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1956 December Counci Proceedings448 Special Session, November 20, 1956 _ Regular Session; December 3, 196' X49 Councilman Kolb moved the adoption of the resolution. Second- tral are being imposed upon by the. employees working in the area ~^, ~ ~ ., 1, ` ~ ~ ~ i ` ~ , ~ , ~ ~ ~ , _ ~ ~ ~ the objections be overruled. Sec- ed by Councilman Schueller. Car- utilizing the avaIlable parking that ~ ~ i r ~ ~ ~ ~ ~ ; >, ~ j ` ' onded by Councilman Sehuellere ried by the following vote: should be used to service the pla- ~ OFFICIAL Carried by the following vote; Yeas-Mayor Welu, Councilmen ces of business. Seconded by May- Yeas-Mayor Welu, Councilmen Dove, I{intzinger, Kolb, Schueller, or Welu. Carried by the following Regular Session, December 3, Dove, Schueller, Nays-None, vote; ' 1956, Nays-None, RESOLUTION NO, 232.56 Yeas-Mayor Welu, Couneilrnen Council met at 7:30 p.m, Absent-Councilmen Kintzinger, WHEREAS heretofore a lica- p Dove, Kintzinger, Kolb, Schueller, Nays-None Present-Ma yor Welu Council- '„ Kolb, tions for Beer Permits were filed . There being no further business men Dove, Schueller. City Man- Decision of Council u on ob'ea p I by the within named applicants Councilman Kolb moved to ad- alter Schiltz. bons to plans, specifications, form and they have received the approv- journ, Seconded by Mayor Welu. Absent-Councilman Kintzinger, ' ®f contract and cost of improve, al of this Council; and Carried by the following vote: Kolb, menu, WHEREAS, the premises to be occupied by such applicants have yeas-Mayer Welu, Councilmen Mayor Welu stated that this is RESOLUTION NO. 233.56 been inspected and found to com- Dove, Kintzinger, Kolb, Schueller. the regular monthly meeting of the WI~EREAS, proposed plans and ply with the ordinances of this Nays-None. City Council for the purpose of act- ' specifications and form of contract . City arnd~ they have filed proper LEO F. FROMMELT ing upon such business as ma Y 'for the construction of the Rock- bonds: NOW, THEREFORE, City Clerk.. properly come before the meeting, Proof of Publi ti i dale Road, Fox Drive, and Black- ' BE IT RESOLVED by the City Council of the City of Dubuque that Approved......... ............1957, ca on cert fied to by the Publisher, of Notice of Pen- , hawk Drive Sanitary Sewer con- sisting of an eight (8) inch sanitary the Manager be and he is directed Adopted .....:...............................1957, ' dency of Resolution of Necessit for public improvements and Hear- 'sewer be mnin at Lot 2 of 2 of 1 of J C Scully Subdivision d L t to issue to the following named ap- plicants a Beer Permit ,,,,,....,,••,.•,,,,,,,,,,,, ,,,,,,, ing upon proposed plans anv~' see- . . an o ' 2 of 2 of i of 2 of 1 of 1 of 1 of 1 , cifications, form of contract and of 1 of 1 of 1 of 2 of the Subdivision CLASS "B" PERMIT •.•.,.•.....•,...,•.•••,••.,..,•.,..,, cost. of improvements for the com ~ ' of Mineral Lot 12 thence southerly FOR PRIVATE CLUB struction of the Rockdale R o a d, paral'lelin Rockdale Road to Lot g Name Address Fox Drive and Blackhawk Drive ' 1 of Glenview Subdivision thence American Veterans of W o r 1 d Councilmen ,,.,.,.,..• ......................•„ Sanitary Sewer consisting of an , 'easterly through Lots 1, 2 3 4 War II, Dubuque Post No, 3 (Am- eight (8) inch sanitary sewer be- and 5 of Glenview Subdivision to a vets), 429 Main Street, ginning at Lot 2 of 2 of 1 of J, C. point on Lot 5 thence beginning in CLASS "C° PERMIT Scully Subdivision and Lot 2 of 2 -Lot 21 of Glenview Subdivision Mrs. Agens Zahina, 2649 Wind- of 1 of 2 of 1 of 1 of 1 of 1 of 1 of 1 northerly and easterly through Lots sor Avenue, •••••••••••••••••^••••^~•••••••••••• of 1 of 2 of the Subdivision of Min- 5 to 21 inclusive of Glenview Sub• BE IT FURTHER RESOLVED Attest •..,..•.,,....,•,..••.,...,...,.,• .............. eral Lot 12 thence. southerl oral- Yp leling Rockdale Road t L t division to the previous point on L t 5 that the bonds filed by such appli- cants be and the same are here- City Clerk o o 1 of Glenview Subdivision, thence east- o of Glenview Subdivision, thence easterly to the existing by approved. erly through Lots 1, 2, 3, 4 and 5 of Glenview Subdivision to i t manhole located on Lot 7 of the Subdi i i Passed, adapted and approved thi ~ a po n on Lot 5, thence beginning in Lot 21 of v s on of Lot 1 of Mineral Lot 3 have been approved by the Cit s 20th vd ay of November, 1956. ChARENCE P WELU G 1 e n.v i e w Subdivision norther- y Council of the City of Dubuque and . Mayor ly and easterly through Lots 5 to public notice given as provided by RAY F KOLB 21 inclusive of Glenview Subdivi- Chapter 23 of the Cade of Iowa . LEO N SCHUELLER Sion, thence easterly to the exist- , 1950, pertaining to public contracts . CHARLES A, KINTZINGER ing, manhole located on Lot 7 of the SuT d'i i i and bonds, and the time and place CHARLES E DOVE s v s on of Lot 1 of Mineral Lot fixed far the hearing of all objec- • Councilmen 3, presented and read, Councilman Dove moved that the proof of b tions to said plans, specifications ' or cont t f Attest; LEO F, FROMMELT i pu - lication be received and filed, Seep rac or or cost of such im- provements said time being this C ty Clerk onded. by Councilman Schueller. , . 3rd day of December 1956; and Councilman Kolb moved the Carried by the fallowing vote; , WHEREAS the City Council met adoption of the resolution, Second- ed by Councilman Schueller Car- Yeas-Mayor Welu Councilmen ~ , in regular session this 3rd day of , ried by the fallowing vote; Dove, Schueller. ; December, 1956; at 7:30 o'clock p, ~ Yeas-Mayor Welu, Ccuncilmen ~ Na s ' Y -None, ' m, at the Council Chambers in the Dove, Kintzinger, Kalb, Schueller. Absent-Councilmen Kintzinger, ' City Hall for the purpose of hear- ing all interested parties and Nays-None. Councilman Dove moved that a Kolb,.. , Communication of Marshall L con, sidering any and all objections which have been filed to the pro- review be made of a written peti- tion formerly made by the Hartig . & Gydall E. Kahl, objecting to the ; posad' plans, specifications or con- et al relative to restrict- Drug Co distribution of the cost and loco- ' ' tract for or cost of the improve- , , edparking at 22nd and Central ave- tion of the proposed Rochdale ~ Road, Fox Drive and Blackhawk ' ment herein described and propos- ed to be made; and nue, It seems that the business men in the area of 22nd and Cen- ,, Drive sanitary sewer, presented' WHEREAS all interested par- and read, Mayor Welu moved that ties have been given an opportun- 4~0 regular Session, December 3, 156 ity to be heard and a'll objections which have been duly weighed and considered; now, therefore BE IT RESOLVED by the City Council of the City of Dubuque, that all objections which have been made and filed to the plans, spe- cifications, contract for or cost of said improvement herein describ- ed and proposed to be made, be and the same hereby overruled and such plans, specifications and ~ form of contract heretofore approv- ' ed are hereby adopted. BE IT FURTHER RESOLVED that this resolution containing the decision of this .Council upon all objections which have been filed to 'the plans, specifications and form of cost said improvement be made a matter of permanent record in connection with said improvement. Passed, adopted and approved this 3rd day of December, 1956. CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES ,E. DOVE. Councilmen Attest; LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb, [Necessity for Improvement) RESOLUTION N0, 216.56 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared ands approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among o t h e r things the following: ~ 1. The size and kind of sewers. 2. Each lot proposed to be assess• ed together with a valuation fixed by the council. 3, An estimate of the cost of the proposed improvement, stating the same for each different type of eon- structionand kind of material to be used, 4, In each case the amount there- of which is estimated to be assess- - ed against each lot, for the con- struction of the Rockdale Road, Fox Drive, and Blackhawk Drive Sanitary Sewer consisting of an eight (8) inch sanitary sewer be- ginning at Lot 2 of 2 of 1 of J. C. Scully Subdivision and Lot 2 of 2 of lof2oflofloflofloflofl of 1 of 2 of the Subdivision of Min eral Lat 12 thence southerly paral- leling Rockdale Road to Lot 1 of Glenview Subdivision, thence east- erly through Lots 1, 2, 3, 4, and 5 of Glenview Subdivision to a point on Lot 5, thence beginning in Lot 21 of Glenview Subdivision northerly and easterly through Lots 5 to 21 in- clusive of Glenview Subdivision to the previous point on Lot 5 of Glen- view Subdivision, thence easterly to the existing manhole located'on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3, BE IT THE$EFORE RESOLV- ED that the City Council on its own motion or upon petition of prop- ~erty owners, deems it advisable and necessary for the public wet- fare to make the herein mention- ed improvement, and unless prop erty owners at the time of the final consideration of this proposed reso- lution have on file with the City Clerk objections to the amount of the proposed assessments, the y shall b~e 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 approvod by the City Council and are now on file with the City Clerk. That the cost and expense of making said improve- ment will be assessed upon and against all privately owned' prop erty lying within assessable dis= tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the sewer funds, or partly out of each of said funds, Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor, The railway