography ofl the tract being subdivided, with contours oP two (2) foot intervals, based on City datum. (ep Location, width, and names. of adP existing or platted streets, other pnbUc ways, and- platted or recorded easements within. or adjacent throe hundred feet (300') to the tract, and existing permanent buildings, public property, railroad rights of way, and any other important features. (P)Location of existing water mains, sewers, drains, g'as lines, and any other underground facilities with their sizes and looation of electric lines,, culverts, and bridges within the prop- eay and adjacent one hundred feet 1700'} to the tram. lg) The proposed layout,. location, and dtmensione of streets, alleys, blocks, lots, easements, and areas to be dedicated for parks,. playgrounds, and schools. (h) Preliminary plan and profiles of each proposed street on the center line of the roadway, with. proposed grades.. (i) Cross sections of the types of proposed streets showing width of right o4 way, and roadway, location and width of proposed sidewalks, and Che location and size of utility mains, (j) Preliminary location and tenta- tive profiles oY proposed sanitary and storm sewers, with gradients and pipe sizes, (Ic) Preliminary location of ~ pro- posed. water distrtbution system show- ;ng Pipe sizes, valves. and fire hyd- rants. (lJ The information required under suliseetions Qb)y (e), and (Y) of this Section,. relating to adjacent property may be shown on a separate drawing, entitled Vicinity Map, accompanying' the Preliminary Plat and properly certified. (m1- The information required uh- der sub-sections (d), (f), (h), (i), (j)~, and, (1t) of this Section shall be shown on separate drawings accompanying the Preliminary Plat and properly certified. (n) Items (a) to (f) shall be pre- Surveyor and I ems e(h)Et gi(k)arshall be prepared by a registered Engineer. The drawings prepared by an Engi- neer or Surveyor shall bear his offi- cial registration. scab ARTICLE IV Final Plats. Section 1-Genera] (a) Purpose The purpose of the Final Plat is to provide a permanent record plan of the subdivision as built, for filing with the County Recorder. (h) Submission of the Final Plat to the Commission. The Subdivider shall file the origin- al drawings and three (3) copies of the Final Plat with the Secretary of the Commission for approval and the Commission sha1T have forty-five. (4b) days to act aeon the same. (c) Examination of Final Plat by the Commission. All Pinal Plats shall be examined by the Commission to determine that the same conforms to the State stat- utes and the subdivision regulations relating to plats within the City and within one (d) mile of the Limits oY the City of Dubuque, and whethee streets, alleys, parks, playgrounds, and other public places conform to the city Plan, conduce. to an orderly development, do oat conflict. or inter- fere with rights of way or extensions of streets, roads, and alleys already established, or otherwise interfere with the carrying out of the Oity Plan or the Zoning Ordinance, (d) Power of the Commission. The Uommission shall have the power to approve, approve conditi~n- ally, or to disapprove any Fihal Plat. If the Commission approves the Find Plat it shall. endorse its ap- provai upon the original drawing and Special Session, December 20, 1957 491 shall submit the same to the City Counetl for approval. If the Commission approves a Final Plat with conditions, or disapproves a Final Plat, it shall transmit its t'indings to the Subdivider and the 'Subdivider shall not resubmit the Final Plat until all conditions or limi- tations shall have been corrected, Section 2 -Drafting. Final Plats and Profiles shall be drawn; (aj On sheets 81/zx13e/a inches in size, or in multiples thereof, (b) At standard engineering soalea- Horizontal scales, 1 inch equals 40, 5D, 60 or 100 feet, Verticle scales, 1 inch equals 4 or 8 feet, or 1 inch equals 10 feet. (c) Showing true north point, scales used, and date of completion of the final plat. (d) With a Title accurately and clearly indicating' the Name under which the Subdivision is to be record- ed; the Names of the Owners, and Subdivider; and the Names of the Civil Engineer, or Land Surveyor plat- ting the tract. Section 3 - Information to be ~"shown. Final Plats and Profiles shall show: (a) Boundaries of the subdivision with accurate dimensions and bear- ings, and the location and description of all monuments, (b) Municipal, County, and section lines when intersecting the property, (c) Location, width, and names of all existing m' platted streets, or other public ways, and easements within and adjacent forty (40) feet to the tract (d) Location, and accurate dimen- sions of all proposed streets, alleys, blocks, lot lines, easements and areas to be dedicated for parks, playgrounds, and schools. (e) Plans and profiles of each pre- posed and established street, road, or alley on the center line of the road- way. (f) Plaus and profiles of all proposed sanitary and storm sewers with grad- ients and pipe sizes. (g) Plan and profiles of proposed water distribution system, showing pipe sizes and the location of all valves and fire hydrants. (h) All radii, chords, points of curv- ature, points of tangency, bearings of tangents, central angles, and length and degree of curves. (i) Names of all streets. (j) Bloclc and lot numbers. (]t) Description of property subdi- vided showing location and extent. (1) The information repuand (h)dof sub-sections (e), (f), (g), this Section shall be shown on sepa- rate drawings accompanying the Ffna] Plat and properly certified. (m) Items (a) to (e) shall be pre- pared by a registered Surveyor and Items (f) to (k) shall be prepared by a registered Engineer. In bath in- stances the drawings shall bear the official registration seal of the Sur- veyor or Engineer. (n) GVhere the Subdivider does not propose to dedicate land for streets, alleys, or other public uses (except easements for utilities) the informa- tion required by sub-sections (d), (e), (f), (g), and (h) of this section shall not be required, Section 4 -Certificates to accom- pany Submission to City Council. (a) Dedication -Title - Incum- brance. When the approval of the Commission has been endorsed upon a Final Plat the Commission shall submit the Final Plat to the City Oouncil for approvah In addition to the information required by Sections 1, 2, and 3 of this Article and the ap- proval of the Commission endorsed thereon, the Final Plat when sub- mitted to the City Council shall; (1) Have attached thereto a dedica- tory certificate executed by the Own- ers. (Z) Have attached thereto the opin- ion of a qualified attorney at law dated as of the date of the submia- sion to the City Council, certifying that the title to the land platted is in the persons signing as owners, free and clear of all liens or incumbrances. Section 5 -- Installation of Improve- ments -Security for Installation and Maintenance. (a) Ae a condition to the approval of the Final Plat of property within City Limits the City Council may re- quire the Subdivider to bring any streets, roads, and alleys to a grade as shown by the profiles attached to the Final Plat and to install improve- ments shown on the Plat and sup- porting documents, together with such other improvements as the City Coun- cil determine necessary and author- ized by law, The City Council may further require the Subdivider to pro- vide security for the maintenance of such improvements or to provide se- curity, guaranteeing the installation of such improvements within a fixed time and