The URL can be used to link to this page

1956 October Council ProceedingsReguar Session, bctober 1, 1956 381 (AFFICIAL) Regular Session, October 1, 1956, Council met at 7:30 p.m. Present-Mayor Welu, Council• men Dove,Kintzinger, Schueller, City Manager Schiltz. Absent-Councilman Kolb. Mayor Welu stated that this is the regular monthly meeting of the City Council for the purpose of act- ing upon such business as may properly came before the meeting, Communication from the Com- mittee for Broadening Commercial Bank Participation in public finan- cing soliciting support in the at- tempt to permit commercial banks to deal and trade in public revenue bonds, presented and read. Mayor Welu moved that the communica- tion be referred to the City Man- ager and City Solicitor. Seconded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Communication from American Municipal Association extending an invitation to attend the 33rd an- nual American Municipal Congress in St. Louis November 25 to 28th presented and read, Councilman Kintzinger moved that the com- munication be referred to the City Council for consideration. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kalb. Communication of Police Judge R. N. Russo, requesting permis- sion to attend the Traffic Court Conference at Northwestern Uni- versity Law School to be held dur- ing the week of October 15th through the 19th, presented and read. Councilman Schueller mov- ed that Judge Russo be allowed to attend the conference at City ex- pense. Seconded by Mayor Welu. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. October 1, 1956 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: In accordance with the provi- sions of Chapter 365, Code of Iowa 1954, the Civil Service Commission conducted an entrance examination for the position of Dairy Fieldman. This examination was held on September 20, 1956, and the follow- ing is a list of the applicants who passed the written examination with an average of 70 per cent or better. Delbert H. Wilke -average - 82?~z per cent. Respectfully submitted, LOUIS J. LAGEN E. B, LYONS J. A. CAREW Members of Civil Service Commission, Attest: LEO F, FROMMELT Clerk SUBSCRIBED AND SWORN to before me, a Notary Public, this 1st day of October, 1956. GERALDINE L, JENNI Notary Public (SEAL) Mayor Welu moved that the com- munication be received and made a matter of record. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Communication of Mrs. Edwin Col of Galena, Ill,, recommending certain methods to be used to ex- terminate box elder bugs, present• ed and read. Councilman Kintzin• ger moved that the text of the let- ter be printed in the local daily paper. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kalb, Copy of resolution submitted by the Dubuque Safety Council, as adopted by them under date of September 13, 1956, relative to =the resignation of Captain Wilfrid, J. Andresen from the Dubuque Po• lice Department and as a member of the Board of Direotors of he Safety Council, commending ;him 38~ Reguar Sessfan, October 1, 1956 on giving unselfishly of his free time, energy and exceptional qual- ifications to make Dubuque a saf- er place in which to live, present- ed and read, Mayor Welu stated that we are happy to receive the resolution and that we are also happy for Captain Andresen in his new position. Mayor Welu the n moved that a letter of commenda- tkon be sent to Captain Andresen and the resolution be made a mat- ter of record in the Polkce Depart- ment. Seconded by Councilman Dove, Carried by the following vote: Yeas--Mayor Welu, Councilmen Dave, Kintzinger, Schueller. Nays.-None. Absent-Councilman Kolb. Communication of D.D. Bush of 150 Cherokee Drive, seeking infor- mation as to a City ordinance that does actually forbid the gathering of more than three or four persons on a City street corner, as the re- sult of the police squad cars break- ing up groups of boys standing out- side of the University Inn, present- ed and read, Councilman Kintzin- ger moved that the City Manager write a letter to Mr. Bush explain- ing that there is an ordinance cov- ering matters of this kind and why it is enforced. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas.-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent„Councilman Kolb. October 1, 1956 To the Honorable Mayor and Members of the City Council City of Aubuque, Iowa ', Gentlemen: In accordance with Chapter 48 of the Code of Iowa, 1954, I hereby recommend for your approval the appointment of the following nam- ed persons to serve as Clerks of Election for each precknct, w h o shall have charge of the election register for the'General Election to be held on November 6, 1956. FIRST PRECINCT -Democrat- ic, Mrs, Thomas O'Brien, 850 South Grandview, Republican, Mrs. Lkl- lkan Jones, 1745 Overview Court, SECOND PRECINCT = Demo- cratic; Mrs. Dorothy Kkrehen, 90 Nevada Street. Republican, Mrs, Julia Heuser, 1585 Douglas Street. THIRD PRECINCT - Democrat• ic, Mrs. Vera McAllister, 8Z1 Dodge Street. Republican, Mrs. Eunice Kilby, 521 West T h i r d Street, FOURTH PRECINCT - pemo- cratic, Mrs, Georgkana Millius, 4621/z Locust Stroet, Republican, Mrs. Margaret Endsley, 638 Wil- son. FIFTH PRECINCT - Democrat- ic, Mrs. Laura Hohman, 792 Ne- vada Street. Republican, Mrs. Sa- die Trader, 295 Nevada Street. SIY'pII PRECINCT -Democrat- ic, Mrs. Mary Burd, 1525 Woo d Street. Republican, Mrs. Louise Forward, 1530 North Algona. SEVENTH PRECINCT - Demo- cratic, Mrs. Loretta Goff, 1006 Cen- tral Avenue. Republican, Mrs, Alexia Hanley, 911 Central Avenue, EIGHTH PRECINCT - Demp- eratic, Mrs. Anna Weber, 1027 Lo- cost Street, Republican, Mrs, Jane Puhrman, 530 Wilbur, NINTH PRECINCT - Demo- erotic, Mrs. Belie Leidinger, 103 Maple Street. Republican, Mrs. Mildred Koehler, 1763 Central Ave- nue. TENTH PRECINCT - Demo- cratic, Mrs. Leona Beyer, 1909 El~ lis Street. Republican, Mrs. Edna Stanley, 195I Madison Street. ELEVENTH PRECINCT- Dem- ocratic, Mrs. Ida Murray, 348 Kaufmann Avenue. Republican, Mrs. Hazel Kirkwood, 845 Kan e Street. TWELFTH PRECINCT - Dem- ocratic, Mrs. Minnie Recker, 2210 Francis Street. Republican, Mrs. Elsie Bottge, 2421 Division. THIRTEENTH PRECINCT - Dempcratkc, Mrs, Freda Foell, 2915 Jacl~son Street, Republican, ~Irs. Mabel Essman, 2939 Jackson Street. FOURTEENTH PRECINCT Democratic, Mrs, Marjorie Bogue, 2917 Knkest Street.. Republican, Mrs. Gwen Bohn, 2540 Windgor Avenue.. FIFTEENTH PRECINCT-Dem- ocratic, M1s, Minnie Lncas, 1303 Rhomberg Avenue. Republican; Mrs, Helen Hohnecker, 1202 Lin- coin Avenue. SIXTEENTH PRECINCT-Dem- ocratic, Mrs. Marietta Donegan, Re~nar Session, October 1, 1956 383 8105 Ogllby Road. Republican, Mrs, Helen Schetgen,155 Devon Drive. Respectfully submitted, LEO F, FROMMELT Commissioner of Registration Councilman Kintzinger m o v e d that the list as submitted be ap- proved and be made a matter of record, Seconded by Mayor Welu. Carried by the fa110wing vote; Yeas=Mayor Welu, Councilmen ])bve, Kintzinger, Schueller. Nays-None. Absent=Councilman KOIb, Proof of publication, certified t0 by the Publisher, of statement of receipts and a list of claims for wrhich warrants were drawn dur- ing the month of August 1956, pre- sented and read, Councilman Schueller moved that the proof of publication be r~ecekved and filed. Seconded by Councilman Kintzing- er, Carried by the following vote: Ybas-Mayor Wclu, Councilmen Dove, Kintzinger, Schueller, .Nays-None, Absent-Councilman Kolb, Communication of Frank Hardie Advertising Inc. offering the sum of $300: for the purchase of Lots in Central Addition and Lorimors Sub- division, near the Ninth Street Ex- tension Improvement, presented and read. City Solicitor N e l s o n raised the questioh whethor or not these lots ar parts of lots could ~be sold being that some are ensum- bered by the Parking Lot Revenue bond tissue, Councilman Schueller moved that the City Council view the grounds. Secondod by Council- man Dave. Carried by the fo110w- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. October 1, 1956 TO the Honorable Mayor and City Council, Dubuque; Iowa, Gentlemen: This is to advise that I have j approved the following bonds and policies and desire to have your ( approval on same for filing, sub ' ject to the approval of the City So- lkcitor; 61EATING Harry Miner d-b'a Key C i t y Plumbing & Hunting, Western Sure- ty Company. W; J. Jordan, General Casualty Co. of America, Carl MettIlle d b•a Mettille Roof- ing & Sheet Metal Works, Hawk- eye-Security Ins. Co, Sears Roebuck & Co., Standard Aceidbnt lns. Cb. Joseph W. Loucks, Merchants Mutual Bonding Co. J. F, Stampfer Company, Fire< man's Fund Indemnity Co, Montgomery Ward & CO., Tnc., Indemnity Ins. Co. of North Amer- ica. Joe J. Reuter d-b-a Joe J, Reut- er Sheet Metal Works, American Surety Co. of New York, EXCA!/ATION Curtis-Straub Company, POIiCy No, PC25130, Central Surety and Ins. Corp. Louis Buechel, Policy No. ML 60849, U.S. Fidelity and Guaranty Co. SIDEWALK Loe Dodge, Ilawkeye • Security Ins. Ca. Clarence Splinter; Hawkeye-Se- curity Ins, Co, Dallas Bush d-b•a Bush Construe= tion Company, The State Austomo~ bile Ins Assn, Carl Hirsch, Western S u r e t y Company: Cletus Palm; Colum'~bka Casualty Company, Hamer Sweiger, Columbia Gas• ualty Company, Respectfully submitted, L, J, SCHILTZ, City Manager Mayor Welu moved that the bonds and policies beplaced on file subject to the approval of the City Solicitor, Seconded by Council- man Kintzinger. Carried by the fol- lowing vote: Yeas-Mayor Welu; Coaneklmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Koko, September 24, 1956 To the Honorable Mayor and City Council; Dubuque;. Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer; City Health Department and City Water Works for the month of August as well as list of claims and list of 384 Reguar Session, October 1, 1956 payrolls for which warrants were issued for the month of August, Respectfully submitted, L, J, SCHILTZ, City Manager Mayor Welu moved that the re- ports be received and filed. Sec- onded by Councilman Kintzinger, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. October 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Merlin Lang• kamp, 140 Aquin Street, relative to connecting up to city water and sewer was referred to the City Manager, City Engineer and Water Department to make an investiga- tion, The present sewer to which Mr. Langkamp could connect is a pri- vate sewer owned and maintained by the Brunswick Block and to which there are only two addition- al connections. This sewer is not of adequate size to authorize any additional connections because of difficulties that are already experi- enced in 'back up of their own sani- tary sewage. The city water could be made available to Mr. Langkamp, how- ever, it would be necessary for him to make the necessary service con- nections to our existing water main on Jackson Street. It is therefore my recommenda- tion that if Mr. Langkamp decides to connect with the water, he will be given authorization to do so, but that the city denies request to connect to the sewer. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Dove moved that the recommendation of the City Man- ager Abe approved, Seconded by Mayor Welu, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb, October 1,1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Alvin Maus and others relative to the installation of stop signs in the vicinity of Sheridan, Edith and Groveland Streets was referred to the City Manager and Traffic Department for investigation and report. I had this matter investigated by the Police Department and it is their recommendation that speed signs be placed on Sheridan and Davis Streets. They do not feel that stop signs at Edith and Grove- land Streets will serve any particu- lar purpose because both of these streets are dead-end at Sheridan Street. In fact, placing a stop sign at the intersection may en- courage more speed on Sheridan Street, I concur in the recommendation of the Traffic Department and also their suggestion of patrolling this area 'between the hours of heavy traffic to cut down the high speeds. Respectfully submitted, L. J. Schiltz, City Manager, LJSao Councilman Schueller moved the approval of the recommendation. Seconded 'by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kalb. October 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; I would like to take this oppor- tunity to express my appreciation to all the members of the City Council for authorizing me to at- tend the International City Man- agers' Conference at Banff Alber- ta, Canada, last month. There were many projects dis- cussed at this conference that had a direct bearing on the City of Dubuque. Many of the conference leaders were outstanding men in their fields that brought us new developments in the field of city administration. Reguar Session, October 1, 1956 385 One of the projects that I felt was of importance was the devel- oping of new subdivisions. T h i s discussion brought out that many cities now require the subdivider to provide all the facilities in a new subdivision and it was also the view of the subdividers them- selves that they should provide the facilities that would benefit t h e subdivision even to the extent of playgrounds. Another subject that was of par- ticular interest was the one on promotion and controlling indus- trial growth. This discussion re• viewed all kinds of industry a city should try to obtain, and what to do and not to do to get new in- dustries, city participation in de- veloping new industrial areas, and zoning and other controls for in- dustrial areas, One of the major parts of this discussion was that an industry that is worthwhile for a commun• ity to seek is one that is inter- ested in the proper environment to live, work, and play in the com- munity and not one asking f o r various concessions. A city should keep in mind its existing indus- tries. Some of the things that an in• dustry looks for in seeking to lo- cate in a city are: proper zoning, schools, playgrounds and recrea- tional facilities, good government relationship, and standard assess- ment procedures, There were also other sessions on finance, planning and person- nel that were discussed by consul• tants in the various fields and by a group of city managers, Indications are that finance of municipal capital improvements will increase in the ratio the same as labor and materials have in- creased in the past, Again I want to thank you for permitting me to attend this con- ference as I feel the benefits I received wIll 'be an advantage to the city in better administration, Respectfully submitted, L, J. Schiltz, City Manager. LJS:Io Councilman Kintzinger moved that the communication be receiv- ed and filed. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb, October 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I am attaching herewith a re- port of Mr. Eugene Lang, of Lara- more & Douglass Inc., regarding the investigation he has made of the North Central Public Service Company for the past one and a half years. According to Mr. Lang's study the company is not earning a suf- ficient rate of return to justify a reduction at this time nor does he contemplate that they will earn enough during the full twelve months of 1956 to justify a reduc- tion in rates, Should you decide to have Mr. Lang personally answer any ques- tions regarding this report, I will be glad to arrange for his appear- ance before the Council. Respectfully submitted, L, J. Schiltz, City Manager, LJS:Io File No. E-469 September 27, 1956 Mr. L. J. Schiltz City Manager, Dubuque, Iowa. Subject: North Central Pub- lic Service Company Dear Mr. Schiltz: As per your instructions of Aug- ust 8, 1956, we have reviewed the operations of the North Central Public Service Company in Du- buque for the year ending Decem- ber 31, 1955, together with t h e first seven months of the current year or through and including July 31, 1956. In addition an estimate of the probable results from opera-. tions for the entire year 1956 was made based upon the first seven months operations and available information as to prospective sales of natural gas and operating casts. Certain adjustments were made to the figures presented by t h e Gas Company that were consider- ed necessary to present a true pic- ture, together with the inclusion of charges to operating expenses in an amount that: will permit t h e 3$6 Reguar Session, October 1, 19~~ atnbrtiation of the cost of con- verting the distributioh 'system from manufactured to natural gas, over a ton year period, A compar- itii+e statoitiont of the resulting figures are shown in detail on Ex- hibit I, attached hereto: The percentage return has been computed on a rate'base of $2;370,- 000.00 as of January 1, 1956. `this was determined in the usual man- ner; i:e. book cost of property less depreeiatori accrued to date, plus an allowance for wonting capital of approximately one and one half months operating expenses exclu- sive of taxes and amortization and depreciation requirements. From Exhibit I, it is apparent that the Gas Company while earh- ing at the rate of 4,'77 per cent on its rate base during the first seven months of the current year, will better its rate of return only slight- ly during the remaining f i v e months of this year: This can be attributed to the fact that the bulk of the ,gas to be sold during the remaining months will 'be billed under the so called interruptible and space hoating schedules that command the lowest rates a n d hence the smallest margin of profs it; Tliis coupled with tho prosont income tax rates; permits very lit- tle of the revenues received from the sale of tills large volume of gas to be brought down tb hot for return upon the value of the Com- pang's property and plant used and useful in serving its cu`stomors re= siding in Dubuque. While the operations of t h e North Central Public Service Gom~ parry ih Dubuque have shown a marked improvement; f u r t h e r progress must be made before tho Company will be earning what may bu considered a fair and reasori~ able return, Respectfully submitted; LARAMORE AND DOUG- LASS; INC, By Eugene C; Lang Registered Professional En- gineer Engineer No, t95fi State of Iowa NbRTII CENTRAL PUBLIC SERVICE COMPANY DUBUQUE DIVISION CbMl?ARATIVE OPERA`tING STATEMENT Operating Revenue: Actual Estimated 1211'Ios End 7 Mos End 12 Mos End (tas Salesi Dee 3f, 1955 ful 31,1956 Dec 31,1956 Residential-General ........:..:... ..$343,134 $204,465 $326,957 Residential-Space Heating ,.:.. ,.. :... 17$,394 221,671 338,$d7 Commercial-General . ........ :... 68,433 31;593 50,916 ' Commercial-Space Heating ~ ' 55,855 Industrial-Firm ... ... ..., .. ° 32,398 24,25 1 41,242 Interrnptibie ......... ............. :... 161,268 196,029 319,771 Total Gas Sales .......... ................... ... $805,771 $706,989 $1,133,568 Forfeited Discounts acid Ailowanc os 6,479 368 3,049. _, Total Operating Revenues ::.:...::..... ....$811,250 $707,357. $1;136,617.. Operating Expenses; Operatiohs: Production ..:.:.......:.:................:....:... :...$480;753 $278,374 $483;604 Distribution .......:........:....:.:...:..::...... :... 99,409 68,637 100,520 Customers Accounting & Collect 55,918 34;977 59;960 - Sales Promotion .:..:.................. :... 26,606 13;911. 23;847 General and Administrative :... ,... 52,688 35,583 60,999 Total Operations .:...... ... .......... :...$715,374 $421,482 $728,830 Depreciation ...:.:...:...:.....................:...... .... 109;228 71,226 122,102 Taates Other Than Income ....-,.,..... :... 58,758 41,623 71,854' AfnortiBation Of Conversion Expense 24,768 14,448 24,768 Total Operating Expenses Incl Taxes ... $908,128 $548,779 $947,054 in@ome From Operations .............. . ($ 96,879) $158,579 $189,563 State and 'Federal Income Taxes ..... .... Nil 46,505 75,950 Balance-Return on Investment .. $ Nil $112,073 $114,513 Percent Return on Rate Base .. ~.:,,.. , Nil 4.77 4,$3 Note= ( )denotes to"ss, I~eguar Sessign, Octgber 1, 1956 ~$'~ Councilman Dove moved that the report be referred tc the Council and City Manager fqr further eon- sideratign, Segonded by Mayor We- lu, Cgrrigd by the fgllewing vote: Yeas-Maygr Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman I~glb. Notice of claim of Clarence J. Bowen, in an un-named amount, for damgges tq the first flggr and basement of his home on 2975 Windsor Avenue, as the result of the sewer backing up, presented and re.&d, Mayor Welu moved that the roles be suspended in order tQ let anygne present address t h e Council if they sq desire on the subject at hand, Seconded by Councilmen Schueller. Carried by the fgllgwing vote; Yeas-Mayor Welu, Councilmen I)gve, l~intzinger, Schueller, Nays-NRI!@, Absent--Councilman l~glb. Mrs. Clarence $gwen addressed the Council stating that damage to their home is cgnsiderable, in fact so great that it is very hard tq ~iye or state the amotmt need- ed to make prgper repair. S h e further stated that the sewer has been giving them trouble eve r since they lived there. Councilman Kintzlpger movgd that the notice of claim be referred tq the C i t y Solicitor fqr fnvestigation and rep fort, Seconded by Mayor Welu, Carried by the following vote: Ycas-Mayor 4)!elu, Cquncilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. Notice of claim for damages re- sulting from a defective street by Donna Riniker Claimant and Elmer Rinfker, father and natural guard- ian in the amount of $10,20428 for damages to car and personal in- juries received as the result of striking an exposed manhole on Woodlawn street on September 5, 1956, presented and read. Council. man Schueller moved that the no- tice of claim be referred to t h e City ,Solicitor for investigation and report, Seconded by Councilman Dove. Carried by the fallowing vote: Yeas-Mayor Welu, Councilman Dove, Kintzinger, Schueller, Nays-None, Absent.