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1956 August Council ProceedingsRegular Session, August 6, 1956 315 r,"'~7~,,~ r(~ ~'7~ '~~ j ~ Seconded yby Councilmag Kolb. Carried b the followin vote; Yeas-Mayor Welu, Councilmen (OFFICIAL) Dove, Kolb, Schueller. Regular Session, August 6, 1956. Nays-None. Council met at 7:30 P.M. Absent-Councilman Kintzinger. Present-Mayor Welu, Council- Proof of publication, certified to men Dove, Kolb, Schueller. City by the publisher, of notice of pub- Manager Schiltz. lic hearing on the Budget Estimate Absent-Councilman Kintzinger. of Expenditures for the fiscal year beginning January 1, 1957 and end- Mayor Welu stated that this is ing December 31, 1957, presented the regular monthly meeting of and read. No written objections the City Council for the purpose of filed and no objectors present in acting upon such business as may the Council Chamber at the time properly come before the meeting, set for public hearing, Councilman Certificate of Board of Library Schueller moved that the proof of Trustees determining and fixing publication be received and filed. the budget requirements and tax Seconded by Councilman Dave, levies for the ensuing year for the Carried by the following vote: operation and maintenance of li- Yeas-Mayor Welu, Councilmen brary function, presented and read, Dove, Kolb, Schueller. Mayor Welu moved that the certif• Nays-None. icate of levy be received and filed. Absent-Councilman I~intzinger. BUDGET ESTIMATE AND RECCRp CF FILING CITY ESTIMATE NOTICE-The City Councti of Dubuque of Dubuque County, Iowa, will meet August 6, 1956, at 7:30 P.M, at City Hall, Taepayers will be heard for or against the following estimate of expenditures for the year beginning January 1, 19b7 A detailed statement oP receipts and disbursements, both past and anticipated will be available at the hearing. 1t 7/19 LEO F. FROMMELT City Clerk, tiaq 1 2 3 4 b 6 ~Ca E FOR YEARES ~m~~l N7JAq~ mHO~~ ,~,yo"y, • p~ ~I~ H y,..t1~~7w~~n N~"r~'~Gt y i7~ FIINDS ~~y 61~ ~~ ~p~ "pa~~ ro~°g ~~s~ to a. „ ®a"ry " a ~ m w a ~ ~ ~ ~~F N~ ~G p~ a Mw~rt (, ~i, ~~ General ....................................$ 78062,93 168658.36 196524.96 267810.20 60D00.00 87b50A0 130260.20 Street ...................................... 36426.08 335796,60 187073,10 211556,00 6000,00 14340,00 192216,00 Public Safety ,,,,,,,,,,,,,,,,,,,,,,, 46081.96 b74991,28 609705.39 692296.10 1b000,OD 95450,00 581846.10 Sanitation ............................ 23849.37 248039.38 228710,29 687568.60 302350,00 285218,5D Municipal Enterprise ,.,,,. 125855,93 151977.49 188116,64 276b22,00 52472,00 6764fi.00 165405,00 Recreation ............................ 65165.25 204964.91 198469.50 212963.56 6956.66 b4980.00 1b2027,00 Utilities ................................. 903071,02 436842.53 1683637.98 585273A0 60000.00 464298.00 6097b,00 Debt Service .. ..................... 3634612 65493.21 83620.04 242662.60 35000.00 2300,00 205362,60 Trust and Agency ...,.,,.,,,. 81863.07 115310.38 148511.19 19.1250.00 34487,60 2200A0 16D662,60 Street (Road Use Tax) ,,,, 67157,74 176633.83 164126.83 2005D0,00 500,04 200000.00 Liquor profit ...................... 6333.38 55875.85 48000.00 69000,00 54000,00 Parking Meter ) ................ 196093,30 9620,47 17038,87 160950.40 70040A0 90950,00 Parking Lot ) Street (Agr. Land) ,,,,......,. 190,00 190.00 City Assessment Expense 8038,08 11046.21 19745.71 25000.00 300Q00 200.00 21800.00 Totals ......_ ......................$1,682943.72 $2,b56250,00 $3,773280.60 $3,713541,86 $ 331416.06 $1,436263.00 $1,B96862.8U Estimated Taxes per $1,000,00 of assessed value ...................................................................................................................... $35.80 Taxable valuation (1965) ................................................................................................................................................................ $52,679,918. Taxable valuation, agripulture lands (1955) .......................................................................................................................... $ 117,772. Moneys and credits (1955) .............................................................................................................................................................. $1b,136,017. T 316 Regular Session RESOLUTION N0. 165.56 WHEREAS, the Council of the City of Dubuque, caused to be pre- pared and published, as provided by law, the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1957 and end- ing December 31, 1957, and the hearing upon said Budget Estimate was fixed far the 6th day of Aug- ust, 1956, at 7;30 P.M. at the Council Chamber of the City Hall; and WHEREAS, this being the time and place for said hearing, said Budget Estimate was taken up for final consideration by the Council and all parties in interest have been given the opportunity to be heard for or against said Budget Estimate. It Is Therefore Resolved by the City Council for the City of Du- buque, Iowa; That the Budget Estimate of Ex- penditures for the fiscal year be- ginning January 1, 1957 and end- ing December 31, 1957, heretofore prepared and published be and the same is hereby finally approved and adopted and the Mayor and Clerk are directed to certify the same to the County Auditor of Du- buque County, Iowa, together with the verified proof of publication and the notice of hearing upon said Budget Estimate, Be It Further Resolved, that, the taxes required to be collected in the year be and the same are here• by levied in the various funds in the amounts in said Budget Esti- mate. Passed, adopted and approved this 6th day of August, 1956. CLARENCE P. WELU Mayor RAY F. I{OLB LEO N. SCHUELLER CHARLES E: DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor 4'lelu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. i, August 6, 1956 RESOLUTION N0. 16b•56 A Resolution establishing the tax levies for the year 1956, the taxes to be collected in the year 1957 and used for municipal purposes of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that there be and there is hereby levied the taxes for municipal pur- poses for the ensuing year of 1956 of the following number of mills on the dollar of all taxable proper- ty within corporate limits of said City. 2.047 mills for General Fund. 10.8217 mills for Public Safety Fund. 5.3048 mills for Sanitation Fund. 3.5750 mills for Street Fund. 2.8906 mills for Municipal Enter- prise Fund. 2,8277 mills for Recreation. Fund. 1.1341 mills far Utilities Fund. .4055 mills for City Assessment. 3,8195 mills for Debt Service Fund. .8221 mills for Fire Pension Fund. .4813 mills for Fire Retire- ment Fund. .5817 mills for Police Pension Fund, .3639 mills for Police Retirement Fund. .2767 mills for Social Security Fund. .4608 mills for Employees Re- tirement Fund (State). Be It Further Resolved that the 125 mills on the dollar is hereby levied upon all lots or parcels of land containing ten acres or more which are occupied in good faith and used for agricultural or horti- cultural purposes, Be It Further Resolved that the Mayor and Clerk be and they are hereby directed to certify the sums of money that the said tax levies will produce, as shown by the Bud- get Estimate of Expenditar•es, adopted by this Council on the 6th day of August, 1956 to the Auditor of Dubuque County on or before August 15th 1956, Regular Session, August 6, 1956 3I7 Passed, adopted and approved not constitute approval of the dis- this 6th day of August, 1956, charge of untreated sewage or CLARENCE P. WELU wastes into the Mississippi River Mayor' or tributary thereof. RAY F. KOLB The issuance of this permit in no LEO N. SCHUELLER way relieves the responsibility for CHARLES E, DOVE complying with all local, federal, Councilmen and state laws, regulations or Attest; LEO F. FROMMELT other requirements. City Clerk We are retaining one copy of the Councilman Kolb moved the approved plans for our file and adoption of the resolution, Second- returning the other two copies to ed by Councilman Schueller. Car- the city engineer. ried by the following vote; For the Commissioner. Yeas-Mayor Welu, Councilmen Very truly yours Dove, Kolb, Schueller. P, J. Houser, Director Nays-None, Division of Public Health Absent-Councilman Kintzinger, Engineering State Department of Health Councilman Kolb moved that the 'DES MOINES 19 communication be received and Division of filed, Seconded by Councilman Public Health Engineering Dove, Carried by the following Paul J. Houser, M,S. vote: Director. Yeas-Mayor Welu, Councilmen Mr. Leo Frommelt Dove, Kolb, Schueller. City Clerk Nays-None. Dubuque, Iowa Absent-Councilman Kintzinger. Permit No. 56.138.5 Proof of Publication, certified to Catfish Creek Sanitary Sewer by the Publisher, of notice of pub- 8"-1,985' 24"•16,592' lie hearing of a proposed resolu- 12"-15,249' 30"-6,533' tion of necessity, estimate of cost 15"-307' 54'-400 and forms of contract for a public 18'-2,668 improvement of the type and in the Except Lift Station location as follows: Attention of Hon. Mayor CATFISH CREEK SANITARY and Council SEWER: consisting of Main sani- Gentlemen: tart' sewers, sewage pumping sta- In accordance with the provis- tion, force main, and lateral sani- ions of Section 13526 of the Iowa tart' sewers inside and outside the Steam and Lake Pollution Law City Limits connecting Lot 23 of this permit is issued for the project Folk's Subdivision, Hillcrest Lift cited above for which plans have Station, Cherry-Green Lift Station, been received in this: office, This Mineral -Gilliam Lift Station, permit is issued subject to the fol- Coates-Simpson Lift Station, Ply- lowing conditions and require- mouth Street Lift Station, Julien menu: Dubuque Drive Lift Station and the 1, Planning for adequate sewage intervening area within the City Limits with the Mississippi River at treatment facilities will be carried the Sewage Disposal Plant Site and to rapid conclusion so that actual generally following the North Fork.. construction can be started at the of Catfish Creek and Catfish Creek earliest possible date. from Folk's Subdivision to Section 2. The Catfish Creek sanitary 6, Township 88 North, Range 3 sewer will not be used until aeon- East 5 P.M, and thence parallel- tract has been awarded for con- ing the right of way of the Illinois struction of the Dubuque sewage Central Railroad to Lot 3 of frac- treatment plant, tion of Government Lot 1 of Sec- a. Sewer lines and manholes will tion 6 Township 88 North, Range 3 be constructed in accordance with East, 5 P,M., presented and read. your Standard Specifications on file No written objections filed and no in this office. objectors present in the Council 4. The approval of these plans Chamber at the time set for public and the issuance of this permit do .hearing, Councilman Kolb moved 318 Regular Session, August 6, 1956 that the proof of publication be re- ceived and filed. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. RESOLUTION N0. 154.56 Resolution of necessity for con- struction of Catifsh Creek Sani- tary Sewer and prescribing time and place of hearing thereon, WHEREAS, preliminary plans and specifications, estimates of east of construction and forms of contracts have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk for the Catfish Creek Sani• tart'' Sewer consisting of main sani- tary sewers, sewage pumping sta- tion, force main and lateral sani- tary sewers inside and outside the City Limits connecting Lot 23 of Folk's Subdivision, Hillcrest Lift Station, Cherry-Green Lift Station, Mineral -Gilliam Lift Station, Coates-Simpson Lift Station, Ply- mouth Street Lift Station, Julien Dubuque Drive Lift Station and the intervening area within the City Limits with the Mississippi River at the Sewage Disposal Plant site and generally following the north fork of Catfish Creek and Catfish Creek from Folk's Subdi- vision to Section 6, Township 88, North, Range 3, East, 5 PM and thence paralleling the right of way of the Illinois Central Railroad to Lot 3 of Fraction of Government Lot 1 of Section 6, Township 88, North, Range 3, East, 5 PM. Be It Therefore Resolved by the City Council of the City of Du- buque, Iowa; 1, That the City Council deems it advisable and necessary for the public welfare to make said im- provement. 2. Said improvement shall be constructed and done in accord- ance with said plans and specifica• tions and none of the total cost of making said improvement shall be assessed against privately owned property but shall be paid out of the Sanitation Fund and proceeds of General Obligation Bonds to be issued for the purpose. 3. On the 6th day of August 1956, at 7;30, P.M., the City Council will meet in the City Council cham- bers in the City Hall, in the City of Dubuque, Iowa, and hear proper- ty owners and interested parties for and against the improvement, its cost, or the forms of contracts. 