maintenance thereafter and approve the Final Plat conditioned upon receipt of such security. ARTICLE V Permits Section 1 -Building or Repair Per- mits. (a) The Building Commissioner shall not issue building or repair permits for any structure on a lot in a sub- division, the plat oP which was re- corded after November 20, 19b6 in vio- lotion of this Ordinance. Section 2 -Permit for Installation of a Septic Tank. (a) The City Health Off[cer shall not issue a permit for the installation of a septic tank ugon any lot in a subdivision for which a plat has been recorded after November 20, 1956, in violation oP this Ordinance. ARTICLE VI Legality oP Ordinance or Parts Thereof The invalidity of any section or part hereof shall not be deemed to in- validate any other section or part hereof. ARTICLE VII Ordinance No. 23-45 of the City of Dubuque is hereby repealed. ARTICLE VTH This Ordinance shall be known as the "Subdivision Regulations of the City of Dubuquq Iowa". ARTICLE IX Effective Date This Ordinance shall be in force and of effect from and after its final pas- sage, adoption and approval of the City Council and publication as pro- vided by law. Introduced the 20th day ,of Decem- ber, 1967, Rule requiring reading on three sep- arate days suspended by unanimous vote the 20th day of December, 1957. Passed by recorded roll-call vote, adopted and approved this 20th day of December, ]967, Charles E. Dove, Mayor, Clarence P. Welu, Leo N. Schueller, Charles A. I{intzinger, Councilmen. Attest: Lea F. Frommelt, City Clerk. i 492 Special Session, December 20, 7957 Published officially in the Telegraph- Herald Newspaper this 30th day of December, 1907, Leo F, Frommelt, 1 t.-12/30 City Clerk. Councilman Welu moved t h e adoption of the Ordinance, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas--Mayor Dove, Councilmen I{intzinger, Schueller, Welu, Nays-None, Absent-Councilman Kolb, ORDINANCE N0, 66.51 An Ordinance Amending Ordi- nance No. 33.49, known as the Traf- fic Code by designating Asbury Street as a "through street" and authorizing Stop Signs at Chaney Road, Hillcrest Road, Valley View Road and Avalon Road, presented and read. Councilman Welu moved that the reading just had be con- sidered the first reading of the Ordinance, Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an Ordinance be read on three sep- arate days, Seconded by Council- man Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. ORDINANCE N0. 66.57 An Ordinance Amending Ordinance No. 33-49, known as The Traffic Code by designating Asbury Street as a "through street" and authoriz- ing Stop Signs at Chaney Road, Hill- crest Road, Valley View Road and Avalon Road. Be It Ordained By The City Council Of The City Of Dubuque, as follows; Section 1 That Schedule II of Ordinance No. 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by adding a new Section "Z" thereto as follows: "Z-Asbury Street from Universi- ty Avenue to the City Limits," Section 2, That Schedule III of Ordinance No 33-49, known as the Traffic Code of the City of Dubuque, be and the same is hereby amended by repealing Section B thereof and en- acting a substitute therefor as follows: "E-North-bound and south-bound ve- hicles must stop before entering the intersection of: Rosedale and Avoca Streets; East Twenty-first and Washington streets; East Twenty-first and Elm Streets; Lincoln and Stafford Avenues; East Twenty-ninth and White Streets; Cherry and Finley Streets; East Twenty-second and White Streets; East Twenty-fourth and White Streets; Lincoln Avenue and Knie@t Street;. Chaney Road and Hillcreat Road," Section 3, That Schedule III of Ordinance No, 33-49, known, as the Traffic Code of the City of Dubuque, be and the same ie hereby amended by repealing Schedule A thereof and enacting a substitute therefor as fol- low~: "A-East-bound and west-bound ve- hicles must atop before entering the intersection of: Washington Street and East Six- teenth Street; Washington Street and East Twen- ty-ninth Street; Elm Street and East Twenty-ninth Street; White Street and East Seventeenth Street ; Vaileyview and Avalon Roadsl' Section 4, This Ordinance shall be in full force and effect from and aft- er its final passage, adoption and pub- lication as by late provided. Introduced the 20th day of Decem- ber, 1967. Rule requiring reading on three sep- arate days suspended by unanimous vote the 20th day of December, 1957. Passed by recorded roll-call vote, adopted and approved this 20th day of December 1957. CHARLES E, DOYE, Mayor CLARENCE P, WELU LEO N.SCHUELLER CHARLES A. KINTZINGER, Councilmen Attest: Leo F. Frommelt, City Clerk. Published officially in The Tole- graph-Herald Newspaper this 27th day of December 1957. LEO F. FROMMELT, ' lt, 12/27 City Clerk, Councihnan Welu moved the adoption of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb, ORDINANCE N0. 67.67 An Ordinance Amending Ordi- nance No. 7.47 by Repealing Sec- tion 7.4.10 and Enacting a Substi- tute therefor, and by Enacting a new Section 7.3.18., presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Dave, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- Special Session, December 20, 1957 493 man Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. ORDINANCE No. 67-57 An Ordinance Amending Ordinance No. 7.47 by Repealing Section 7,4,10 and Enacting a Substitute therefor, and by Enacting a new Section 7.3,15. BE IT ORDAINED BY THE CITY COUNCIL OF THP] CITY OF DU. BURUE: Section 1. That Ordinance No. 7-47, be and the same is hereby amended by Repealing Section 7.4,10 thereof ~i,nd enacting the following as a sub- stitute therefor: "7.4.10 - Both sides of Thirteenth Street trom Iowa Street to Locust Street." Section 2. That Ordinance No. 7-47 be and the same is hereby amend- ed by adding a new Section 7.3.18 thereto as follows: "7.3.18 -Both sides of Thirteenth Street frmu Central Avenue to Iowa Street," Section 3. This Ordinance shall be in full force said effect Yrom and after its final passage, adoption and publication as by law provided. Introduced the 20th day oP Decem- ber, 1957. Rule requiring reading on three separate days suspended by unani- mous votc the 20th day of December, 7x67 Passed by recorded roll-call vote, adopted and approved this 20th day of December, 1967. CHARLES 17, DOVE Mayor CI,ARENCE P. WELU LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: Leo F. Frommelt City Clerlc Published officially in the Tele- graph Herald Newspaper this 27th da,y of December 1967. Leo F. Frommelt City Clerlc It 12-27 Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None, Absent-Councilman Kolb. ORDINANCE N0. b8.61 Vacation of a Portion of Atlantic Street, Rosedale Avenue, and the alley lying immediately south of Lot A of Lot 1 of Lot 1 of Mineral Lot 179, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- Gilman Schueller, Carried by the following vote; Yeas-Mayor :Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. Ordinance No. 68.57 Whereas, the City Manager has recommended to the City Counoil the, vacation of a portion of Atlan- tic Street, Rosedale Avenue, and the alley lying immediately south of Lot A of Lot 1 of Lot 1 of Mineral Lot 179; and Whereas, it appears to the City Council that the Gity of Dubuque is the. owner of all abutting prop- erty; and Whereas the City Engineer has pre- pared and submitted for Council approval plats oP the vacated por- tions of the vacated streets, as- signing lot numbers thereto; and 1Vhereas the Planning and Zoning Commission has recommended ap- proval of the City Manager's recom- mendation; and 1Vhereas