-Councilman Kolb. Notice of claim of Bernard H, Evers, in the amount pf $8,45, tqr expense incurred as the result of n sewer backing up into his home on 470 Clarke Nriva, presented a n d read, Councilman Schueller mgved that tho ngtice of claim be referred tq the City Solicitor far investiga- tign and' report. Seconded by Cquncilman Kintzinger. Carried by the follgwing vgte; Yeas.-Maygr Welu, Councilmen Dove, Kintzinger, Schueller. Nays-Ngne. Absent-Councilman Kalb. OR®INANCE N0. 49.56 An Ordinance Granting Eldon J, Sauer the Right to Construct a Sanitary Sewer in Sullivan Street, and Providing the Terms and Con- ditions thereof, Be It Ordained by The City Council of The City of Dubuque; Section 1, That Eldon J. Sauer be and he is hereby granted the right to construct an eight inch vitrified the pipe sanitary sewer in Sullivan street from the exist- ing manhole at the intersection of Levi and Sullivan Streets, north- erly along the center line of Sulli- van Street a distance of 304.5 feet, upon the following terms and con- ditions; (a) That grantee agrees to con- struct said sewer within one year from the date of the adoptign of this Ordinance and to pay the en tare cost thereof, includ}ng t h e cost of restoring the surface of the street; (b) That said sower shall be constructed in accordance wit h plans approved by the State De- partment of Health and the City Manager and under the supervis- ion and direction of the City Man- ager and City Engineer; (c) That grantee will enter into a cqutract for the eonstructign of said sewer with a .qualified con- tractor which contract will, among other things, contain a clause: re• quiring the contractor to gbtain all necessary permits required by the City of Dubuque, or any other governmental agency, .a clause ob- ligating the contractor and h i s bondsmen to keep said sewer in good repair for ~a period of not less than two years from the date of the acceptance of the work, and a clause requiring the contractor to furnish a surety bond with the 388 Reguar Session, October 1, 1956 City of Dubuque named as one of the obligees, guaranteeing t h e faithful performance of said con- tract; (d) That upon the completion of said sewer and the acceptance of the same by the City Council said sewer shall become a public sew- er under the exclusive charge and control of the City of Dubuque, and its free use as such shall not be interfered with by grantee or his successors or assigns; Section 2, That the authority granted herein shall terminate on November 1,1956, unless the terms and conditions of this Ordinance are accepted in writing by t h e grantee prior to that date; Section 3. This Ordinance shall be in full force and effect from and after its final passage, adop- tion and publication as provided by law, Passed, adopted and approved this 1st day of October, A. D, 1956, CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Acceptance of Ordinance No. 49.56. Eldon J. Sauer, of the City of Dubuque Iowa having full know- edge and understanding of all the terms and conditions of Ordinance No. 49.56, hereby accepts the same as passed and agrees to comply with all the terms and conditions thereof. Accepted this..,,....,.,, day of Octo- ber A, D, 1956. Councilman Schueller moved that the reading just had be considered the first reading of the Ordinance. Seconded by Councilman Kintzing- er. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. Councilman Schueller moved that the rules be suspended re- quiring an Ordinance to be read on three separate days. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Councilman Schueller moved the adoption of the ordinance. Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of George Nipp of 720 East 22nd Street for extension of frame work for garage door two feet an Providence street, present- ed and read, Councilman Kintzin- ger moved that the petition be re- ferred to the Council and the Build- ing Commissioner to view t h e grounds, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. Petition of Dubuque Baseball Inc. requesting proposed improve- ments at the Ball Park for the 1957 season as per list of improve- ments and cost as submitted to the City Manager, presented and read. Mayor Welu moved to sus- pend the rules in order to let any- one address the Council if they so desire relative to the subject at hand, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Mr. John Petrakis addressed the Council stating the estimated cast of the contemplated improvements would amount to $55,000. He fur- ther stated that they would like to construct a roof over part of the seating capacity of the park fox approximately 2300 patrons, The park would seat about six thous- andpeople. They would also like to enlarge rest roam and dressing room facilities. Mr. Petrakis was advised that there is no provision made for such extensive improve- ments in the budget for the com- ing year. Councilman Schueller moved that the petition be referred to a joint meeting of the Council, Recreation Reguar Session, October 1, 1958 38g Commission and Park Board, Sec- onded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilman Dave, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of W. H. Kretschmer et al requesting mare stringent park- ing regulations far Henion street preferably limiting parking to the west side of the street only, from Loras Blvd. to Helena street, due to the narrowness of the street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Traffic Department for inves- tigation and report. Seconded by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of Hartig Drug Co, et al requesting two hour parking for both sides of Kaufmann avenue for a distance of one block west of Central avenue and bath sides of East Twenty-Second street for a distance of one block east of Cen- tral avenue, presented and read. Councilman Schueller moved that the petition be referred to the City Manager and Traffic Department for investigation and report. Sec- onded by Councilman Dove. Car- ried by the following vote: ~'eas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb, Petition of Cletus H. Koppen et al requesting the installation of street lights on Berkley Place, pre- sented and read, Mayor Welu mov- ed that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kalb, Petition of Earl Cady et al re- questing the erection of a street light at the right end of a certain block on Cottage Place, presented and read. Mayor Welu moved that the petition be referred to the City Manager and Electrical Inspector for investigation and report. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Petition of Gerald W. McAleece et al requesting the erection of a street light on the corner of North Algona and Decorah streets, pre- sented and read, Mayor Welu mov- ed that the petition be referred to the City Manager and Electrical Inspector for investigation and re- port. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kalb. Petition of Leo F, Rolling et al requesting the removal of a shed located at 1895 Hale street for the reason that it is a definite health hazard and further that it is out of alignment with adjacent buildings, presented and read. Mayor Welu moved that the petition be referred to the City Manager and Building Commissioner for investigation and report. Seconded by Council- man Dove. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Petition of Dubuque and Wiscon- sin Bridge Co,, requesting permis- sion to erect a modern toll house in the center of the approach to their bridge at a point about one hundred and fifty feet from its wes- terly end, presented and read. Ma- yor Welu moved that the rules be suspended in order to let anyone present address the Council if they so desire on the subject at hand. Seconded by Councilman Schueller. Carried by the following vote: ,; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Mr. Joseph Rhomberg addressed the Council stating that the Bridge Company is rather anxious to get started on the proposed project before cold weather sets in. The City Manager advised Mr. Rhom- berg that plans would have to be 390 Reguar Session, October 1, 1956 submitted and the state Highway department would have to be ad- vised. Councilman Dove moved that the petition be referred to the City Manager, Seconded by Coun- cilman Schueller, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent--Councilman Kolb, Petition of Dubuque County Dem- ocratic Central Committee request- ing permission to hang a canvass sign across the street on or about 606 Main street, presented a n d read. Councilman Schueller moved that the request be granted. Sec- onded by Councilman Dove. Car. ried by the following vote: Yeas-Mayor We1u, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of D. J, Duffy, request- ing arefund in the amount of $75,00, on cigarette License No. 205, as he has discontinued busi- ness as of September 29,.1956, pre- sented and read. Mayor Welu mov- ed that the refund be granted and the Auditor instructed todraw a warrant in the amount of $75.00, Fayable to D. J. Duffy to cover the unexpired portion of his cigarette license No. 265. Seconded by Coun- cilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent--Councilman Kolb. Petition of Erwin J. Hafeman, requesting a refund in the amount of $75,OD, on cigarette L i c e n s e Na, 200, as he has discontinued business as of September 30, 1956, presented and read. Mayor Welu moved that the refund be granted and the Auditor instructed to draw a warrant in the amount of $75.00, payable to Erwin J. Hafeman to cover the unexpired portion of his cigarette license No. 200. Second- ed by Councilman Schueller, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of Robert E. Hevey, re- questing arefund in the amount of $73,00, an cigarette license No, 232, as ho has discontinued business as of September 16, 1955, presented and read, Mayor Welu moved that the refund be granted and the Audi- tor instructed to draw a warrant in the amount of $75,00, payable to Robert E. Hevey, to cover the un- expired portion of his cigarette li- cense No, 232, Seconded by Coun- cilman Schueller, Carried by the following veto: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Petition of Frederick J: Herber,: requesting a refund in the amount of $75,00, on cigarette license No, 201, as he has discontinued busi- ness as of September 30, 1956, pre- sented and read. Mayor Welu mov- ed that the refund be granted and the Auditor instructed to draw a warrant in the amount of $75.00; payable to Frederick J. Herber, to cover the unexpired portion of his cigarette license No. 201. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of L. E. Lorenzi, re, questing a refund in the amount of $75,00, on cigarette License No. 241, as he has discontinued busi- ness as of September 29, 1956, pre- sented and read, Mayor Welu mov- ed that the refund be granted and the Auditor instructed to draw a warrant in the amount. of $75.00, payable to L. E. Lorenzi, to cover the unexpired portion of his cig- arette license No, 241, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of Dubuque Baseball Ina, requesting a refund in the amount of $100 on their Class "B" beer permit No. 16 as they have discontinued business as of Septem- ber 5, 1956, presented and read. Mayor Welu moved that the refund be granted and the Auditor in- structed to draw a warrant in the amount of $100 payable to Dubuque Baseball Inc. to cover the unexpir- ed portion of their Class "B" beer permit No. 16. Seconded by Caun- Reguar Session, October 1, 1956 391 Gilman Schueller, Carried by the increase in enrollment in children fallowing vote: at St. Joseph's School that must Yeas-Mayor Welu, Councilmen use the crossing on their way to Dove, Kintzinger, Schueller. and from school, He was advised Nays-None. that the Highway department must Absent-Councilman Kolb. again be consulted. Councilman Petition of Arnold Welter re- Dove moved :that the petition be , questing a refund of $75,00 on his , ' referred to the City Manager and Traffic Department for investiga- cigarette License No. 235 as he has ' tion and report, Seconded by May- discontinuedbusiness as of Septem- ' or Welu, Carried by the following ber 22, 1956, presented and read. ' vote; Mayor Welu moved that the re- fund be granted and the Auditor Yeas-Mayor Welu, Councilmen instructed to draw a warrant in Dove, I{intzinger, Schueller. the amount of $75.00 payable to Nays-None, Arnold Welter to cover the unex- ' Absent-Councilman Kolb, pired portion of his cigarette li- ii cense No 235 Seconded by Coun- ' petition of Merlin Palm et al, re- . . , questing the widening and surfac- cilman Schueller, Carried by the '' ing of the alley off Wooten street following vote; between Hill and McClain streets, Yeas-Mayor Welu, Councilmen presented and read, Mayor Welu Dove, Kintzinger, Schueller, moved that the petition be refer- Nays-None, red to the Council to view t h e Absent-Councilman Kolb. ', grounds, Seconded by Councilman Petition of Harold J. Love, re- I Schueller. Carried by the following questing a refund in the amount of I vote: $75.00, on his cigarette License No, Yeas-Mayor Welu, Councilmen 178, as he has discontinued busi- Dove, Kintzinger, Schueller, ness as of September 30, 1956, pre- Nays-None. sented and read, Mayor W e 1 u Absent-Councilman Kolb. moved that the refund be granted Communication of Grandview and the Auditor instructed to draw Avenue Methodist Church, Christi- a warrant in the amount of $75,00, - an Social Relations Committee, re- payable to Harold J. Love, to Gov- questing to declare the night of- er the unexpired portion of his Gilt- ficially designated as "Tricks or arette License No. 178, Seconded Treat Night" in Dubuque to be al- by Councilman Schueller. Carried so observed in the City as "Trick by the following vote: or Treat far UNICEF" in order to Yeas-Mayor Welu, Councilmen help the needy children through- Dove, Kintzinger, Schueller, out the world, presented and read. Nays-None.,. City Solicitor Nelson raised t h e Absent-Councilman Kolb. question as to a solicitation of this Petition of St. Joseph's Church, sort because the organization does signed by three hundred members not have a local chapter. Council- of St. Joseph's Parish, requesting man Schueller moved that the pe- the Council to review the installa- tition be referred to the City Man- tion of a traffic control device at alter, City Solicitor and Mayo r the intersection of Concord street with authority to act, Seconded by with U.S. Highway No, 20, present- Councilman Dave. Carried by the ed and read. Mayor Welu moved following vote: that the rules be suspended in or- Yeas-Mayor Welu, Councilmen der to let anyone address the Dove, Kintzinger, Schueller. Council if they so desire relative Nays-None. to the subject at hand, Seconded Absent-Councilman Kolb. by Councilman Schueller. Carried Petition of Walter P, Koenig of by the fallowing vote: 1375 Finley street, requesting per- Yeas-Mayor Welu, Councilmen mission to excavate in Finley Dove, Kintzinger, Schueller. street for the purpose of connect- Nays-None. Absent-Councilman Kolb. ing to the gas main, presented and read. Mayor Welu moved that Mr, Francis J. O'Connor addres- the petition be referred to the City sed the Council stressing the great Manager for investigation to see ;'' ~' ~, 1, . 392 Reguar Session, October 1, 1956 what the actual conditions are, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 195.46 BE IT RESOLVED by the C i t y 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 George J. Zillig, 342 Eighth Ave- nue, Rita B. Love, 802 Iowa Street, BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 1st day of October, 1956. CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Schueller move d the adoption of the resolution. Sec- onded by Councilman Kintzinger. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 196.96 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following applications be 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 Rita B. Love, 802 Iowa Street, John E, and June M. Noel, 2400 Central Avenue. Thomas E, Nacos, 720 I o w a Street. Joseph A. Kramer, 55 East 7th Street. John J, Hickey, 55 Locus t Street. Fred Frary, 2220 University Av- enue, George J. Zillig, 342 Eighth Av- enue, CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans Club, Inc., 9511/z Main Street. CLASS "C" PERMIT Arthur H. Eichman, 2119 Rhom- berg Avenue. Merlin Apel, 1195 Dodge Street. Passed, adapted and approved this 1st day of October, 1956. CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councllmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller move d the adoption of the resolution Sec- onded by Councilman Dove. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 197.56 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 wibh the ordinances of t h i s 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 Rita B, Lave, 802 Io~va Street. John E. and June M, Noel, 2400 Central Avenue. Thomas E. Nacos, 720 I o w a Street. Joseph A. Kramer, 55 East 7th Street. Jahn J, Hickey, 55 Locust Street. Fred Frary, 2220 University Av- enue. Reguar Session, October 1, 1956 393 George J. Zillig, 342 Eighth Av- enue, CLASS "B" PERMIT FOR PRIVATE CLUB Disabled American Veterans Club, Inc., 951~/z Main Street. CLASS "C" PERMIT Arthur H. Eichman, 2119 Rhom- berg Avenue. Merlin Apel, 1195 Dodge 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 1st day of October, 1956. CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller move d the adoption of the resolution Sec- onded by Councilman Dove, Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 198.96 Preliminary approval of plans, specifications, plat and schedule for the construction of Hodgen street from the south property line of Clarke Drive to a point 141 feet south with Asphaltic Maca- dam Surfacing, at an estimated cost of $658.00 presented and read. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. (Necessity for Improvement) RESOLUTION N0. 199.96 WHEREAS, proposed plans, spe- cifications, plat and schedule have been duly prepared and approved by the City Council of the Cty of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment, 4, Each lot proposed to be as- sessed together with a valuation fixed by the council 5. An estimate of the cast of the proposed improvement, 6. In each case the amount there- of which is estimated to be assess- ed against each lot, far the im- provement of Hodgen Street from the South Property Line of Clarke Drive to a paint 141 feet south with Asphaltic Macadam Surfacing. BE IT THEREFORE RESOLV- ED that the City Council or upon petition of property owners, deems it advisable and necessary for the public welfare to make the herein mentioned improvement, and un- less property owners at the time of the final consideration of this pro- posed resolution have on file with the City Clerk objections to t h e amount of the proposed assess- ments, they shall be deemed to have waived all objections thereto. Said improvements shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment wlll be assessed upon and against all privately owned proper- ty lying within assessable distance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto according to area and in proportion to the spe- cial benefits conferred thereby, la- bor & equipment cost shall be paid out of the street improvement fund, bonds shall be issued and sold in anticipation of deferredpay- ments of assessments when a con- tract has been performed and ac- cepted and the proceeds thereof used to pay the contractor. T h e railway portion of any street or assessment district shall be asses- sed to and paid by the railway com- pany. The above resolution was intro- duced, approved and ordered plac- i:!, . 394 Reguar Session, October 1, 1956 ed on file with the City Clerk this 1st day of October, 1956. Approved and placed on file for final action. Approved CLARENCE P. WELD Mayor LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. (Fixing da4e of hearing) RESOLUTION NO. 200.56 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No, 19856 given its pre- liminary approval on the proposed plans, specifications and placed same on file in the office of the City Clerk for public inspection, for the improvement of Hadgen Street from the South Property Line of Clarke Drive to a point 141 feet south with Asphaltic Macadam Surfacing and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLV- ED that on the 5th day of Novem- ber, 1956, a public hearing will be held at 7:30 o'clock p.m. in the Council Chamber in the City of Dubuque at which time the owners of property subject to assessment for the proposed improvement may appear and make abjection to the proposed plans and specifica- tions and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assess- ed against any lot and to the pas- sage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published in some newspaper published in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said resolution have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council w i 11 hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 1st day of October, 1956, CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller move d the adoption of the resolution, Sec- onded by Councilman Dave, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of Dubuque Trades & Labor Congress to set forth a "Register to Vote" week, recom- mending the week of October 15 to 20, to make it possible for citi- zens to register in neighborhoods, presented and read. A rather leng- thy discussion took place after the reading of the petition and the question was raised whether or not certain places could be selected throughout the City to r e g i s t e r citizens for voting. The commis- sioner of registration mentioned the fact that a good many duplications of registry would occur if people were allowed to register other pla- ces outside of the City Hall, unless the registry files were available. It was further stated that the only possible way the original registra- tion records could be moved from the City Hall would be by a Court Order. Councilman Schueller mov- ed that the Clerk work in coopera- tion with the committee making the request, Chairmen of both po- litical parties and the League of Women Voters to see what could. be done in this regard. Seconded 13eguar Session, October 1, 1956 by Councilman Kintzinger. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb, There being no further business Councilman Schueller moved to adjourn, Seconded by Councilman Kintzinger. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. LEO F, FROMMELT City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957 Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957 Councilmen ~ ,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,, ,,,, Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, City Clerk 395 ~.. 396 Regular Session, October 1, 1956 ~ ® ~~ -_,y'~ i ~' ~ d r! ~ _- ~' (OFFICIAL) Regular Session, October 1, 1955. Board met at 10:25 p.m. Present-Chairman Clarence P, Welu, Messrs, Charles E. Dave, Charles A, Kintzinger, Leo N. Schueller. Absent-Mr. Ray F. Kolb, Dr. A, J. Entringer. IOWA STATE DEPARTMENT OF HEALTH DES k101NES, IONIA September 28, 1956 Mr, Leo Frommelt City Clerk, Dubuque, Iowa. Attention Local Board of Health Gentlemen: The application for renewal of li- cense by Mr, C, H. Reckord to op- erate the mobile home park known as Reckord Texaco Service during the calendar year 1956 has been approved. The yellow copy of his applica- tion for renewal of license is en- closed for your file, Very truly yours, DIVISION OF PUBLIC HEALTH ENGINEERING C, L, CAMPBELL Public Health Engineer Mr, Charles A. Kintzinger mov- ed that the communication be re- ceived and filed. Seconded by Chairman Clarence P, Welu, Car- ried by the following vote: Yeas -Chairman Clarence P, Welu, Messrs. Charles E. Dove, Charles A, Kintzinger, Leo N. Schueller, Nays-None. Absent-Mr, Ray F. Kolb, Dr. A. J, Entringer, 10~'A STATE DEPARTMENT OF HEALTH DES f~01NES, IOtRIA September 28, 1956 Mr, Leo Frommelt City Clerk, Dubuque, Iowa. Attention Local Board of Health Gentlemen; The application for renewal of li- cense by Mr. Frank C. Wieland to operate the mobile home par k known as Wieland Mobile Park dur- ing the calendar year 1956 has been approved, The yellow copy of his applica- tion for renewal of license is en- closed for your file. Very truly yours, DIVISION OF PUBLIC HEALTH ENGINEERING C, L. CAMPBELL Public Health Engineer Mr. Charles A. Kintzinger maw ed that the communication be re- ceived and filed. Seconded by Chairman Clarence P. Welu. Car- ried by the following vote: Yeas -Chairman Clarence P, Welu, Messrs, Charles E. D o v e, Charles A. Kintzinger, Leo N, Schueller, .Nays-None. Absent-Mr. Ray F. Kolb, Dr, A. J. Entringer, There being no further business Mr, Leo N, Schueller moved that the Board of Health meeting ad- journ. Seconded by Mr. Charles A. Kintzinger. Carried by the fol- lowing vote; Yeas -Chairman Clarence P. Welu, Messrs, Charles E. Dove, Charles A. Kintzinger, Leo N, Schueller, Nays-None, Absent-Mr. Ray K. Kolb, Dr, A. J, Entringer, LEO F, FROMMELT Clerk Board of Health Approved ................................1957 Adopted ..................................1957 Members of ,,,,,,,,,,,,,,;,,,,,,,,,,,,,,,,,,,,, Bd, of Health ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Attest ................................................ Clerk, Board of Health Special Session, October &, 1956 ~~ (OFFICIAL) Special Session October 8, 1956, Council met at 7:30 p.m. Present-Mayor Welu, Council- men Dove, Kintzinger, Schueller, City Manager Schiltz. Absent-Councilman Kolb. 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 con- ducting apublic hearing and re- ceiving sealed proposals for the construction of the Catfish Creek Sanitary Sewer and acting on any other business as may properly come before a regular meeting of the City Council. Proof of Publication, certified to by the Publisher, of public hearing of notice to contractors of the re- ceipt of proposals far the construc- tion of the Catfish Creek Sanitary Sewer, presented and read. Coun- cilman Schueller moved that the proof of publication be received and filed. Seconded by Councilman I{intzinger. Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. Sealed bids were opened a n d read for the construction of the Catfish Creek Sanitary S e w e r from the following firms: D a n Christensen, Cedar Rapids, Iowa- Coyle Construction Co., East Du- buque, Illy Garrett Construction Co. Madison, Wis, -Hennessey Bros. Inc., Cedar Rapids, Iowa -McDonnell Excavating Service, Dubuque, Iowa-Normoyle & Berg Co., Rock Island, III.-Saffron Con- struction Co. Dubuque, Iowa - Schueller & Co. Dubuque, Iowa- Quad City Construction Co. Rock Island, Ill, Councilman Kintzinger move d that the bids be referred to the Council for study and review and that the contracts be awarded at a meeting of the Council to be held on Thursday evening, October 11, 1956, at 8 o'clock p.m. Seconded by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. Proof of publication, certified to by the Publisher, of notice of pub- lic hearing on Ordinance No, 44-56, an Ordinance amending the Zoning. Ordinance and Zoning Map of the City of Dubuque by Changing the Classification of the herein describ• ed real estate from Single Family Residence District Classificiation to Two .Family Residence District Classification, presented and read. Councilman Schueller moved that the proof of publication be receiv- ed and filed. Seconded by Council- man Kintzinger, Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. ORDINANCE N0, 44.56 An Ordinance amending the Zon- ing Ordinance and Zoning Map of the City of Dubuque by Changing the Classification of the herein described real estate from single family Residence District Classifi- cation to Two Family Residence District Classification, having passed upon first reading on Sep- tember 4, 1956, and ordered placed on file with the City Clerk for pub- lic inspection pending public hear- ing on October 8,1956 was present- ed for final adoption. Ordinance No, 44.56 An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dubuque by Changing the Classification of the herein described real estate from Single Family Resi- dence District Clasification to Two Fami]y Residence District Clasifi- cation. Be It Ordained by the City Council of The City of Dubuque, Iowa; Section 1. That Ordinance No. 3-34, known as the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same is hereby amended by changing from its present Single Fam- ily Residence District Classification to Two Family Residence District Classification, the following described property in the City of Dubuque: Beginning at a point at the north- east corner of North Grandview Ave- nue and West Third Street, thence northerly along the east line of North Grandview Avenue to a point one hundred feet south of the south line of Delhi Street, thence easterly along' a line parallel to and one hundred feet south of the south line of Delhi Street one hundred feet, thence south- erly along a line paralie] to and one 398 Special Session; October 8, 1956 hundred feet east of North Grandview Avenue to the north line of West Third Street, thence westerly along the northerly line of West Third Street to the point 'of beginning. Section 2. This Ordinance shall be in full force and effect from and after its final passage, adoption and publi- cation as by law provided, Introduced the 4th day of Septem- ber,, 1966. Rule requiring reading on three separate days suspended by unanimous vote the 4th day 'of September, 1956. Passed, adopted and approved this 8th day of Octbbe'r, 1956. GLARENCE P. WELU, 114ayor LEO N, SCHUELLER 'CHARLES A. KiNTZINGER CHARLES E. DOVE, Coitnci]meri Attest: Loo F. Frommelt, City Cleric, Ptblished officially in the ~'ele- graph-Retard Newspaper this 11th day of October .1956. LEO F, ~'ROMMELT, lt, lb/11 City Clerk Councilman Schueller moved the adoption of the Ordinance. Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent=Councilman Kolb. Proof of publication; certified to by the Publisher, of notice of pub- lic hearing on Ordinance No. 45-56, an Ordinance amending the Zoning Ordinance of the City of Dubuque by repealing sub-section "j" of Section 1 of Article 4 of the Zoning Ordinance of the City of Dubuque and Enacting substitutes therefor to authorize additional uses in the Multiple Residence District, pre- sented and read, 1GIayor Welu mov- ed that -the proof of publication be received and filed, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove; Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. ORDIAEANCE N0. 45.36 An Ordinance amending the Zon- ing Ordinance of the City of Du- buque by repealing Sub-section "j" of Sectipn 1 of Afticle'4 of the Zon- ing Ordinance of the City of Du- buque and Enacting Substitutes therefore to authorize additional Uses in the Multiple Residence Dis~iet; having been passed upon first reading 'on September 4, 1956 and ordered placed on file with the City 'Clerk #or public inspection pending public hearing on October 8, 1956 teas '~f'esented fo"r final adoption, Ordinance No, 45.56 An Ordinance Amending the Zoning Ordinance of the City of ubuque by Repealing Sub-section "j" oP- Sec= tion 1 of Article 4 of the Zoning Ordinance of the City of Dubupue and Enacting Substitutes Therefore to Authorize Additional Uses in the Multiple Residence District, Be It Ordained by The City Council of The City of Dubuque: Section 1. That Sub-section "'j" of Section 1 of Article 4 of Ordinance No. 3-34, designated "Zoning 'Ordi- nonce" of the City of Dubuque be and the same is hereby repealed. Section 2. That Section 1 of Article 4 of Ordinance No. 3-34 fs herey amended by adding a new Sub-section ~" theroto as follows: `y"-Prgfessional office or studio of a physician, surgeon, doctor, den- tie}, architect, musiofan, lawyer nr' similar profession, withih the follow- ing described area: Beginning at a point on the easC line of Bluff Street one hundred feet north of the north line of West Ninth. Street, thence east to the 'center line of the alley first east of B1ufP Street; thence north along the center line of the alley Yirst east oP Bluff Street to the center line of West Eleventh Street, thence east on the center line of West. Eleventh Street to the center line of the alley between Locust and Main Streets, thence north an the center lino 'of the alley between Main and Locust Streets to the north line of the Middle 1/5 of City Lot 473, thence west along tho north line of the Midd6'e b/5 of 'City Lot 173 bhe hnn- deed and fourteen