4, The City Clerk is hereby au- thorized and directed to cause pub- lic notice of the date, time and place of hearing to be given by. publication once each week for two consecutive weeks the first of which publications shall be not less than fifteen nor more than twenty- five days prior to said hearing. Approved on first reading this 2nd day of July 1956. I move that the foregoing resolu- tion be now considered complete in form for final adoption and that the same be placed on file with the City Clerk for public inspection. RAY F. KOLB Councilman Passed, adopted and approved as proposed this 6th day of August 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES E. DOVE Councilmen ATTEST: Leo F. Frommelt City Clerk Councilman Kolb moved the fi- nal adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Wela, Councilmen Dove, Kolb, Schueller, Nays-None. Absent-Councllman Kintzinger. RESOLUTION N0. 161.56 Resolution Approving Detailed Plans, Specifications, Farms of Contracts and Notice to Bidders, and Directing Advertisement to Bidders. WHEREAS, the City Council of the City of Dubuque, Iowa, h a s heretofore adopted Resolution No. 154-56 being a Resolution of Neces- sity for the Construction of Catfish Creek Sanitary Sewer consisting of main sanitary sewers, sewage pumping station, force main and lateral sanitary sewers inside and outside the City Limits connecting Lot 23 of Folk's Subdivision, Hill- crest Lift Station, Cherry -Green T Regular Session, August 6, 1956 319 Lift Station, Mineral -Gilliam Lift Station, Coates-Simpson Lift Sta- tion, Plymouth Street Lift Station, Julien Dubuque Drive Lift Station and the intervening area within the City Limits with the Mississippi River at the Sewago Disposal Plant site and generally following the north fork of Catfish Creek and Catfish Creek from Folk's Sub- division to Section 6, Township 88, North, Range 3, East, 5 p.m, and thence paralleling the right of way of the Illinois Central Railroad to Lot 3 of fraction of Government Lot 1 of Section 6, Township 88, North, Range 3, East, 5 PM, and, WHEREAS, the City Engineer has submitted and filed with the City Clerk detailed plans and spec- ifications, forms of contracts and notice to bidders for said improve- ment; NOW, THEREFORE, BE IT RE- SOLVED that said plans, specifica- tions, forms of contracts, and no- tice to bidders are hereby approv- ed, and that the City Clerk is here- by authorized and directed to pub- ]ish said notice to bidders, in the manner provided by law, a n c e each week for two consecutive weeks, the first of which publica- tions shall be not less than twelve (12) days before the date set in said notice for receiving bids and that each bidder shall accompany his bid .with a check in the amount of ten par cent (10 per cent). Passed, adopted and approved this 6th day of August, 1956, CLARENCE P. WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT City Glerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote; Yeas--Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays--None. Absent -Councilman Kintzing~ er. Communication of Amer- ican Trust & Savings Bank, Sub- mitting Assignment of Mulgrew Blacktop Incorporated of all mon• ies duo from the City for the in- stallation of Bituminous concrete surface of certain streets known as "1956 Bituminous Concrete Surfac- ing project No. 1," presented and read. Councilman Kolb moved that the Clerk be authorized to sign the acceptance of the assignment and also that the assignment be made a matter of record. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kalb, Schueller, Nays-None, Absent -Councilman Kintzinger ASSIGNMENT Mulgrew Blacktop, Incorporated, Dubuque, Dubuque County, Iowa, for value received hereby sell, as- sign and transfer over unto t h e American Trust & Savings Bank, Dubuque, Dubuque County, Iowa, all monies due from the City of Du- buque, Dubuque County, Iowa, for installing a bituminous concrete surface on the following portions of the fallowing streets, to-wit: 1. Apple street from the south property line of Cleveland Avenue to the north property lino of Rush street. 2. Asbury Street from the west property line of Carter Road to the West corporation limits. 3, Cox street from the north property line of Chestnut street to the South property line of Kirk- wood street. 4. Green street from the east prop- erty line of Bunker Hill street to the west property line of Avoca street, 5, Hoyt street from the north property line of Ungs street to the north end of Hoyt street, 6. Pear sreet from the south property line of Cleveland avenue to the north property line of Rush street. 7. Prescott street from the north east property line of Ascension street to the north east property line of Hamilton. 8. Quince street from the south property line of Cleveland avenue to the north property line of Rush street. 9. St. Mary street from the south property lino of West 3rd to the north property line of Emmett street, 320 Regular Session, August 6, 1956 10, Ungs street from the west property line of Clarke Drive to the east property line of Avoca street. 11. West 8th street from the east property line of Wilson avenue to the east property line of Air Hill street. 12, Woodworth street from the north property line of Lowe 11 street to the south property line of Montcrest, Dated this 31st day of July A.D. 1956. Corporate Seal. MULGREW BLACKTOP, INCORPORATED By -s- Robert J. Mulgrew President By -s- Thomas J. Mulgrew Vice Pres. & Sec'y, County of Dubuque 1 SS State of Iowa On this 31st day of July, 1956, be- fore me a Notary Public of Iowa in and for Dubuque County, appeared Robert J, Mulgrew and Thomas J. Mulgrew to me personally known who, being by me duly sworn, did say that they are the President and Vice President and Secretary re- spectively of Mulgrew Blacktop, Incorporated of Dubuque, Iowa, and that the foregoing instrument was signed in behalf of said com- pany by authority of its board of directors and said officers ac- knowledged said instrument to be the voluntary act and deed of said Company. (Seal) Helen M, Belvek Notary Public in and for said County, Assignment accepted and order- ed placed on file by motion of City Council at meeting held August 6, 1956. I further certify that a copy of the Original Assignment is on file at the office of the City Clerk, City Hall, Dubuque, Iowa. Attest: LEO F. FROMMELT City Clerk Communication of Lange's Insur- ance Agency submitting power of attorney for Theodore R, E 11 s- worth on bonds issued by the Con- tinental Casualty Company pre- sented and read. Councilman Kalb moved that the communication be received and filed. Seconded by Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzinger Communication of Dubuque Safe- ty Council requesting endorsement by the Council relative to the es- tablishment and operation of a spe- cial driving center for traffic vio- lators, presented and read, Coun- Gilman Kolb moved that the com- munication be referred to the City Manager. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent -Councilman Kintzinger Interstate' Power Company 1000 Main Street Dubuque, Iowa, , July 18, 1956 Honorable Mayor and .the City Council Dubuque, Iowa Gentlemen: As you know the management of Interstate Power Company h a s been giving consideration to the re- newal of its bus franchise which expires today, July 18, 1956. You can be assured that Inter- state Power Company will continue good bus service in Dubuque for the time being without a franchise and if there is any change in our plans you will receive ample not- ice. Yours very truly, -s- A, J. Dupont District Manager AJDupont:mmk - cc: Mr. L, J. Schiltz, City Manager Councilman Kolb moved to sus- pend the rules in order that any- one present may address the Coun- cil i£ they so desire, relative to the question on the operation of the busses, Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None, Absent-Concilman I{intzinger, A large delegation of bus drivers was present. Mr, Roland White ad- dressedthe Council stating the fact T Regular Session, August 6, 1956 321 that it is a good thing that the bus and electric service is not separat- ed here in the City. He also refer- red to the inconvenience of many Dubuquers who ride the busses regularly and the threat of unem- ployment among the bus workers, City Solicitor Nelson explained that under the terms of both Fran- chises drawn up in 1946, the In- terstate Power Company w a s bound to continue bus service for the duration of the ten year bus franchise or forfeit their right to the more profitable electric busi- ness. That stipulation, however, became null and void on July 18, 1956 at the time the bus franchise expired, The Interstate Power Company has an unexpired fifteen years on its electric franchise with- out any obligation to also furnish bus service. Hugh Kelly of 1846 Jackson Street, one of the bus drivers, asked the Council h o w long the Interstate Power Co, con- templated running the busses and what the City would do to assure continuous operation. He further stated that ten thousand people ride the busses every day and ap- proximately sixty five jobs are at stake, Walter Kupferschmidt of 2608 Windsor avenue suggested that ear travel be restricted in a so called metropolitan area in or- der to have more people ride the busses if they wish to get into the downtown shopping district, there- by creating mare bus patronage, John Carnaby of 608 Clarke Drive charged that the City was working against the bus company by the acquisition and control of too many parking lots. Mayor Welu moved that the City Manager contact the management of the Interstate Power Company far a meeting in order to give the people something definite as to the future operation of the transporta- tion system, Seconded. by Council- man Schueller, Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger Communication of secre- tary Tschirgi submitting a report of the Financial and Actuarial Val- uation of the Police and Fire Re- tirement Systems, presented and read. Councilman Kolb moved that the report be received and made a matter of record. Seconded by Mayor Welu. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dave, Kolb, Schueller, Nays-None. Absent -Councilman Kintzinger Communication of State Depart- ment of Health issuing permit No. 56.1285 for the construction of 732' of 8" Sewer pipe in Snnnyview Hills Subdivision, presented and read. Mayor Welu moved that the communication be received a n d filed, Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzinger Proof of Publication, certified to by the Publisher, of Statement of Receipts also a list of claims for which warrants were drawn dur- ing the month of June 1956, pre- sented and read. Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kalb, Schueller, Nays-None. Absent -Councilman Kintzinger July 19, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit records of the City Auditor, City Treasurer, City Health Department, and City Wa- ter Works for the month of June as well as list of claims and list of payrolls for which warrants were issued for the month of June, Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kalb moved that the reports be received and filed. Sec- onded by Councilman Dave, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kolb, Schueller, Nays-None, Absent -Councilman Kintzinger 322 Regular Session, August 6, 1956 August 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; I'm attaching an invitation from the American Public Works Asso- ciation for the :City of Dubuque to become a Public Agency member of the American Public Works As- sociation. In view of the fact that the City of Dubuque is now a member of several national organizations, I feel that this time becoming a member of the American Public Works Association would not add to any other services we are now re- ceiving, Both our City Engineer and Street Commissioner are indi- vidual members of the American Public Works Association and re- ceive all the publications and serv- ices that would be useful to the City, Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the' following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzingor August 1, 1956 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: I have a request from .the City Engineer and Street Commissioner to attend the American P u b l i c Works Conference to be held at Fort Worth, Texas, September 23rd through the 26th. Both of these men have attended prior conferences and many of the ideas obtained at these confer- ences have been put into practice in our city. I recommend that Mr, Cullen and Mr. Allen be authorized to at- tend this conference at city ex- pense. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Manager Schiltz be approved, Sec- onned by Councilman Dove. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzingor Aagust 1, 1958 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City of Dubuque has been fortunate in having one of its Pa- trolmen, Robert O'Brien, selected by the Traffic Institute of North- western University to receive a fellowship amounting to $1650,OD, Your body had previously ap- proved of submitting applications for this fellowship by members of our Police Department and I have therefore accepted this fellowship on behalf of the City and Patrol- man, Robert O'Brien. The school will be of n i n e months duration starting Septem- ber 4, 1956, Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Kolb moved that the action of City Manager Schiltz be approved and a letter of congratu- lations be forwarded to officer O'- Brien, Seconded by Mayor Welu. Carried by the following vote: Yeas--Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absont -Councilman Kintzingor August 1, 1956 To the Honorable Mayor, and City Council, Dubuque, Iowa, Gentlemen: I have a request from the Chief of Police for permission to attend the Annual Conference of the Inter- national Association of P o l i c e Chiefs to be held in Chicago from Soptember 10th through September 13th. I recommend that. the Poflce Chief, Hugh Callahan, be authoriz- ed to attend this conference at city expense, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of City Regular Session, August 6, 1956 1323 Manager Schiltz be approved. Sec- onded by Councilman Kolb. Car- ried by the following voter Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzingor August 1, 1956 Tp the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mrs. Lyle Ender and others requesting the installa- tion of stop signs at the corner of Algona and Delaware Streets was xeferred ~to the City Manager for investigation and report, This petition has been investigat- ed by the Police Department and their report indicates this particu- lar intersection does not have a bad accident record nor is the traf- fic on this street sufficient to war- rant the installation of stop signs. In observing this intersection it was found that the main difficulty in this area is the fact that chil- dren are allowed to play in the streets and also ride tricycles and coaster wagons in the street. This practice has been the cause of some minor accidents in the past, however, the erection of a stop sign would not eliminate this haz- ard, The Police Department recom- mends that the petition be denied and I concur in this recommenda- tion. Respectfully submitted, L. J. SCHILTZ, City. Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzingor August 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A request has been made for the installation of a street light in the vicinity of an alley east of Alt- hauser and Morz Streets. There are three xesidences that front of Riverview Street, however, t h e only access to their property is through the alley off of Merz Street. I recommend that a street light be placed in the vicinity of t h e alley botween Althauser and Riv- erview Stxeets on Merz Street, Respectfully submitted, L, J, SCHILTZ, City .Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Caxried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kolb, Schueller. Nays-None. Absent -Councilman Kintzingor August 3, 1956 To the Honorable Mayox and City Council, Dubuque, Iowa, Gentlemen; I have been unable to nego-tiate for easements through property owned by William and Ethel Jenni and Thomas S. and Eleanor M, Smith for the construction of an interceptor sanitary sewer, I have offered Mr. Smith $250,00 plus a sewer connection to his house and he is asking $1,338,00. Mr, Jenni has been offered $1..00 per rod plus $50.00 per acre for feed loss for one year on 4'/z acres of pasture or a total of $525.00. Mr. Jenni is asking $fi,Z00.00 for the easements. These easements are necessary in order to construct the sewer and I recommend that the City Council authorize proper proceedings be initiated to acquire the pxoperty, Respectfully submitted, L, J. SCHILTZ, City Manager. Mayor Welu moved that the rec- ommendation of City Manager Schiltz be approved and the com- munication be referred to the City Solicitor. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent - Councilman Kintzingor 324 Regular Session, August 6, 1956 August 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Mrs, John Mey- ers and others relative to the erec- tion of school warning signs at West 3rd and Nevada Streets was referred to the City Manager for investigation and report. I have ;had the Police Depart- ment investigate this petition and their report shows that there is a large number of students attending Lincoln and Nativity schools that use this crossing. I have directed that school chil- dren crossing signs be placed at this intersection which signs will. govern the east and westbound traffic on West 3rd Street. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kalb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger August 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have conferred with Mr. Eu- gene Lang of Laramore and Doug- lass regarding a restudy of gas rates as you have directed. Mr. Lang is of the opinion that. a supplemental report to the re- port of May, 1955, could be made by bringing it up to date. The 1955 report was supplemental to t h e June 1954 report when natural gas rates were first investigated. The cost of this study will be an an hourly basis plus travel a n d miscellaneous expense as charged for. past work. The total cost should not exceed $150D.00. Very truly yours, L. J. SCHILTZ, City Manager. Mayor Welu moved that t h e firm of Laramore and Douglass be instructed to work out the report. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent -Councilman Kintzinger Printed Council proceedings for the month of April 1956 presented for approval. Councilman Schueller moved that the proceedings be ap- proved as printed, Seconded by Councilman Kalb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzinger August 6, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and pol- icies and desire to have your ap- proval on same for filing, subject to the approval of the City Solicitor: SIDE4WALK C, L: Haase d-b-a Haase Building Contractor, Continontal Casualty Co. Frank E. Miller, Columbia Casual- ty Co, HEATING Waterbury-Dubuque Co., Inc;, The Travelers Indemnity Co. Alex Kollar, Western Sureity Co. Joseph M. Powers, American Sure- ty Co. Eisbach & Ressler d-b-a- The Eis- bach Co., Columbia Casualty Co. Delbert J, Howe d-b-a- Howe's Gas Installation, Western Surety Co. William Ohnesorge, National Sure- ty Co, Modern Heating Company, The Travelers Indemnity Co, Linder Co, of New London, Iowa, Employers Mutual Casualty Co. Henschel Roofing & Sheet Metal Co., Hawkeye-Security Ins, Co. EXCAVATION George h Beaver, Continental Cas- ualty Co. PERFORMANCE Clarence J. Arlen and Dolores Ar- len, Universal Surety Co. Respectfully submitted, L. J. SCHILTZ, City Manager T Regular Session, August 6, 1956 325 Councilman Schueller moved that the bonds and policies be filed sub- ject to the approval of the City Solicitor, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger. July 27, 1956 IIon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen; I have investigated the claim of Edgar I. Massey for damages claimed to have been sustained May 9, 1956 when his car struck several large holes in the street at the intersection of Davis and Sheri- dan and find that the damages were sustained as claimed and amounted to $51.25. I therefore recommend that the claim be allowed in the amount of $51.25 and the Auditor instructed to issue a warrant payable to Ed- gar I. Massey far said amount and deliver the same upon execution and delivery of a satisfactory re- lease. Sincerely, -s-T. H. NELSON cc to Mr, Edgar I. Massey, 706 Hennepin Street, Dubuque, Iowa. Councilman Dove moved that the recommendation of the City Solici- tor be approved, and the Auditor instructed to draw a warrant in the amount of $51.25 payable to Edgar I. Massey. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger, July 18, 1956 Hon. Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: The claim of Elmer Sisler far a fall on an icy crosswalk January 9, 1956 was referred to this office for investigation and report. I have investigated this matter and find that the claimant did fall as al- leged and sustained a fractured ankle, causing substantial loss of time and medical expense. I have discussed the matter with Mr, William C. Fuerste, attorney for the claimant and he has agreed to accept fifteen hundred dollars in full settlement, In my opinion this amount is reasonable and just and I recommend that the claim be al- lowed in the amount of fifteen hundred dollars, Mr. Sisler was covered by Work- men's Compensation and his em- ployer's carrier, the Fidelity & Casualty Company of New York, paid out $160 to Mr. Sisler, for which they are entitled to be re- imbursed under the laws of subro- gation, I recommend that the Auditor be instructed to issue a warrant pay- able to Elmer Sisler and Clewell, Cooney and Fuerste, his attorneys, and attorneys for the Fidelity & Casualty Company of New Yorlr, and deliver the same upon receipt of a properly executed release. Respectfully, T. H. NELSON cc to Atty, Wm. C. Fuerste Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved and the Audi- tor instructed to draw a warrant in the amount of $1500. payable to Elmer Sisler and Cleweli, Cooney and Fuerste, his attorneys, and at- torneys for the Fidelity & Cas- ualty Company of New Yorlc and deliver the same upon receipt of a properly executed release, Second- ed by Mayor Welu, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. Notice of claim of Robert W. Leonard of 540 English Lane in the amount of $20.00 for damage to his car being sprayed with tar dur- ing the process of the street be- ing tarred by the Street Depart- ment on July 21, 1956, presented and read, Councilman Kolb moved that the claim be referred to the City Solicitor for investigation and 326 Regular 3~ession, August 6, 1956 report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. Ntitice of claim of Dorothy Cady by her father and next friend Al- bert Cady of 720 Cottage Place in the amount of $3500. for personal injuries received as the result of a fall from her bicycle at the inter- section of Merfeld Lane and Bunk- er Hill Road on June 27, 1956, pre- sented and read. Councilman Kolb moved that the claim be referred to the City Solicitor for investiga- tion and report, Seconded by Coun- cilman Schueller. Carried by the following vote: Peas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent=Councilman Kintzinger. Petition of Mrs, Margaret Krem~ er of 1209 Vernon street requesting permission to construct a five foot retaining wall on the Glen Oak street side of her property, pre• sented and read. Councilman Schueller moved that the petition be granted and the petition be referred to the City .Solicitor to have proper proceedings drawn. Soeouded by Mayor Welu, Carried the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolli, Schueller, Nays-None. Absent-Councilman Kintzinger. Petition of Amvet Auxiliary Post No, 3 for permission to hold their annual. White Clover Tag Day on Saturday August 11, 1956, present- ed and read, Councilman Kolb moved that the petition be granted providing there are no conflicting dates, Seconded by Councilman Schueller, Carried by the following vote: Y-eas--Mayor W'elu, Councilmen Dove, Kolb, Schueller. Nays--None. Absent~Counciiman Kintzinger. Petition of Mr. & Mrs. John Haber of 1601 W. 3rd Street re- questing vacation and deed to the unused portion of the alley direct- ly behind their lots in Finley Home Addition presented and read. Coun- cilman Kolb moved that the peti- tion be referred to the Planning and Zoning Commission, Seconded. by Mayor Welu. Carried by the following vote: Yeas--Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent-Councilman Kintzinger. Petition of Fischer Investment Co. requesting permission to exca- vate in the streets and sidewalks of the City, presented and read. May- or Welu moved that the petition be granted providing an approved policy is furnished the City. Sec- onded by Councilman Kalb, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger, Petition of Ralph II. Mueller et al requesting. installation of a sani- tary sewer to serve lots 1 to 21 in Glenview Subdivision, presented and read. Mayor Welu moved that the petition be referred to the En- gineering Department to have pro- per plat and schedule prepared. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None, Absent-Councilman Kintzinger. Petition of Ray A. Arduser et al requesting installation of a sani- tary sewer in the area of Fox and Blackhawk Drive and Rockdale Road, presented and read. Council- man Schueller moved that the pe- tition be referred to the Engineer- ing Department to have proper plat and schedule prepared. Sec- ended by Councilman Dove. Car• ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kalb, Schueller, Nays-None. Absent-Councilman Kintzinger. Petition of J. Ray O'Brien, re- questing arefund on his Class "B" beer permit No. 127, in the amount of $50.00, as he has discontinued business as of August 6, 1956, pre- sented and read. Councilman Kolb moved that the petition be granted and the Auditor instructed to draw a warrant in the amount of $50.00 payable to J, Ray O'Brien, for the unused portion of his beer permit No. 127, T Rogular Sessiuri, August 6, 1956 327 Potation of J. Ray O'Brien re- questing arefund on his cigarette license No. 283, in the amount of $75.00, as he has discontinued busi- ness as of August 6, 1956, present- ed and read. Councilman Kolb moved that the petition be granted and the Auditor instructed to draw a warrant in the amount of $75.00, payable to J. Rqy O'Brien, for the unused portion of his cigarette li- cense No. 283, Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yea's-Mayor Welu, Councilmen Drive, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger. Petition of Kennetb Goetzinger requesting a refund on his cigar ette license No. 149 in the amount of $75.00, as he has discontinued business as of August 4, 1956, pre- sented and read, Councilman Kolb moved that the petition be granted and the Auditor instructed to draw a warrant in the amount of $75,00, payable to I{enneth Goetzinger, for the unused portion of his cigarette license No. 149. Seconded Ily Coun- cilman Schueller, Carried by the following vote: 'Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays done. Absent~Councilinan Kintzinger. Petition of Spencer P. Wright, requesting a refund on his class "B" beer permit No. 134, in the amount of $50.00, as he has dis- continued business as of July 31, 1956, presented and read. Council- man Kolb moved that the petition be granted and the Auditor in- structed to draw a warrant an the amount of $50.00, payable to Spen- cer P, Wright, for the unused por- tion of his class "B" beer permit No. 184. Seconded by Councllman SchueIler. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller: Nays-None. Absent-Councilman Kintzinger, Petition of Spencer P. Wright, requesting a refund in the amount of $75.00 on his cigarette license No. 282, as he has discontinued business as of July 31, 1956, pre- sented and read. Councilman Kolb moved that the petition be grant- ed and the Auditor instructed to draw a warrant an the amount of $75:00, payablee to Spencer P. Wright, for the unused portion of his cigarette license No. 282. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb; Schueller, Nays-None, Absent-Councilman Iintzinger, Petition of Estes Inc., owners of property located at 305 W. 16th street, requesting said property to be zoned into a multiple family district classification, presented and read. Councilman Schueller moved that the petition be referred to the Plan- ning & Zoning Commission. Second- ed by Councilman Dove. Carried by the following Vote: Yeas-Mayor Welu, Councilmen' Dove, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger, Petition of Dubuque Packing Company requesting vacation of the northerly thirty-two feet of E. 18th street from the east line (ex- tended) of the alley first east of Maple street westerly to the east line (extended) of Maple street; that portion of said alley lying northerly of the north line of E. 18th street; and the northerly 32 ft. of Maple street to the north line of E. 18th street (extended) subject to all existing rights of C. M. St. P. Railway Company all in East Du- buque Addition No, 2 and request- ing conveyance of same to the Du- buque Packing Company, present- ed and read, Mayor Welu moved that the petition be referred to the Planning & Zoning Commission, Seconded by Councilman Dove. Carried by the following Vote: Yeas-Mayor Welu, Councilmen Dove, Kalb, Schueller. Nays-None. Absent-Councilman Kintzinger. ORDINANCE N0. 36.55 An Ordinance Amending Ordin- ante No. 33.49, known as the Traf- fat Code, by adding a new Section g to Schedule VIT thereof, pre- sented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance, Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger, 328. Regular Session, August 6, 1956 Councilman Kalb moved that the rules be suspended requiring an Ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. -_. ORDINANCE N0, 38.56 An Ordinance Amending Ordinance No. 33-49, known as the Traffic Code, by adding a new Section g to Schedule ViI thereof. Be It Ordained By The City Coun- nil Of The City of Dubuque: Scotian 1. That Ordinance No. 33.49, known as the Traffic Code of the City of Dubuque be and the same is here- by amended by adding a nets Sec- tion "g" to Schedule VII thereof as 4ollows: , g-On the west side of Pine Street between Eighteenth and Nineteenth Streets." Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as Uy law provided. Introduced the 6th day of August, 195x. Rule requiring reading on three sep- arate days suspended by unanimous vote the 6th day of August, 1956. Passed, adopted and approved this 6th day of August, 1956. CLARENCE P. ~irELU, Mayor "'"~ RAY F. KOLB LEO N. SCHUELLER CHARLES E, DOVE, Councilmen Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herold Newspaper the 10th day of August 1956. LEO F. FROMMELT lt. 8/10 City Clerk Councilman Kolb moved the adoption of the Ordinance. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. ORDlNARdCE id®, 39-56 An Ordinance Amending Ordin- ance No, 37-56 by repealing Sec- tion 1 thereof and Enacting a Sub- stitute therefor to correct the Des- cription of the property intended to be annexed to the City of Bu- buque, presented and read, Councilman I{olb moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger, Councilman Kalb moved that the rules be suspended requiring an Ordinance to be read on three sep• orate days. Seconded by Council• man Schueller, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger, ORDINANCE N0. 39.56 An Ordinance Amending Ordinance No. 37-56 by Repealing Section 1 thereof and Enacting a Substitute Therefore to Correct the Descrip- tion of the Property Intended to Be Annexed to the City of Du- buque. Whereas, on July 16, 1956, the City of Dubuque enacted Ordinance No, 37-56 annexing to the City of Du- buque the property described in Sec- tion 1 thereof; and Whereas, it appears to the City Council that through clerical error the property described in said Sea lion 1 included all of Lot 2 of Lot 1 of Lnt 1 of Lot 1 of George Jecklin Farm, although it was the meaning and in- tent of the petitioners and the City Council that only Lot 1 oP Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm be included in said annexation; Now therefore, be it ordained by the City Council of the City of Du- buque: Section 1. That Ordinance No. 37- 56 be and the same is hereby amend- ed by repealing Section 1 thereof and' enacting the following in lieu there. of: "Section 1: That the City Council of the City of Dubuque does hereby assent to the annexation of the fol- lowing described property in Dubuque County, Iowa; The westerly 5'0 feet of Lot 2 of Lot 2 of Lot 1 of R. W. Baker's Subdivision; Lot 2 of Addie's Place; Lot 2 of Lot 1 of Metcalf's Sub- division; Lot 2 oP Lot 2 of Lot 2 of Met- calf's Subdivision; Lot 1 of Lot 2 of Lot 1 of Lot 1 ' oP Lot 1 of George Jecklin Farm, to the City of Dubuque, Iowa;" Section 2. That the City Clerk be and he is hereby authorized and di- rected to make and certify a tran- script of this ordinance and file the. same in the office of the County Re- corder of Dubuque County, Iowa, and the Secretary of State. Passed on first reading August 6th, 1956. Rule requiring reading on three separate days suspended by unani- mous vote August 6th, 1956. Passed and recorded by roll call vote and adopted and approved August 6th, 1956. CLARENCE P. WELU, Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES E, DOVE Councilmen Attest: Leo F, Frommelt City Clerk Published in The Telegraph-Herald, August 10th, 1966. LEO F. FROMMELT, It 8.10 City Clerk Regular Session, August 6, 1956 329 Councilman Kolb moved t h e adoption of the Ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None, Absent-Councilman Kintzinger, July 27, 1956 Councilman Kolb moved that the rules be suspended requiring an Ordinance to be read on three sep- arate days. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent-Councilman Kintzinger. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In connection with the extension of City Limits westerly to include the area owned by Mr. Peter J. Seippel, Mr, Merlin P. Kluck and Mr. George Jecklin, the Planning Rc Zoning Commission recommends that this area described as Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of George Jecklin Farm in Section 27 and Lot 2 of Lot 2 of Lot 2 Met- calf's Subdivisin in Section 34, Township 39 North, Range 2 East of 5th P.M, being in Dubuque Township, Dubuque County, Iowa, now in the City of Dubuque, Iowa, be zoned to Single Family Resi- de~ce Classification, Respectfully submitted, Dubuque Planning & Zoning Commission By R, V. McKAY, Secretary Mayor Welu moved that the re- commendation of the Planning & Zoning Commission be approved, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent-Councilman Kintzinger. ORDINANCE N0, 40.56 An Ordinance Authorizing Ed. Turnquist Company Inc, to Con- struct aCanopy over the public sidewalk, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent-Councilman Kintzinger. ORDINANCE N0. 40.56 An Ordinance Authorizing Ed Turn- quist Company, Inc. to Construct a Canopy over the Public Sidewalk. Be it ordained by the City Council of the City of Dubuque: Section 1. That Ed Turnquist Com- pony, Inc., he and it is hereby grant- ed the right and authority to construct. and maintain a canopy over the public sidewalk in front of the building known as 1256 Central Avenue, in ac- cordance with plans approved by the City Manager, 8 feet deep and 24 feet in ]ength, securely anchored to the building, with suPPicient strength to hold not less than eight men; Section 2, That such construction shall he done under the supervision and direction of the Building Com- missioner and the City Manager oP the City .if Duhuque and in accordance with all applicable State and Federal Laws and regu]ations and the Ordin- ances of the City of Dubuque; Section 3,, That the permission here- in granted is expressly conditioned upon the .petitioner's agreement that no portion of the building will be used for dwelling purposes and in the event any portion of the bui]ding known as 1256 Central Avenue is used for a dwelling the permissicn herein grant- ed shall immediately cease and ter- minate; Section 4. As a further considera- tion of the rights and privileges here- in granted, Ed Turnduist Company, ]3m. its euccessors and assigns, as- sume any and all liability Por dam- ages to person or property which may result from the construction or main- tenance of said canopy. Said appli- oant, its successors and assigns, at its own expense, agrees to pay on behalf oP the City oP Dubuque all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed on the City of Dubuque far damages of any kind resulting in the emtstruc- tion or maintenance of said canopy, sustained by any person or persons, caused by accident or otherwise. Said applicarnt shall defend, at its own expense, and on behalf of said City, any claim against said City arising out of the construction om mainten- ance of said canopy; Scotian 5, Should the rights and privileges herein granted be rescind- ed or revolted, Ed Turnquist Com- pany, Inc, its successors or as- signs shall, within thirty (30) days after receipt of written notice from the City Manager so to do, at its awn evpense, remove said canopy and in the event of its failure so to do the City of Dubuque shall be authorized to remove said canopy at applicant's expense, assess the casts thereof agairvst the premisee and destroy the canopy, and neither ap- plican~t nor the owners of the prem- ises shall have any claim against ~' 330 Regular Session, August 6, 1956 said f;ity, ur its agents, Yor dam- I ages resulting from the removal of said canopy. Section 6. This Ordinance shall be- come eYPeetiye and the rights here- under shall accrue to Ed Turnquist Company; Inc., when this ordinance has been adopted by the City Coun- cil and accepted by the applicant and the owners f the premises by acceptance endorsed on this Ordi- nance. Section 7. This Ordinance shall be in full force and effect from and aftEr its final passage, adoption and publication as by law provided. Introduced the 6th day of August, 1956. Rule requiring reading on three separate days cusp©nded by unani- moos rota the 6th day of August, 1968, Passed, adopted and approved this 6th day of August 1956. CLARENCE P. 6VELU, Mayor RAY P. KOLB LEO N. SCHUH7LT,ER CHARLES E. DOVE Councilmen Attest: Leo F. Frommelt City Clerk. Published officially in the Tele- grap~ Herald Newspaper Phis 10th day of tlugust 1956, LEO F. FROMMELT 1 t. 3-10 City Clerk Acceptance Of .ordinance No. 40.56 Ed Turnquist Company, Inc. and Ruth M, Kleih the owner of the premises, having full knowledge and understanding of the terms and eon- ditians of Ordinance No. 40-56 here- by accept the same as adopted and agree to comply with all the terms and conditions thereof, and grant upto iho City of pubuque all of the prlvileg~es and rights in said Orfli- nance contained. ED TURNQUIST COMPANY, INC., Applicant By Ed Turnquist Its Pres. 1t. 8-10 Ruth M. Kleih, Otiyner. Councilman Kolb moved t h e adoption of the Ordinance, Second- ed by Councilman Schueller. Car• vied by the following vote, Yeas-Mayor Welu; Councilmen Dave, Kolb, Schueller. Nays-None, Absent-Councilman Kintzinger. August 2, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching plats and war- ranty deeds for two parcels of property located off Woodlawn Street in Highland Park, These parcels of property are needed to extend Lindale Street to Carter Road, which is desirable to circu- late traffic in this area. I recommend that the city ac- eept these deeds and the lots be dedicated as a public street. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb,. Schueller. Nays-None, Absent-Councilman Kintzinger, RESOLUTION Na, 168.56 Whereas Edgar F. Theisen and Susan J. Theisen, as owners of Lot 2 of Lot 2 of Lat 30 in Highland Park in the City of Dubuque, Dubuque County, Iowa, have tendered to the City of Du- buque their Warranty Deed con- veying said real estate for street purposes; and Whereas the City Council is of the opinion that it is in the bast interests of the City that said Deed be acceped and the property used as an extension of Lindale Street; Now Therefore, Be It Resolved By The City C.ouncll Of The City Of Dubuque, Iowan Section 1. That the Warranty Deed of Edgar F. Theisen and Susan J. Theisen conveying Lot 2 of Lot 2 of Lot .3.0 in High- land Park in the City of Dubuque, Dubuque County, Iowa to the City of Dubuque, Iowa, be and the samq is hereby accepted for street purposes and that the same be and is hereby established as a public street to 'be hereafter known as Lindale Street, Passed, adopted and approved this 6th day of August A.D. 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N, SCHUELLER CHARLES E. DOVE Councilmen Attest: Leo F. Frommelt City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kalb, Schueller, Nays-None, Absent-Councilman Kintzinger. RESOLUTION N0. 169.86 Whereas Edgar W, Theisen and Mary I, Theisen as owners of Lot 2 of Lot 2 .of Lot 29 in High- land Park in the City of Dubuque, Dubuque County, Xowa. T Regular Session, August 6, 1956 331 have tendered to the City of Du- buque their Warranty Deed con- veying said real estate for street purposes; and Whereas the City Council is of the opinion that it is in the best interests of the City that said Deed be accepted and the property used as an extension of Lindale Street; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQU, IOWA: Section 1. That the Warranty Deed of Edgar W. Theisen and Mary I. Theisen conveying Lot 2 of Lat 2 of Lot 29 in High- land Park in the City of Dubuque, Dubuque County, Iowa, to the City of Dubuque, Iowa, be and the same is hereby accepted for street purposes and that t h e same be and hereby is established as a public street to be hereafter known as Lindale Street. Passed, adopted and approved this 6th day of August, A, D. 1956, CLARENCE P, WELD Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the Ordinance. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger RESOLUTION N0. 17D-56 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the .provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City, Name Address Edward J. Lyons, 576 Central Avenue, Mrs. Lucille McArdle, 2093 Washington Street. BE IT FURTHER RESOLVED that the bonds filed with the ap- plications be approved. Passed, adopted and approved this 6th day of August, 1956.. CLARENCE P. WELU Mayor RAY F, KOLB LEO N, SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger RESOLUTION N0. 171.56 WHEREAS, applications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be grant- ed and licenses are to be issued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Name Address Mrs,. Lucille McArdle, 2093 Washington Street, John L, Savory and Viola Sav- ory, 827 Dodge Street, Justin L; Johanningmeier, 1879• 1881 Central Avenue. Edward J. Lyons, 576. Central Avenue. Mrs, Josephine Nicks, 103 East 22nd Street. Dubuque Sports Bowl, Inc,, City Island, Carl E. Meyer, 1828 C e n t r a l Avenue, CLASS °C" PERMIT Harold 0, Specht, 3003 Asbury Street, Passed, adopted and approved this 6th day of August, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk 332 P~egular Session, August 6, 1956 Councilman K o 1 b moved the ed by Councilman Schueller. Car- adopticn of the resolution. Second- ried by the following vote: ed by Councilman Schueller. Car- Yeas-Mayor Welu, Councilmen ried by the following vote; Dove, Kolb, Schueller, Yeas-Mayor Welu, Councilmen Nays -None. Dove, Kolb, Schueller. Absent -Councilman Kintzinger Nays-None. August 6, 1956 Absent - Councilman Kintzinger To the Honorable Mayor RESOLUTION N0, 172.56 and City Council WHEREAS, heretofore applica- Dubuque, Iowa. Gentlemen; tions for Beer Permits were filed I am herewith submitting t h e by the within named applicants Ninth Street Improvement project and they have received the approv- including street construction side- al of this Council; and , walks and parking lots. This proj- WHEREAS, the premises to be ect has been reviewed by you r occupied by such applicants have body and you have given authority been inspected and found to com- to proceed with plans. ply with the ordinances of this This project will be part of our City and they have filed proper program recommended by o u r bonds; NOW, THEREFORE, traffic consultants and will be us- BE IT RESOLVED. by the City ed for west bound traffic and also Council of the City of Dubuque that provide 70 parking spaces off the the Manager be and he is directed street, The improvement is in the to issue to the following named ap- city master plan and has received plicants a Beer Permit, the endorsement of most all civic CLASS "B" PERMIT groups, I recommend that this project Name Address receive your approval and t h a t Mrs, Lucille McArdle, 2093 bids be received for construction Washington Street. . Respectfully submitted John L. Savory and Viola Sav- , L, J. SCHILTZ, ary, 827 Dodge Street, City Manager, Justin L. Johanningmeier, 1879- 1881 Central Avenue Councilman Kolb moved that the , Edward J. Lyons, 576 Central recommendation of City Manager Schiltz be approved Seconded by Avenue. Mrs, Josephine Nicks 103 East . Councilman Schueller. Carried by , 22nd Street the fallowing vote; , Dubuque Sports Bowl Inc. City Yeas-Mayor Welu, Councilmen , , Island, Dove, Kolb, Schueller, Carl E. Meyer, 1828 Central Nays-None, Absent-Councilman Kintzin Avenue. ger .CLASS "C" PERMIT RESOLUTION N0. 173.56 Preliminary approval of plans Harold 0. Specht, 3003 Asbury , specifications, form of contract Street, and all other documents for BE IT FURTHER RESOLVED NINTH STREET DEVELOP- that the bonds filed by such appli- MENT consisting of widening and cants be and the same are here- surfacing Ninth Street from Bluff by approved. Street to University Avenue, to Passed, adopted and approved provide additional parking facili- this 6th day of August, 1956, ties, widening and surfacing the in- CLARENCE P, WELU tersectian of Hill Street, N i n t h Mayor Street, Eighth Avenue and Univer- RAY F, KOLB sity Avenue, and the construction LEO N. SCHUELLER of off-street parking facilities on CHARLES E, DOVE City owned property along Ninth Councilmen Street, at an estimated cost of Attest; LEO F FROMMELT $93,637.94, presented and read, . City Clerk Mayor Welu moved that the reso- lution be adopted, Seconded by Councilman Kolb moved the Councilman Schueller, Carried by adoption of the resolution, Second- , the following vote: T Regular Session, August G, 1956 Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent -Councilman Kintzinger RESOLUTION N0, 174.56 Whereas, the City Council of the City of Dubuque, Iowa, has by Res- olution No. 173-56, given its pre- liminary approval to the proposed plans, specifications, form of con- tract and estimate of cost, and placed the same on file in the of- fice of the City Clerk far public in• spection, for the improvement of Ninth Street Development, consist- ing of widening and surfacing Ninth Street from Bluff .Street tc University Avenue, to provide ad- ditional parking facilities, widen- ing and surfacing the intersection of Hill Street, Ninth Street, Eighth Avenue, and University A v e n u e, and the construction of off -street parking facilities on City owned property along Ninth Street, Be it Therefore Resolved that on the 20th day of August 1956, a public hearing will be held at 7:30 o'clock P,M. in the Council Cham- bers in the City Hall in the City of Dubuque, at which time and place all interested parties may appear and be heard; and the City Clerk is hereby directed to publish notice of time and place of such hearing not less than 10 days prior. to said hearing in the manner pro- vided by law. Be It Further Resolved that the City Clerk be and he is hereby or- dered and directed to advertise for proposals for the construction of the various sections of the im- provement by publication in the Telegraph Herald at least 10 days prior to August 20,th, 1956. Passed, adopted and approved this 6th day of August, 1956, CLARENCE P, WELD Mayor RAY F. KOLB LEO N.SCHUELLER CHARLES E, DOVE Councilmen Councilman Schueller m o v e d the adoption of the resolution. Sec- onded by Councilman Kolb, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger 333 August 6, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that the attached Ordinance be set up for a public hearing on August 20th, 1956, to enable any interested party to voice their opinion, This ordinance is one setting up a monthly fee for the inspection of milk shipped into dairies supply- ing milk for the City of Dubuque. Respectfully submitted, L. J, SCHILTZ, City Manager, Councilman Kolb moved that the recommendation of City Man- ager Schiltz be approved, Second- ed by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None. Absent -Councilman Kintzinger ORDINANCE N0. 41.56 An Ordinance Amending Ordi• nonce No. 7.41 by adding a new Section thereto to provide for the payment of permit fees, presented and read, Councilman Kolb moved that the reading just had be considered the first reading of the Ordinance. Sec- onded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller. Nays-None, Absent -Councilman Kintzinger Councilman Kalb moved that the rule requiring reading of an Ordi- nance on three separate days be waived, Seconded by Councilman Schueller, Carried by -the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb. Schueller. Nays-None. Absent -Councilman Kintzinger Councilman Kolb moved that a public hearing be held on the Ordi- nance on August 20, 1956, 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 prescribed by law, Sec- 334 Regular Session, August G, 1956 onded by Councilman Schueller. Carried by -the following vote: Yeas-Mayor Welu, Councilmen Dove, Kolb, Schueller, Nays-None, Absent -Councilman Kintzinger There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kolb, Schueller. Nays-None. Absent -Councilman Kintzinger LEO F. FROMMELT City Clerk Approved ...........:....................1956 Adopted ....................................1956 Councilmen ......................... ....... Attest ................................................ City Clerk Special Session, August 20, 1956 335 (Official) Special Session, August 20, 1956. Present-Mayor Welu, Council- men Dove, Kintzinger, K o 1 b, Schueller. City Manager Schiltz. Meeting called by order of Mayor Welu. Mayor Welu read the call and stated that service thereof h a d been duly made and that this meet- ing is called for the purpose of conducting a public hearing to con- sider aproposed resolution for the construction of a proposed public improvement consisting of the wi- dening and surfacing of N i n t h street from Bluff street to Univer- sity avenue to provide additional parking facilities, widening and surfacing the intersection of Hil] street, Ninth street, Eighth avenue and University avenue, and the con• struction of off-street parking facil- ities on Citp owned property along Ninth street, together with plans, specifications, forms of contract and estimate of cost, and acting on any other business as may properly came before a regular meeting of the City Council, Proof of publication, certified to by the Publisher, of notice of pub• lic hearing to consider a proposed resolution for the construction of a proposed public improvement con- sisting of the widening and surfac- ing of Ninth street from B l u f f street to University avenue to pro- vide additional parking facilities, widening and surfacing the inter section of Hill street, Ninth street, Eighth avenue and University ave- nue, and the construction of off- street parking facilities on City owned property along Ninth street, together with plans, specification, form of contract and estimate of cost, presented and read. No writ- ten objections filed and no objec- tors present in the Council Cham- ber at the time set for public hearings, Councilman Kolb moved that the proof of publication be received and filed, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None, (Decision of Council upon ob• jections to plans, specifications, form of contract and cost of im• provements. RESOLUTION NO. 178.96 WHEREAS, proposed plans and specifications and form of contract for the Ninth Street Development, consisting of widening and surfac- ing Ninth street from Bluff street to University Avenue, to provide additional parking facilities, widen- ing and surfacing the intersection of Hill street, Ninth street, Eighth Avenue, and University Avenue, and the construction of off-street parking facilities on City owned property along Ninth Street have been approved by the City Council of the City of Dubuque and public notice given as provided by Chap- ter 23 of the Cade of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fix- ed for the hearing of all objections to said plans, specifications or con- tracts for or cost of such improve- ments, said time being this 20th day of August, 1956; and Whereas, the Cilty Council met in special session this 20th day of August, 1956, at 7;30 o'clock p.m. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the pro- posed plans, specifications or con- tract for or cost of the improve- ment herein described and propos- ed to be made; and WHEREAS; all interested par- ties have been given an opportun- ity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore BE IT RESOLVED by the. City Council of the City of Dubuque, that all objections which have been made and filed to bhe plans, specifications, contract for or cost of said improvement herein de- scribed and proposed to be made, be and the same are hereby 336 Special Session, August 20, 1956 overruled and -such plans, specifi- cations and form of contract here• tofore approved are hereby adopt- ed. The Improvement ordered con- e structed and cost paid for out of the Parking Meter Fund and the street fund, BE IT FURTHER RESOLVED that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form ~ of contract for or cost of said im- provement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 20th day of August, 1956. CLARENCE P. WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kalb moved that the resolution be adopted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. August 20, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen, Pursuant to your instructions sealed bids were received up to 10:00 a.m. on August 20, 1956 for the construction of the 9th Street Development. Attached are the tabulation sheets. Alternate bids were received as follows: Bid Section i & 5 -Combination curb and gutter with Hot Mix - Hot Laid Asphaltic Concrete sur- facing and a 10" rolled stone base for the surfacing of 9th Street. Bid Section No. 2 - Class I con- crete pavement integral with curb for the surfacing of 9th Street. Bid Section No. 3 - 6" plain concrete surfacing for parking lot areas. Bid Section No, 4 -Hot Mix - Hot Laid Asphaltic Concrete sur- facing with 6" rolled stone base for parking lot areas, In checking the alternate bids I recommend for -the best interest of the city that the contract be awarded on Bid Section No. 2 and 4. Bid Section No, 2 contract be awarded to Schueller & Company, Bid Section No. 4 contract be awarded to Mulgrew Blacktop In- corporated who submitted the low- est bid on the parking areas, The concrete surfacing in Bid Section No. 2 is $7139,80 higher than Bid Sections No, 1 and 5 which is Asphaltic Surfacing, but due to excessive grade, calculated amount of traffic to be using 9th Street, and the fact that we are placing a new street on n e w l y graded surface, it is felt that it would be to the best interest of the City of Dubuque to use our Class I Concrete surfacing integral with curb. Awarding the contract for com- bination of Bid Section No. 2 (Con- crete surfacing integral with curb) for 9th Street paving and Bid Sec- tion No. 4 (3" thiclt Asphaltic Con- crete surfacing with 6" rolled stone base) for parking lots, the bids submitted would be 17.97 per cent under the engineer's estimate. Respectfully submitted, L. J. SCHILTZ, City Manager, Mayor Welu moved that the rec- ommendation of City M a n a g e r Schiltz be approved. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kalb, Schueller. Nays-None. RESOLUTI®iV NA. 175.56 WHEREAS, sea 1 e d proposals have been submitted by contrac- tors for the construction of Ninth Street Development pursuant to Resolution No. 174-56 and notice to bidders published in a newspaper published in said City of Dubuque an August 9th, 1956, which propos- als are now on file in the office of the City Clerk; and, WHEREAS, the City Manager has recommended that the main pavement be constructed of Port- land Cement Concrete and the parking lots of Asphaltic Concrete; and WHEREAS, the City Council is of the opinion that it is in the best Special Session, August 20, 1956 337 interest of the City that the work outlined in Bid Section 2 and Bid Section 4 be done and that bids for Bid Sections 1, 3 and 5 be rejected; and, WHEREAS, the bid of Schueller and Company of Dubuque, Iowa in the amount of $66,766.25 has been determined to be the lowest and best bid for furnishing of all labor and materials and performing the work as provided in Bid Section No. 2; and, WHEREAS, the bid of Mulgrew Blacktop Inc,, of Dubuque, Iowa, in the amount of $10,047.25 has been determined to be the lowest and best bid for the furnishing of all labor and materials and perform- ing the work provided for in Bid Section Na. 4; NOW,. THEREFORE, Be It Re- solved by the City Council of the City of Dubuque; Section 1, That the contract for furnishing of all labor and materi- als and performing the work pro- vided for in Bid Section No. 2 be awarded to Schueller and Com- pany of Dubuque, Iowa, and the manager be and he is hereby di- rected to execute a contract on be- half of the City of Dubuque for the complete performance of s a i d work. Section 2, That the contract for furnishing of all labor and materi- als and performing the work pro- vided for in Bid Seetian No. 4 be awarded to Mulgrew Blacktop Inc. of Dubuque, Iowa, and the manag- er be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work. Section 3, That the bids for the performance of the work describ- ed i~n Bid Sections No. 1, 3 and 5 be and the same are hereby re- jected, Section 4. Be It Further Resoly- ed that the City Treasurer return the bid deposits of the bidders for Bid Sections No. 1, 3 and 5 and that upon the signing of the con- tract for Bid Section No. 2, the bid deposits of the unsuccessful bid- ders far Bid Section No, 2 be re• turned. Passed, adopted and approved this 20th day of August, 1956. CLARENCE P, WELU Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kalb moved t h e adoption of the resolution, Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. 1Vlayor Welu requested leave of absence from the meeting and moved that Councilman Schueller be appointed presiding officer pro- tein of the meeting until his re- turn. Seconded by Ceuncilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Mayors Welu left the Council Chamber at 7:4D o'clock p.m. August 17, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise you that the "City of Dubuque 1956 Hot Mix - Hot Laid Asphaltic Concrete Sur- facing Project No. 1" under con- struction of Mulgrew Blacktop In- corporated has been completed in accordance with the plans and spe- cifications, I, therefore, recommend the ac- ceptance of the improvement. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Kintzinger. Carried by the following vote: Presiding officer pro tem Schuel- ler, Councilmen Dove, Kintzinger, Kolb. Nays-None, Absent-Mayor Welu. 338 Special Session, August 20, 1956 FINAL ESTIMATE CITY OF DUBUQUE, IOWA RESOLUTION N0, 177.56 WHEREAS, the contract for the City of Dubuque 1956 Hot Mix - Hot Laid Asphaltic Concrete sur- facing project No, 1 has been com- pleted and the City Engineer has submitted his final estimate show- ing the cost thereof including the cost of estimates, notices, inspec- tion, and preparing the assessment and plat, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, That the cost of said improve- ment is hereby determined to be $107,064.40. That $107,019.40 of the cost there- of shall be assessable upon private property and $45,00 shall be paid from the Street Construction Fund of the City of Dubuque. Passed, adopted and approved this 20th day of August, 1956. LEO N, SCHUELLER Presiding Officer Pro Tem RAY F, KOLB CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved t h e adoption of the resolution. Second- ed by Presiding officer pro tom Schueller. Carried by the following vote: Yeas-Presiding office pro tom Schueller, Councilmen Dove, Kint- zinger, Kolb. Nays-None, Absent-Mayor Welu. (A Resolution Accepting Im• provement and Directing t h e Clerk to Publish Notice.) R@SOLUTION N0, 178.56 WHEREAS, the contract for the improvement by surfacing on the following portions of the following named streets with Hot Mix•Hot Laid Asphaltic Concrete to-wit; 1. The alley from 9th Street to 11th Street between Main Street and Iowa Street. 2, The alley from 2nd Street to 8th Street between Main Street and Iowa Street. 3. Clarke Drivo from the East Property Line of St, Ambrose to the Southeast Property Line of West Locust Street, 4. Delhi Street from the South Property Line of University Ave- nue to the West Property Line of Lat 9 of Reches Subdivision, 5, West First Street from the East Property Line of South La cust Street to the West Property Line of Iowa Street. 6. West Fifth Street from the East Property Line of South Lo- cust Street to the West Property Line of Main Street. 7. West Locust Street from the North Property Line of West 17th Street to the East Property Line of Hodgen Street, has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con- tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the City Engineer be and is hereby di- rected to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule publish the notice of the Council's intention to levy special assess- ments 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 Improve- ment bonds issued upon the above described improvement in amount equal to the amount of his con- tract, less any retained percentage provided for therein, Passed, adopted and approved this 20th day of August, 1956. Approved: "LEO N. SCHUELLER Presiding Officer Pro Tem RAY F, KOLB CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT City Clerk i Special Session; August 20~ 1956. 339 Councilman Kolb moved the for to have. proper proceedings adoption of the resolution, Second- prepared. Seconded by Councilman ed by Councilman Kntzingerc Car- Dove; Carried. by the following rigid by the following vote: 'vote; Yeas-Presiding officer pro tem Yeas-Presiding: officer pro tem Schueller; Councilmen Dove,. Kint- Schueller, Councilmen., Dove;. Kint- zinger; Kolb, zinger,,Kalb; Nays-None, Nays-None. Absent-Mayor Welu; Absent-Mayor Welu,: August 18, 1956' August' 15 1956 To the Honorable Mayor To the Honorable Mayor and City Council, and City. Council, Dubuque, Iowa. Dubuque, Iowa. Gentlemen:. Gentlemen: L herewith submit reports of the With reference to the attached City Auditor, City Treasurer,.: City` petition of Estes Inc, the Dubuque Health Department, and City. Wa• Planning. & Zoning Commission ter.Works. for the month of July as, recommends to your- Honorable well. as list of claims and list. of 'Body that the special restricted payrolls. for which warrants were' multiple residence district area b'e issued for the month of July, extended to include this. property. Respectfully submitted, Respectfully°submitted,. L. J. SCHILTZ, The Dubuque Planning & Zoning City Manager, Commission Councilman Kolb moved that'. .: By ... .. .. Secretary the reports be received and filed. Richard V. McKay Seconded by presiding officer pro- Councilman Dove moved~that he tem. Schueller, Carried by the fol- recommendation of the. Planning & lowing, vote; Zoning Commission. be approved Yeas_Presiding.. officer pro: tom and that. the petition and recom- Schueller, Councilmen Dove,. Kint- mendation be referred to the City zinger„Kolb, Solicitor to have proper proceed- Nays-None, ings prepared: Seconded by Coun- Absent-Mayor. Welu, Gilman, Kintzinger. Carried' by the August 15 1956 :following vote: Yeas.--Presiding, officer pro tom To the Honorable Mayor & ;SchueIler; Councilmen Dove Kint- City Coun'eih , , zinger, .Kolb: Dubuque, .Iowa: Nays-None. Gentlemen; Absent.-Mayor Welu, The attached" petition of Ray Communication ofr P. J. Houser Farni; 476 Ni Grandview Ave: et. Division: of Public. Health` Engi- al, was considered at public hear- neering, S t•a t e Department- of ing August 14, 1956 by the Du- Health, submitting. permit. No; 56- buque Planning & Zoning Commis- 148.5 for the. construction. of 844' sion and no citizen having appear- o€ 8" sewer in Indian Hills, sgb- ed to appose, the said Commis- ject to certain conditions. present- sion recommends to your Honor- ed and read, Councilman: Kintzin- able Body the granting. of same,.. ger moved. that the-. eommunica- Wth the largo homes involved The tion be received, and filed. Second- Pitarin~ng, & Toning Commission: ed by Councilman Kalb. Carried by considers it' but: logical to rezone the following vote:. same to Two. Family Classification, ', Yeas-Presiding officer pro tom Respectfully submitted, ' Schuelleri Councilmen Dove, Kint- The Dubuque: Planning & Zoning; zinger, Kolb. Commission Nays-None„ By ..... . . .. .... Secretary Absent-Mayor Welu, Richard V, McKay Communication of P, J. Houser, Councilman Kolb moved tliat the 'Division of" Public Health Engi- recommendation of the Planning & veering, State Department' of Zoning Commission be approved, Health, submitting permit No 56- and the petition and recommenda- 147.5 for the constructonof'994' of tion be referred to the-City Solici• 8" sewer inAndrew Court; subject 340 Special Session, August 20, 1956 to certain conditions, presented and read. Councilman Kintzinger moved that the communication be received and filed. Seconded by Councilman Kolb. Carried by the following vote, Yeas-Presiding officer pro tem Schueller. Councilmen Dove, Kint- zinger, Kolb. Nays-None. Absent-Mayor Welu, ,August 2Q 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have ap- proved the following bonds and policies and desire to have your approval on same for filing, sub- ject to the approval of the City Solicitor; HEATING Lester Kaufman and Georg e Kuse (K & K Heating Contractors), Merchants Mutual Bonding Co. Home Heating Company, West- ern Surety Company. W i 11 i a m Ohnesorge, Nation- al