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1949 November Council ProceedingsRegular S'ession;. November ~fi}i, 194} 5~1 ~~~~ Ga~t~~e~~ (OiHclalp Regular Session, November 7th; 1949: Council met 7:30 F:M'. Present-Mayor Wharton, Coun- Gilman Russo,. Thompson, Van Duel'• man, Welu, City Manager Rhom• berg. Mayor Wharton stated that this is the regular monthly meeting of the. City Council. for the purpose of acting upon such business as may properly come. before the meeting. Councilman Van Duelman. moved that'the rules-be suspended for the purpose of• allowing any one pre• sent in the Council Chamber, who wishes to do so; to address file Council: Seconded bg Cbuaeilman Welu: Carried by the follow4ng vote r Yeas--Mayo' Wharton; Counef4 men Russo, Thompson, Van Daei. man, Welu. Nays°-None: To, the Honorable Mayor. aad; City, Council. of. the City of Dubuque. Gentlemen: The: matter of ra• roptiug, highways 52; 161 and 61 has: been- considered.. by' Attaraey Louis•F. Fautschc repressnting,Cen- tral;Avenue Business District Coun- cil;. Earking and Infra-City Traffic Committee of the Chamber of Com- morce; A"ttoruey Robert, Kenline, representing St. Patrick's Catholic Church; Attorney, Frank D. Gilloon and Citizen J. W. Lundin~ and.. the undersigned ~ representing s u.c h grRUps, is• plea~edi to inform: your Honorable Body, that they:-.have unanimously agreed upon a pro- posed,plan to. divert,trafflc Doming from, the South. on Highways b2, 151 and 61 from Locust Street: at Fourtli~ Street,.. thence East. on Fourth StreeC. to" Central Avenue, thence North on Central Avenue, and South bound trai6,e- to travel the same route:. Tha proponents,and objeetors,to the original prapos;ad route:. are unanimous ia~ also recommending to yoar Honorable Body that traJ. fie lights be installed',at Fourth and Locust, Fourth and Central; and that Fourth Street from Locust to Csntirdi Avenue, be made a. no-park= ing bouievardi, and an alternate City Route be continued over the present course of said ICighw~ays 62, 1fr1'. and. 61.. it f~ the opinion- of the under' signed~tha# this proposed route:will relieve the? present troaffic problems and congested- conditions eaiatiag along the present route° from Lo• cost Street to TrFth: Street; thence east on 1+ith Sheet tc Centi+al Aivenue; thence North. on. Central Aveiro"e. The undersigned request that you give this matter your immediate consideration and' acting as the City Council make written request to the Iowa State Highway Cbm• mission- for ne~routing. the... Hfgh• wage ae~ aeG. out henaiu> Respectfully submitted, Attorney Louils F. Fautach; Central'. Avenue: Business Ditltrict Council,:. Ranking and. Infra*Citp Traffic. Committee; Attorney R~aberL Kenline; SC. Patric&re: Catholic- Church; Atfi~r~ey., Frank D, Gilloon; Citizen. J: Wt Lundin; Bq, Louis F. FauLseh,. Attorney M. H. Czfielt, represent• ing~the Barking--and Infra-G"itq Traf• i[c~ Committee' of they Chamber of Commerce; Attorney' Fords= F. Fautech; representing the Central Avenue gnslneas Dlgttvct' Gouneil, AttornegRbtiert I{'eeline represenC- ing St. Ratrlek's Catholib Chortle, Attorney. Frank D, Gillbon~ and Mr. Ji W; Eundin~ addressed the Coun. Gil in" aupporC oY' flee communica- tion. Mr, W. J. Canfield addressed the Council submitting" objections to the proposed` alternate route and also to the no-parking, on Fourth Street`as recammended'in the com• munication: Mr:. Peter H. McCarty addressed the Council.asking that before the recammendatiane contained in the communication. are, approved that the matter of. safety. for pedestri- ans. be taken"into. consideration. Mr: Louis KolFeabaeh addressed the Council submitting a plan to divert the hig]Yway traffic over Rail- road~ Avenue. at South Locust, thence seat to~Maine.Street, thence tnocth:: on: Mwdrr to Third. Street, 590 Regular Session, November 7th, 1949 thence east on Third Street to Cen• tral Avenue and thence north on Central Avenue. Councilman Russo moved that the proposed rerouting of High• ways 62, 161, 61 and Primary No. 3 as submitted by respective rep• resentat5ves, be adopted, with the omission of the alternate route, and that the City Manager be instructed to petition the Iowa State High• way Commission for approval of the suggested route. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None, Councilman Welu moved that the Chief of Police be instructed to submit a report to the City Council on the matter of parking on Fourth Street from Locust Street to Central Avenue, and also as to the placing of Stop and Go lights along the newly routed high• ways. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel. man, Welu. Nays-None. Councilman Russo moved that the petitions of the Parking and Infra-City Traffic Committee of the Chamber of Commerce and of St. Patrick's Catholic Church be re- ceived and filed. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of William F. and Belle Appel, Harry and Lillian Phillips, U, S. Jr. and Marie Lewis, G. N. and Louella Gollobitz, Frank R. Kerrigan, Donald H. Head, Emma L, Heiler, Ferd Jr. and Gladys Nes- ler, Lee Ziepprecht, William N. and Lee Ziepprecht, Robert and Elean• or Holscher, G. H. Holscher, 0. Richard and Maurine Braun, S. G. Dye, Ann Ziepprecht, Ed and Edna Turnquiat, Frank and Ruth Nagele, A. and May Salz, George B. Col- linson, Frank A, Fluckiger, Edward A .and Naola McDermott, R, W. and Janaan Beach, Bert and Laura Nowlin, By, O'Connor, Thomas and O'Connor, their A•ttorneye, submtt- ling objections to the legality and regularity of special assessments levied by the City Council against their property for the construction oY an eight Inch sanitary sewer, lift station and six inch force main in Bradley Street Sewer District, presented and read. Councilman Thompson move d that the petition be referred to the City Solicitor for investigation and report Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Notices of Appeal and Original Notices of William F. and Belle Appel, Harry and Lillian Phillips, U, S. Jr. and Marie Lewis, G. N. and Louella Gollobitz, Frank R. Kerrigan, Donald H. Head, Emma L. Heller, Ferdinand A, Jr, and Gladys Nealer, Lee Ziepprecht, Wil- liam N, and Lee Ziepprecht, Robert and Eleanor Holscher, Gilbert H. Holscher, 0. Richard and Maurine Braun, S. G. Dye, Ann Ziepprecht, Ed and Edna Turnquist, Frank and Ruth Nagele, Andrew L. aad May Selz, George B. Collinson, Frank A. Fluckiger, Edward A. and Naola McDermott, Robert W. and Janaan Beach, Bert and Laura Nowlin, by O'Connor, Thomas 8c O'Connor, At- torneys for Plaintiffs vs. City of Dubuque, a Municipal Corporation, Defendant, from the special asaesa- mente levied against their proper- ties for the construction of an eight inch (8") sanitary sewer, lift eta_ lion and six inch (6") cast iron force main in the Bradley Street Sewer District in the City of Du• buque, Iowa, presented and read. Councilman Russo moved that the Notices of Appeal and Original Notices be referred to the City So• licitor. Seconded by Councilman Thompson, Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Dule• man Welu. Nays-None. Communication of Robert L, Lar• son, Attorney General of Iowa, re- questing each and every law en- forcement officer to take immediate steps to see that gambling devices of all types be premanently elimi- nated from this state, presented and read. Regular Session, November 7th, 1949 591 Councilman Van Duelman moved that the communication be referred to the Chief of Police. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu, Nays-None. Communication of the Dubuque I' Safety Council suggesting that 1f passible a sidewalk be built on the ' east aide of Locust Street from Dodge Street south to the area of the playgrounds near Railroad Ave• nue as there is no crosswalk or intersections between those points, presented and read, Councilman Russo moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Welu, Carried by .the following vote: Yeas-Mayor Wharton, Council_ men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Alonzo T, Murphy and others requesting the installation of a street light at the intersection of Decatur and Prescott Streets, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. To the Honorable Mayor, City Manager and City Council of Dubuque, Iowa. The John G. Miller Construction Co, of Waterloo, Iowa, has been ne. gotating with a group of Dubuque citizens for the construction of ap• proximately fifty-two living units in the City of Dubuque, Iowa. For this purpose it is proposed to util• ize the so-called Rhomberg Park site between Rhomberg and Gar- fteld Avenues and Stanton and Shires Streets upon which an op- tion has been given by the under_ signed owner of the property. The Federal Housing Adminiatra• lion has indicated that it will ap• prove the necessary construction loan but requires a written expres- lion from the City Council that it will install a water main within five feet from the back of all of said living units and will cause the necessary proceedings to be taken to provide suitable street pave- ments on the Garfield, Stanton and Shiraa aides of the property which are not now paved, the cast thereof to be assessed against the benefited property on both sides of said streets. It is requested that the City Council indicate its desire to co- operate in carrying out this civic project which will furnish fifty-two or more living units very badly needed in Dubuque, and that as. aurance may be given to the Fed- eral Housing Administration that its requirements regarding water mains and street improvements will be complied with. November 7, 1949. Respectfully submitted, CHARLES H. RHOMBERG. Mr. Jokn A. Kerper, Secretary of the Chamber of Commerce, Mr. Charles T. Rhomberg and Mr. A. J. Kisting addressed the Council in support of the petition, Councilman Welu moved that plats and schedules, plane and ape• ciflcations be prepared for the im- provement of Garfield Avenue from Stanton Street to Shires Avenue, also for the improvement of Stan- ton Street from Rhomberg Avenue to Garfield 'Avenue, also for the improvement of Shires Avenue from Rhomberg Avenue to Garfield Avenue with curb and gutter and black top surfacing, and also for the installation of water laterals into the Rhomberg property, said improvements to be paid for by ,special assessment method. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of Richard M. Chapman requesting a refund in the amount of $160.00 on the unexpired portion of his Class "B" Beer Permlt No. 100, as he has discontinued buss. nesa on November 6, 1949, present- ed and read. Councilman Van Duelman moved that the request be granted and the City Auditor be instructed to draw 1592 Regat<ar Sessi~y Nover~t~ber .7th, ~~49~ a sramrant i8 !he'satoa®t of $160A0 in favoa~ ad R#ehard M. Chapmaa to cover bhe amount of refund .granted do +ths nnex4(red 'Pnr6ton of Aaea "B" Bear ~Penpit !$~+. 199, Seoondefl by Tbgncilanan 'ZVe'iv. l':arried my t1e Dotlowing vote': 'Yeas-Mayas 9P}mrt+m, C~n~di• mea Ra#ao, Thompson, Van Duef- man, 'R'elu. Nays-~P~e. Petition of Richard M. Chapman requesting a reflmd 1n the amount of $50.00 on the unexpired pettiion of 'his Cigarette Permit No, 2$E, as he has disconttaned bns}ness oa November 5, t94l, presented and read. Couneilma,n vari Duelman moved that the request be granted and th,e City Auditor instructed to draw a warrant in the amount of $50.04 in Yavor of Richard M. Chapman to cover the amount of refund granted nn the uuexpirdd portion of Ciga- rette Permit No. 282. Seconded by Cosn,cilman Wept. Carried by'the following vote: Yeas-Mayor Wharton, {bsncil- men Russo, Thompson, Van Due4 man, Welu. Nays-None. pctober 24, 1949. His Honor, the Mayor City of Dubuque Dubuque, Iowa, Dear Mr. Mayor: There are enclosed flue copies of an Amendment to Grant Agree• meat for the Dubuque, Iowa, Mu_ nicipal Airport, Project No. 9-13.020- 841, which Grant Agreement was accepted by the City of Dubuque, Iowa, on June 22, 1998. The pur- pose of this Amendment i8 to in• crease the maximum obligation of the United States' from $83,9b0 to $36,748. If the terms of the Amendment are satisfactory, it shall be exe- cuted and attested by the officials duly authorized by an appropriate resolution of the governing body of the City of Dubuque, Iowa, to so execute and attest said Amend_ merit. -The resolution of the gov- erning body shouts set forth, at length, the terms of the Amend- ment to Grant Agreement. The Sponsor's Attorney should certify as to the proper eaecutlon of the Amendment to Grant Agreement, which certifleation will be found on 'page 3 ~df'the Amendment to Grant Agreement. Tie District Airpot+t Engineer will advise and assist you in the preparation of the resolution. It i8 requested that the executed original and tht~ee executed copies of the Amendment, tog~sther with the necessary copies of the resolu- tion, be forwarded to the District Airport Engiaeer, Cfvii Aeronau- tics Administration, 215 Jewett 'J9nilding, 9th and Grand, Des Mofines, Iowa. Sincerely pours, I.17(1NARD W. JURDEN, Regi~l Administrator, Councilman Weiu moved that the communication be received and made a matter of record. Second- ed by Councilman Thompson, Car- rled by the following vote: Yeas-Mayor Wharton, Council_ men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 307--~F9 Resolution Adopting and Approv- ing the Execution of Amendment to Grant Agreement in Relation to the Development of the Dubuque Manicipal Airport. Be It Resolved by the members of the City Council of said City of Dubuque, Iowa: Section i. That the City of Du- buque, Iowa, shall enter into an agreement entitled Amendment to Grant Agreement, with the United States for the purpose of amend- ing the Grant Agreement between the Administrator of the Civil Aeronautics Administration, acting for and in behalf of the United States, and the City of Dubuque, Iowa, accepted by said City of Du- buque, Iowa, on June 2, 1948, Section 2, That the purpose of said Agreement to the Grant Agree- ment is as follows: To increase the amount of the maximum obligation of the United States from $33,960.00 to $35,706.400, or an increase of $1,758.00, Section 3. That the Mayor of the City of Dubngne, Iowa, ie here. by authorizefl and directed to exe- cute satfl Amendment to the Grant Agreement on behalf of the Cltq of Dubuque, Iowa, and the City Gierk to hereby authorized sad directed to impress the offldai sea? of said Reg~l~ar Session, November 7th, 1949 593 'City oY Du~$tre, 4owa, and to at- te9t eatfl execa"Olon. Seaton 4. That 'the Amendment 'Go'ths ~ra~t Agreement referred to hereinbefore reha'll 'be as folalws: VVherea's, the Administrator of Civil Aeronautics has determined it to be in the Merest of the United States that the Grant Agreement between the Administrator of Civil Aeronautics, actia~ for and on be- haif of the United States., and the City of Dubagae, Iowa, accepted by said City of Dubuque, Iowa, on Jaae 22, 4949; be amended as here- inafter provided: NnW, Thefetoiti, @V4tnesaeth; 4'hat, in cohsideration of the benefits to accrue to tike parties hereto, the Admini-stirator oI Civil A~onaatica, on behalf of the Unit- ed States, on the ens part, and the City of Dubuque, Iowa, on the other part, do hereby mutually agree that the said Grant Agreement shall be and is hereby amended by revising I'aragiaph Nd. 1, page 2 therein to Bead as fohowa: 1. The maximum ubligatioa of the United States payable under this Offer shall be $35,798.00. I'ASaed, it~opted and Approved this 4th daj of November, 1949. AL$EIt`i' WIiAItTGN, Mayor. P. VV, TIi0M13SbN, li'#.Aidf{ 4AN I)bELMAIV, ROMdi,O ~. It17SSb, CLAR~CL P. WELD, Councilmen, Attest: 3.'~. ~iI~A, Cltj Clerk. Connciltnatt Van Daelmsn moved the adoptio$ of the resolation, Sec- onded lay Connsilsaen Thompson. Carried by the folloi6ing vote: Yeas-Mayor Wharton, Cditncil. meh Russo, Thofti$k6n, Vafi Duel- man, Weld: Nayt~IKdiid. Communication of The Key City Gtid Company submitting Atiliched audited Dopy of calculations of Fuel Clause Adjustment based on fuel costs as of September 30, 1949, in accordance with provisions of Ordi- nan No. i0-49, presented and read. Coundiman Thdmp§on move d the udrAmdtritlatibl! and dopy of audit be rsceivdd and placed on file. Seconded by Ooandlman Van Duelman. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Due]- man, Welu. Nays-None. 'Communication of Board of Bock Commissioners enclosing for Coun- cil records Lease and Agreement between Dubuque Sports Bowl Cor• poration and City of Dubuque, by Board of Dock Commissioners, pre- sented and read. Councilman Van Duelman moved that the communication and Lease and Agreement be received and placed on file. Seconded by Coun- cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 39-49. An Ordi- nane establishing parking regula- tions on certain parts of Seminary Street, East 22nd Street and Merz Street, and providing for a penalty for violation thereof, presented and 'read. Councilman Thompson move d that the reading just had be con- sidered the first reading of the ordinance. Seconded by Council- man Russo. Carried by the fol_ lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Weln. Nays-None. Councilman Thompson move d that the rules be suspended requir- ing an ordinance to be read oh three separate days. Seconded by Councilman Van Duelman. Carried by the fallowing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Thompson move d that the ordinance be placed bn file with the City Clerk for putilic inapectiori for at least one week before its fins] adoption. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson; Van Duel_ man, Welu. Nays-None. Communisation oP Dr. Entringer, Director bf Health, sulimittfng for 594 Regular Session, November 7th, 1949 Council consideration a Rat Con- trol Ordinance and also recom- mending that a landfill type of disposal of refuse be used instead of the present type of dumping, presented and read. Councilman Welu moved that the communication of Health Director Entringer, together with the pro- posed Rat Control Ordinance, be referred to the City Council, acting as a Board of Health, for their review and consideration, Second- ed by Councilman Thompson, Car• ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. October 24, 1949. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With ~ reference to the petition of Mra. Katie A, Mi]- ]er for suspension of the 1949 tax on South S ft, of Lot 9 and all of Lot 10, Johnston Subdivision in the City of Dubuque, because of in• firmitp, I recommend that said pe- tition be approved and that noti- fication thereof be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the Board of Supervisors be notified of the action taken by the City Council. Seconded by Coun• cilman Welu. Carried by the fol• lowing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 26, 1949. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Floyd L. Stallemith of 690 Seminary Street referred to me, I have talked to the claimant, and he informs me that he does not claim the amount of damages sus• twined to hie car, but he is only asking that Hodgdon Place be placed in a reasonable state of re- pair so that the people on the street can drive their cans into their garages without sustaining damages to their cans, He states that the street is in bad condition and in need of repair. I informed him that was a matter for the street commissioner. Yours truly, JOHN J. KINTZINGER, City Solicitor. Councilman Russo moved that the communication of City Solicitor Kintzinger be referred to the Coun• cil to view the grounds. Second• ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. October 28, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On March 1, 1947, Louis Schloz, a City Garage em• ployee, suffered a broken right leg in an accident at the City Garage when a truck struck him while he was engaged in filling the truck with gasoline, As a result he was laid up and incapacitated for a period of about a year and a half, during which time he incurred medical and hospital bills in the total sum of $1,148.76, not taking into account the free services he obtained through the U. S. Veter• ans' Administartion, .Our insurer, The Bituminous Casaalty Corporation, has paid the medical and hospital bills to the extent of $600.00 which was the legal limit applying at the date of the accident.. The present status of Mr. Schloz's account with two doctors and Finley Hospital is as follows: Joseph W. Lawrence, M.D.....$ 92.98 Donald C. Conzett, M.D......... 113.00 Finley Hospital, Dubuque, Iowa ........................................ 340.77 Total ..................................$546.76 In the belief that there is a moral obligation on the part of the City of Dubuque as employer to take care of the out-of-pocket medical and hospital expenses in excess oP those paid by the insurance com• pony, I have written the State Au• ditor to determine his view on whether or not the city could pay Regular Session, November 7th, 1949 59S such bills. The reply to this ques- tion stated that while there is no specific law covering the matter, the State Auditor's Office felt that the city was morally bound to as• some the obligation and that the department would raise no objec- tion to the use of public funds in payment of the bills, I recommend that the City Coun• cil authorize the issuance of war• rants to Dr. Joseph W. Lawrence in the amount of $92.98, to Dr. Donald C. Conzett in the amount of $113.00, and to Finley Hospital in the amount of $340.77. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved and warrants ordered drawn in the various.amounts as recommended. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. November 7, 1949, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Thie is to advise that I have approved the follow ing policy and request your ap• proval on same for filing: EXCAVATION Curtis-Straub Company, 1072 Lo• cost Street, Policy No. MP62394, Central Surety & Ina. Corp. Respectfully submitted A. A, RHOMBERG, City Manager. Councilman Van Duelman moved that the policy be approved and placed on file. Seconded by Coun• cilman Welu. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Due]• man, Welu. Nays-None. November 4, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the grading of Adair Street from the north property line of Loras Boulevard to the south pro perty line of Rosedale Avenue, under contract with the Bill Cur• phy Company of Des Moines, has been completed in accordance with the plans and specifications. I therefore recommend acceptance of this work, Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Russo moved that the recommendation of City Man• ager Rhomberg be approved. Sec• onded by Councilman Welu. Car ried by the following vote; Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu. Nays-None. (A Resolution Accepting Improve• ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA Resolution No. 308-49 Whereas, the contract for the grading of Adair Street from the north property line of Loras Blvd. to the south property line of Rose- dale Ave, has been completed and the City Manager has examined the work and filed his certificate stat• ing that the same has been com• pleted according to the terms of the contract, plans and speciflca• tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. Be It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the street construction fund in an amount equal to the amount of his contract, less any retained percentage provided for therein. Passed, adopted and approved this 7th day of November, 1949. Approved: ALBERT WHARTON, Mayor. F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen. Attest: J, J. SHEA, City Clerk. 596 Regular Session, November 7.th, 1949 Councilman. Van Duelman moved the adoption of the resolution, Sec- onded by Councilman. Welu. Car• ried by the. following vote: Yeas-Mayor Wharton, Councii~ men Russo, Thompson, Van Duel- man, Welu. Nays-None, November 7, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the construction of the Du- buque Municipal Airport access road under contract with the Will- man Company of Cedar Rapids, Iowa, has been completed in ac- cordance with the plans and speci- fications. I, therefore recommend the ac- ceptance of this work. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Welu. Car- ried by the fo]lowing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOW9 Resolution No. 309-49 Whereas, the contract for the construction, of The Dubuque Mu- nicipal Airport Access Road from Highway No. U, S.• 61 has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifications and recommends its acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said improvement be and the same is hereby accepted. Be It Further Resolved that the City Treasurer be and be ie hereby directed to pay to the contractor from the Airport Fund in an amount equal to the amount of his contract, less any retained percent- age provided for therein. P§esed, adapted a>ld approved this: 7th-. day of Nouembar; 194;x.. Appeovedl: ALBERT IiILIt4,R,'I?Qi~I: Ma$11r• F, W. T$a3>i,ES411,i~J, FRANIi; VAl'i AW~MA~, ROMOLl3: Nv R~SSQ, CLAR~NCP P. WELiJ,, Couttailmen, Attest: J, di SiiE,~, CiCy Clerk, Councilman Van Duelman moved the adoptior} of the resolution. 9ec• onded by Councilman Thompson. Carried. by the following vote: Yeas-Mayor Wharton, Council- men Russo,. Thompson, Van Duel• man, Welu. Nags-None Npxem4er 4; 1949. To, the. Honorable Mayor and City, Council; Dubuque, Iowd,. Gentleman; T;hia i$ kn-, advise that the' construGtiOn~ o[ 8',' sarpitary sewers. in, Lincoln A•vsuue from Rhomberg Avenue 296.3' west and in Rhomberg Avenue from the. ceu~ ter line of Lincoln, Avenue to a point 184' north, under contract with the Larsgn Construction Com. pony, have been completed'; in ac- cordance with the plane; and speci- fications. Itherefore recommend the. acceptance o1' this work. Respectfully submitted,, A,. A.. RH0711BERG, City Manager Councilgie.n;VReltr mnvad-drat the recommenda#1an; of Cityy: ]YLanager Rhomberg be appruq+ed:: Seconded by Couneiiinan. Thompaa~, 4arried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Tbomp~on, • Van. Duel- man, Wefu, Nays-Npne. (A Resolution- Aceepting Improve ment and Directing the Clerk to Publish Notice:) CITY OF DI7BQQUH',,IOWA Resolution No,,31U-49_ Whereas, the contract for the constCuettpn,oG:an eight (8) inch sanitary aew,er described ag; tol• lows: In Lincoln.AYeune ftawabe existing manhole at,tieadnterse~iou of Lincoln and;RitombR~rg;9;ranuea tv a point: E98c$ fist-w,es~t;:: alan~ is Rhomberg-AYSnue.4pm tbe.:ce~te~ line of, Ldncnln~,AYe~ns to?a, point Regular Session, November 7th, 1949 S97 184 feet north has been completed and the City Manager has examin• ed the work 'and filed his certificate stating that the same has been com- pleted according to the terms of the contract, plans and specifiea- tions and recommends its accept- ance, now therefore, Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recommendation of the City Man- ager be approved and that said im- provement be and the same is here- by accepted and the City Engineer be and be is hereby directed to prepare a plat and schedule show- ing the lots or parcels of real estate subject to assessment for said improvement and file the same in the office of the City Clerk sub- ject to public inspection and said Clerk shall upon receipt of such plat and schedule publish the notice oP the Council's intention to levy special assessments therefore, as required by law. Be It Further•Reaolved, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement bonds is- sued upon the above described im• provement in amount equal to the amount of his contract, less any retained percentage provided far therein. Passed, adopted and approved this 7th day of November, 1949, ALBERT WHARTON, Mayor F.W.THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu, Nays-None. November 4, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the construction of 8" s~u~~ tart' sewers in Link Street, Balks Street and Brunswick Street, un• der contract with the Thos. Flynn Coal Company, have been com• pleted in accordance with the plans and specifications. I therefore recommend the acceptance of this work. Respectfully submitted, A. A. RHOMBERG, City Manager Mayor Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None, (A Resolution Accepting Improve- ment and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA Resolution No. 311-49 Whereas, the contract for the construction of eight (8) inch sani- tary sewers in the following loca- tions: 1. Beginning at the existing M. H. located at the intersection of Burden Avenue and Link Street and running west in Link Street to the intersection with the center. line of Balks Street; thence north- westerly along the center line of Balks Street to a point 100 foal northerly from the northerly prop~ arty line of Strauss Street, 2. Beginning at the intersection of the center linen of Balks and Link Streets and running weal a dis- tance of 28 feet 8 inches. 3. Beginning at the intersection of the centerline of Balks and Strauss Streets and running west- erly along the centerline of Strauss Street to the intersection of Bruna• wick Street; thence southerly in Brunswick Street to the interaec• tion with the center line of Link Street has been completed and the City Manager has examined the work and filed his certificate star- ing that the same has been com• pleted according to the terms of the contract, plans and specifications and recommends ire acceptance, now therefore, Be It Resolved, by the City Coun- cil of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is S98 Regular Session, 11toYelnber 7.th, 1949 hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and schednle showing the lots or parcels of real estate subject to assessment, for said improvement and file the same in the office of the City Clerk subject to public inspection and satd Clerk shall upon receipt of such. plat and. schedule publish the notice. of the CounoiPa intention to levy special assessments these• for, as required by law. Be It Further Raeoived, that the Gity Treasurer bs and he is hereby diTeoted to pay to the contractor prom the funds to be realized front the sale of improvement bonds is• sued upon the above described im• provement in amount equal to the amount of his contract less any retained percentage provided for therein. Passed; adopted and: approved this 7th day of November, 1848: ALBERT WHAHTON, Mayor F.W.THGMPSCN, 1FRANK VAN DUELMAN, ROM4L0 N. RIISSO CLARiyNCE P. WELD, Councilmen Attest: d. J. SHEA, City Clerk Cbuncilmaa l;usso moved the adoption. of the reao]utipn. Second• ed by Councilman tiVelu. Carried by the following. vote: Yeas-Mayor Wharton, Council- ~~ Aaae4, Thompson, Van Duel• man, Welu. Nayo--Ngne: November 4, ltl~9: To the Hos~abie:Idayer and: CIty Council, iDabsgne, Iowai. Gentiemaa: This is to aivfae that the- lmprovememt of Bail[e Street from the north cart liae ~ Law;th• er Street to the south curb line of Grovetaad Pbroce with: eoa,erete and gutter, mmder oontrnat vlth tte K•M (lonstrmedon Company, has bed eompieted in acaorianoe with fire piano and speoiflcatlons. I' t4m+a• fore reeo®meni the.aeceptaace.of this work. $espedfaliy smbnsitted, A. A. itilt)1[SERG, City l[asager, Councilman Ruaeo moved that the recommendation o1 Clty Idan- alter Rhomberg be approved.. Sec• ended by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Wharton, Council• me~p. Russo,. Thompson, Van Duel- ~an, Welu. Nays-None. (A Resolution Accepting Im- provemeut and Directing the Clerk to Publish Notice.) Resolution No. 312-49 Whereas, the contract for the im- provement of Balks Street from the north curb line of Lowther Street to the south curb line of Groveland Place has. been completed and the City Manager has examined the work and, filed his certificate stat- ing that the same has been com• pleted, according to the terms of the contract. and epeciScations and recommends its. acceptance, now therefore,. Be It Resolved, by the City Coun- ciJ of the City of Dubuque, that the recommendation of the Cfty Man- ager be approved, and that said im• provement be and the same is here- by accepted and the City Engineer be.apd he is hereby directed ~to pre- pare aplat and schednle showing the lots; or parcels of real estate subject, to assessment for eatd im- provement and file the same in the o>ace of the City Clerk subject to pnbtic inspection. and said Clerk shall npgn,receipt, of such plat and schednle publish the notice of the Council's intention to levy special asse,~sments Usereipr, as required by law, Be It Further Resolved, that thA City Treasurer be and he is hereby directed to pay to the contractor from the funds. to be realized from the sale of improvement bonds laenei ~ the above described isrpa~osememt In amount equal to tine amnsat aI hie uoatract, less any retained i-eraertage provided for t6si+eiII. Passsd, adopted and approved this 7th day of November, 1941. Approved: A1.,BF1iT WHARTON Mayor. F. W. THQ141PSCN. FRANK VAN AIlFLMAN ROM~I,O, N. $USSO CI~AR~NCE P, WEI.II. Councilmen. Attest;. J J,. SAFI~,, City Clerk. Regular Session, November 7th, 1949 599 Councilman Russo moved the adoption of the resoIntion. Sec• ended by Councilman Van Duel• man. Carried by the following vote; Yeas-Mayor Wharton, Council• men Russo, THbmpson, Van Duel- man, Wets. Nays-None. November 7, 1849. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr, James Riley of 1960 Lombard Street )~ r~nested permission to coanect to the esnl- tars sewer in Lombard Street an• der the terms of Ordianee No. 30- 41. He has made payment to the proper parties and I rnoonsmend that the City Council grant the re• quested perntteston. Respectfully submitted, A. A. RHOM13E1tG, Cfty manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Ruaeo. Carried by the tallowiag vote: Yeas-Mayor Wharton, Cosncft- men Russo, Thompson, Van Dael• man, Welu. Nays-None. November 7, 1449. To tYe Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On November 6th the City Cosncii together with the wat- er contested with the engineering firm of Conaoer, Torrnaend and As• sociates in Chtcago on water treat- ment, roster distribatfon and sew- age treatment eabJeeta After a lengthy conference and demonatra- tion of the relationship of taste of water in water treatment, the Council arrived at the following conclusions: 1} That a revised estimate of the cost of conettncting c water treatment plant be obtained and that the aeeewary prelindnary psoceedinga be ~tepared for a public hearing on the edvfsablF ity of proceedings with the con- struction of such plant; 2) That an investigation be made of the propel' method to improve water pressures and volumes in areas of the city where they are presently deficient. 3) That an investigation be made of the advisabilite, the chat, and of the method of apportioning such cost in the matter of cal- letting and pumping the Pack• ing House wastes into the sani• tart' sewer system of the City. I recommend that these decisions of the City Council be confirmed and that the City Manager be auth- orized to` proceed with such investigations. Respectfully submitted, A, A. RIiCMBERG, City Manager. Gonffei4man Wefn moved that the recontmendstioas of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Counefi• men Rsseo, Thompeoa, van Duel- suul We]u. Nays-Mono. November 7, 1949. To the honorable Mayor and City 'Cben'cil, Dabatlae, Iowa. Gentlemen; The Fiftythird Gen- eral Assembly enacted a new law covering fire fighting outside cities and to'Nns kno~tin as Chapter 162. This Act provides that any city or toirn may bq ordinance provide ter,as aad eonditlons under which its iti'e fighting equlpinent and flre• mnn may respond to Balls for fire flitting or other emergency assiet- ance outside its corporate limits. Since the City of Dubugas had aratntcted to reader flee fighting service to several industries and imlfitatians outside the corporate limits, I recommend that the sitna- tion be covered by the adoption of an ordinance conformsig to the re• Gently enacted law. Attached is a model ordinance from the League of Iowa Municipalities which may be of same assistance. Respectfully submitted, A. A. 12HCMBERG, City Manager. Councilman Russo moved that the reoonamendation of City Man• agar &homberg be approved and the City Solicitor instructed to pre• pare as ordinance for Council co$- sideratioa at Lheir neat s-eeting. Seconded by CeaneAman Wela. Carried by the followiag vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Dsel• man, Welu. Nays-None. 598 Regular Session, l~Iovember 7.th, Y949 hereby accepted and the City En- gineer be and he is hereby directed to prepare a plat and achedale showing the lots or parcels of real estate subject to assessment. for said improvement and file the same in the office of the City Clerk subject to public inspection and said Clerk shall upon receipt of such. plat and. schedule publish the notice of the Council's intention to, levy special assessments ffiere• for as required. by law. Be It Further Raeoiyed, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized from the sale of improvement. bonds fa• sued upon the above described im• pmvement in amount egasi; to the amount of his contract leas any retained percentage provided for therein. Passed, adopted and. approved this 7th day of November; 1848: ALBERT WdIAitTON, Mayor F.W.THOMPSON, FRANK VAN AUELMAN, ROMAI,O N. RT7BS0: CLARISNCE P. WELU, 4loandlmen Attest; d, J, SHEA, City Clerk Gbuuralqulu Russo moved. the adoption of the reaolutipn. $econd• ed by Councilman We1u. Carried by the following. vatC: Yeas-Mayor whartoa, CwincU• ~~ Auseq, Tbonapson, Van Duel- man, Welu. Naas-None: Noxemher 4, i9dYi To th9,Honorahie.liayor and: City Council, Ilatmque, Lrws. Gentlemen: This ie to advise that the.. improvement of Balks Street from the north curb ltae of Lau3h• er. Street to the mouth curb line of Grovetand Place xith eonuete and gutter, under eontnct slth tke-H•liI Conatrnc4lon 1;ompany, has been oartPleted in acooriaoce with. the plena- and ~eeificati~a. I' there fore recommeni tbe.monptaace.ot this work. 1}:espectfaiiy snhndited, A. A• itHOYBERG, Clt7 )[eaager: Councilman Russo. m o v e d teat the recommendation of Clty ffian• alter Rhomberg be approved: Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Wharton, Council• met Russo,, Thompson, Van Duel- fan, Welu. Nays-None. (A Resolution Accepting Im• provement and Directing the Clerk to Publish Notice.) Resolution No. 3129 Whereas, the contract for the im• provement of $alke Street [rom the north curb line of Lowther Street to the south curb line of Groveland Place has been completed and the City Manager has examined the work. and, filed his certificate stat- ing. that the same has been com• plated, acCarding to the terms of the contract. and specifications and recommends its acceptance, now therefore,. Be It Resolved, by the City Coun• cil of the City of Dubuque, that the recompaendatlon of the City Man• a8er be approved, and that said im• provement be and the same is here- by accepted and the City Engineer be,apd he is hereby directed to pre• pure a plat and schedule showing the lots. or parcels of real estate subject to assessment Yor said im- provement and file rho same in the office of the City Clerk subject to public, inspection.. and said Clerk shall upon: receipt of such plat and schedule publish the notice of the Council's intention to levy special asaoasments theretpr, as required by law, Be IZ Further Resolved, that th9 City Treasurer be anfl he is hereby directed to pay to the contractor from the funds. to be realized from the sale of Improvement bonds laoei spas the above described improvement in amount equal to file amount oL late contract, less any retained. peroeatage provided for therein, Passed, adopted and approved this 7th day of November, 1949. Approved: Aal,,$F,$T WHARTON Mayor. F. W. TIi1)MPSON, FRANK VAN DUELMAN RonwLO, N. Russo CJ.A~~dVCeE P. WELU Councilmen, Attest;- J, J,. BEiF,A,, City Clerk. Regular Session, November 7th, 1949 599 Couocilman Russo moved the adoption of the resolution. Sec• onded by Councilman Van Duei• man. Carried by the following vote; Yeas -Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Weln. Nays-None. November 7, 184Y. To the Honorable Mapor and City Council, Dnbagne, Iowa, Gentlemen: Mr, James Rlley of 1960 Lombard Street has requested permission to connect to the sani• tars sewer in Lombard Street en- der the terms of Ordiance No• 3(1-- 41. He has made payment to fire proper parties and I recommend that the City Council grant the re• quested permission. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. November 7, 1849. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On November 6th the Gity Council together with the writ- er conferred with the 8ngineering firm of Consoer, Townsend and AS- sociates in Gbicago on water treat- ment, water distribution and sew- age treatment subjema AYter a lengthy conference and demonstra- tion of the relatiottship of taste at water in water tr~tment, the Council arrived at the following conclaaions: 1) That a revised estimate of the cost of conetrack3ng a water treatment plant be obtained and that the accessary preliminary proceedings be prepared for a public hearing on the advisabil- ity of proceedings with the con• struction of such plant; 2) That an investigation be made of the proper mefhad to improve water pressures and volumes in areas of the City where they are presently deficient. 3) That an investigation be made of the advisabiltt~, the coat, and of the method of apportioning such co9t in the matter of col• letting and pumping the Pack- ing House wastes into the sani• tarp sewer system of the Citp. I recommend that these decisions of the City Council be confirmed and that the City Manager be auth- orized to ` proceed with ~sueh investigations. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman vela moved that the recommendations of City Manager Rhomberg be approved. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Ccuncil• men Russo, Thompson, Van Duel- man, Welu. Nays-None. November 7, 1949. To the Honorable Mayor and City Council, Dnbagne, Iowa. Gentlemen: The Fifty-third Gen- eral Assembly enacted a new law covering fire fighting outside cities and toY-ns knotan as Chapter 162. This Aot provides that any city or town may by ordinance provide terms sad conditions under which its fire fighting equipment and fire- men msq respond to calla for fire fighting or other emergency assist- ance outside !ta corporate limits. Since the City of Dubuque had contracted to render fire fighting service to several industries and institutions outside the corporate limits, I recommend that the situa• tion be covered by the adoption of an ordinance canformnig to the re• Gently enacted law. Attached Is a model ordinance from the League of Iowa Municipalities which may be of some assistance. Reapectfu]ly submitted, A. A. RHOMBERG, City Manager. Councilman Russo moved that the reoonunendation of City Man• agar Rhomberg be approved and the City Solkitor instructed to pre• pare an ordinance for Conncii con- sideration ax their neat meeting. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Dael• max, Welu. Nays-None. 600 Regular Session, November 7th, 1949 July 6, 1949. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration is plat of Annexation of 1948, the property located on Davis Avenue and own- ed by the Sisters of St, Francis. This plat shows proposed extension of Windsor Avenue and was ap- proved by the Planning and Zoning Commission July 1, 1949. Respectfully, R, V. McI{AY, Secretary, ' Planning and Zoning Commission. Councllman Van Duelman moved that the communication of the Planning and Zoning Commission be received and made a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 313-49 Whereas a plat has been sub- mitted to the City Council showing a part of the territory annexed to the City of Dubuque by Resolution No. 253.48 and further showing the widening of Davis Avenue and the extension of Windsor Avenue; and Whereas said plat has been duly esamined,investigated and approv- ed by the Planning and Zoning Commission of the City of Du• buque, and Whereas the owners have upon said plat dedicated the streets to the public and Whereas the City Council has examined said plat and has been fully advised in the matter and finds that said streets should be accepted, Now, Therefore, Be It Resolved by the City Coun- cil of the Cfty of Dubuque that the dedications for the widening of Davis Avenue and Windsor Avenue extended be and the same are here- by accepted for the purpose for which they are thus dedicated, and Be It Further Resolved that the Mayor and City Clerk of the City 04 Dubuque be authorized and di- rected to sign the approval of :the plat for said City. Passed, adopted and approved this 7th day of November, 1949. ALBERT WHARTON, Mayor F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P, WELU, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the ~tloption of the resolution. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 314-49 Be It Resolved by the City Coun- cil 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 and the Manager is directed to issue such permit on behalf of said City. Name Address Lester M. Lochner and Charles H. Davis, 1200 Iowa Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 7th day of November, 1949. ALBERT WHARTON, Mayor F, W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attest: J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec• onded by Councilman Welu. Car- ried by the Pollawing vote: Yeas-Mayor Wharton, Cauncil• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 315-49 Whereas, applications for Beer Permits have been submitted to this Council Por approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol• Regular Session, November 7th, 1949 601 ]owing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City, Class "B" Permit Name Address Lester M, Lochner and Charles H, Davis, 1200 Iowa Street. Fred H. Cooper and Harold J. Love, 250 West 6th Street. John Glenn, 659 Central Avenue. ' Alfred E. Hedley and Lillian Hedley, 509 Eighth Avenue. John J. Beecher, 2399 White Street. Mrs. Rosemary Hird, 2220 Uni- versity Avenue. Ray Nicks, 521 East 22nd Street. Arthur F. Herber and Theresa Herber, 2319 Prince Street. Herbert Meyer and Mildred Meyer, 735 Central Avenue. Eldon Reiter, 63 Weat 12th Street. Class "B" Permit for Private Club Hiawatha Club, 576 Central Av- enue, The Victory Club, 326 Main Street North End Choral Club, 2774- 2776 Jackson Street. Class "C° Permit Peter J, Apel, 265 West 1st Street 6 Frank J. Pusateri, 1296 Central Avenue. ;, Passed, adopted and approved this 7th day of November, 1949, ALBERT WHARTON, Mayor F. W. THOMPSON FRANK VAN DUELMAN, ROMOLO N. RUSSO, ~; CLARENCE P. WELU, '° ~' Councilmen Attest: J, J. SHEA, City Clerk Councilman Thompson moved ' the adoption of the resolution, Sec- : onded by Councilman Welu. Car- tied by the following vote: r Yeas-Mayor Wharton, Council- ~ men Rueao, Thompson, Van Duel- man, Welu. Nays-None. Resolution No. 316-49 Whereas, heretgfore applications for Beer Permits were filed by the within named applicants and they have received the approval oP this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com• Ply with the ordinances of this City and then have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is directed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Lester M. Lochner and Charles H. Davis, 1200 Iowa Street. Fred H, Cooper and Harold J. Love, 502 West 6th Street, John Glynn, 659 Central Avenue. Alfred E. Hedley and Lillian IIed• ley, 509 Eighth Avenue. John J. Beecher, 2399 White Street. Mrs. Rosemary Hird, 2220 Uni- versity Avenue. Ray Nicks, 521 East 22nd Street. Arthur F. Herber and Theresa Herber, 2319 Prince Street, Herbert Meyer and Mildred Meyer, 735 Central Avenue. Eldon Reiter, 63 West 12th Street Class "B" Permit for Private Club Union League Club, 330 Main Street. Hiawatha Club, 576 Central Av- enue. The Victory Club, 326 Main Street. North End Choral Club, 2774- 2776 Jackson Street. Class "C" Permit Name Address Peter J. Apel, 205 West lst Street Frank J. Pusateri, 1296 Central Avenue, Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of November, 1949. ALBERT WHARTON, Mayor F, W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P, WELU, Councilmen Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Thompson, Car- ried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel• man, Welu, Nays-None. 602 Regular Session, November 7th, 1949 Councilman Thompson moved that the City Solicitor be author- ized to employ legal talent to as- sist in the defense of the appeals naW pending to the Distdet Court in the matter of the special assess- ments for the construction of sani- tary sewers and appurtenances in the Bradley Street Sewer District and to be paid a reasonable oom• pensation subject to approval of the City Council. Seconded by Goun• Gilman Van Duelman. Carried bq the following Vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councilman Vav Duelman moved to adjourn. Seconded by Council- man Russo. Carried by the follow- ing vote: Yeas-Mayor Wharton, Counci)• men Russo, Thompson, Van Duel- man, Welu, Nays-None. J. J. SHEA, City Clerk Adopted .................................... 