feet, thence south along trio west Line bf City Lot 473 (which is the east line of Locust Street extended) and along the east line of I,ogilst Street to th& south line of West Fifteenth Street, thence west along the south line of West. Fifteenth Street to the center line of Bluff Street; thence south along the center line of Bluff Street to the center line of Loras Boulevard; thence west along the center line of Loras Boulevard to a point one hundred feet west of the west line of Bluff Street, thence south along a line one hundred Pe'ot Nest of and parallel to the west line of Bluff Street to the north line of West Ninth Street, thence east along a line one hundred feet north of the north Line of West. Ninth Street to a point on the east line of B1ufF Street one hundred feet north of the north line oP West Ninth Street, which is the point cf beginning, and the area further des- cribed: Beginning at the point of the in- tersection of the center lines of Loras Boulevard and Walnut Street, thence east on the center line of Loras Boulevard to a Point one 'hundred and twenty feet east oP the east line of Prairie Street ,thence south on a line ono hundred and twenty feet east of the east line oP Prairie Street to the center line of the aney first. south of Loras Boulevard, thence west. along the center line of the al- ley first south oP Loras Boulevard to the center line of Prairie Street; thence south along the center lice of ;?retie Street to the point of the intersection of the center lines of Prairie Street and Chestnut Streets, thence west along the center line bf Chestnut Srteet to the 7ioint 6f the intersection of the center lines of Chestnut Street and Walnut Street, thence north along the center line cf Walnut Street to the center line of Loras Boulevard, which is the point of Special Session, October S, 1956 beginning, provided that no goods ar publicly displayed on the preni~ses, an that no sign m• advertisements ar fession otf the person usingetheao fi~ or studio and such sign or nameplat shall not exceed five (b) equate fee in area." ins full nforceTlandOeffect cfromallan after its Final passage, adoption, aqd publication as by law provided, Introduced the 4th day of Septerra- ber, 1956. Rule requiring reading on three separate days suspended by unanimous vote the 9th day of September, 1966, Passed, adopted and approved this 3th day of October, 1956, GLARENCE P. WELU, Mayor LE0 N. SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Attest: Leo F. Frommelt Councilmen, City Clerk Published officially in The Tele- gnaph-Hertild neryspaper this 11th day of October 1956. 1t 10/11 LEO F. FROMMELT, City Cleric. Mayor Welu moved the adoption of tite Ordinance, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Cpunciltnen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. Notice of claim of Marvin Sitz- man, in the amount of $30,36, for damages to his car as the result of striking a hole in the street on Thirty Second Street on October 1, 1956, presented and read. Council- man Kintzinger moved that the no- tice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kintzinger. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schuoller. Nays-None, Absent-Councilman Kolb. Petition pf Fred Beau et al re- questing the widening and regrad- ing of the alley between Mt, Plea- sant and Wood street and extend- ing from Loras Blvd, to Woo d street, presented and read, Coun- cilman Iintzinger moved t h a t the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. Petition of Dubuque Sports Bowl inc. requesting refund in the amount of $150 on their Class "B" beer permit No. 77, as they have . 3,99 a discontinued business as. of ,Sep- e tember 13, 1956 presented aqd e read. Councilman Kintzinger mov- e ed that the request be granted aild t the Auditor instructed to draw a e warrant, in the amount of $150. d payable to Dubuque Sports Bowl Inc,, to cover the amount due on the unexpired portion of their Glass "B" beer permit No. 77, Seepnded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. RESOLUTION NO, 201.56 Resolution Determining the Neces- sity for Acquiring certain interests in Real Estate for the Construc- tion of Catfish Creek Sanitary Sew- er and Directing the City Solicitor to Institute Proceedings. Whereas, the City Council h a s heretofore determined that public convenience and necessity require the construction of Catfish Creek Sanitary Sewer in accordance with plans and specifications heretofore adopted; and Whereas, it appears to the City Council that in order to construct said sewer in accordance with said plans and specifications it is necessary for the City of Dubuque to acquire EdSEi}tEtlt p, An easement for sanitary sewer 20 feet in width across Mineral Lot 248 in Dubuque County, Iowg, extending 10 feet on each side of a center line descr}bed qs fglloWs: Boginnng at a Point on east line of Lot 2 of East '/z pf the N,W,1/4 of N,W,~/a Sec. 27 T89N R2E pf 5 P,M, 25 feet north of southeast cor- ner of said Lot; thence east for a distance of 10 feet; thence south 0°26' east 157,33 feet; thence south 60°10' east 383.85 feet; thence south 33° 24' east 688.Od; feet; thence south 62°50' east 704,33 feet; thence south 68°10' cash 489,78 feet; thence east 68°28' north 256.15 feet to Point B on said Center Line; thence south 48°42' east approximately 20 feet to, the southeast propehty line, Together with the right to enter upon said land for the purpose of constructing said seiner and main- taining and repairing the s a m e thereafter, and r ~' ~_ i' _ ~, E 400 Special Session, October 8, 1956 Whereas, the City Manager has reported to the City Council that he has negotiated with the owners of said real estate and has been unable to arrive at a mutually sat- isfactory price; NOW THEREFORE, BE IT RE• SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby de- termined that the public interest and necessity require the acquisi- tion of the above described inter- est in the-above described real es- tate by the City of Dubuque, Iowa, for the construction of the Catfish Creek Sanitary Sewer; Section 2, That the City Solici- tor be and he is hereby instruct- ed and directed to institute con- demnation proceedings under t h e provisions of Chapter 472 of the 1954 Code of Iowa in the name of the City of Dubuque to acquire the above described interest in the above described real estate for the City of Dubuque and determine the damage resulting from such ac- quisition. Passed, adopted and approved this 8th day of October, A.D, 1956, CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution, Sec- onded by Councilman Dove, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. RESOLUTION N0.202.56 Resolution Determining the Neces- sity for Acquiring certain interests in Real Estate for the Construc- tion of Catfish Creek Sanitary Sewer and Directing the City So- licitor to Institute Proceedings. Whereas, the City Council has heretofore determined that public convenience and .necessity require the construction of Catfish Creek Sanitary Sewer in accordance with plans and specifications herete- fore adopted; and Whereas, it appears to the City Council that in order to construct said sewer in accordance wit h said plans and specifications it is necessary for the City of Dubuque to acquire Easement 9 An easement for sanitary sewer 20 feet in width across Mineral Lot 248 in Dubuque County, Iowa, extending 10 feet on each side of a center line described as follows: Beginning at Point B on the cen- ter line of Jenni Easement A thence east 78°45' north 971.40 feet to the City Corporation Limit which is the North Property Line, Together with the right to enter upon said land for the purpose of constructing said sewer and main- taining and repairing the s a m e thereafter. and Whereas, the City Manager has reported to the City Councll that he has negotiated with the owners of said real estate and has been unable to arrive at a mutually satisfactory price; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That it is hereby de- termined that the public interest and necessity require the ac- quisition of the above described interest in the above described real estate by the City of Du- buque, Iowa, for the construction of the Catfish Creek Sanitary Sew- er; Section 2. That the City Solicitor be and he is hereby instructed and directed to institute condemnation proceedings under the provisions of Chapter 472 of the 1954 Code of Iowa in the name of the City of Dubuque to acquire the above des- cribed interest in the above des• cribed real estate for the City of Dubuque and determine the dam- age resulting from such acquisi- tion. Passed, adopted and approved this 8th day of October, A.D. 1956, CLARNCE P, WELU Mayor LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Sec- Special Session, October 8, 1956 401 onded by Councilman Dove. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. RESOLUTION N0. 203.56 Resolution Determining the Neces- sity for Acquiring certain interests in Real Estate for the Construc- tion of Catfish Creek Sanitary Sew• er and Directing the City Solicitor to Institute Proceedings, Whereas, the City Council has heretofore determined that public convenience and necessity require the construction of Catfish Creek Sanitary Sewer in accordance with plans and specificiationns hereto- fore adopted; and Whereas, it appears to the City Council that in order to construct said sewer in accordance with said plans and specifications it is necessary for the City of Dubuque to acquire Easement C An easement for sanitary sewer 20 feet in width across Lot 2 of the East V2 of Northwest r/a of Northwest 1/a of Section 17, T89 NR 2E of 5 P.M, extending 10 feet on each side of a center line des• cribed as follows; Commencing at a point on the east line of said Lot 25 feet north of the southeast corner of said Lot; thence west along a line 25 feet north of and parallel to, the south line of said Lot for a dis• tance of 511.02 feet; thence north along a line 195.80 feet west of and parallel to the east line of said Lot to the south line of Folks Sub• division in the City of Dubuque, Iowa. Together with the right to enter upon said land for the purpose of constructing said sewer and main- taining and repairing the same thereafter. and Whereas, the City Manager has reported to the City Council that he has negotiated with the owners of said real estate and has been unable to arrive at a mutually sat- isfactory price; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; :Section 1, That it is hereby de• termined that the public inter- est and necessity require the ac- quisition of the above described in- terest in the above described real estate by-the City of Dubuque, Iowa, for the construction of the Catfish Creek Sanitary Sewer; Section 2. That the City Solicitor be and he is hereby instructed and directed to institute condem- nation proceedings under the pro- visions of Chapter 472 of the 1954 Code of Iowa in the name of the City of Dubuque to acquire the above described interest in t h e above described real estate for the City of Dubuque and determine the damage resulting from such acqui- sition, Passed, adapted and approved this 8th day of October, A.D, 1956, CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZIlVGER CIIARLES E, DOVE Councilmen Attest: LEO F. FROMMELT, City Clerk Councilman Kintzinger moved the adoption of the resolution, Sec- onded by Councilman Dove, Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kalb, RESOLUTION N0. 