por- tion of any street or assessment Regular Session, December 3, 1956 451 district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 5th day of November, 1956. RECORD OF FINAL ADOPTION The foregoing resolution was fi- nally passed and adopted, by the City Council this 3rd day of Decem- ber, 1956. CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES E. DOVE Councilmen Attest; LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution. Second• ed by Councilman Dove. Carried by the following vote: Yeas-Mayor We~lu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. (Ordering Construction) RESOLUTION N0, 234.56 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE that pursuant to a reso- lution of necessity No. 216-56 which was duly passed by this Council, for the construction of the Rock- dale Road, Fax Drive, and Black- hawk Drive Sanitary Sewer con- sisting of an eight (8) inch sani- tary sewer beginning at Lot 2 of 2 of 1 of J. C. Scully Subdivision and Lot2of2aflof2oflofloflofl of 1 of 1 of 1 of 2 of the Subdivi- sion of Mineral Lot 12 thence southerly paralleling Rockdale Road to Lot 1 of Glenview Subdi- vision, 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 a n d easterly through Lots 5 to 21 in- clusive of Glenview Subdivision to the previous point on Lot 5 of Glenview Subdivision, thence east- erly to the existing manhole lo- cated on Lot 7 of the Subdivision of Lot 1 of Mineral Lot 3 be and the same are hereby ordered and con- structed by this Council upon its own motion and with the petition of property owners, All the work shall be constructed in accordance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. BE IT FURTHER RESOLVED that 'the cost and expense of the said improvements be paid for by levying special assessments against the privately owned property lying within the assessable distance from the improvements, whether such property abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and anv deficiency will be paid out of the sewer funds of the city. Pay- ment will be made to the contrac- tor out of funds realized from the sale of bonds or with sewer bonds to be issued in anticipation of de- ferred payments of assessments as provided by law after the work has been completed and accepted by the City Council, BE IT FURTHER RESOLVED that the City Glerk be and he is hereby ordered and directed to ad- vertise for proposals for the con- struction of the various improve- ments herein provided for in the manner provided by law, the said improvements shall be completed on or before 9D calendar days after notice to proceed is issued, BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate necessity shall b~e in force and effect from and after its passage and adoption by the City Council, Passed, adapted and approved this 3rd day of December, 1956. CLARENCE P. WELU Mayor LEO N, SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kalb, Proof of Publication, certified to by the Publisher, of Notice of hear- ing to consider the disposal of Lot A of Lot 1 of Lot 305 and Lot A of Lot 366 in East Dubuque Addition No, 2 to the Dubuque Packing Com- pany and Lot B of Lot 1 of Lot 305 45Z Regular Session, ~eeember 3, 1956 in East Dubuque Addition No. 2 to the Chicago Milwaukee St, Paul and Pacific Ry. Co., presented and read. Councilman Schueller moved that the proof of publication be re- ceived and filed, Seconded by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. No objections filed and no objec- tors present in the Council Cham- _ ber at the time set for public hear- ing. RESOLUTION N0. 218.56 ' Whereas the City Council has heretofore, by Ordinance No, 48.56 vacated Northerly 32 feet of ,East Eighteenth Street from the east line of Lot A of East Dubuque No. 2 Addition to the west line ex~tend- er~ of Lot 1 of Vacated Map 1 e Street and the alley lying between Lot 1 of Lot 305, East Dubuque No. 2 Addition and Lot 366 East Du- buque No, 2. Addition; and Whereas, Dubuque Packing Com- parry and Chicago, Milwaukee, S't. Paul apd Pacific Railway Com- pony have prepared and submitted a plat showing said vacated area and assigning lot numbers there- . to and have requested the City of Dubuque to convey said property to them as abutting property own- ers; NOW TI~EREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL u OF THE CITY OF DUBUQUE; ' Section 1. That said plat be and ' the same is hereby approved and the Mayor and .City Clerk author- ized to endorse the approval of the City of Dubuque, Iowa thereon; Section 2, That Lot A of Lot 1 of Lot 305 and Lot A of Lot 366, both in East Dubuque No, 2 in the City of Dubuque, Dubuque County, Iowa be and the same is hereby convey- ed to Dubuque Packing Company and the Mayor and City Clerk au- thorized and ~dlrec'ted to execute and deliver a Quit Claim Deed con- veying all right, title and interest of the City of Dubuque in said lots to Dubuque Packing Co.; Section 3. That Lot B of Lot 1 of Lot 305 in East Dubuque Addition No. 2 be and the same is hereby conveyed to Chicago, Milwaukee, St, Paul and Pacific Ry, Co, and the Mayor and City Clerk Author- . ized and directed' to execute and deliver a Quit Claim Deed convey- ing all right, title and interest of the City of Dubuque in said lot to said railway company. Passed, adopted and approved this 3rd day of December, A.D, 1956. CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES E, DOVE Councilmen Attest: LEO F. FROMM,ELT City Clerk Councilman Schueller :moved the adoption of the resolution. Second ed by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb, Communication of the Iowa State Highway Commission advising of their intention to sell the following described land (three parcels); The Nly 18 ft, of 'the Nly 2-3 of Lot 558; the Sly 32 ft, of my 2.3 of Lot 558; The Sly 25 ft, (less the Ely 70 ft, thereof) of Lot 558 all in the City of Dubuque, Iowa to lre sold as one unit, presented and read, Council- man Dove moved that the com- munication be received and filed: Seconded by Councilman Schueller, Carried' by the following vote: Yeas-Mayor Welu, Councilmen Dave, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb. Communication of James Vogt and Gerald Pregler, inquiring as to what action must be taken to acquire permission to build a twen- ty-four lane bowling establishment, valued at $500,000, to be built eith- er in Scully's Subdivision or on the City Island Reclamation Project, presented and read, Councilman Schueller moved that the rules be suspended in order to let anyone present address the Council if they so desire, relative to the subject a't hand. Seconded by Councilman Dove. Carried by the following vote: Regular Session, December 3, 1956 453 Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays None. Absent-Councilmen Kintzinger, Kolb, Gerald Pregler addressed the Council in behalf of his request for .information and stated that they -would much prefer an area in the .so called recreation area in the City Island Reclamation Project. df the area in Scully's Subdivision was selected it would have to be re-zoned. Mayor Wulu moved that the communication be referred to the Dock Commission for investigation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote; Yeas-Mayor Welu, Councilmen Dove, Schueller. Nayy-None, Absent-Councilmen Kintzinger, Kolb. Council proceedings for t h e month of August 1956 were pre- sented for approval. Councilman Schueller moved that the council proceedings be approved as print- ed, Seconded by Councilman Dave, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None, Absent-Councilmen Kintzinger, Kolb. November 21, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of Oc- tober as well as list o£ claims and lists of payrolls for which war- rants were issued for the month of October, 1956. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Dove moved that the reports be .received and filed, Sec- onded by Councilman Schueller. Carried by the fallowing vote: Yeas-May, or Welu, Councilmen Dove, Schueller, Nays-None, Absent-Councilmen Kintzinger, Kolb. December 1, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mrs. J o s e p h Schuclcert relative to the repair of Monroe and Fulton Streets was re- ferred to the City Council to view the :grounds, Upon viewing the grounds, it was the decision of the Council that Monroe and Fulton Streets should be put on the 1957 Street Program. I recommend that the decision of the Council be confirmed, Respectfully submitted, L. J, SCHILTZ City Manager, Mayor Welu moved that the rec- ommendation of the City Manager be approved. Seconded by Council- man Dove, Carried by the follow- ing vote; Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb, December 3, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policies and desire to have your approval on same far filing, subject to the ap- proval of the City Solicitor: EXCAVATION McCarten Plumbing and Heating, 473 Eighth Avenue, Policy No, 9 MC 88313 Indemnity Ins. Co. of N. A. TAXI•CA~ William B. Weber d-b-a Veterans Radio Cab, Policy No, 9002AC2203 Reserve Insurance Company, Respectfully submitted, L. J, SCHILTZ, City Manager. Councilman Dove moved that the policies be placed on file subject to the approval of the City Solicitor. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None. Absent-Councilmen Kintzinger, Kolb. d54 Regular Session, December 3, 1956 December 3, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Code of Iowa provides that if a city notifies the State Auditor within sixty days after the end of the year, the accounts and records may be audited by a private certifi- ed public accountant. This practice has been followed in the past with the Council taking action after January 1st, however, due to a provision in the Water Revenue Bond Issue the Water De- partment accounts must be verifi- ed prior to December 31st. In or- der that the accounting firm can schedule their work, approval by the Council should be given prior to December 31st, The firm of Brooks, O'Connor and Brooks have audited the city accounts for the past several years and know the procedure required by the State. I recommend that the firm of Brooks, O'Connor and Brooks be retained by the City of Dubuque for the 1956 audit. Very truly yours, L. J, SCHILTZ, City Manager. Councilman Dove moved that the recommendation of the City Man- I~ alter be approved, Seonded by Councilman Schueller, Carried by I the following vote: Yeas-Mayor Welu, Councilmen ~ Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, ~ Kolb, December 3, 1956 To the Honorable Mayor and City Council Dubuque, Towa. Gentlemen: I am attaching copies of an Agreement between the Chicago Great Western Railroad, the Chi- ~ cago, Milwaukee, St. Paul and Pa- cific Railroad and the City of Du- buque authorizing a connection of the traffic signals at 16th and Elm Streets .and the railroad crossing signals at 16th Street, This connection will automatical- _ ly change the traffic signals when i i a train is approaching the crossing at 16th Street so that all traffic will clear 16th Street before the train approaches, I recommend that the City Man- ager be authorized to execute this agreement on behalf of the City of Dubuque. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Schueller moved that the recommendation of the City Manager be approved and authori- zation granted. Seconded by Coun- Gilman Dove, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent_Councilmen Kintzinger, Kalb, RESOLUTION N0. 235.56- WHEREAS, the City of Dubuque has installed a traffic light at the intersection of 16th and Elm Streets and desires to have this traffic light partially controlled by the railroad crossing signal at the 16th Street crossing, an Agreement has been drawn up between the Chi- cago Great Western Railroad, the Chicago Milwaukee St, Paul and Pacific Railroad and the City of Dubuque, and WHEREAS, both 16th Street and Elm Street are heavily traveled streets, and WHEREAS, all parties realize that the effect of a traffic light in- stallation at 16th and Elm Streets may back up motor vehicle traf- fic across the 16th Street railroad crossing, and WHEREAS, in order to obviate such hazard the parties have here• to agreed to interconnect the cross- ing signals and the traffic signals so that when a train approaches the crossing the traffic signal will allow traffic to flow off of Six- teenth Street while the crossing signals warn vehicles entering the crossing. NOW, THEREFORE, BE IT RE- SOLVED: 1, That the City agrees to install and maintain the wiring and mec- hanism connecting the proposed traffic signal light with the rail- road signal crossing. 2. That the City Manager be au- thorized to execute the Agreement on behalf of the City of Dubuque. Regular Session, December 3, 1956 Passed, adapted and approved this 3rd day of December, 1956. CLARENCE P. WELU, Mayor LEO N, SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed by Councilman Dove, Carried by the fol4owing vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kalb. December 3, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of St, Anthony's Church to open the alley alongside the school property between Rose- dale Street and the alley south of Rosedale Street was referred to the City Council to view the grounds. It was the decision of the Coun- cil that after the survey is made to determine where the alley is lo- cated and a proper grade establish- ed that the alley be opened if per- mission is given to encroach upon private property to make the ne- cessary fill, I recommend that the decision of the City Council be confirmed. Respectfully submitted, L, J. SCHILTZ, City Manager, Councilman Dave moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. December 3, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: 1n order that the detailed expen- ditures within the General Fund, Street Fund, Sanitation Fund and Municipal Enterprise-Dock Fun d will not be underdrawn, I recom- 455 mend' that the City Council approve 'the reallocation of funds within the above functional funds as appropri- ated in Ordinance No, 1.56 and as listed in the attached resolution. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Dove moved that the recommendation of the City Man- ager be approved, Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller; Nays-None. Absent-Councilmen Kintzinger, Kolb. RESOLUTION N0, 236.56 Amending Alloca#ion of Funds. WHEREAS, the City Council of the City of Dubuque allocated funds within the General Fund, Street Fund, Sanitation Fund and Munici- pal Enterprise-Dock Fund on Jan- uary 3, 1956 and WHEREAS, Paragraph 3 of Sec- tion 5 of the Acts of the Fifty Fourth General Assembly provides that the City Council may amend the allocation of funds within the functional funds by resolution, therefore, Be It Resolved that the alloca- tion of funds within the General Fund, Street Fund, Sanitation Fund and Municipal Enterprise -Dock Fund are hereby amended by the following changes: General Fund Item 101 City Council from $4,- 015.OD to $5,365.00 Item 102 City Manager's Office from $33,357.00 to $30,907.00 Item 103 City Clerk's Office from $9,02.00 to $9,225.00 Item 105 City Treasurer's Office from $7,981,70 to $8,331,70 Item 106 City Solicitor's Office from $12,460.00 to $13,160A0 Item 114 City Buildings from $15,- 106.OD to $18,856,00 Item 121 Building Commission- er's Office from $6,830.00 to $7,- 230.00 Item 148-C Miscellaneous from $33,444.00 to $28,444,00 Cigarette License Refunds from $1,200.00 to $1,900.00 Street Fund Item 130 Tree Trimming from $12,500,00 to $14,850.00 456: Regular Session, December 3, 1956 Ifem 131 Highway Administra- tion from $10,800.00 to $11,200.00 Item. 135-J Street Construction from $108,406,00 to $128,406.00 Item 141 Snow Removal from $36,000.00 to $23,000.00 Item 142 Traffic Signs and Mark- .. ings from $8,835,00 to $15,335.00 Item 161 Bridge and Viaduct Con- struction from $l0,DD0A0 to $1,- 000.00 Item 162 City Share Special Street Tax from $15;000 to $7,750,00 Sanitation Fund Item 117 Levee Maintenance from . $2,ODD.00 to $2,250,00 Item 125 Health Department from $30,885,72 to $32,035.72 Item 126 Control of Contagious Disease from $7,221.28 to $4,221.28 Item 127 Sewer Maintenance from $34,100,00 to $35,800,00 Item 129 Milk Inspection from $D;983',00 to $8,233.00 Item 140 Street Cleaning from $41,000,00 to $4D;000,00 Item 162 City Share S p e c i a l Sewer Tax from $4,000.00 to $3,650.00 Municipal Enterprise-Dock Fund Item 153A Doclc Operation from 3 92D',00 to 7 92D.00 $~ $, Item 153B Dredge Operation from $62,180.00 to $44,180.00 ~ Item 153C Terminal Operation from $24,000,00 to $38,000:00 ',i Passed, adopted and approved this 3rd day of December, 1956. CLARENCE P, WELU Mayor LE0 N. SCHUELLER CHARLES E, DOVE ' I,' Councilmen Attest; LEO F. FROMMELT City Clerk Coouncilman Schueller moved the ~. adoption of the resolution. Second- ed by Councilman Dove: Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, I Kolb. . December 3, 1956 To the Honorable Mayor ~~ and City Council, Dubuque, Iowa Gentlemen: At the time the 1956 budget was q ap'proved' there were anticipated certain unexpended balances would be available at the end of 1955 in the various funds. Estimates imthe Street Road Use Tax Fund, Public Safety Fund, Sanitation Fund, Municipal Enter- prise Fund, Recreational Fund, Utilities Fund, Parking Meter Fund4 a ri d City Assessment Expense Fund were lower than the actual balances we had on hand as of De- cember 31, 1955, The large amount in the Parking Meter Fund and the Utilities Fund are due to bond issues which were either not anticipated or the a- mount available in 1956 was under ', estimated. In order that the actual expendi- tures in the- above funds be in line with that appropriated the City Council may amend the budget pro- ~' vided that no tax increase is ne- cessary. I I recommend that tho amended budget as submitted be approved. Respectfully submitted, L. J. SCHILTZ, City Manager. j Mayor Welu moved that the rec~ j ommendation of the City Manager be approved. Seconded by Council- ; man Schueller. Carried by the fol> lowing vote: Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays.-None. '. Absent-Councilmen Kin#zinger, Kolb. RESOLUTION N0. 237.5b I WHEREAS, the City Manager has submitted an amended budget estimate as provided in Chapter 53 I of the Acts of the 55th General As- sembly and the City Council has duly considered and caused to be ,, prepared the amended budget es- timate of expenditures for the fis- cal year beginning January 1, 1956 and ending bocember 31, 1956; us- '; ing unencumbered balances of Jan- i nary 1, 1956 that were not. antici- ' gated; NOW, THEREFORE, Be It Re- solved by the City Council of the City of Dubuque that said Amend- ed Budget estimate be and the same is hereby ordered filed in the office of the Clerk of Dubuque and the date of public hearing thereon is hereby fixed as the 17th day of December, 1956 at 7:30 p, m, in the Council Chamber in the City Hall: Regular Session, December 3, 1958 457 Be It Further Resolved that said clerk be and he is directed to cause said amended budget estimate of expenditures to be published in the official newspaper of the City of Dubuque and an official notice to be given of the time and place, when and where said amended bud- get estimate will be considered by said Council for final adoption, at which time and place taxpayers will be heard for or against said estimate, said publication to be not less than ten days before said hear- ing, Passed, adopted and approved this 3rd day of December, 1956, CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Mayor Welu moved the adoption of the resolution. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb. ORDINANCE N0. 61.56 An Ordinance Amending Bud- get as approved by Resolution No, 176.55 and Ordinance No, 1-56, pre• sented and read. Councilman Schueller moved that the reading just had be con• sidered the first reading of the Ordinance. Seconded by Council• man Dove. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb, Councilman Schueller moved that the rules be suspended requir- ing an Ordinance to be read on three separate days. Seconded by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb. Councilman Schueller moved that a public hearing be held on the Ordinance on December 17, 1956 at 7:30 p.m, in the Council Chamber and that the City Clerk be instruct- ed to publish notice of the hearing in the manner required by law. ORDINANCE N0. 62.56 An Ordinance Amending Ordi- nance No, 7.47 by Adding New Sec- tions 7.3.16 and 7.4,11 thereto, pre- sented and read. Councilman Schueller moved that the reading just had be consider- ed the first reading of the Ordi- nance. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. Councilman Schueller moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Dove, Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. ORDINANCE N0. 62.56 An Ordinance Amending Ordi- nonce No. 7-47 by Adding New Sections 7.3.16 and 7.4.11 thereto. Be It Ordained By The City Coun- cil Of The City Of Dubuque, Iowa: Sectimr 1. That Ordinance No. 7-47 he and the same is hereby amended by adding a new Section 7.3.16 there- to as follows: "7.316-Both sides of West Ninth Street from BIufP Street to a point four hundred feet (400') westerly of Bluff Street." Section 2. That Ordinance No. 7-47 be and the same is hereby amended by adding- a nety Section 7.4.11 thereto as follows: "7.4.11-Both sides cf West Ninth Street from a point four hundred feet (400') westerly of Bluff Street to University Avenue." Section 3. This Ordinance shall be in full force and effect from and aft- er its final passage, adoption and publication as by law provided, Introduced the 3rd day of Decem- ber, 1956. Rule requiring reading on three sep- arate days suspended by unanimous vote the 3rd day of December, 1956. Passed, adopted and approved this 3rd day of December, 1956. CLARENCE P. WELU, Mayor LEO N. SCHUELLER CHARLES E. DOVE Councilmen. Attest: Leo F. Frommelt City Clerk Published officially in The Tele- graph-Herald Newspaper this 7th day of December 1956. LLrO In. E'ROMMELT, City Clerk it. 12/7 458 Regular Session, December 3, 1956 Councilman Schueller moved the adoption of the Ordinance, Second- ed by Councilman Dove. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None. Absent-Councilmen Kintzinger, Kolb. Petition of the Finley Hospital requesting not to grant a petition that is now being circulated rela- tive to the closing of the alley run- - ning from College Street parallel to West Third Street to a dead end at the Finley Hospital property, and exterrd'ing between the 1500 black to, through, and including 1601 West Third Street, presented and read, Mayor Wolu moved that the petition be referred to the Plan- ning and Zoning Commission. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays~None, Absent-Councilmen Kintzinger, Kolb. Petition of Schlueter Insurance Agency requesting notification of the discontinuance of excavation policies issued to A, Fondell & Sons and Louis Buechel, Presented and read. Mayor Welu moved that the request be approved, Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, ' Kolb. RESOLUTION N0. 238.56 WHEREAS at a special meeting of the City Council, held on Tues- day, November 20, 1956, at the City Hall at 7:30 o'clock p,m, the City Clerk was instructed to pub- . ~ lish notice of the Council's Inten- tion to levy special assessments to pay for the cast of improvement of "City of Dubuque 1956 Concrete Curb and Gutter Project No. 1," at a meeting to be held on Monday December 17, 1956 at 7:30 o'clock p.m, at the City Hall. WHEREAS due to the inability of one of the publishers of notices being unable to publish. the notice within the required time in order to give the taxpayers subject to the assessment, an opportunity to object to the levy of special assess- ments, shown in the plats and schedules or to the issuance of bonds far any purpose or to the prior proceedings on account of er- rors, irregularities or inequalities, as required by law: NOW THEREFORE Be' It Re• solved by the City Council' of the City of Dubuque that the hearing scheduled for December 17, 1956, of the Council's intention to levy special assessments to pay for the cost of improvement of "City of Dubuque 1956 Concrete Curb and Gutter Porject No, l", be set aside, and January 7, 1957 be set for the hearing at 7:30 o'clock p.m. at the City Hall and the Clerk is hereby instructed to so publish notice as required by law. Passed; adopted and approved this 3r3 day of December, 1956. CLARENCE P, WELU Mayor LEO N. SCHUELLER 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; Schueller. Nays-None, Absent-Councilmen Kintzinger, Kolb. RESOLUTION N0. 239.56- . WHEREAS at a special meeting of the City Council, held on Tues• day November 20, 1956, at the City Hall at 7;30 o'clock,p,m, the City Clerk was instructed to publish no- tice of the Council's intention to levy special assessments to pay for the cost of improvement of "City of Dubuque 1956 Bituminous Concrete Surfacing Project No. 1" at a meeting to be held on Monday December 17, 1956 at 7:30 o'c'lock p.m, at the City Halh WHEREAS due to the inability of one of the publishers of notices being unable to publish the notice within the required time in order to give the taxpayers subject to the assessment, an opportunity to object to the levy of special assess• ments, shown in the plats and Regular Session,;December 3; 1956' 459 schedules or to the issuance of bonds for any purpose or to the prior proceedings on account of errors, ireegularities or inequal- ities, as required' by law: NOW THEREFORE Be It Re- solved by the Cty Council of the City of Dubuque that the hearing scheduled for December 17, 1956, of the Council's Intention to 'levy special assessments to pay far the colt of improvement of "City of Dubuque 1956 Bitunnous Concrete Surfacing Project No, 1", be set aside, and January 7, 1957, be set far the hearing at 7:30 o'clock p, m, at the City Hall and the Clerk is hereby instructed to so publish notice as required by law, Passed, adapted and approved this 3rd day of December, 1956. CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES E, DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Mayor Welu moved the adoption of the resolution, Secon~d'ed by Councilman Schueller, Carried by the fallowing vote; Yeas-Mayor We'lu, Councilmen Dove; Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb, RESOLUTION N0. 290.55 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City. Name Address Gene A. Chapman, 1638 Central Avenue. BE IT FURTHER RESOLVED that'the bond filed with the appli- cation be approved. Passed, adapted and approved this 3rd day of December, 1956, CLARENCE P. WELU Mayor LEO N. SCHUELLER CHARLES E, DOVE Councilmen Attest; LEO F, FROMMELT City G~lerk Councilman Schueller moved' the adoption of the resolution. Second- ed by Councilman Dove, Carried by the following vote: Yeas-Mayor W~elu, Councilmen Dove; Schueller, Nays=None. Absent-Councilmen Kintzinger. Kolb, RESOLUTION N0, 291.56 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined; NOW, THEREFORE, BE IT RESOLVED by the City CouncIl of the City of Dubuque that the following applications be granted and licenese are to b~e is- sued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Gone A, Chapman, 1638 Central Avenue, Edward A, Haberkorn, 2616 Windsor Avenue. Herbert J, McAndrews, 127 West 6th Street, Joseph J. Schulte, 450 West Lo- cust Street, Norbert H. Sauser, 2774 - 2776 Jackson Street, Ruben J. Weber, 25 West 7th Street, CLASS "B" PERMIT FOR PRIVATE CLUB Benevolent and Protective Order of Elks No. 297, 7th and Locust Streets, CLASS "C" PERMIT The Great Atlantic & Pacific Tea Co., 1101 Central Avenue, Helen O'Mara, 1397 Washington Street. Cruso A, Alba, 2601 Jackson Street, Passed, adopted and approved this 3rd day of December; 1956. CLARENCE P, WELU Mayor LEO N. SCHUELLER CHARLES E. DOVE Councilmen Attest: LEO F, FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second• ed by Councilman Dove, Carried by the following vote: 460 Regular Session, December 3, 1956 Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb, RESOLUTION N®, 242.56 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the approv- al of this Council; arnd' WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that the Manager be and he is directed to issue to the following n a m e d applicants a Beer Permit. CLASS "B" PERMIT Name Address Gene A, Chapman, 1638 Central Avenue. Edward A, Haberkorn, 2616 Windsor Avenue, Herbert J. McArrd'rews, 127 West 6th Street. Joseph J, Schulte, 450 West Lo- cust Street, Norbert H. Sauser, 2774 - 2776 Jackson Street. Ruben J. Weber, 25 West 7th Street. CLASS "6" PERMIT FOR PRIVAYE CLUE Benevolent and Protective Order of Elks No, 297, 7th and Locust Streets, CLASS "C" PERMIT The Great Atlantic & Pacific Tea Co., 1101 Central Avenue, Helen O'Mara, 1397 Washington Street, Cruso A. Alba, 2601 Jackson 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 3rd day of December, 