Surety Corporation. EXCAVATIOfd Fischer and Company, Inc., Fis- cher Artificial Ice & Cold Storage: Co., Fischer Investment Co., Plas- tic Center, Inc., Policy No: WC, 277104, Bituminous Casualty Corp. Oliver Larson (Larson Construc- tion Co.), Policy No, 237470, Hawk- eyeSecurity Ins, Co, C. G. McDonnell (McDonnell Ex-' cavating Co.), Policy No. GPL145- 7781, Continental Casualty Co. H, M. Steger and F. T. Steger (Steger Construction Co.), Policy. No. XP 201988, The Fidelity & Cas- ualty Co, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the bonds and policies be filed subject to the approval of the City Solici- tor, S e c o n d e d by Councilman Schueller. Carried by the following. vote; Yeas-Presiding officer pro tem Schueller, Councilmen Dove, Kint- zinger, Kolb. Nays-None, Absent-Mayor Welu. Communication of First Church of the Nazarene expressing their thanks for the privilege of allow- ing them to hold a tag day, pre- sented and read, Councilman Kint- zinger moved that the communica- tion be received and filed. Second- ed by Councilman Dove, Carried by the following vote; Yeas-Presiding officer pro tem Schueller, Councilmen Dave, Kint- zinger, Kalb. Nays-None. Absent-Mayor Welu, Council proceedings ' for t h e month of May 1956 presented for approval. Councilman Kolb moved that the proceedings be approved as printed, Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Presiding officer pro tem Schueller, Councilmen Dove, Kint- zinger, Kolb. Nays-None, Absent-Mayor Welu. Petition of R. G. McNamer et al requesting the Council to inves- tigate the nuisances caused by the operation of the plant of the Allied Chemical Co., Barrett Division, as to dirt, noise and lengthy whistle blowing, presented and read. Coun- cilman Kintzinger moved that. the petition be referred to the City Manager and City Solicitor for in- vestigation and report. Seconded by Councilman Dove, Carried by the following vote; Yeas-Presiding officer pro tem Schueller, Councilmen Dove, Kint- zinger, Kolb. Nays-None. Absent-Mayor Welu. Petition of Mrs. R. C. Pape et al requesting the installation of a street light on the corner of Karen and Kevindale streets, presented and read. Councilman Kolb moved that the petition be referred to the City Manager and Electrical In- spector for investigation and re- port. Seconded by Councilman Kintzinger, Carried by the follow- ing vote: Yeas-Presiding officer pro tem Schueller, Councilmen Dove, Kint- zinger, Kolb. Nays-None. Absent-Mayor Welu. r Special Session, August 20, 1956 341 Petition of Louis Buechel re- questing renewal of an excavation permit, presented and read. Pre- siding officer pro tem Schueller moved that the petition be granted provided. proper policy is furnish- ed. Seconded by Councilman Kolb. Carried by the following vote; Yeas-Presiding officer pro tem Schueller, Councilmen Dove, Kint- zinger, Kalb, Nays-None. Absent-Mayor Welu. Mayor Welu entered the Council Chamber at 7:55 p.m. and took his regular place at the Council table. Petition of Mr. & Mrs. Robert C. Pape et al requesting the installa- tion of caution lights at the inter- section of Carter and Asbury Road for the protection of school chil- dren, presented and read, Council- man Kintzinger moved that t h e petition be referred to the C i t y Manager for investigation and re- port. Seconded by Councilman Kolb. Carried by .the fallowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Jake Ettenson re- questing arefund in the amount of $75.00 on his cigarette license No. 259, as he has discontinued busi- ness as of August 16, 1956, present- ed and read. Councilman K o 1 b moved that the petition be granted and the Auditor instructed to draw a warrant in the amount of $75.00, payable to Jake Ettenson, for the unexpired portion of his cigarette license No. 259. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Petition of Eldon J. Sauer et al requesting permission for the in- stallation of curb, gutter, sewer and water from the corner of Levi street running north on Sullivan street, presented and read. Coun- cilman Schueller moved that the request be granted and the peti- tion referred to the Engineering department to have proper pro- ceedings drawn. Seconded by Ma- yor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. August 20, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am attaching herewith a deed and plats for the widening and ex- tending of Sullivan Street as was previously approved by the Cit y Council, I recommend that the City ac- cept this deed and authorize that proper proceedings be prepared to dedicate the property for street purposes, Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Schueller move d that the recommendation of City Manager Schiltz be approved and the communication be referred to the City Solicitor to have proper proceedings prepared. Seconded by Councilman Kintzinger, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Proof of publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 41.56 an Ordinance amending Ordinance No. 7.41 by adding a new section 3A thereto to provide for the pay- ment of permit fees, presented and read. There were no objections fil• ed and no objectors present in the Council Chamber at the time set for public hearing. Councilman Kolb moved t h a t the proof of publication be receiv- ed and filed. Seconded by Council- man Schueller. Carried. by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. ORDINANCE N0. 4L5b An Ordinance Amending Ordi- nance No. 7.41 by adding a new Section 3A thereto to provide for the payment of permit fees, said Ordinance having been passed up- on first reading on August 6, 195G', X42 Special'Session, August 20, 1956 and;ordered placed on fife for pub- lic .inspection presented for 'final adoption, ORDINANCE N0, 47.56 "' An Ordinance Amending Ordinance No. 7-41 by adding a new section 8A thereto ao provide for the pay- ment of permit fees. Be It Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That Ordinance No, 7-41 be and the same is hereby amended by adding a netiv section 3A thereto as follows: "Section 3A. Every persou;,firm or corporation that operates a milk plant and brings ,into, -sends into, .or re- ceives in the -City of Dubuque, Iowa, milk or milk products, as herein de- fined, shall • pay a monthly .permit fee of 1.5dfor each 100 pounds of such milk or milk products. The City Health 'Officer .is ,hereby authorized tp investigate the aconracy of the permit fees paid hereunder. On or be- fore-the.20th day of each month, com- mencing with the 20th day oY October, 1966, the permittee shall file with the City Treasurer a statement showing amounts of milk handled in the pre- ceeding:month together tiv4th its re- mittance far the full-amount due. An additional 10% penalhy shall -attach for failure to pay suoh fees when due. Failure to pay the monthly permit fee when-due shall°be good ,grounds for .revocation or suspension of the permit. Any person, firm or corporation who shalt have. paid: a fee to any munici- pality which enforces standard s equivalent to the:: requirements of this ordinance shall be entitled to a credit against the permit fee established herein in the amount so paid dot not to exceed 1.5c per 100 pounds of such milk or millr products. Provided how- ever, that, in order to be entitled to such credit, the .permit holder shall first exhibit satisfactory evidence of payment to such other municipality and that such municipality extends rebiprocal credits against its fees for amounts paid to the,Crty of Dubuque. 'Introduced on first reading this 6th day .of August, 1956, Passed, adopted and approved by roll ,call vote this 2Dth daY of August, 1956, CLARENCE P. WDLH, Mayor RAY F. KOI:B, LEO N. SCF3UELLER. CHARLES A. -KINTZINGER, CHARhES E, .DOVE, Attest: Councilmen Leo-F. Frommelt, -City Clerk. Published officially in the Te]e- graph•Herald Newspaper this:24th day of August, 1956. LEO' F, FROMMELT, lt, .8/24 City Clerk Councilman Kolb moved t h e adoption of the Ordinance. Second- ed Eby MayorWelu. Carried by the following vote: Yeas-Niayor Welu, Councilmen Dove, `Kintzinger, Kolb, Schueller. Nays--None, Councilman'Kolb moved that the rules be suspended requiring an ordinance to.be read on three sep- arate days, Seconded by Council- man Dove, Carried!by the.follow- ing vote: Yeas-Mayor Welu, Councilmon Dove, Kintzinger, Kolb, Schueller, Nays-None, ORDINANCE`N0, 42•bb An Ordinance accepting"Convey- ance of Certain parcels of Reol Estate -and .Establishing and Nam- ing Public streets thereon, present- ed and read, Councilman K o 1 b moved that the reading just :had be considered .the first reading of the Ordinance, Seconded by Coun- cilman Dove. Carried by the foi- lowingvote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. 'Nays-None, Councilman Kolb moved that the rules be suspended _requiring an Ordinance to be read on• three sep• crate days. Seconded by Council- man Dove. Carried by .the. follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Welu. .Nays--None. ORDINANCE No, 42.56 An Ordinance Accepting Convey- ance of Certain_Paroals of Rea1,Es- tate and Establishing and Naming Public ;Streets thereon. Whereas Nicholas Link, widower, has conveyed to the City of Dubuque, by Warranty Deed, the following de- scribed parcels of real estate situat- ed!in ahe City of Dubuque, Dubuque County, Iowa: a - A strip of land 30 feet in width .along the south side_oY Lot°2 of hot 1 of Lot.1 of Link's. Subdivision; in 'the City of Dubuque, 'designated as a private. street on'the plat •of-the Subdivision of Lot 1 of Lat 2 of Lot 1 bf Lbt 1 as recorded in Boolc of :Plats l6 page 47-fn the records<,oi .the County Recorder of Dubuque County; and b -Lot 1 ;of Lot 2 oP Link's Subdi- vision in the City of Dubuque re- corded in-Book of Plats 12, at page 105 in .the records of the County Reeprder of Dubuque County,.. and c -Westerly 40'feet bf Lot 2 of'Lbt -.8 of Links Subdivision as reoonded in Boolr of Plats 12, page 88 in the records of the County Recorder of Dubuque County; and Vphereas Hatiel B. 'Amos, =widow, has conveyed by Warranty Desd :to the City of Dubuque the 'fallowing parcels of real estate situated in the City of Dubuque, Dubuque County, Iowa: a - Lnt - 2 of Lot 2 of the Subdivi- sion of Lots 10 and 11 in Wilson's Dubuque;-and b -Lot 2 of Lot-2 of the.Subdiv- sion of Lots 8 and 9 in Wilson's Du- buque; and Whereas -Fred .Ertl ..and Gertrude M. Ertl, husband and wife have con- veyAd by Warranty' Deed to the' City of Dubuque: Lot'2 of the Subdivision bf Lot'2 of Lot 1 of he Subdivisicn of Lots 8 and.9 in Wilson's_Dubuque, in the City of Dubuque, Dubuque County, ,Iowa; :and Sp~eial >fiessian, August 20, 1956 343 ,tivheeeas the ~Gity Council has found that'it is in'the public. interest that . aatid ,oonveyanges be .accepted and public streets established thQre- nn; NOW THEREFORE, BE IT OR- D~IN~D ,$Y ~TTdE ~1TY CQUN4IL OF' CIT~Y~ OF DUBIIQIIE; Section°1. That the conveyance of the follow,ang deacrhed real ..;estate sttuated in the City of Dubuque, Du- buque County, Iowa, described as: A strlp.of lend 30 Poet in width alpug the south-side of Lot'2 of Lot 1 of'Lot 1 of I,iniS's` Subdiv~islon, tggetber with Lot-2 of Jaot 2 of the r5ubdivision 9f Lots 10 and 11 in ~~Yilson's Dubuque, aud~thecap,nveyanoe,pf l2at 2,pF~Lot 2 of tike-SUbdtvision,o><;lapts 8 and Bin Wilson's'Dubuque, and the convey- ange ~;oP I,ot 2 of :the Subd~iyislon r pf Lot ,2.4E_1AOt,1_oP the ~ubdivlsipn of Lots' 8 ~and'9 iri~Wilson's`Dubuque,be and the same are hereby accepted'=hy the City . of Dubuque ,and a public street :40 feet in :width established thereon to pe }tnpwn :hereafter ss "VVilbricht Lano"; Section ' 2. 'That 'the conveyance of Lpt d;~4t Lpt 2~of Link's Supdivi- -lion m the City of bubgque be and hhe same' is hereby accepted by the CihY of Dubuque and a public street 30 feet In width b4 and the same js hereby established thereon to be here- aftEr'rknotiyn as ''Merfeld Lane"; Section 3. That the ceuveyanae of the westerly 40 feet of Lot 2 of Lot 3 of F~ynkis Snbdlvi~ipn in the City of Dubuque be and Ghe same is here- by accepted by the City of Dubuque and .a publle street 40 feet p width established thereon to be hereafter known as "Montana Street"; Sectt4n;1 That the City Clerk be and he is hereby authorized and di- rected to file a certified copy of this OrldFnan§e in the og{tae pf the 0ounty Recorder of Dubuque County, .Iowa. Passed nn first reading this ..20th day pf August, 1960. ,Rule requiring reading pn Three separate days suspended by unani- mous vote this 20th day of Augvat, 1806, l?aased, .adopted and approved by unanimous recorded-roll call vote this 20th day of August, 1856. CLARDNCE P WELD 'MAYOR ,RAY F. KQLB LEO N.SCHUELLER CHARLES A. KINTZINGER CI3ARLES E. COUNCILMEN Attest: LEO F, ~ FROi~NAIrT CITY CLARK Published officially in the Telegraph Herald : Newspaper this 24th ,day .pf August 1y06, ,LEO F. FROMMELT It 8;24 City Clerk ~Cpunoilman a,Kolb moved t h e adoption of the Ordinance.:Second- ed by 'Oouncilmp'n Dove. Carried by the-following.:vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, :.Kolb, .Schueller. Nays~None. ~~SOhUTION N0. 