the City Council has de- termined that said portions of said streets are no longer required Por public use; Now Therefore, Be It Ordained by The City Counoil of The Uity of Dubuque, Iowa: Section 1. That the alley lying south of Iot A of Lot 1 of Lot 1. of Mineral Lot 179, oonnecting North Algona Street with Rosedale Avenue, and designated as a portion of Lot 173A of vacated alley and Rosedale Avenue upon the plat submitted by the City Engineer, be and the same is hereby vacated; Section 2. That Rosedale Avenue from the wort line of Auburn Street to Its westerly terminus, as the same appears upon the plat prepared and submitted by the City Engineer, as a portion of Lot 178A oP vacated alley and Rosedale Avenue, he and tht~ same is hereby vacated; Section 3. That Atlantic Street Prom the north line oP North Grand- view Avenue to the south line oP Y,usedale Avenue, as the same appears anon the plat heretofore prepared and submitted by the City Engineer and designated thereon as Lot 29A of vacated Atlantic Street, be and the same is hereby vacated; Scetion 4, ThaE the plate of said vacaG;d portions of said streets and al~c,y, heretofore prepared by and submitted by the City Engineer, be and the same are hereby approved and the Mayor and City Clerk are . hereby authorized to endorse the ap- ur,val of the City of Dubuque there- on; Section 5, That the City Clerk be and he is hereby authorized and di- reefed to record said plats and a r~ertified copy of this Ordinance i^ the office of the County Recorder of ihtbunue~ Connty~ Iowa. Section 6. ~ Tlus Ordinance shall be In gal] force and effect from and aftet• is Final passage, adoption and pub- 6cation as by law provided. Introduced the 20th day of Decem- ber, 1967. Rule requiring reading on three separate days suspended by unani- mous vote the 20th day of Decembor 1957, ~~ 494 Special Session, December 20, 1957 Passed by recorded roll-call vote, adopted and approved this 20th day t December, 1957, CHARLES E. DOVE, Mayor CLARENCL7 P. WELU LEO N. SCHUELLER CfIARLES A. I~INTZINgER, Councilmen Attest: Leo F. Frommelt City Clerk Published officially in the Tele- graph-Herald Newspaper this 27th day oS December, 1957. LEO F. FROMMELT, It. 12/27 City Clerk Councilman Welu moved the adoption of the Ordinance. See- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. ORDINANCE N0. 6957 An Ordinance Amending the Zon- ing 1VIap and Zoning Ordinance of I the City of Dubuque by Changing the Zoning Classification of the West 200 feet of Lot One of Min- I eral Lot 376A, presented and read, Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schuel• ler. Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb, Councilman Welu moved that the rule requiring reading of an Ordi- nonce on three separate days be waived. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. Councilman Welu moved that a public hearing be held on the Ordinance on February 3, 1958, at 7:30 P, M. in the Council Cham- ber and that the City Clerk be in- stru~ted to publish notice of hear- . ing in the manner required by law, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. ORDINANCE N0. 70.57 An Ordinance Amending the Zon- ing Map and Zoning Ordinance of the City of Dubuque by reclassify- . ing the property described as the North ~/a of City Lot 470 in the Original Town of Dubuque, pre- sented and read. Councilman Welu moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kalb. Councilman Welu moved that the rules be suspended requiring an Ordinance to be read on t h r e e separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kalb. Councilman Welu ni o v e d that public hearing be held on the Ordi- nance on February 3, 1959, at 7:30 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 Schueller, Carried by the following vote; Yeas-Mayor Dove, Councilmen Kintzitger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Petition of Consolidated Chimney Company requesting permission to blast for felling the chimney at the interstate Power Company Plant, presented and read. Councilman Welu moved that the request be granted providing proper bond is furnished. Seconded by Council- man Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Petition of M. C. Mai requesting reconsideration of a farmer peti- tion made by merchants north of Tenth street on Main for parking facilities to serve the needs of their respective locations, pre- sented and read, Councilman Welu moved that the petition be referred to the City Manager to be in- cluded in a study of former park- ing facility petition submitted by Special Session, December 20, 1957 495 the merchants on Central Avenue. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absenti-Councilman Kolb. Petition of Schlueter Insurance Agency requesting release of heat- ing bond No, 28214.13-2652.54 issued to Joseph J, Eisbach, presented and read. Councilman Welu moved that the request be granted provid- ingthere are no outstanding claims, Seconded by Councilman Kintzing- er, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb, Petition of Key City Lodge of International Association of Ma- chinists requesting an investigation of the menace of soot, cinder and fly ash eminating from the Inter- state Power Plant at the foot of 8th street, thereby causing dam- age to the finish on ears parked at the Morrison Company plant at the foot of Seventh street, pre- sented and read. Mr. Frank Gonser and Vince Schmitt ad- dressed the Council on behalf of the petitioners stating that the soot condition from the Interstate has been in existence for a long time and it seems to be getting worse. Councilman Welu moved that the petition be referred to the City Manager for investigation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb, December 16, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The attached Agreement has been requested by the City in order that we will have permission of the IDinois Central Railroad to construct sewer lines along their property from Dodge Street to Rock Cut. I recommend that the City Coun- cil approve the Resolution authoriz- ing the Mayor and City Clerk to execute this Agreement. Respectfully submitted, L, J, Schutz 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, Schueller, Welu. Nays-None. Absent---CCvuncilman Kolb:' RESOLUTION N0. 258.51 WHEREAS, the City of Dubuque is contracting for the construction of a force main along the Illinois Central right-of-way along the edge o£ the Mississippi River from Rail- road Avemle to Rock Cut, and it is necessary for the City of Du- buque to obtain permission of the Illinois Central Railroad Company to cross or construct on the right- of-way of the Illinois Central Rail- road this sewer: THEREFORE,13e It Resolved by the City Council of the City of Du- buque that the Mayor and Clerk be authorized to execute the Agree- ment between the Illinois Central Rairoad Company and the City of Dubuque granting this permission. Passed, adopted and approved this 20th day of December, 1957. CHARLES E. DOVE Mayor CLARENCE P. WELU 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 Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, I~1ays-None. Absent-Councilman Kalb, Proof of Publication, certified to by the Publisher, of Notice o£ Property Owners of a public hear• ing on a proposed resolution of necessity, estimate of cost, and a plat and schedule showing the amounts proposed to be assessed against each lot and the valua'tian thereof within a district as ap- Li f c ~''. 