1956. CLARENCE P, W.ELU Mayor LEO N. SCHUELLER CHARLES E, DOVE Councilmen Attest: LEO F. FROMMELT City Clerk Councilman Schueller moved the adoption of the resolution, Second- ed' by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None. Absent-Councilmen Kintzinger, Kolb. Mayor Welu moved that Frank' Wagner be re-appointed to the Board of Dock Commissioners for a period of three years, term ex- piring November 26, 1959. Second- ed by Councilman Dove, Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Schueller, Nays-None. Absent-Councilmen Kintzinger, Kolb. Mr. Russell Brown, director and Mr. Clarence Spears, district rep- resentative of the Iowa Depart- ment of Public Safety were pre- sented to the Couneil by M a y o r Welu, Mr, Brown submitted a re- port of the National Advisory Com- mittee that worked with their de- partment, relative to traffic safe- ty. Mr. Brown had high praise for the Police Department of the City in the way that they handle their accident records and reports. He did point out a need for traffic engi- neering and education departments to work together. He was of the opinion that six more policemen are needed, three of which should be traffic men, plus the addition of one clerk. He further suggested that pedestrians should be held ac- countablefor dangerous actions the same as drivers, Arresting anrd con- victing intoxicated drivers was one of the weaknesses pointed out by Mr, Brown, There should be a greater conviction rate, Their sur- vey showed that Dubuque at the present time has 42 per cent of their children in Public schools and 58 per cent in Parochial schools, Dubuque public schools rank higher than parochial schoo]s in driver education. He urged that driver training classes be set up in the new Catholic high school that is in the plan stage at present, Pub- lic schools should give driver train- ing to all eligible students and start an accident reporting system in the school on a twenty-hour a d'ay basis, Parochial schools should put one person in charge of safety education and inaugurate driving Regular Session, December 3, 1956 courses and accident reporting sys- tems, Acertificate of achievement from the National Safety Council, was awarded to the Mayor in be- half of the City, and. one Ito Jahn Rider Wallis as president of the Dubuque Traffic Safety Council, for outstanding performance in safety organization as shown in the an- nua~l inventory of traffic safety ac- tivities. He further recommended that the Council give very serious study to the recommendations in the report, There being no further business Councilman Schueller moved to ad- journ. Secornd'ed by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Schueller. Nays-None. Absent-Councilmen Kintzinger, Kolb. LEO F, FROMMELT City Clerk Approved ....................................1957. Adopted .....................................1957. Councilmen ~ ,,,,,,,,,,,,,,,,,,,,,,,,, ,,,, ,,,,, Attest ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, City Clerk 461< 462 Special Session, December 17, 1958 r r~~7 ,-~~ ,i °n~ ~~P ~~ ~i ~ I{ I~,. `~ ~~ ii ~ r , ~ ';~ ~ - :_~~,~_a (OFFICIAL) Special Session, December 17, 1956. Council met at 7:30 p.m, Present-Mayor Welu, Council- men Dove, Kintzinger, Schueller, City Manager Schiltz, Absent-Councilman Kolb. Meeting calted 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 cal'l'ed for the purpose of conducting a public hearing on amending the current City budget adopted August 1, 1955 by decreas- ing and increasing expenitures in various funds for the general wel- fare of the City, and also acting on any other business that may prop- erly come before a regular meet- ing of the City Council. Proof of Publication, certified to by the Publisher, of Notice to Amend Cur- rent Budget and setting the date far hearing, presented and read, NOTICE TO AMEND CURRENT BUDGET Chapter 24, Code of Iowa, 1950 as amended by H. F. 459, 55th G. A, NOTICE-The City Council of Du• buque of Dubuque County, Iowa, will meet at City Hall, December 17, 1956 at 7:30 P.M., far the purpose of amending the current City of Dubuque budget adapted August 1, 1955 by Resolution No. 176-55, by decreasing and increasing expenditures for the following reasons and in the following funds for the gen- eral welfare of the City of Dubuque. Street (Road Use Tax) Fund from Public Safety Fund from $666,445.60 to $677,445,60. Sanitation Fund from $540,140.00 to $575,140.00, i Municipal Enterprise-Cemetery Fund from $200.00 to $300,00, Municipal Enterprise-Airport Fund ' from $116,000.00 to $127,600.00. Rerreation-Park General Fund from T Recreation-Park Improvement Fund from $44 500,00 to $74,500,00, Recreation-General Fund from $57,- 666.00 to $65,166,00. Recreation-Playground Improvement Fund from $0,626.00 to $9,376,00. Recreation-Golf Course Fund from $30,000.00 to $32,000.00. Ctilities-Street Lighting Fund from $57,000.00 to $58,600.00. Ut~nties-Water Works General Fund from $1,547,000.00 to $1,972,000.00. Parking Meter Fund from $122,541,50 to $252,541,50. City Assessment Expense Fund from $22,020.00 to $22,770.00. The increase in expenditures set out above will be met from increased re- ceipts and cash balances not budgeted or consrdered in the current cudget. There will be no increase in taxes to be paid ni 1956. Taxpayers will be heard for or against the proposed amendment at the time and place specified in this notice, A detailed statement of additional re• ceipts other than taxes, cash balances'. on hand at the coke of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be avail• able at the hearing, LEO F, FROMMELT, 1t12/6 City Clerk Councilman Schueller moved that the proof of publication be receiv- ed' and filed, Seconded by Council- man Kintzinger. Carried by the foi- Ilwing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger; Schueller. Nays-None. Absent-Councilman Kolb, RECORD OF HEARING AND"' DETERMINATION ON THE APAENDMENT OF BUDGET Be it remembered on this, the 17th day of December, 1956, the Council of the City of Dubuque, of Dubuque County, Iowa, met in ses- sion for the purpose of hearing on an amendment to the current op- erating budget adopted January 3, 1956, There was present a quorum as required by law. Thereupon, the Council found that the notice of time and place of hearing was pub- lished according to law. Thereaft- er, and on said date the amend- ment was taken up and considered and taxpayers heard far or against the amendment as follows: No written objections .filed and no objectors present in the Council Chamber at the time set for said public hearing. Thereafter, and after hearing a'll taxpayers to be heard, the Coun- cil took up the amendment to the budget. for final consideration and determined that said budget be cor- rected by changing the proposed expenditures as listed in the origi- nal budget in the Street (Road Use Tax) Fund From 176,100.00 TD 226,100,00 Public Safety Fund From 666,- 445.60 To 677,445,60 Sanitation Fund From 540,140.00 To 575,140,00 Municipal Enterprise -Cemetery Fund From 200.00 To 300,00 Municipal Enterprise -Airport Fund Frain 116,000.00 To 127,500.00 Recreation-Park General Fund From 66,805.00 To 76,805,00 Recreation -Park Improvement Fund From 44,500.00 To 74,500,00 Recreation-General Fund F r o m 57,666,00 To 65,166,00 Special Session, Tecember 17, 1956 463 Recreation-Playgrounrd Improve- ment Fund From 8,626.00 To 9,376.00 Recreation-Golf Course Fun d From 30,000.00 To 32,000.00 Utilities-Street Lighting Fun d From 57,000,00 to 58,600,00 Utilities-Water Works General Fund Frain 1,547,000.00 To 1,972,- 000,00 Parking Meter Fund From 122; 541.50 To 252,541.50 City Assessment Expense Fund From 22,020.00 To 22,770.00 to be paid from additional receipts other than taxation and cash bal- ances at the close of the. preced- ing fisca'1 year. The amendment does not increase the taxes to be colleted in 1956. The vote upon fi- nal adoption of the amendment was as follows: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. CERTIFICATION The Clerk was thereupon direct- ed' to correct his records accord- ingly, and to certify a copy of the proceedings to the County Auditor and to the State Comptroller to be attached to the original budget for record, I hereby certify the above to be a true and correct copy of the pro- ceedings of the City Council relat- ing to the consideration of an amendment for expenditures and receipts (other than taxation) of the original budget adopted on 3rd day of January, 1956, Dated this 18th day of Decem- ber, 1956. LEO F, FROMMELT City Clerk ORDINANCE N®. 61.56 An Ordinance Amending Budget as approved by Resolution No, 176• 55 and Ordinance No. 1.56, said Ordinance having been passed up- oh first reading on December 3, 1956 and ordered placed on file with the City Clerk for public in- spection pending public hearing, was presented for final adoption, ORDINANCE N0~ 61.56 An Ordinance amending Budget as approved by Resolution No, 176-55 and Ordinance No. 1-56. Be It Ordained by the City Council of the City of Dubuque: That the unexpended cash balances. on hand at the close of the preceding fiscal year not estimated er appropriated in the original budget approved by Resolution No. 176-55 and Ordinance No.' 1-56 are hereby allocated and appropriated far payment of necessary expenditures of City Government, in the following' amounts and for the purposes as hereinafter set forth, and to that end the appropriations and allocations of funds are hereby authorized, to-wit; Receipts Unappropriated Unencumbered Additional Fund Balance Revenue Total Street (Road Use Tax) Fund ........................ 60,000.00 50,000,00 Public Safety Fund ............................................. 