194.66 BE .IT RESOLVED by the City Council :of the ;city of 'Dubuque that the. following, having compli- ed ,With -the provisions pf law re- latipg .to the ,sale of cigarettes within he .City of Dubuque, be granted a,permit to sell cigarettes and cigarette papers within said City. Name Address .Andrew Staekis, 3166 Jackson. Street, Albert J. Ney, 1862 Central Ave- nue. BE IT FU£iTHER :RESOLVED that the bonds filed with the ;agpl- cations be approved. F:assed, ...adopted .and approved this 20th day of August, 1956. CLARENCE P. WELD Mayor RAY.1<. KQLB LEO N. SCHUELLE)2 CHARLES. A. KINTZINGER CHARLES E. -DOVE Councilmen Attest: LEO F. FROMMELT .City Clerk Councilman Kolb rmoved t h e adoption of the rosolution, Second ed by Mayor Welu. Carried by the following vote: .Yeas-Mayor,Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. RESOLUTION N0. 180.66 WHEREAS, .applications f o r Beer Permits have been submitted to -this Council £or ,approval and the same have been -examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing applicators bo grant- ed and licenses are to be issued upon the compliance with the terms of the ordinances of this City, ,~ ,r CI.A$S B 'PERMIT Name Address Edward J. Tracy, 1598 E 1 m Street. Albert J. Ney,'1962 Central Ave- nue. CLASS "C°'PE=RMIT Sydney'Miller, 2850 Burlington Street. Passed, adopted and-approved this 20th day of 'August,:1956. CLAR'ENCE P..WELU Mayor .RAY F. KQLB LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES.E, DOVE Councilmen Attest: LEO F, FROMMELT -City Clerk. 344 Special Session, August 20, 1956 Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, RESOLUTION N0. 181.56 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following named ap- plicants aBeer Permit. CLASS "B° PERMIT Name Address Edward J, Tracy, 1598 E 1 m Street. Albert J. Ney, 1862 Central Ave- nue. CLASS "C" PERMIT Sydney Miller, 2850 Burlington Street, BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved, Passed, adopted and approved this 20th day of August, 1956. CLARENCE P. WELU Mayor RAY F, KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. RESOLUTION N0. 182.56 Whereas there has been f i l e d with the City Clerk a plat in which Lot 2 of Lot 1 of Lot 2 of Lot 1 of Faldorf's Place in the City of Du- buque, Dubuque County, Iowa, is platted as "Blocks 1, 2, 3 and 4 in Indian Hills" a subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas said plat has been ex- amined by the .City Plan Commis- sion and had its approval endors- ed thereon; and Whereas upon said plat appear streets to be known as "India n Ridge", "Wapello Place", and "Arrowhead Drive", and also ease- ments for public utilities w h i c h the owners upon said plat h a v e dedicated to the public forever; and Whereas said plat has been ex- amined by the City Council and they find that the same conforms to the Statutes and Ordinances re- lating. thereto, except that the grades have not been established, the streets brought to grade, or surfacing, sewer or water utilities installed; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the dedication of Indian Ridge; Wapello Place and Arrowhead Drive, together with the easements for public utilities, as the same appear on said plat, be and the same are hereby ac- cepted; Section 2. That the plat of the Subdivision of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Faldorf's Place in the City of Dubuque, Dubuque County, Iowa, which will hereafter be known as "Block 1, Block 2, Black 3 and Black 4 in Indian Hills", be and the same is hereby approved and the Mayor and Clerk are here- by authorized and directed to en- dorse the approval of said City up- on said plat, provided the owners of said property execute their writ- ten acceptance hereto attached, agreeing: (a) To reduce all streets to grade as shown by the profiles submitted with the plat; (b) To surface Indian Ridge, Wapello Place and Arrowhead Drive for a width of 30 feet from curb face to curb face wi"th six inch -rolled stone base, 21/a inch bitumin- ous concrete surfacing with seal coat, and concrete curb and gutter as shown in City of Dubuque Stan- Bard Curb and. Gutter Section; Special Session, August 20, 1956 345 (c) To insta118 inch vitrified file sanitary sewer with 4 inch house lateral to each lot, in accordance with plans heretofore approved by the Iowa State Department of Health; (d) To install 6 inch cast iron water main with g/4 inch copper surface laterals to each lot, in ac- cordance with plans approved by the City Engineer; (e) To construct the foregoing improvements in accordance with plans and specifications approved by the City Manager, under the in- spection of the City Engineer, and in a manner approved by the City Manager; (f) To maintain the street im- provements for a period of four years from the date of their ac- ceptance and to maintain the sew- er and water main for a period of two years from the date of their acceptance; (g) To construct said improve- ments prior to November 1st, 1957; and further provided that J. Allen Wallis, Jr. and Marijane S, Wallis, as owners of said Subdivision se- cure the performance of the fore- going conditions with a surety bond in such amount and with s u c h sureties as may be acceptable to the City Manager; Section 3: That in the event the said owners shall fail to execute the Acceptance and provide the bond required in Section 2 hereof within thirty (30) days from the date of this Resolution the provi- sions hereof shall be null and void and the acceptance of the dedica- tions and the approval of the plat shall not be effective. Passed, "adopted and approved by unanimous roll call vote, Aug- ust 20th, 1956, CLARENCE P, WELU Mayor RAY F, KOLB LEO N.SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT City Clerk ACCEPTANCE OF RESOLUTION N0. 182.5b J, Allen Wallis Jr, and Marijane S, Wallis with full knowledge and understanding of all the terms and conditions of Resolution Ne. 182.56 hereby accept the same as adopt- ed and agree to abide by, comply with and carry out all of the terms and conditions thereof. Executed this 20th day of August, 1956. J. Allen Wallis Jr. Marijane S. Wallis Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. Councilman Schueller moved that the regularly scheduled meeting for the month of September, being the first Monday of the month, which would fall on Labor Day be postponed to the following day, namely the first Tuesday of the month of September. Seconded by Councilman Kolb. Carried by the following voter Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Mr, A. J. Dupont, District Man- ager and Mr. Elmer W. Brauhn, Superintendent of Transportation of the Interstate Power Company were present at the meeting. The Mayor addressed the gentlemen by stating that the citizens are dis- turbed about the Transit Service in our City, Could you ease their minds by making a statement on your intentions? Mr. Dupont pre- sented each member of the Council with a statement of total passengers carried for the calendar years 1948 through July 1956 and also an earn- ings statement for the same per- iod. Both statements showed a tre- mendous loss both as to total pas- sengers carried and operating loss. Mr. Dupont stated that because the bus company's history of steady lasses in bath passengers .and in- come is great it does not necessar- ily mean that the Company will" quit operating busses, A city fran- chise is usually an asset but in this case it would be a liability, because it would mean underwriting a loss of three quarters of a million dol- lars in a ten year period. Bus company losses have increased the last six months because it is im- possible to find new ways and 346 Special Session, Auguste 29 1956 means of ecbnemizing on bus op- eration's: Mr. Ddpant further stat- ed that the Interstate Power Com- pany is ~ interested in the welfare of the City and' was aware of the importance to the'. City of adequate bus service. He also felt that their eight and one-half years of opera- tion at a loss- is-evidence, of their sincerity. in continuing bus oper- ations without a franchise. Mr. Du- pont" then offered to supplement a recent"letter to the Council to guar- antee six months notice before making any ma5ar`'change in the pres'ent' oporation° of the busses,. which was accepted' by the Coun- cil- Councilman Kintzinger wh'o is a: member of a State commission which is studying bus companies allover the State; stated that there are seventeen bus companies oper- ating in Iowa" and' not one of them is operating:.. at a profit. He fur- ther stated that in the.State of Wis- consin progress has been made in the same situation by reducing' State taxes to bus operating. com- panies; which has proven to -give enough relief to keep he compan- ies from operating at a lass, Mayor Welu stated that the solution to the problem is patronage and Voiced his hope. that every labor local, merchant's organization: and indi- vidual should: do all: they possibly" canto promote the-use': of bus sere- ice in the City Mayor Welu moved that he=rules be suspended in order to let any- one: present address. the Council ' on any subject they may desire. Seconded by Councilman Schuel- ! ler, Carried. by the following vote: Yeas-~-Mayor Welu, Councilmen Dove, Kintzinger Kolb, Sehueller. Nays-None. , Mr. George Steuer: of 1486 Maple street addressed the Council rela- tive to a notice received from the Health Department to get rid of his rabbits; Mr, Steuer' explained the fact that rabbit: meat is th'e only kind he can eat; due to sickness, and thatis the only reason he rais- es-rabbits: Councilman Sehueller moved that action en the- matter be held in abeyance: until investi- gated by'~the City Solicitor.. Seeend- ed. by Mayor Welu: Carried by the following votes Yeas"-Mayor Welu; Councilmen ' Dove; Kintzinger, Kolb, Sehueller• 1 Nays-None; There being na further' business Ctiuncilm~an Kolb moved to ad- journ. Seconded= b~, Cbuneilm~an `Dove: Carried by the following 'vote: Yeas-Mayor Welu, Counclmt!n 'Dove; Kintzinger, Kelb', Sehueller. Nhys~Nbne, LKO'F FTtOMN1EI,T' City Clerk' AdoptQd ...:...............:.............:.:........1956 Approved ,,..,„„ ,.,..,.,,1856 Councilmen ,., , ,... ,•..,•....... .,., Attest ..:,...•. .,.,.,:. ..,,.,... City Clerk regular Session, a(.OFF 1CdAL) Regular Meeting September 4, 1956, Council met at "7:30 p:m. Present -Mayor Welu, Council- men Dove, Kintzinger, K o Tb, Sehueller. City Manager Sehiltz. "Mayor Welu read the call and stated that this is a regular meet- ing of rthe City Council far :the pur- pase of acting uponsuch business as array properly come !before the :meeting. August'27, 3956 To the 'Honorable Mayor andCity Council, Dubuque, Iowa, Gentlemen; The Police"Department have re- ceived many complaints over a pe- riod of years regarding the parking of velicles :opposite the .driveways or a garage in a narrow alley or street. At the present time there is no ordinance coveriag this -situation. It is recommended :that a new sec- tion be added tp the Traffic Ordi- nance as follows: "Nq person shall park any ve• hide opposite any entrance to a garage gar -driveway =on any street or .alley twenty feet in width or less:' Respectfully submitted, L. d. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Scliltz be approved and the com• municatton referred to the City!:So- licitor to have proper proceedings prepared. Seconded by Councilman Sehueller, Carried by the following vote; Yeas-Mayor Welu, 'Councilmen Dove, Kintzinger, Kolb, Sehueller, Nays-None, September 29, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. 'Gentleman: 'The request of Mr. & Mrs. Robert C. Pape and others relative to the erection of caution lights at the ln- tersection of Asbury and C a r t e r Road was referred to the C i t y Manager for investigation and re- port. epteml~er 4, 1956 347 ~Upan investigation `by the Police Department dt was recommended that warning signs be placed on Asbury Road indieatingpedestrians crossing. Proper signs have been ,ordered and will be placed as soar as they arrive. Respectfully submitted, L. J• :SCHILTZ, City Manager, Councilman .Kolb moved that the recommendation of the Police De- partment be approved. Seconded by Mayor Welu. ,Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger,.Kolb, Sehueller, Nays-None. ,September 27, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa• Gentlemen, Since a new business building has been erected at the corner of Lor- as and Locust Street a preblern of continuous parking at short periods of time has developed. Many people parking for long pe- riods of time `between 14th and iSth on Locust make it impossible for any one 'to find a place to park in this area when they'are doing'busi- ness, In order to give relief to the park- ing problem as it exists, I recom- mend that parking be restricted on the west side of Locust from Loras to 1'5'th Street to two hours, 'Respectfully submitted, L. J. SCHILTZ City Manager. Councilman Kalb moved that the recommendation of City Manager Schiltz be approved :and the com- munication referred to the City So• 'licitor to have properproceedings prepared. ;Seconded by Councilman Kintzinger.Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Sehueller. 'Nay~None. August 29, 1956. To the Honorable Mayor and .City Councll, Dubuque, Iowa. Gentlemen: The petition of Mrs, :R. C. Pape and others requesting :the nstlla- tion of astreetlight at the ntersec- tion ofPKaren ]Load and Kevindale :Street was referred to the C i y