49B Special Session, December 20, 1957 proved by the City Council far a SANITARY 5EWER, LIFT STA- TION and FORCE MAIN improve- ment of the type and in the fol- lowing location; 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 of East 14th Street. 2. In East 14th .Street from the canter 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 Pine and Maple Streets from the center line of East 16th south to the center line of Lot 282 of East Dubuque Addition No. 2 extended. 6. In East 15th Street from a point 13 feet east of the East Prop- erty Line of Pine Street to the center line of Sycamore Street, 7, In East 16th Street from a point l0 feet east of the East Prop- erty Line of Pine Street to the center line of Maple Street. e. In East 16th Street from the canter 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 point 10 feet east of the West Property Line of Lot 418 of East Dubuque Addition No. 2 to the sewer lhte in Sycamore Street. II The Faroe Main is located in East 15th Street from Lat 412 of East Dubuque Addition No, 2 to the intersection of the center line of East 15th Street and White Street, III The Lift Station is to be lo- cated in Lot 412 of East Dubuque Addition No. 2. presented and read, Councilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. Statement of City Clerk From- melt certifying that on December 2, 1957, a Notice to property Own- ers was mailed by ordinary mail to the owners of property as shown by the records of the Coun- ty Auditor within the bounds of the proposed improvement designated as Cedar, Maple, and Sycamore Street Sanitary Sewor, Lift Station and Force Main Improvement, presented and read. Councilman Welu moved that the statement be received and filed, Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen I{intzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb. BEFORE THE CITY COUNCIL OF TWE CITY OF DUFUQUE, IOW,4 In the matter of the proposed construction of Cedar, Maple and Sycamore Streets Sanitary Sewer, Lift Station and Force Main Im- provement, Qbjections of Chicago, Milwau- kee, St, Paul & Pacific Railroad Company. Z'o the Honorable Mayor, City Man- alter and City Council of the City of Dubuque, Iowa: Comes now the.Chicago, Milwau- kee, St. Paul & Pacific Railroad Company and respectfully objects to the proposed special assessments against this Railroad and its prop- erties in connection with the Cedar Maple and Sycamore Streets sani- tary sewer, lift Station and force main improvement for the follow- ings reasons: 1, The following lots and par- cels of real estate as shown on the schedule and proposed to be as- sessed to this Company are not in fact owned by this Company, to-wit: (a) Lot 441 in East Dubuque Addition No. 2 against which there is a proopsed special assess- ment in the amount of $610.13, (b) Lot 442 in East Dubuque Addition No. 2 against which there is a proposed special assess- ment in the mount of $610,13. Special Session, December 20, 1957 497 (c) Lot 443 in East Dubuque Addition No, 2 against which there is a proposed special assess- ment in the amount of $610,13, (d) Lot "A" in Block 5 Rail• road Addition (vacated E. 19th St,) against which there is a pro- posed special assessment of $625,30. (e) Vacated E. 19th St, be- tween Blocks 12 and 13 in Rail- road Addition against which there is a proposed special assess- ment of $395,30, (f) Vacated Ash Street be- tween Blocks 12 and 17 against which there is a proposed spec- ial assessment in the amount of $539.06. That portion of vacated Ash Street from the northerly line of E. 19th Street to the southerly line of Lot 19 in said Block 12 and the southerly line of Lot 6 in said Block 17 is not owned by this Company, The bal- ance of said former Ash Street between said Blocks 12 and 17 in Railroad Addition has been sub- divided into Lot 1 and Lot 2. This Company owns Lot 1 of said subdivision but does not own Lot 2 of said subdivision. (g) Vacated alley in Block 12 Railroad Addition against which there is a proposed special assess- ment of $168,45. This vacated alley has been subdivided into Lot i and Lot 2 thereof. This Company does not own Lot 2 of said subdivision. (h) Vacated alley in Block 17 in Railroad Addition against which there is a proposed special assessment of $168,45, The va- cated alley referred to has been subdivided into Lot 1 and Lot 2 thereof an dthis Company does not own Lot 2 of said subdivision, (i) Vacated E. 20th Street in Railroad Addition from the east property line of vacated Marsh Street to the east property line of vacated Lynn Street against which there is a proposed special assessment of $1020,61. Said por- tion of vacated E, 20th has been subdivided into Lots 1 and 2 thereof. This Company does not own Lot 2 of said subdivision, (j) Vacated Lynn Street be- tween Blocks 6, 11 and 12 in Railroad Addition against which there is a proposed special assess- ment in the amount of $818.63. That portion of former Lynn Street has been subdivided into Lots 1 and 2 thereof and this Company does not own Lot 2 of said subdivision, 2, The assessments proposed against this Railroad Company and its property would be in excess of and not in proportion to any spec- ial benefits which could be con- ferred by said sower improvement upon the lots or property against which such assessments would be levied. 3. The assessments proposed to be levied against this Railroad Company and its property, particu- larly against the lots in Blacks 11, 12, 17 and 18 in Railroad Addition and the portions of vacated Lynn, Ash and E, 20th Streets owned by this Company and the portions of the vacated alleys within said blocks owned by this Company, are excessive, inequitable and discrim- inatory and are not in accordance with any special benefits which would be conferred in view of the remoteness of such lots from the proposed sewer improvement. 4. The assessment proposed to be levied against this Railroad Company and its property are ex- cessive, inequitable and discrimina- tory and not in accordance with the special benefits which would be conforred thereon in view of the limbed and special use to which said lots and property are and in the foreseeable future will be used, that is, for railroad tracks, appurt- ences and facilities, 5, The valuations and each of them set out in the schedule and determined by the City Council so far as the property of this Rail- road Company are concerned, 'are arbitrary and excessive and gross- ly overstate the values of said prop- erty with the proposed public im- provement completed. Wherefore, the undersigned Rail- road Company asks that for oath and all of the reasons stated above' 498 Special Session, December 2Q 1957 the proposed assessments against ~ this Company and its property not be made. CI3ICAG0, MILWAUKEE, ST. PAUL & PACIFIC RAIROAD COMPANY, By John N. Hughes By Robt. W. Clewell Its Attorneys Councilman Welu moved that the objections be overruled. Seconded by Mayor Dove. Carried by the fol- lowing vote; Yeas-Mayor Dave, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. OB9ECTIONS TO PROPOSED SANITARY SE~1lER ASSESSMENTS Honorable Mayor, City Manager, Members of the City Council and City Clerk, all of the City of Du- buque, Iowa, City Hall, Dubuque, Iowa. IN RE: Sanitary Sewer, Lift Sta- tion and Force Marn Improvement for Cedar, Maple and Sycamore Streets. Gentlemen: We, the undersigned property owners, Herald Walser and Max Blum, are affected by the proposed assessment for Sanitary Sewer, The undersigned herald Walser and Max Blnm are hereinafter known as and shall be call objec- tors. That the property owned by the objectors to be affected is hereby set forth showing legal