11,000.00 11,000.00 Sanitation Fund ...................................................... 35,000.00 35,000.00 Municipal Enterprise ......................................... 11,600.00 11,600.00 Recreation Fund .................................................... 49,650.00 600.00 50,250.00 Utilities Fund .............................:...................:........292,917,64 133,682.36 426,600.00 Parking Meter Fund ..........................................130,000.00 130,000.00 City Assessment Expense Fund .:.................. 760,00 750.00 580,917,64 134,282,36 715,200,00 The Street (Road Use Tax} Fund budget inorease of $50,000.00 is ap- propriated for Street Repairing and Street Construction. The Public Safety Fund budget increase of $11,000:00 is appropriated for Police Court, Police Department, Fire and Police Alarm, Fire Equip- ment and Dog' Pound. The Sanitation Fund budget increase of $35,000,OD is appropriated for Rubbish and Garbage Collections and Main Sewers and Inlets. The Municipal Enterprise Fund budget increase of $11,800.00 is ap- propriated for Municipal Enterprise-Cemetery Fund and for Municipal En- terprise-Airport Fund. The Recreation Fund budget.. increase of $50,250.00 is appropriated for Recreation-Parlt General Fund, Recreation-Park Improvement Fund, Recrea- tion Department-General Fund, Recreation Department•Playground Improve- ment Fund and Recreation-Municipal Golf Course Fund, The Utilities Fund budget increase of $426,600.00 is appropriated for Utilities-Street Lighting Fund and Utilities-Water Works General Fund. The Parking Meter Fund budget increase of $130,000.00 is appropriated for Parking Meters and Parking Lota. The City Assessor's Expense Fund budget increase of $750.00 is ap- propriated for City Share of City Assessor's Expense, X64 Special Session, December 17, 1956 Expenditures Street (Road Use Tax) Fund Item No, 132 , Street Repairing and Grading ........ 30,000.00 Item No. 135-J Street Construction ........................... 20,000.00 50,000,00 Public Safety Fund Item No. 115 Police Court ............................................ 600.00 Item No. 118 Police Department ................................ 6,500.00 Item No. 119-E Fire Equipment .................................. 1,750,00 Item No, 120 Fire and Police Alarm ....................... 1,250.00 Item No. 124 llog Pound .............................................. 900,00 li,oao.oo Sanitation Fund Item No. 134 Ash, Rubbish and Garbage Col- lection ..................................................... 25,000.00 Item No. 162-J-2 Main Sewers and Inlets ................ 10,040.00 35,000,00 Municipal Enterprise Fund Item No. 152 Cemetery Decoration ........._........... 100.00 Item No. 157 Airport Operation .............................. . 11,500.00 llsoa.oo Recreation Fund Recreation-Park General Fund Item No, 144-A Park Administration ...... 860.00) Item No. 144-B Park Areas, Building, etc. 9,150.00) 10,000,00 Recreation-Park Improvement Fund Item No. 144-C Park Improvement ............................... 30,000,00 Recreation Departm ent-General Fund Item No. 146-A Recreation Administration 1,000.00) Item No, 145-B Outdoor Recreation ..........0,500A0) 7,500.40 Recreation-Playgro und Improvement Fund Item No, 146-J Playground Improvement ................ 750,00. Recreation-Municipal Golf Course Item No. 171 Golf Course Operation .................. 2,000.00 50,000,00 50,000.00 11,000,00 ll,ooD.oo 35,000.00 35,000.00 ll,soo.DD 11,soo.oo 50,250.00 60,260.00 50,250.00 Utilities Fund 426;600.00 Utilities-Street Lighting Fund Item No, 138 Street Lighting ................ ... 70,00) Item No. 138-F Maintenance ........................ ....1,530,00) 1,600.00 Utilities-4Yater Works General Item No. 149 Water Works Operation ...................425,000.00 426,600,00 426,600,00 Parking Meter Fund 130,000.00 Item No. 170 Parking Meter and Parking Lots 130,000.00 130,000,00 130,000.00 City Assessment Expenae Fund 750,00 Item No, 108-J City Share of Assessor's Expense 750,00 750.00 750.(iu These appropriations shall be paid from Unencumbered Cash Balances and 1956 revenue over and above revenue anticipated, Total Additional appropriations for the expenditure of City Government of the City of Dubuque, Iowa, for the fiscal year beginning January 1, 1956 and ending December 31, 1956 .........................................................................................715,200.00 Passed upon first reading this 3rd day of December 1956. Passed, adopted and approved upon final reading this 17th day of De- cember, 1956. CLARENCE P. WELU, Mayor LEO N, SCHUELLER CHARLES A. KINTZINGER CHARLES E. DOVE, Councilmen Attest; LEO F, FROMMELT, City Clerk Published officially in the Telegraph-Herald newspaper this 21st day of December, 1956. LEO F, FROMMELT lt. 12/21 City Clerk. Special Session, D Councilman Schueller moved the adoption of the Ordinance, Second- ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilillen Dove, Kintzinger, Schueller. Absent-Councilman Kolb, December 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of George Kersch and others relative to the location of a street light on Queen Street was referred to the City Manager for investigation and report. Because of the fact that this is an exceptionally long block and there are a number of trees along the street, it is recommended that a street light be install~ed~ halfway between Clinton & Sutter Streets on Queen Street. It may be necessary for the Pow- er Company to obtain an easement along the property line for the lo- cation of wires in order to save the trees along the street. Respectfully submitted, L, J. SCHILTZ, City Manager. Councilman Kintzinger m o v e d that the recamrnendation of the City Manager be approved, Second- ~ed by Mayor Welu, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb. December 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Because of the traffic using Grandview Avenue from D e l h i Street to Loras Boulevard, it is recommended that throe street lights be installed -one at the in- tersection of Custer and Grandview Avenue, one between Custer and Loras Boulevard :and one mid-way between Delhi and University, Respectfully submitted, L, J, SCHILTZ, City Manager, Councilman Kintzinger m o v e d that the recommendation of the City Manager be approved, Sec- onded by Councilman Schueller, Carried by the following vote: ecember 17; 1956-: 465 Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller;- , Nays-None. Absent-Councilman Kolb. December 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Laura E. Hoh- mann and others requesting a street light at the intersection of Forest Lane and Nevada Street was referred to the City Manager to investigate and report, Upon investigation it was found that the distance between lights do not usually warrant the installation of a street light at this location, however, because of the fact that it is the en~3~ of Forest Lane and the number of trees in the vicin- ity, it is recommended that a street light be installed as petitioned for. The exact location of this light will be determined by the Electri- cal Inspector, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kintzinger moved that the recommendation of the City Manager be approved, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb. December 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; When establishing the parking lot on Central Avenue south of 10th Street and also the establishing of 9th Street as a one-way street, west bound, it became evident 'that it would be easier for traffic enter. ing the parking lots if the alley from 9th to 10th Streets between Iowa -and Central Avenue w a s changed from one-way to a two way alley, It is recommended that proper proceedings be initiated to make this change, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Schueller moved that the recommendation of the City 466 Special Session, hecember 17, 1956 t_:. Manager be approved, Seconded by 961 Harlan Street Paving, $50.61 Councilman Dove, Carried by the 962 Euclid Street Paving, $128,13' following vote; 971 Mt. Loretta Paving, $67.42 Yeas-Mayor Welu, Councilmen Schueller, Kintzinger Dove 975 Stetmore Street Curb & Gutter, , , Nays-None. $8,05 Absent-Councilman Kolb,. 977 Broadlawn Road Bituminous Paving, $21,24 December 14, 1956 1002 Meadow Lane Sanitary Sewer, To the Honorable Mayor $5,63 and City Council, 1019 Balke Street Asphaltic Ma- Dubuque, Iowa. cadam Surfacing, $48,10 Gentlemen; 1020 Garfield Avenue Curb & Gut Now that the improvement of ter, $53.22 West 9th Street has been complet- 1022 St, Joseph Street Asphaltic: ed and that Robinson Street has Macadam Surfacing, $51.83 been made a part of West 9th 1024 Fairway Drive Curb & Gut- Street, it is no longer necessary ter, $112,53 that a portion of West 9th Street 1030 McLenan Street Asphaltic.Ma- be kept as a part of the street sys- cadam Surfacing, $45.54 tem, 1031 Tressa Street Asphlatic Ma- I recommend that the South 20 cadam Surfacing, $11.26 feet of West 9th Street from Bluff 1036 Mt. Vernon Court Sanitary west 230.6 feet be vacated as it is Sewer, $26.88 no longer of use to the City of 1038 Adeline Street Curb & Gutter, Dubuque for street pruposes. $3.03 Respectfully submitted, 1039 Adeline Street Asphlatic Ma- L, J, SCHILTZ, cadam Surfacing, $2.04 City Manager 1040 Avoca Street Asphaltic Maca- . Councilman Dove moved that the dam Surfacing, $17.85 recommendation of the City Man- 1042 Buena Vista Street Asphaltic ager be .approved and the com- Macadam Surfacing, $6.48 munication be referred to the Plan- 1044 Finley Street Asphaltic Maca- . ping & Zoning Commission, Sec- dam Surfacing, $15.33 onded by Councilman Schueller, 1045 Marion Street Asphaltic Maca- Carried, by the following vote; dam Surfacing, $13322 Yeas-Mayor Welu, Councilmen 1046 Green Street Asphaltic Ma- Dove, Kintzinger, Schueller. cadam Surfacing, $9.64 Nays-None, 1060 Lowther Street Asphaltic Ma- .Absent-Councilman Kolb, cadam Surfacing, $8.89 December 14 1956 1063 Strauss Street. Asphaltic Ma- , cadam Surfacing, $54.96 To the Honorable Mayor 1068 Coates Street Curb & Gutter,. and City Council, $2.91 Dubuque, Iowa. 1075 Bradley Street Asphaltic Ma- Gentlemen: cadam Surfacing, $2,54 In accordance with Ordinance 1081 North Algona Street Asphaltic' No. 51.56 I recommend that the Macadam Surfacing, $3.58 City Council approve the transfer 1082 Pearl Street Asphaltic Maca- - of fonds available in the following dam Surfacing, $3.45 special assessment funds nn which 1083 Stetmore Street Asphaltic Ma- all bonds'have been paid and which cadam Surfacing, $2.76 have a credit balance to the Gen- 1084 Whelan Street Asphaltic Ma- eral Special Assessment Fund, cadam Surfacing, $1,07 Fund No. Credit balance 1087 Hamilton Street"Asphaltic. 