204.56 Resolution Determining the Neces- sity far Acquiring certain interests in Real Estate for the Construc- tion of Catfish Creek Sanitary Sew- er and Directing the City Solicitor to Institute Proceedings, Whereas, the City Council has heretofore determined that public convenience and necessity require the construction of Catfish Creek Sanitary Sewer in accordance with plans and specifications heretofore adopted; and Whereas, it appears tc the City Council that in order to construct said sewer in accordance wit h said plans and specifications it is necessary for the City of Dubuque to acquire Easement A An easement for sanitary sewer 20 feet in width across Lot 1 of the Subdivision of Lot 2 of Miner- al Lot 237 and Lot 2 of Mineral Lot 238 in Dubuque County, Iowa, extending 10 feet on each side of 402 Special Session, October 8, 1956 a center line described as fol- lows: Beginning at the southeast cor- ner of said Lot which point is des- ignated Point A; thence north 60° 5T west 41 feet to Point B; thence north 4°38' east 320.10 feet, thence north 46°23' east 107,9 feet to point ~ which is on the easterly proper- ty line of said Lot, Together with the right to enter upon said land for the purpose of constructing said sewer and main- taining and repairing the s a m e thereafter. and Whereas, the City Manager has reported to the City Council that he has negotiated with the owners of said real estate and has been unable to arrive at a mutually sat- isfactory price; NOW THEREFORE, BE IT RE- SQLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, Section 1. That it is hereby de- termined that the public interest and necessity require the acquisi- tion of the above described inter- est in the above described real es- tate by the City of Dubuque, Iowa, for the construction of the Catfish Creek Sanitary Sewer; Section 2. That the City Solici- tor be and he is hereby instruct- ed and directed to institute con- demnation proceedings under t h e provisions of Chapter 472 of the 1954 Code of Iowa in the name of the City of Dubuque to acquire the above described interest in t h e above described real estate for the City of Dubuque and determine the damage resulting from such acgtusition. Passed, adopted and approved this 8th day of October, A,D. 1956. CLARENCE P, WELU Mayor LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attost; LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution, Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb, RESOLUTION N0, 205.56 Resolution Determining the Ne- cessity for Acquiring certain inter- ests in Real Estate for the con• struction of Catfish Creek Sanitary Sewer and Directing the City Solici- tor to Institute Proceedings, Whereas, the City Council has heretofore determined that public convenience and necessity require the construction of Catfish Creek Sanitary Sewer in accordance with plans and specifications heretofore adapted; and Whereas, it appears to the City Council that in order to construct said sewer in accordance with said plans and specifications it is neces- sary for the City of Dubuque to acquire Easement B An easement for sanitary sewer 20 feet in width across Lot i of the Subdivision of Lot 2 of AZineral Lot 237 and Lot 2 of Mineral Lot 238 in Dubuque County, Iowa, ex- tending 10 feet on each side of a center line described as follows; Beginning at Paint B of Ease- ment Athence north 56 degrees 45' west 510,1 feet to Point C which is the westerly property line of said Lot. Together with the right to en• ter upon said land for the purpose of constructing said sewer and maintaining and repairing the same thereafter. and Whereas, the City Manager has reported to the City Council that he has negotiated with the owners of said real estate and has been unable to arrive at a mutual- ly satisfactory price; NOW THEREFORE, BE IT RE- SOLVED BY THE CITY COUN• CIL OF THE CITY OF DUBUQUE, IOWA: Section 1, -That it is hereby de- termined that the public interest and necessity require the acquisi- tion of the above described inter- est in the above described real es- tate by the City of Dubuque, Iowa, for the construction of the Catfish Creek Sanitary Sewer; Section 2, That the City Solicitor be and he is hereby instructed and directed to institute condemnation proceedings under the provisions of Chapter 472 of the 1954 Cade of Iowa in the name of the City of Du- buque to acquire the above de• Special Session; October 8, 1958 443 scribed interest in the above de- scribed real estate for the City of Dubuque and determine the dam- age resulting from such acquisi- tion. Passed; adopted 'and approved this 8th day of October; A.D, 1956, GLARNCE P, WELD Mayor LEO N, SCHEULLER CHARLES A, KINTZINGER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Kintzinger moved the adoption of the resolution. Sea onded by Councilman Dove. Car- ried by the following vote: Yeas-Mayor We1u, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. RESOLUTION NO, 206.56 WHEREAS, application for Class '`$" $eer Permit has been submit- ted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with t h e terms of the ordinances of this City, CLASS "B" PERMiT Name Address Joseph E, Reisdorf, 1101 Rhom• berg Avenue, Passed, .adapted and approved this 8th day of October, 1956. CLARENCE P. WELU Mayor LED N, SCHUELLER CHARLES A, KINTZINGER CH-ARLES E, DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays=None. Absent-Councilman Kalb. RESOLUTION N®, 2f}fi5b WHEREAS, heretofore applica- tion for -Class `B" Beer Permit was filed by the within named ap- plicant and it has received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond: NOW; THEREFORE, , BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is di- rected to issue to the following named applicant a Beer Permit. CLASS "B" PERMIT Name Address Joseph E. Reisdorf, 1101 Rhom- berg Avenue. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved. Passed, adopted and approved this 8th 'day of October; 1956, CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved th+e adoption of the resolution; Second- ed by Councilman Kintzinger. Car- ried by the following vote: Yeas-Mayor Welu; Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None, Absent-Councilman Kolb. RESOLUTION N0. 208.56 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 pei'- mit to sell cigar'ettos and cigarette papers within said City. Name Address Joseph E. Reisdorf, 1101 R,hain- berg Avenue. BE IT FURTHER RESOLVED that the hand filed with the appli- cation be approved. Passed, adopted and approved this 8th day of 'October, 1956, CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES A. KINTZINGER CHARLES E, DOVE Councilm~on Attest: LEO F, FROMMELT City Clerk ~' ', 404 Special Session, Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kintzinger. Car- ried by the fallowing vote: Yeas-Mayor W~elu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. October 8, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; I have received an agreement drawn by the Illinois Central Rail• road authorizing the City to con- struct asanitary sewer pipe line across and within the railroad's right-of-way at twelve locations on the Catfish Creek Sanitary Sewer Project, I recommend that the Mayor and City Clerk be authorized to sign this agreement on behalf of the City and that the proper resolution be passed. Respectfully submitted, L. J, SCHILTZ, City Manager, Councilman Kintzinger moved that the recommendation of the City Manager be approved. Second- ed by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb, RES®LUTION N0. 209.56 Whereas, the City of Dubuque is contracting for the construction of an Interceptor Sewer that crosses and parallels the Illinois Central right-of-way at several locations, it is necessary that an agreement be executed between the railroad and the city, THEREFORE, BE IT RESOLV- ED by the City of Dubuque, Iowa, that the Mayor and City Clerk are hereby authorized to execute the agreement dated October 8, 1956, with the Illinois Central Railroad Company, a copy attached, to con- struct and maintain a sanitary sew- er pipe line across and underneath the waylands and tracks of the railroad near Dubuque, Iowa, BE IT FURTHER RESOLVED that a certified copy of this Reso- October 8, 1956 lution be transmitted to the Illinois Central Railroad Company. CLARENCE P, WELU Mayor LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT City Clerk CERTIFICATION I, Leo F, Frommelt, City Clerk of City of Dubuque, Iowa, do here- by certify the foregoing to be a true and correct copy of a resolution adopted by said City of Dubuque, Iowa, at a meeting on October 8th, 1956; that said resolution is still in effect; that the agreement refer- red to therein, attached thereto, is in the form presented to said meeting and in the form executed. Witness the seal of said City of Dubuque, Iowa and my signature this 8th day of October, 1956. LEO F. FROMMELT Name City Clerk Title (City Seal) Mayor Welu moved the adoption of the resolution, Seconded by Councilman Schueller, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. ~ Absent-Councilman Kolb, Councilman Kintzinger m o v e d that Les Harney be re-appointed to the Airport Commission for t h e term to succeed himself ending September 14, 1962, Seconded by Mayor Welu, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None, Absent-Councilman Kolb. There being no further basiness Councilman Schueller moved to ad- journ. Seconded by Councilman Kintzinger, Carried by the follow- ing vote; r Special Session October 8, 1956 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. LEO F, FROMMELT City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1956 Adopted ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1956 Councilmen ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Attest ................................................ City Clerk 405 406 Special Session, October 11, 1956 y~t~i,~ < ~.