description, proposed valuation and proposed estimated assesment. All property in East Dubuque No, 2 Subdivision in the City of Dubuque, Iowa: Lot Proposed Proposed Description Valuation Estimated Assessment 429 $10,000.00 $1,71D22 430 9,000.00 1,710,22 N48' 2" 431 7,000,00 1,61D,99 484 6,200.00 1,512.14 485 5,000.00 1,247.76 486 15,000.00 1,247.76 487 10,000.0 1,24796 488 8,00,00 1,247.76 Total Proposed Estimated Assessment $11,584.61 The Objectors by way of inter- posing objections state as follows; A. The Objectors hereby request that their property be deleted and removed from the proposed Sewer District for the six (6) reasons here- inafter set out; B, That in the alternative and without withdrawing their request for deletion and removal from the proposed Sewer District in the event their request far deletion and removal is denied them, they request that the proposed estimated assessments on their property be reduced for the six (6) reasons hereinafter set out; 1, That the assessment or proposed assesments are greatly in excess of the special benefits conferred on their property, 2. That the assessment or proposed assesments are greatly in excess of the proportionate benefits conferred on their property as compared with assessments on other property within the pro- posed aewer district. 3. That the objectors are using their property for storage pur- poses and will derive no benefit whatever from the proposed san- tary sewer. 4. That the assessment or proposed assessments are in excess of twenty-five (25%) percent of the value of their property. 5, That the method of computation of the assesments or proposed assessments against objectors' property are unjust, inequitable and illegal according to Chap- ters 391 and 391A of the Code of Iowa (1954) in that the City of Dubuque has failed to con- sider whether the assessment or proposed assessments against objectors' property represents a fair proportional part of the total cost of the proposed sewer project. 6, That the assesment or proposed assessments against the objec- tors' property is an attempt to take private property without due process of law contrary to the Fifth (5th) and fourteenth (14th) Amendments to the Con- stitution of the United States Special Session, December 20, 1957 499 and Sectio nNine (9) of Article One (1) of the Constitution of the State of Iowa in which the City of Dubuque proposes to deprive these objectors of their property without due process of law. Executed at Dubuque, Iowa this 34th day of December, 1957. Herald Walser Max Blum Objectors William T, Connery 973 Main Dubuque, Iowa Attorney for Objectors County of Dubuque J SS State of Iowa i We, Herald Walser and Max Blum, being first duly sworn on oath, depose and say that we are the objectors named in the fore• going Objection to Proposed Sani• taffy Sewer Assessment, that we have read the same, have knowl- edge thereof and that it is true and correct as we verily believe, Herald Walser Max Blum Subscribed and sworn to before me, a Notary Public in and for Dubuque County, Iowa, this 20th day of December, 1957. William T, Connery Notary Public in and for Dubuque County, Iowa Councilman Welu moved that the objections be overruled. Seconded by Mayor Dove. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent®Councilman Kolb, Mr. Max Blum addressed the Council stating that the proposed assesment against various proper• ties in the area of the proposed Cedar, Maple & Sycamore streets sanitary sewer; amounting to ap• proximately $11,000 was out of reason. Mr. William Connery attorney representing Mr, Blum and Mr, Walser addressed the Council stat- ing that the proposed assessments are greatly in excess of the benefits conferred on their property .and asl~ed for a fair consideration, RESOLUTION N0. 242-57 Resolution of necessity far con- struction of Cedar, Maple and Syca• more Streets Sanitary Sewer, Lift Station and Force Main Improve- ment, Also setting time and place of hearing and prescribing notice, Whereas, proposed plans and specifications, plat and schedule have been duly prepared and ap- proved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing, among other things, the following: a. An estimated total cost of the work, b. The amount proposed to be assessed against each lot for the improvement for the con- struction of Cedar, Maple and Sycamore Streets Sanitary Sewer, Lift Station and Force Main Iimprovement. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa; 1, That the City Council deems it advisable and necessary for the public welfare to make said im- provement, 2. Said improvement shall be cmrstructed 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 assess• ment district shown on such plat in an amount not to exceed the amount provided bylaw and in pro- portion to the special benefits con- ferred thereby and the remainder of the total cost shall be paid out of the Sanitation Fund. 3. Bonds. shall be issued and sold in anticipation of deferred pay- menu of assesments 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 Council 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 ~'', 500 Special Session, December 20, 1957 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 pub- lication 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 asseseed, as shown by the records in the office of the County Auditor not less than fif- teen days pr°ior to said hearing. Approved on first reading this 25th day of November, 1957. All objections are hereby over ruled and the foregoing resolution, passed, adopted and approved as proposed this 20th day of Decem- ber, 1957, CHARLES E, DOVE Mayor CLARENCE P. WELU 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 Kintzinger. Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RESOLUTIAN N0. 259-37 Resolotion Approving Detailed plans, 5peeifications, Form of Con• tract and Notice to Bidders and Directing Adverfisement to Bidders. Whereas the City Council of the City of Dubuque, Iowa has hereto- fore adopted Resolution No, 242- 57 being a Resolution of Necessity for the construction of the Cedar Maple and Sycamore Street Sani- tary Sewer, Lift Station and Force Main Improvement, and Whereas, the City Engineer has submitted and filed with the City Clerk detailed plans and specifica- tions, form of contract and notice to bidders for said improvement; Now Therefore, Be It Resolved that said plnas, specifications, form of contract, and notice to bidders are hereby approved and that the City Clerk is hereby authorized and directed to publish said notice to bidders, in the manner provided by la~v, once each week for two con- secutive weeks, the first of which publications shall not be less than twelve (12) days before the date set in said notice for receiving bids. Be It Further Resolved that each bidder shall be required to accom- pany his bid with a certified check on a solvent Iowa bank payable to the City of Dubuque as follows: Bid Section No. I $4,500,00 Bid Section No. TI $13,000.00 Passed, adopted and approved this 20th day of December, 1957. CHARLES E, DOVE Mayor CLARENCE P. WELU LEO N. SCHUELLER CHARLES A. KINTZINGER Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Welu moved the adoption of the resolution and the date be set as February 3, 1958 for the receipt of bids. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. December 20,1957 Nfr. L. J, Schiltz City Manager Dubuque, Iowa Dear Mr, Schiltz: The construction of the City of Dubuque 1957 Bituminous Concrete Surfacing Project No, 1 has been completed in accordance with the plans and specifications by the Mulgrew Blacktop, Incorporated except for water pockets in Decatur Street and East 25th Street. These water pockets will have to be fixed so that the water ~vill flow off the street. I therefore contacted the Mul- grew Blacktop, Incorporated and had them write an agreement to you, attached hereto, that they would do this work when weather Special Session, December 20, 1957 501 permitting and a comparative por• tion of their money would be re- tained until such is done. I hereby will accept the improve- ment provided a comparative por- tion of the money is retained to complete above mentioned defects, Respectfully submitted, K. J. CULLEN City Engineer December 20, 1957 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: This is to advise you that the City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1 under construction by the Mulgrew Blacktop, Inc,, has been completed in accordance with plans and spe- cifications, except far water pock- ets located in Decatur Street and East 25th Street, I therefore reconrmeud the ac- ceptance of this improvement with the reservation that a comparative portion of payment will be with- hold by the City until such defects are repaired as per agreement in attached letter, Respectfully submitted, L, J, SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Mana- ger be approved, Seconded by Councilman Schuellea•. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. December 6, 1957 Mr, L. J. Schiltz City Manager Dubuque, Iotiva Dear Sir: We the Mulgrew Blacktop InCF hereby agree to relay Bituminous Concrete Surfacing and seal coat in parts of the following named streets as directed by the City Engineer to eliminate water pock- ets and to seal coat same. (1) Decatur Street (2) 25th Street We also. agree that the accept- Bituminous Concrete Surfacing once of the 1957 City of Dubuque Project No, 1 by the City Council on December 20, 1957, does not waive the above agreement and that a comparative portion of pay- ment will be withheld by the City until above work has been com- pleted, Yours very truly, Mulgrew Blacktop Inc. By Thomas J. Mulgrew, President December 20, 1957 T,o the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: I am attaching an Agreement that would permit the City to pay Mulgrew Blacktop, Incorporatedt the city portion of the 1957 Asphal- tic Concrete Surfacing Project No. 1 before accepting the work as com- pleted, The contractor has to perform additional work in order to com- plete the project so that it will meet specifications and they can- not do this until 1958. Payment of the city share and retaining that portion assessed against private property will not constitute acceptance and will not cause undue hardship on the con- tractor, I recommend that the City Man- ager be authorized to sign this Agreement on behalf of the City of Dubuque. Respectfully submitted, L. J, SCHILTZ City Manager Councilman Welu moved that the recommendation of the City Mana- ger be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays -None. Absent-Councilman Kolb. AGREEMEAIT This Agreement entered into this 24th day o£ December, 1957, by and between the City of Dubuque as and Mulgrew Blacktop, Ine., as contractor: The parties hereto have entered into a contract for the surfacing of certain streets in the City known as Asphaltic Concrete Surfacing Project No. 1; Contractor concedes that the work does not conform to specifica- tions in certain portions and agree to remedy the defects but is unable to do so until the spring of 1958, 502 Special Session, December 2Q 1957 however, contractor desires a par- tial payment for work accom- plished; Owner is agreeable to paying contractor the portion of the con- tract price not assessable against private property pxovided contract- or agrees to correct the defects in his work and make the same ac- ceptable as soon as working con- ditions permit. NOW, THEREFORE, It is Agreed Betwoen the Partios: 1. Owner agrees to pay con- tractor the sum of $33.038.39 as a partial payment far the work done by contractor under the above contract. 2, Contractor agrees to complete the work according to specifications and remedy the defects by cutting out the longitudinal and lateral pavement joints on Grandview Avenue as will be directed by the City Engineer and replace the same in a manner satisfactory to the City Engineer with acceptable material and to seal coat with ap- proved asphalt and cove .aggre- gate, the entire length of Grand- view Avenue from Dexter Street to Clarke Drive, 3. Contractor agrees to accorn• push the work set out in paragraph 2 as soon as working conditions permit in the spring of 1958. 4, The time for performance of contractor's contract shall be ex- tended to June 1, 1958, and con- tractor waives any claim for in- terest on any sums payable under the contract prior to the acceptance of the work and 52 days there- after. 5. The sum payable by owner under paragraph 1 hereof shall be paid contractor upon the approval of the terms of this Agreement by the City Council of the City of Du- buque and the surety on contrac- tor's bond. 6. The execution of this Agree- ment shall not constitute a waiver by owner of any defects in the work now known or hereafter dis- covered. CITY OF DUBUQUE, IOWA by L. J. Schiltz, City Manager Mulgrew Blacktop Company, Inc. by Thomas J. Mulgrew, Vice-President RESOLUTION NO. 2b0.51 Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa: Section 1. That the proposed Agreement submitted by the City Manager providing for the modifi- cation of Asphaltic Concrete Sur- facing Prroject No, 1 be and the same is hereby approved, Secfion 2. That the City Manager be and he is hereby authorized to execute said agreoment on behalf of the City of Dubuque and to pay over to Mulgrew Blacktop, Inoor- porated the sum of $33,038.39 upon the execution of said Agreement and the approval thereof by the surety on contractor's bond, Bastion 3. That upon the consent. in writing of the surety on con- tractor's band, the time for per- formance of .the contract for As- phaltic Concrete Surfacing Project Na, 1 is extended to June 1,1958. Passed, adopted and approved this 20th day of December, 1952. CHARLES E. DOVE Mayor CLARENCE P. WELD 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 Schueller. Car- ried by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. FINAL ESTIMATE City of Dubuque, Iowa RESOLUTION NO. 241.57 WHEREAS, the contract for the City of Dubuque 1957 Bituminous Concrete Smrfacing Project No, 1 Section 1 for construction of Bi- tuminous Concrete surfacing on the fallowing named streets: 1, Angella Street from East Property Line of Cox to East Prop- erty Line of Lot 15 Quigley's Sub Out Lot 709, 2, Audubon Street from North Property Line of Grandview to South Property Line of Rosedale Avenue. 3. Cherry Street from West Prop- erty Line of Avoca Street to end of Cherry Street, Special Session, December 20, 1957 503 4. Decatur Street from West Property Line of Rhomberg to East Property Line of Lincoln Ave- nue. 5. Fulton Street fxom East Prop- exty Line of Monroe to East Prop- erty Lane of King Street, 6, Gilmore Street from South Property Line of West 5th Street to the end of Gilmore Street. 7. Greeley Street from South Property Line of Broadway to west lot liue of Lot 16 King Grove Addi- tion, 8. Monroe Street from South Property Line of Broadway to alley west of Fulton Street. 9. Prescott Street from South Property Line of Emerson to South Property Line of Roosevelt Street. 10. Providence Street from North Property Line of Johnson to South Property Line of Stafford Street. 