1960 Approved ................................ 1960 Councilmen j ..................................... l~ l ........................_......... Attest :.......................................... City Clerk. Special Session, November 14th, 1949 603 City Coaneil ((IfflClpl) Special Session, November 14th, 1949. Council met al ?:30 P.M, Present-Mayor WhartpA, Coun- cilmen Russo, Thompapn, Van Auel- man. Welu. City Manager Rhom- berg. Meeting caked by order of Coun- cilmaar Van Auelman and Thomp• son. Mayor Wharton read the call and stated toot service th6reof had been dolt made and toot this mast. ing is exiled for the purpose of considering the recommendation of Cfty Manager Rhombsrg on holiday pay for City Employees and acting on any other business ae may properly come bef~e a regular meeting of the City Council. Commugicatfon of Mrs. Audley Thomas with reference to the city prdtnauce which allows the keep- ing of cows, p1Es, sheep, chickens, etc., In :the city limits and askipg the City Council to change the or- dinance so that the Whole town will benefit from the lack of prox- imity of livestock, presented and read. Councilman Van Auelman; moved that the cotnmdnicatian be referred to the Planning. and zoning Com- miseion for. investigation Qnd re• port, Seconded by Councilman Welu. Carried by the Lollowipg vote; Yom.-Mayor 1Whartvta, Couneii. men Russo, Thompson, Van Duel• man, W.QIu, 13ay~•-None. Petition of- Kiae Ih'ug Store, by Myrtle Kies, requesting a refund in lire amount of ;50.00 on the un- expired portion sf.Cigarettd Permit No. 23.1 as. bueinaes was disocn• tinuad as of flctober 24th, 1649, presented and read. ,Councilman ThtceuRSOn moved that thernquest be~gradated and the City A~,itpr~lnstrneted tci draw a warrant in the amps ok $60A0 in faY4r of fides Arpg Store, by Myrtle Thee, #p ,oo#~ar the amount of, rsfn&rd g-'aaltsd: ou tt-E waeaPirRd portion of Cigarette Permit No, 231. Seconded by Councilman Wale. Carried by the following vote: Yeas-Mayor Wharton, Council• men Russo, Thompson, Van Duel- man, Welu. Nays-None. Petition of George R. Jackson and Joe Schaller requesting a re- fund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit No. 3, as they have discontinued business on No- vember 7, 1949, presented and read. Councilman Van Duelman moved that the request be granted and the Ctty Auditor instructed to draw a warrant in the amount o4 $50.00 in favor of Robert R. Jackson and Joe Schaller to cover the amount of refund-granted on the unexpired portion of their Class "B" Beer Permit No, 3. Seconded by Council- man Russo, Carried by the fo~low~ ing vote: Yeas-Mayor Wharton, Counci]- men $ussp, Thompson, Van Due]• man, Welu. Naya-Noue. Petition of George R. Jackson and Joe Schaller requesting a re- fund in the amount of $50.00 on the unexpired portion of their Cigar- ette Permit No. 204, as they have discontinued business on Novem- ber 7, 1949, presented and read. Councilman Van Auelman moved that the request be granted and the City Auditor instructed to draw a warrant to the amount of $50.00 in favor of George R. Jackson and Joe Scheiter to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 204. Seconded by Councilman Russo. Carried by the following vote: 1`eas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Mays-^Nons. Petition of Marvin Mandera and Alfred 8utlett requesting that the water system and sewage disposal t~e,twsea 22nd Street and 24th 5tree.t on Elru Street be takes care pf because ft is unsanitary, pre- ssnted and read. Councilman Welu moved that the petitdon be refgFred Ito the City Af~tinangsr to suggest a solution, jf any, to the problem. Seconded by 604 Special Session, November 14th, 1949 Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Yetftian of the Dubuque County Tuberculosis Association request- ing permission to hold its regular annual "Bangle Day" (tag-day) sale on Friday evening, December 16th and Saturday, December 17th, 1949, presented and read. Councilman Van Duelman moved that the request be granted. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Council- man Russo. Carired by the fol- lowing vote: leas-Mayor Wharton, Couneil- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Mr. F. L, Radlofi addressed the Council calling attention to the condition of the retaining wall in the rear of 1185 High Bluff Street and stating that said retaining wall is in bad condition and needs at- ~tention. Councilman Russo moved that the matter of the condition of the retaining wall in the rear of 1186 High Bluff Street be referred to the City Manager. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Petition of Regina C. Gilmore requesting permission to build a Lustron Home on Lots 32 and 33 of Cooper Heights, also the peti- tion of Mrs. Bernice Noel request- ing permission to erect a Lustron Steel Home on her Lot in the S00 Block on West Locust Street, also the petition of Albert and Bettie Ujlaky requesting a building per- mit to erect a Lustron Steel Home in the new John Deere area in West Dubuque, presented and read. Councilman Welu moved that the Building Commissioner be author- ized to issue building permits for the erection of Lustron Steel Homes. Seconded by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton., Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Ordinance No. 39-49 An Ordinance establishing park- ing regulations on certain parts oY Seminary Street, East 22nd Street, and Merz Street, and providing for a penalty for violation thereof, said ordinance having been passed upon first reading on November 7th, 1949, and ordered placed on file with the City Clerk for public in• spection for at least one week be• fore its final adoption, was present- ed for final adoption. Ordinance No. 39--49 An Ordinance establishing park- ing regulations on certain parts of Seminary Street, East 22nd Street, and Merz Street, and pro viding for a penalty for violation thereof. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. It shall be unlawful to park any vehicle at any time on: (1) The north side of Seminary Street from the east line of Madi• son street to Harold Street, (2) The south aide of East 22nd Street from Windsor Ave. to Staf- ford Ave„ (3) The south side of Merz Street from Windsor Ave. to Althauser Ave., provided that such spaces above designated shall first be marked by proper signs erected at intervals with the words thereon, "No Park- ing at Any Time." Section 2. Any person, firm or corporation vfolating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined by a fine of not to exceed One Hundred Dollars ($100.00) or imprisonment for not more than thirty (30) days. Section 3. This Ordinance shall be i nforce and effect (10) days from and after its final passage, Special Session, November 14th, 1949 605 adoption, and publication as by law provided. Passed upon first reading this 7th day of November, 1949. Passed, adopted and approved upon final reading this 14th day of November, 1949. ALBERT WHARTON, Mayor F, W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele• graph-Herald newspaper this 17th day of November, 1949. J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onded by Councilman Welu. Car• ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. November 14, 1949, Honorable Mayor and the City Council, Dubuque, Iowa. Gentlemen: At a aeseion of the City Council of the City of