~ ~ ~ ~~~'~a (OFFICIAL) Special Session, October 11, 1956. Council met at 8 p.m. Present-Mayor Welu, Council- men Dove, Kintzinger, K o i 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 awarding the contracts for the con- struction of the Catfish Creek San- itary Sewer and acting on any oth- er business as may properly come before a regular meeting of the City Council. October 10, 1956 Tc the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Enclosed you will find a tabula• flan of the bids received at 7:30 o'clock p,m, on the 8th of October, 1956, for the construction of the Catfish Creek Sanitary Sewer. The following contractors were the lowest and best bidders on the four sections of the project: Sec. 1 Schueller & Company of Dubuque, Iowa $98,946,00 Sec. 2, Schueller & Company of Dubuque, Iowa $334,382.00 Sec. 3, Saffron Construction Com- pany of Dubuque, Iowa. $60,170.50 Sec. 4. McDonnell Excavating Service of Dubuque, Iowa $55,447,80 The total amount of the four sec- tions is $548,946,30 and the total is 8,06 per cent above the engineer's estimate. I, therefore, recommend that the various sections be awarded to the above mentioned contractors for the construction of the Catfish Creek Sanitary Sewer. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of the City Man- ager be approved. Seconded by Mayor Welu, Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Mayor Welu moved that. the bid deposit checks be returned to the un-successful bidders. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. (Awarding Contract) RESOLUTION NQ. 210.96 WHEREAS, sealed proposals have been submitted by contractors far the Catfish Creek Sanitary Sew- er Section No. 1 pursuant to Reso• lution No, 167-56 and notice to bid- ders published in a newspaper pub- lished in said City on September 4, 1956 and September 11, 1956; and WHEREAS, said sealed propos- als were opened and read an Octo- ber 8th at 7:30 p.m., 1956, and it has been determined that the bid of Schueller and Company of Du- buque, Iowa, in the amount of $98, 946,00 was the lowest bid far the furnishing of all labor and materi- als and performing the work as provided for in the plans and spe- cifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention• ed improvement be awarded to Schueller & Company of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete perform- ance of said work, BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Approved, Passed and adopted this 11th day of October, 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 the a- doption of the resolution. Seconded by Councilman Schueller, Carried by the fallowing vote: Yeas-Mayor Welu, Councllmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Spacial Session, Octobor 11, 1956 407 (Awarding Contract] RESOLUTION N0. 211.56 WHEREAS, sea 1 e d proposals have been submitted by contractors for the Catfish Creek Sanitary Sew- er Section No, 2 pursuant to Reso- lution No. 167.56 and notice to bid- ders published in a newspaper pub- lished in said City on September 4, 1956, and September 11, 1956; and WHEREAS, said sealed propos• als were opened and xead on Octo- box 8th at 7:30 p.m., '1956, and it has been determined that the bid of Schueller and Company of Du. buque, Iowa, in the amount of $334,382.00 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spe- cifications; now therefore, Bl IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Schueller and Company of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the com- plete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc• cessful bidders. Approved, Passed and adopted this 11th day of October, 1956, CLARENCE P. WELD Mayor RAY F. KOLB LEO N. SCHUELLER CHARLES A, KINTZINGER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Kolb moved the adoption of the resolution, Second- ed by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller, Nays-None. (Awarding Contract) RESOLUTION N0. 212.56 WHEREAS sea 1 e d proposals have been submitted by con- tractors for the Catfish Creek Sani- tary Sewer Section No, 3 pursuant to Resolution No, 167.56 and notice to bidders published in a newspa• per published in said City on Sep- tember 4, 1956 and September 11, 1956; and WHEREAS, said sealed propos- als were opened and read on Octo- ber 8th at 7:30 p.m,, 1956, and it has been determined that the bid of Saffron Construction Company of Dubuque, Iowa, in the amount of $60,170.50 was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spe- cifications; new therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mention- ed improvement be awarded to Saf- fron Construction Company of Du- buque, Iowa, and the Manager be and he is hereby directed to exe- cute acontract on behalf of the City of Dubuque for the complete performance of said work. BE IT FURTHER RESOLVED, that upon the signing of said cony tract and the approval of the con- tractors bond the City Treasurer is authorized and instructed to re- turn the bid deposits of the unsuc- cessful bidders. Approved, Passed and adopted this 11th day of October, 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 Schueller moved the adoption of the resolution, Second- ed by Councilman Kolb, .Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, (Awarding Contract) RESOLUTION N0. 213.56 WHEREAS, s'e a l e d proposals have been submitted by contrac- tors for the Catfish Creek Sanitary Sower Project Section No, 4 pur- suant to Resolution No. 167.56 and notice to bidders published in a newspaper published in said City on September 4, 1956 and Septem~ ber il, 1956; and !~" 408 Special Session, October 11, 1956 WHEREAS, said sealed propos- als were opened and read on Octo• ber 8th at 7:30 p,m., 1956, and it has been determined that the bid of McDonnell Excavating Service of Dubuque, Iowa in the amount of $55,447.8D was the lowest bid for the furnishing of all labor and ma- terials and performing the work as provided for in the plans and spe- cifications; now therefore, BE IT RESOLVED by the City Council of the City of Dubuque that the contract far the above mention- ed improvement be awarded to McDonnell Excavating Service of Dubuque, Iowa, and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque for the complete performance of said work, BE IT FURTHER RESOLVED, that upon the signing of said con- tract and the approval of the con- tractors band the City Treasurer is authorized and instructed to return the bid deposits of the unsuccess- ful bidders, Approved, Passed and adopted this 11th day of October, 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 Schue]er moved the adoption of the resolution, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None, Petition of Mrs, Edw, Lee et al requesting re-zoning of an area from a single family residence Zone to a two family residence zone on both sides of Wood street com- mencing at Loras Blvd, and run- ning to a point where the Mount Pleasant Home property commen- ces on Wood street and encompas- sing an area from each side of the street back to the respective al- leys on either side of the street, prsented and read, Mayor Welu moved that the pe- tition ire referred to the Planning & Zoning Commission, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Kolb, Schueller. Nays-None. Councilman Schueller moved that the rules be suspended in order to let anyone present address the' Council if they sa desire, Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller. Nays-None, Mr. Russell Schueller expressed his thanks to the Council for the contracts awarded to his firm for the construction of the Catfish Creek Sanitary Sewer, There being no further business Councilman Kolb moved to adjourn. Seconded' by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Kolb, Schueller, Nays-None. LEO F, FROMMELT' City Clerk Approved ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1957 Adopted ............:.....................1957 Councilmen ,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,,,,, Attest ........................:.......:.............. City Clerk Regular Session; November 5, 1956 409 I ~ I ;~ i~ ~i;_~, ~~ '~ i I ~~ J :~_, ~ '`,I ~ ~~ (OFFICIAL). Regular. Session November 5, 1956......,. Council met at 7;30 p.m. Present-Mayor Welu, Council- men Dove, Kintzinger, Kolb, Schueller, City Manager Schiltz. Mayor Welu stated that this is the regular monthly meeting of the City Cpuncil for the purpose'of act- ing upon such business as may properly. come. before the meeting. RESOLUTION N0. 214.56 Preliminary, approval of propos- ed, plans, specifications, form of contract, plat and schedule for the construction of the Rockdale Road, Fox Drive and Blackhawk Drive Sanitary sewer consisting of an 8" sanitary sewer beginning at Lot 2 of 2 of l of J, C. Scully Subdivision and Lot 2 of ~ of 1 of 1 of 1 of 1 of 1 of l of 1 of 2 of the Subdivision of Mineral Lot 12 thence southerly paralleling. Rockdale Road to Lot 1 of Glenview Subdivision, thence easterly thru Lots. 1, 2, 3, 4 and 5 of Glenview Subdivision. to a point on Lot 6, thence beginning in Lot 21 of Glenview Subdivision north- erly and easterly thru lots 5 to 21 inclusive of Glenview Subdivision thence easterly to the existing manhole. located on Lot 7 of the ?iubdivision of Lot 1 of Mineral Lot 3, estimated cost of $22,105.91, pre- sented and read Mayor Welu mov- ed the adoption of the. resolution, Seconded by Councilman K o 1 b, Carried by the fallowing vote; Yeas-Mayor. Welu; Councilmen Dove, Kintzinger, I{olb, Schueller. Nays-None, November 5, 1956 To the Honorable Mayor and. City Council, Dubuque, Iowa, Gentlemen: I herewith submit the attached sheet, showing a schedule of the proposed valuations and proposed assessments far the Rockdale Road, Fox Drive, and Blackhawk Drive Sanitary Sewer. Submitted Nov. 5; 1956: KENNETH. J: CULLEN City Engineer RESOLUTION N0, 215.56 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. That the attached sheet is hereby determined to be the schedule of proposed assess- ments for the construction of the Rockdale Road, Fox Drive and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sani- tary sewer beginning at Lot 2 of 2 of 1 of J, C. Scully Subdivision and Lot2of2aflof2ofloflofl o f 1 o f 1 o f 1 o f 1 o f 2 a f t h e Subdivision of Mineral Lot 12 thence southerly paralleling Rock- dale Road to Lot 1 of Glenview Sub- division, thence easterly through Lots 1; 2, 3, 4; and 5 of Glenview Subdivision to a point on Lot 5; thence beginning in Lot 21 of Glen- view Subdivision northerly and easterly through Lots 5 to 21 inclu- sive of Glenview Subdivision to the previous paint on Lot 5 of Glen- virew Subdivision, thence easterly to the existing manhole located on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3; and the valua- tion set out therein are hereby ap- proved, Adopted this 5th day of Novem- ber, 1956. CLARENCE P. WELU Mayor RAY F: KOLB LEO N, SCHUELLER CHARLES A, KINTZINGER CHARLES E, DOVE Ccuncilmen 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, Kintzinger, Kolb, Schueller, Nays-None, (Necessity f®r ImprAVement} RESOLUTION N0, 216;56 WHEREAS; proposed plans, spe- cifications, farm of contract; plat and schedule have been,duly pre- pared and approved by the City Council of the City of Dubuquo and are now on file in the office of the City Clerk showing among. other things tire. following: 1, Tho size.. and kind of; sewers.