11. West 17th Street from East Property Line of Cox street to ex- isting connote on West 17th Street. 12, Solon Street from East Prop- erty Line of Nevada to the West Property Line of Alpine Street, 13. East 25th street from North Property Line of Central to alley north of Elm Street. 14, Union Street from South Property Line of Cleveland to the North Property Line of Rush Street. 15. York Street from North Prop- erty Line of Curtis Street to the South Property Line of Dodge Street, has been completed and the City Engineer has submitted his final estimate showing the cost thereof including the cost of esti• mates, notices, inspection, and pre- paring 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 horeby determined to be $63,803.09. That $62,870,D0 of the cost there- of shall be assessable upon private property and $993.09 Deficiencies shall be paid from the Street Con- struction Fund of the City of Du- buque. Passed, adopted and approved this 20th day of December, 1957, CHARLES E, DOVE Mayor CLARENCE P, WELD LEO N. SCHUELLER CHARLES A, KIIVTZINGER Attest: LEO F, FROMMELT City Clerk Councilman Welu moved 'the adoption of the resolution. Second- ed by Councilman Kintzinger, Car- ried by the following vote; Yeas-11layor Dave. Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb, (A Resolution Accepfing Improve- meet and Directing the Clerk to Rublish Notice.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 242.57 WHEREAS, the contract for the Improvement of City of Dubuque 1957 Bituminous Concrete Surfae- ing Project No: 1 Section 1 for constructioia of Pitiualiaaous Con- crete Sur£aci~ag oaa the following named attests: 1,Angella, Street from East Prop- erty Line of Co;~ to East Property Lino of Lot 15Quigley's Sub. Out Lot 709. 2. Audubon Street from North Property Line of Grandview to South Property Line of Rosedale Avenue. 3, Cherry Street from West Property Line of Avoca Street to' end of Cherry Stroet. 4, Decatur Street from West' Property Line of Rhomberg to East Property Line of Lincoln Avenue. 5. Fulton Street from East Prop- erty Line of Monroe to East Prop- erty Line of I{ing Street. 6. Gilmore Street from Soi:th Property Line of West 5th Street to the end of Gilmore Street. 7. Greeley Street frorn South Property Line of Broadway to west lot line of Lot 16 King Grove Addition. 8. Monroe Street from South Property Line of Broadway to al- ley west of Fulton Street. 9, Prescott Street from South Property Line of Emerson to South Property Line of Roosevelt Street. 10. Providence Street from Aiorth Property Line of Johnson to South Property Line of Stafford Street. '- i ~,;;;,; y h.. i i 504. Special Session, December 20, 1957 11, West 17th Street from East Property Line of Cox Street to ex- isting concrete on West 17th Street. 12. Solon Street from East Prop- erty Line of Nevada to the West Property Line of Alpine Street. 13, East 25th Street from North Property Line of Central to alley north of Elm Street. 14. Union Street from South Property Line of Cleveland to the North Property Line of Rush Street. 15. York Street from North Prop- erty Line of Curtis Street to the South Property Line of Dodge Street, 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 contract, plans and specifi- cations and recommends its accept- ance, 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 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 Glerk 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 there- for, 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 Im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained percent- age provided for therein, Passed, adopted and approved this 24th day of Docember, 1957. Approved: CHARLES E. DOVE Mayor CLARENCE P. WELU 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 Schueller. Car- ried by the following vote; Yeas-Mayor Dave, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0.2b3.57 WHEREAS, the contract for the. City of Dubuque 1957 Bituminous Concrete Surfacing Project No. 1, Section H, Construction of Bitumi- nous Concrete Surfacing on the following named parking lots lo- cated at: 1. Fifth and Bluff Streets Z. Fourth and Iowa Streets, 3, Tenth and Central Avenue leas 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 there- fore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- n.~ent is hereby determined to be $9,987.02, That None of the cost thereof shall be assessable upon private property and $9,987.02 shall be paid from the Parking Meter Fund of the City of Dubuque, Passed, adopted and approved this 20th day of December, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU LEO N. SCHUELLER CHARLES A, KINTZINGER Attest: LEO F. FROMMELT Councilmen City Clerk Councilman Welu moved the adoption of the resolution. Socond- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Dave, Councilmen I{intzinger, Schueller, Welu, Nays-None. Absent-Councilman Kolb. RES0LUT9®N N0. 2b457 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, Special Session, December 20, 1957 505 BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be granted and licenses be issued up- on the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT John B. Burgmaier, 2419 Rhomberg. Avenue DeFbrrest P. Moeller (Transfer of address from 779 Iowa Street) 127 West 6th Street CLASS "G" PERMIT Alois J. Ender, 534 Rhomberg Ave- nue Passed, adopted and approved this 20th day of December, 1957. CHARLES E. DOVE Mayor CLARENCE P, WELU LEO N. SCHUELLER CHARLES A, KINTZINGER Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Welu, Car- ried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None, Absent-Councilman Kolb, RES®LUTION N0. 265.57 WHEREAS, heretofore applica- tions far Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises 'to be occupied by such applicants were inspected and found to comply wit hthe ordinances of this City and they have filed proper bonds; NOW, THEREFORE, BE TI' RESOLVED ~by the City Council of the City of Dubuque that the Manager be and he is directed .to isue Ito the following named applicants a Beer Permit. Ciass "B" Permit John B, Burgmaier, 2419 Rhom- berg Avenue. DeForrest P. Koeller, (Transfer of address from 779 dowa Street), 127 West 6th Street, Glass "G" Permit Alois J, Ender, 534 Rhomberg Avenue, BE IT FURTHER RESOLVED that the bonds Filed by such ap- plicants be and the same are here- by approved. Passed, adopted and approved this 20th day of December, 1957. CHARLES E. DOVE, Mayor, CLARENCE P, WELU, LEO N. SCI-IUELLER, CHARLES A. KINTZINGER, Councilmen, Attest: LEO F. FROMMELT, City Cleric. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb, RESOLUTION PLO. 2b6.57 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. Arnold and Marian F, Gartner (Effective 1/1/58), 2997 ,Central Avenue. DeForrest P. Koeller (Transfer of address from 779 Iowa Street), 127 West Bth Street, John B. Burgmaier, (Effective 1/1/58), 2419 Rhomberg Avenue, BE IT FURTHER P~ESOLVED that the bonds filed with the ap- plications be approved. Paced, adopted and approved this 20th day of December, 1957. CHARLES E. DOVE, Mayor. CLARENCE P, WELD, LEO N. SCHUELLER, CHARLES A, KINTZIlVGER, Councilmen. ` Attest: LEO F, FROA4MELT, City Clerk. Councilman Kintzinger moved the adoption of the resolution. Sec- onded by Councilman Welu, Car• ried ~by the following vote; Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb, ~' 506 Special Session, December 20, 1957 December 2Q 1957 To the Honorable Mayor and City Council, Dubuque, Iovva, Gentlemen: This is to advise you that the "City of Dubuque 1957 Curb and Gutter Project No. 1, Section I and II, under con- struction by the Thomas Flynn Coal Company has been cmnpleted in accordance with the plans and specifications. I, therefore, recommend the ac- ceptance of the improvement Respectfully submitted; L, J, SCHILTZ, City Manager, Councilman VJelu moved that the recommendation of the City Manager be approved. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu, Nays-None. Absent-Councilman I{alb. FINAL ESTIhAATE City of Dubuque, Iowa RESOLUTION N0. 267.57 WHEREAS, the contract for the improvement of the City of Du- ubuque 1957 Concrete Curb and Gutter Project No. 1, Section 1 and H- Construotion of concrete curb and gutter on the following. por- tions of the following named streets: Section I 1, Audubon Street from South ,Property Line of Lot 73 of Wood- lawn Park Addition to Rosedale Avenue, 2, North Grandview A v e n u e (west side only) from the South Property Line of Clarke Drive to ,the North Property 'Lino of Raso- dale Avenue, 3, Keokuk Street from the North Property Line of Primrose to the northerly end of Keokuk Street, 4. Lennox Avenue from East Property Line of McPoland to the East Property Line of Born Ave- nue and the South Property Line of Pennsylvania. 5. Montana Street from the South Property Line of Wilbricht Lane to tho North Property Line of Merfeld Lane. 6. Pennsylvania Avenae from West Property Line of Chaney Road to ~~the west city limits, 7. Prescott Street from the South Property Line of Emerson Street to the South Property Line of Roosevelt Street, 8. Salon Street £rom East Pro- perty Line of Arevada Street to the West Property Line of Alpine Street, 9, tiVilbrieht Lane from South Property Line of Asbury Street to ;the West Property Line of Wil- bricht Place. 10. Woodlawn Street from North Property Line of Asbury Street to the South Property Line of Karen Street and from the North Pro- perty Line of Karen Street to the ,northerly end of Woodlawn Street. 11, York Street from North Property Line of Curtis Street to the South Property Lfne of Dodge iStreet, Section II 1, North. Grandview A v e n u e from South Property Line of Clarke Drive (east side only) to the ex- tended East Property Line of North Algona Street and from the extended East Property Line of North AIgona Street Ito the North Property Line of Dexter Street. 2. West 3rd Street (south side only) from West Property Line of Bluff Street to the extended East Property Line of Burch Street. 3. Pennsylvania Avenue widen- ing from the North Property Line of University Avenue to .the ex- tended East Property Line of Lot 1 of 2 of Hyatt Place with 6" plain concrete surfacing with integral curb; has been completed and the City Engineer 'has submitted his final estimate showing the cost thereof including .the cost of esti- mates, notices, inspection, and pre- paring the assesment 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 SECTION I--$75,607,35; SECTION TI-$43,488.94. That Section I $63,483,67-Sec- tion II-NONE-of the cast there- of shall be assessable upon pri- vate property and Seotion I $12; 123.68, shall be paid from Street ~Construetion Fund $11,544.64, City Share of C. A. Strub portion $579,04. Section it shall be paid from Extra Expense 109-A $1,9$5.64, Special Session, December 20; 1957 507 Street Construction Fund $41,503,30 of the City of Dubuque. Passed, adapted and approved this 20th day of December, 1957, CHARLES E. DOVE, Mayor. CLARENCE P, WELU, 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 Kintzinger, Carried by the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kalb, (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice,) City of Dubuque, Iowa RESOLUTION N0. 268.57 WHEREAS, the contract for the improvement of the City of Du- buque 1957 Curb and Gutter Pro- ject Na. I, Section I and II Construction of concrete curb and gutter on the following par- i tions of the following named ' streets: Section I 1. Audubon Street from South Property Line of Lot 73 of Wood- lawn Fark Addition to Rosedale Avenue, 2. North Grandview o v e n un e (west side only) from the South Property Line of Clarke Drive Ito the North Property Line of Rose- dale Avenue, 3, Keokuk Street fi•om the North Property Line of Primrose to the northerly end of Keokuk Street, 4, Lennox Avenue from East Property Line of McPoland to the East Property Line of Born Rve- nue and the South Property Line of Pennsylvania. 5. Montana Street from the South Property Line of Wilbricht Lane to the North Property Line of Merfeld Lane. 6. Pennsylvania Avenue from West Property Line of Chaney Road to the west city limits. 7. Prescott Street from the South Property Line of Emerson Street to the South Property Line of Roosevelt Street. 8. Solon Street from East Pro- perty Line of Nevada Street to gthe West Property Line of Alpine Street. 9, Wilbricht Lane from South Property Line of Asbury Stre®t to the West Property Line of Wil- bricht Place. 10. Woodlawn Street from North Property Line ~of Asbury Street to the South Property Line of Karen Street and from the North Property Line of Karen Street tb the northerly end of Woodlawn Street. 11. York Street from North Pro- perty Line of Curtis Street to the South Property Line of Dodge Street. Section II L North Grandview a v e n u e from South Property Line of Clarke Drive (oast side only) to the extended East Property Line of North Algona, Street and. from the extended:-East Property Line of North Algona Street to the North Froperty Line oI Dexter Street, 2, West 3~'d Street (sau(h side only) from West Property Line of B1uffS~tree't io the extended East Property'-.Line of Burch Street, 3, Pennsylvania Avenue widen- ing from the 'North Praporty Line of University Avenue to the ex- tended East Property Line of Lot 1 of 2 of Hyatt :Place with 6" plain concrete surfacing with in- tegral curb has been completed and the City Manager has exam- ined the work sand filed his cer- tificate ~tha~~t the same 'has been completed according to the terms of the contract, plans and specifi- cations and recommendse its ac- ceptance, 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 and the .City Engineer be and he is hereby di- rected to prepare a plat and sched- ule showing the lots or parcels of real estate subject to assess- ment for said improvement and file the same in the office of tihe City Clerk subject 'to public ih- spection and said Clerk shall up- on receipt of such plat and sched- ule publish the .notice of the Coun- cil's intention to aevy special as- 508 Special Session, December 20, 1957 sessments ther'efrnr, as required by law. BE 1'T FURTHER RESOLVED, fihat the City Treasurer be and she is hereby directed Ito 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 for therein. Passed, adopted and approved this 20th day of December, 1952 CHARLES E. DOVE, Mayor. CLARENCE P. WELD, LEO N, SCHUELLER, CHARLES A. KINTZINGER, Councilmen, Attest: LEO F. FROMD4ELT, City Clerk. Councilman. Kintzinger moved the adoption of .the resolution. Seconded by Councilman Schueller, Carried •by the folowing vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb.. There being no further business, Councilman Welu moved to ad- journ, Seconded by Councilman Schueller. Carried Eby the following vote: Yeas-Mayor Dove, Councilmen Kintzinger, Schueller, Welu. Nays-None. Absent-Councilman Kolb. LEO F. FROMMELT, City. Clerk. Approved ... . . ........... . .....1958 Adopted ...... . . . . ..............1958 Councilmen ............................... .... Attest ................................................ City Clerk