950 Cox Street Sanitary Sewer, Macadam Surfacing, $2,19 $72.23 1096 Brunswick Street Asphaltic 954 East side of Fremont Avenue Macadam Surfacing; $3.09 Sanitary Sewer, $65,34 1098 National Street Asphaltic Ma- 956 Bluff Street Paving; $133,93 cadam Surfacing; $33.03 958 West 3rd Street Resurfacing, 1100 Simpson Street Asphaltic Ma- $216,84 cadam Surfacing, $35.27 - 960 Fremont Avenue Sanitary Sew- 1101 Mt. Vernon Court Paving er, $133.57 $218,53 Special Session, December 17, 1956 467 1104 Delaware Street Eituminous Concrete Surfacing, $13,67 1118 Bunker Hill Road Asphaltic Macadam Surfacing, $2,78 1119 Bunker Hill Road Aspahltic Macadam Surfacing, $28.79 1120 Edith Street Asphaltic Maca- dam Surfacing, $41.12 1121 Esther Street Asphaltic Maca- dam Surfacing, $8.48 1122 Finley Street Asphaltic Ma- cadam Surfacing, $129.46, 1123 Finley Street Asphaltic Ma- cadam Surfacing $2.07 1124 Jenni Street Asphaltic Maca- dam Surfacing, $93.04 1126 St, Ambrose Street Asphaltic Macadam Surfacing, $64.99 1127-Sunnyview Drive Asphaltic Macadam Surfacing, $11.74 1128 Tressa Street Asphaltic Maca- dam Surfacing, $8,01 1130 Burlington Street Asphaltic Macadam Surfacing, $10.86 1133 Ramona Street Asphaltic Ma- cadam Surfacing $10.31 1136 West 16th Street Asphaltic Ma- cadam Surfacing,. $1..47 1144 Alta. Place Asphaltic Maca- dam Surfacing, $1.53 1145 Concord Street Asphaltic Ma- cadam Surfacing, $2.97 1147 Roosevelt Street Asphaltic Ma- cadam Surfacing, $12,08 1146 Emerson Street Asphaltic Ma- cadam Surfacing, $54.36 1150 Avoca Street Sanitary Sewer, $29:27 Total Credit Balances $2,33921 1028 Paul Street Sanitary Sewer, $21.02 $2,360.23 Respectfully submitted, L. J. SCHILTZ, City Manager: Councilman Dove moved that the recommendation of the City Man- ager be approved. Seconded by Councilman Schueller. Carried by the following voter Yeas-Mayor Welu, Councilmen Dave, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. December 14, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa,. Gentlemen: According to Ordinance No, 51-56 I recommend that funds be trans- ferred from the General Special Assessment Fund to the special as- sessment funds for the amounts listed below: Fund No. Overdrawn 993 Cannon Street Curb & Gutter, $23.64 994 Laurel Street Curb & Gutter, $5.is 1043 West 16th Street Asphaltic Ma- cadam Surfacing, $2.26 1056 Decatur Street Curb & Gutter, $4,53 1057 Decatur Street Asphaltic Ma- cadam Surfacing; $1.94 1079 Napier Street Asphaltic Ma- cadam Surfacing, $6.53 10II6 Davenport Street Asphaltic Macadam Surfacing, $ ,15 1088 Hamilton Street Asphaltic Ma- cadam Surfacing, $7,63 1094 Apple Street Asphaltic Maca- dam Surfacing, $ .89 1097 Cross Street Asphaltic Maca- dam Surfacing; $4,50 1099 Ramona Street Asphaltic Ma- cadam Surfacing, $ .96 1131 Link Street Asphaltic Maca- dam Surfacing; $2.58 1135 .Sutter Street Asphaltic Ma- cdam Surfacing, $4.02 Total Overdraft $64.82 There are no oustanding bonds on the above special assessment funds and in order that the over- drafts can be taken care of, there is a sufficient amount of money available in the General Special Assessment Fund, Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Dove moved that the recommendation of the City Man- ager be approved, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None.. Absent-Councilman Kolb. December 17, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The petition of Oliver H, Nagel requesting permission to construct two concrete steps at 55 East Ninth Street was referred to the City Manager for investigation and report. 468 Special Session, December 17, 1956 I have investigated this request and find that it will not be neces- sary to construct two steps but one step will be needed. This one step will project 15 inches out onto the street. I recommend that permission be given to construct this step as it will not interfere with the use of the sidewalk area, Respectfully submitted, L. J. SCHILTZ, City Manager. Mayor Welu moved that the rec- ommendation of the City Manager be approved and that proper pro- ceedings be prepared, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councihnen Dove, Kiutzinger, Schueller. Nays--None. Absent-Councilman Kolb. December 17, 1956 To the Honorable Mayor - and City Council, Dubuque, Iowa. Gentlemen: When the City of Dubuque con- structs the sewage treatment plant on property recently acquired it would be practical for this area to be a part of the city. This parcel of property is con- tiguous to and adjoins the present city limits and I recommend that Lot 3 of Fractional Government Lot 1 of Section 6, Township 88, North, Range 3 East of the 5th p.m, be annexed to the City of Du- buque. ~ Respectfully submitted, L, J, SCHILTZ, City Manager, Councilman Schueller moved that the recommendation of the City Manager be approved, Seconded by Councilman Dove, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller. ~~ Nays-None. Absent-Councilman Kolb. 1 RESOLUTION N0. 243.56 RESOLUTION ANNEXING Lot ', 3 of Fractional Government Lot 1 of Section 6, Township 88, North, Range 3 East of the 5th P.M. to the City of Dubuque, Whereas, the City of Dubuque has recently acquired title to Lot 3 of Fractional Government Lot 1 of Section 6, Township 88 North, Range 3 East of the 5th P.M., in Dubuque County, Iowa; and Whereas, the City Manager has recommended that said lot be an- nexed to the City of Dubuque; and Whereas, the City Council hav- ing examined the plat of said lot finds that the same is contiguous to and adjoins the City limits and that it is in the public interest that said lot be annexed to the City of Dubuque; NOW, THEREFORE, BE IT RE- SOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1: That Lot 3 of Frac- tional Government Lot One of Section 6, Township 88, North, Range 3 East of the 5th P.M. in Dubuque County, Iowa be and the same is hereby annexed to the City of Dubuque; Section 2. That the City Clerk be and he is hereby authorized and directed to record a certified copy of this Resolution in the office of the .County Recorder of Dubuque County, Iowa. Passed and adopted by unani- mous recorded roll call vote this 17th day of December, A,D, 1956. CLARENCE P. WELU Mayor 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 Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller, Nays-None. Absent-Councilman Kolb. December 17, 1956 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: During the past year there has been many improvements within the City of Dubuque which could not have been possible without the excellent cooperation between all city departments. These projects could likewise not have been realized except through Special Session, December 17, 1956 469 the leadership and cooperative spirit of the City Council, It has been a pleasure to work as City Manager in Dubuque dur- ing 1956 and I wish to express my appreciation to the City Council oh behalf of myself and all city de- partments for your understanding and cooperation. I hope that we may continue to receive.. your support in carrying out the program that you will a• adopt during 1952 Respectfully submitted, L. J, SCHILTZ, City Manager. Mayor Welu expressed his ap- preciation to the Manager a n d moved that the communication be received and made a matter of rec- ord. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dave, Kiutzinger, Schueller, Nays-None. Absent-Councilman Kolb. Communication of Iowa State De- partment of Health granting per- mit No. 56.138.5 for Catfish Creek Lift Station subject to certain con- ditions, presented and read. Mayor Welu moved that the communica- tion be received and filed, Second- ed by Councilman Kiutzinger. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller. Nays-None. Absent-Councilman Kolb. Communication of. Board of Dock Commissioners requesting cancel- lation of taxes in the amount of $20.30, which is now charged against Milton and Ethel Tinkham, wlio owned parts of Lots 109 to 114 and part of Lot 2 of 115 in Ham's Addition and part of Lot 2 of Lot 1 of McCraney's First Addition, pre- sented and read. Councilman Dove moved that the communication be referred to the City Manager, Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor WeIu, Councilmen Dave, Kiutzinger, Schueller. Nays-None, Absent-Councilman Kolb. Notice of appeal by William and Ethel Jenni in the matter of the condemnation of certain Iands known as M. L. 248; Lot 2 of E ~/z of the NW '/4 of the NW '/a; and Lot 2 of Lot 1 of LoY l of the Wl/z of the NW~/4 of NWI/s Soc. 27, Twp 89 N. R, 2 E. 5 P.M.; Lot 2 of 2 and Lot 2 of Lot 1 of Lot 2 both of Bonson Farm Subdivision in Du- buque County, for the establish- ment of Catfish Creek Sanitary Sewer, presented and read. Coun- cilman Kiutzinger moved that the notice be referred to the City So- licitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller. Nays-None. Absent-Councilman Kolb, Notice of appeal of Thomas S. & Eleanor Smith, in the matter of the condemnation of certain lands known as Lot 1 of the Subdivision of Lot 2 of Mineral Lot 237 and Lot 2 of M. L. 238 in Sec. 27, Twp 89, N. 2E. 5 P.M, in Dubuque Coun- ty, for the establishment of Cat- fish Creek Sanitary Sewer, present• ed and read. Councilman Kiutzing- er moved that the Notice be refer- red to the City Solicitor for investi- gation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller, Nays-None. Absent-Councilman Kolb, Notice of claim of Genevieve McCarthy, of 5551/z W. 17th Street, in the amount of $3000, for personal injuries received in a fall on a de- fective sidewalk on the west side of Main street in front of or near 1005 Main street, on or about No• vember 5, 1956, presented and read, Councilman Kiutzinger mov- ed that the notice of claim be re- ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kiutzinger, Schueller, Nays-None. Absent-Councilman Kolb. Proof of Publication, certified to by the Publisher, of Notice of Hear- ing to consider the disposal of Lot 1 and Lot 2 of A. Y. McDonald Mfg. Co. Place to A. Y, McDonald Mfg, Co., presented and read. Ma- yor Welu moved that proof of pub- 470 Special Session, December 17, 1956 lication 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, No written objections filed and no objectors present in the Council Chamber at the time set for pub- lic hearing, ` ORDINANCENO, 60.56 An Ordinance approving a plat of Lot 1 and 2 of A, Y, McDonald Mfg. Co. Place and authorizing a quit claim deed thereto and accept- ing the streets dedicated therein, said Ordinance having been passed upon first reading on November 20, .1956 .and ordered placed on file with the ..City Clerk for public in- spection pending public hearing, was presented for final adoption, ' ORDINANCE N0. 60.56 An Ordinance approving a Plat of Lot 1, and 2 of A. Y: McDonald Mfg, Co. Place and authorizing a quit claim deed thereto and ac- cepting the streets dedicated therein. Whereas, by Ordinances adopted Sune 17, 1895, Novemkier 1, 1906, De- cember 23, 1948 and February 16, 19G1, the City of Dubuque, has heretofore vacated certain streets and alleys, or portions thereof located in the area bounded generaily by Pine street, East Twelfth street, Marsh street, (formerlg' Willow street) and East Fourteenth street in East Dubuque No. 2; and, Whereas, said vacated portions of said streets and alleys were conveyed to A.Y. McDonald Mfg. Co, as abut- ting property owners; and, Whereas, in>eonsideration of said vacations and conveyances A.Y. Mc- Donald Mfg, Co, fias agreed to convey to the City of Dubuque certain lots and portions of Lots in Eaet Dubuque No. 2 for the purpose of widening East 14th st„ and widening and ex- tending Ash street; and, i Whereas, in furtherance of said ' agreement and to clarify the meaning and intent of the parties and mutually establish the respective rights of the I parties in said area, A.Y. McDonald Mfg. Co. has prepared and submitted ~ to the City Coimeil a plat designated Plat of Lot. ] and Lot 2 of "A.Y. Mc- - _ Donald Mfg, Co. Place" in the City of Dubuque, Dubuque County, Iowa, dedicating East Fourteenth street and Ash street as the same appear on said plat and assigning the descrip- tion Lot 1 and Lot 2 in "A.Y. McDon- old Mfg. Co, Place" in the City of Du- buque, Dubuque County, Iowa, to the property remaining in the name of A.Y. McDonald Mfg. Co,; and, Whereas, the City Council having examined said plat finds that the - same expresses and reflects the true facts and intent oP the parties and of ~- said 'several vacation ordinances. and that-IIast Fourteenth street and Ash ' street asthe same appear thereon should be accepted and established as public streets. and that the provisions of Ordinance No, 23-45 are not ap- i plicable; Noty Therefore Be It Ordained Ry The City Council. Of The City of Dubuqtte: Section 1. That the Plat of Lot 1 and Lot 2 of "A. Y. McDonald Mfg. Co. Place" in 'the City of Dubuque, Dti- buque County, Iowa, be and .same is hereby approved, and that East Fcur- teenth street and Ash street as-:the same appear thereon be and the same are hereby accepted and established as public streets in the City of Du- buque, Iowa; and, Section 2. That the Mayor and City Clerk be and they are hereby author- ized. and directed to endorse, the ap- proval of the City of Dubuque, Iowa, on said plat and to execute and de- liver aquit claim deed conveying to A.Y, McDonald Mfg. Co. all right title and interest of the City of Du- buaue in and to Lot 1 and Lot 2 of "A.Y. McDonald Mfg, Co. Place" in the City oP Dubuque, Iowa as the same appear on said plat. Section 3. This Ordinance shall be in full force and .effect from and after its final passage, adoption and publication as by law provided. Introduced .the' 20th day of Novem- ber, 1956. Rule requiring reading cn three separate days suspended by unani- moue vote the 20th day of November, 1956. Passed, adopted and approved this 17th'day of December, 1956. CLARENCE P. WELU, Mayor. LEO N: SCHTELLER CHARLES A. I~INT7TNGER CHARLES E. DOVE Caunciimen., Attest: Leo F. FROMMELT City Clarlc, Published officially im The Tele- graph-Herald newspaper this 21st day of December 1958. LEO F. FROMMELT. 1t. 12/21 Oity Clerk Councilman Schueller moved the adoption of the Ordinance. Second- ed by Mayor Welu. Carried by the following voter Yeas-Mayor Welu; Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb,. Petition of Mrs. Alvin Anderson et al requesting extension of bus service to cross Mc]?oland street, up Lenox avenue and back on to University avenue, presented and read. Mayor Welu moved that the petition be referred to the City Manager. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu,' Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb: Petition of Margaret Kortmeyer, requesting a refund of $50, on the unexpired portion of her cigarette permit No: 74, as she has discon- tinued business as of December 3, 1956, presented and read.. Mayor Welu moved that the request be granted and the Auditor instructed Special Session, December I7 1956: 471 to draw a warrant in the amount of $50. payable to Margaret Kort- meyer, to cover the unexpired por- tion of her cigarette permit No. 74, Seconded by Councilman Dove. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None, Absent-Councilman Kolb, Petition of Margaret Kortmeyer, requesting a refund of $50, on the unexpired portion of her class "B" beer license No. 1, as she has dis- continued business as of December 3, 1956, presented and read. Mayor Welu moved that the request be granted and the Auditor instructed to draw a warrant in the amount of $50., payable to Margaret Kort- meyer, to cover the unexpired por- tion of her class "B" beer license No, 1. Seconded by Councilman Dove. Carried by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kalb. RESOLUTION N0. 244.55 BE IT RESOLVED by the City Council of the City of Dubuque that the fallowing having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within sai'd' City, Name Address Frederick J, Herber (Effective i-1.57), 609 East 22nd Street. BE IT FURTHER RESOLVED that the bond filed with the appli- cation be approved, Passed, adopted and approved this 17th day of Dcember, 1956, CLARENCE P, WELU Mayor 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 Kintzinger. Car- rie~d~ by the following vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays-None. Absent-Councilman Kolb, RESOLUTION. N0. 245.56 WHEREAS, applications f o r Class "B" Beer Permits have been submitted to this Council for ap- proval 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 Roger J. Bertsch, 326 Mai n Street. Mrs, Elizabeth M, Raines, 678 Central Avenue, Mrs, June Bull, 779 Iowa Street, Mrs, Beatrice C, Winkler, 998 Central Avenue. John Burgmaier, 2600 Jackson Street. Eldo Block, 53 West 12th Street. Raymond Kortmeyer, 435 Central Avenue, Passed, adopted and approved this 17th day of December, 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. Second- ed by Councilman Kintzinger. Car- ried by the following vote; Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller, Nays-None. Absent-Councilman Kolb. RESOLUTION N0, 246.96 WHEREAS, heretofore applica- tions for Class "B" Beer Permits were filed by the within named ap- plicants and they have received the approval of this Council; and WHEREAS, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed proper bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dubuque that. the Manager be am3' he is directed to issue to the following named applicants a Beer Permit, 472 Special Session, December ~17, 1956 CLASS "'B" PERMIT Name kddress Roger J, Bertsch, 326 Main Street. Mrs, Elizabeth M. Raines, 678 Central Avenue. Mrs. June Bull, 779 Iowa Street. Mrs. Beatrice C. Winkler, 998 Central Avenue, John Burgmaier, 2600 Jackson Street. Eldo Block, 53 West 12th Street, Raymond Kortrneyer, 435 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved, Passed, adopted and approved this 17th day of December, 1956. GLARENCE P, WELD Mayor 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 Dove, Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Dove, Kintzinger, Schueller. Nays..-None. Absent-Councilman Kolb. There being no further business Councilman Schueller moved to ad- journ. Seconded by Councilman Dove, Carried by the following 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