Du- buque, Iowa, held November 7, 1949 the following motion was adopted: That the Chief of Police be in- structed to submit a report to the City Council on the matter of park- ing on Fourth Street between Lo- cost Street and Central Ave., and also as to the placing of Stop Signs and Stop and Ga Lights along the newly routed highways. I have made an investigation amd herewith submit the following: I recommend that Stop and Go Lights be placed at the interseC tion of Locust Street and West Fourth Street; and at the inter section of Fourth Street and Cen• tral Ave. I recommend that -the Stop and Go Light now eaistant at Main Street and West Fourth Street be removed, and that Stop Signs be placed on Main Street halting north and south travel on Main Street, I recommend that two parking spaces be eliminated on the North and South side of West Fourth Street just Eaet of Locust Street; on the East and west aide of Lo- cust Street just south of Weat Fourth Street; on the Nonth and South side of Fourth Street just West of Central Avenue; on the East and West aide of Central Avenuejuat North of Fourth Street. I recommend that one car space be eliminated on the North and South side of West Fourth Street just East of and West of Main Street; and on the North and South ,side of Weat Fourth Street fast East of and West of Iowa Street. I recommend that at the inter- section of West Fourth Street and Locust and the intersection of Fourth Street and Central Avenue be laved to indicate the. desired movement of traffic. Respectfully yours, JOS. H. STRUB, Chief of Police Councilman Thompson moved that the recommendations of ChieY of Police Strub be approved, sub• feet to the approval of the Iowa State Highway Commission for the re-routing of Highways as request- ed, and the necessary proceedings ordered prepared. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. November 12, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Paul C. Wright et al. requesting rezoning of certain property on Central Avenue at 30th Street, referred to the Planning and Zoning Commission by your honorable body September 22, 1949, upon oral request of the petitioner November 9, 1949 he was permitted to withdraw his petition. We -trust this will meet with your approval. Respectfully submitted, THE DUBUQUE PLANNING AND ZONING COMMISSION Richard V. McKay Secretary 606 .Special Session, November 14th, .1949 Councilman Welu moved that the communication of the Planning and Zoning Commission be received and iileih Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. November 12, 2949 To the'Honorable Mayor and City Council, Dubuque, lows. Gentlemen: To serve the,purpoae of the attached petition of Mr.:and Mrs.,John Gilligan et al, to rezone to two family classification an area,on Loran Blvd. -at Alta Vfata, the Planning and Zoning Commix sion reapeetfully recommends -the extension of the present two-family area. on Alta Vista Street between Loras Blvd. and Vernon Street westerly from -the alley first weal of Alta Vista Street to the westerly line of Levin's Addition. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION Richard V, McKay, Secretary Councilman Van Duelman moved that the recommendation of the Planning and .Zoning .Commission be approved and the proper pro- ceedings ordered prepared. Second- ed by Councilman Russo. Carried by the following vote: Yeas-Mayor Wharton, Connci4 men Russo, Thompson, Van Duel- man, Welu. Nays-None. November 11, 1949 Honorable Mayor sad Members of the City Council City of Dubuque, Iows. .Gentlemen: With reference to objections to ]egaHty and regular- ity of special assessment.levied by the City Council:of Dubuque,"Iowa, upon property locatedwithin the Bra;dley.Sower District, which has been submitted to me for dnveati- gation .and report, I recommend that said objections be placed an file. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Welu, ()arrled by .the following vote: Yeas-Mayor Wharton, Council- men _Russo, Thompson, Van Duel- man, Welu. Nays--None. November 14, 1949 To the Honorable Mayor and City Council, Dubuque; Iowa. Geilttemen: At the meeting of October 17, 1949 -the petition of the Veterans of Foreign Ware ask• ing for the watVing of the license fee Por"magazine snbscription solici- tation tm the "part of an outside agency was referred to me to con- fer with the applicants Yor the pur- pose oP working out a solution and to,aubmit a report back to the City Council. I -have met with the offtcere of the Veterans of Foreign Ware and after a discussion on the subject, theIr.magazine subscription agency paid for and obtained a City license. The magazine subscription cam- paign has been held and concluded. Respectfully submitted, A, A. RHOMBERG, City Manager Conncilman Russo moved that the!cammunication of City Manager Rfiombecg be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men iRnsso; Thompson, Van Duel- . man, ~welu. ..Nays--None. November 14, 1949 To i4ke Honorable Mayor and City.Council, Dubuque, Iowa. Gentlemen: At the aesieon of the City Wuncil held-0ctober 24, 1949 the.petition.of the City Employees Local No..228 requesting payment Yur.holidays for city employees, whether ,monthly or hourly paid, was referred to the City Manager for invesdigatian and report. LPind that IG is common Dractice in,locaLgovernment to pay for holi- days to,empleyees .whether on a monthly salary or on an hourly wage Por the .following six holi- days: New Years Day, Memorial Day, .the .Fourth of ..July, Labor Day, ,Thanksgiving. Day and Christ- mas. Special Session, November 14th, 1949 607 It is my recommendation that the Council tin the above mentioned days as days that the City Hall will be closed (except for emergency or Police work) and that alC the employees involved be paid at the monthly rate in case of monthly salaried employees, or for eight hours in the case of hourly wage employees, provided that the em- ployee shall have been engaged in the performance of his duties on the work day proceeding and the work day succeeding the holiday. An appropriate form of resolu- tton is attached and its passage by the Council is recommended. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Man• alter Rhomberg be approved. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• mau, Welu. Nay s-None, Resolution No. 317-49 A RESOLUTION PROVIDING FOR PAYMENT OF CITY EMPLOYEES FOR HOLIDAYS Whereas it is the general p~a~~ lice of local governmental units to close their places of business for the observance of certain holidays and to provide for the payment of wages and salaries to public emplbyees for such holiday periods, and Whereas the holidays commonly observed are the following: New Years Day, Memorial Day, the Fourth of July, Labor Day, Thanks• giving Day and Christmas, and Whereas it is the considered judgment of this Council that such policy should be established, Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque that the City Hall be closed for the transaction of ordinary business (except emergency work or the protection of life and propentp) on the following holidays: New Years Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day and Christmas, and Be It Further Resolved that the city employees be paid for such holidays, monthly employees per day at the rate of 1/30th of the monthly salary, and hourly em• ployeea Por eight hours straight time,, provided such employees shall have been engaged in the perform- ance of their duties on the work day proceeding and the work day succeeding such holiday. This resolution shall be in force and effect from and after its adop- tion by the City Council. Fa"seed, adopted and approved this 14th day of November, 1949. ALBERT WHARTON, Mayor F. W. THOMPSON, FRANK VAN DUELMAN, ROMOLO N. RUSSO, CLARENCE P. WELU, Councilmen Attest: J. J. SHEA, City Clerk Gbuncilman Van. Duelman moved the adoption of the resolution, Sec• onded by Councilman Russo. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. November 14, 1949 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Several months ago the petition of City Employees Local No. 228 submitting for con- sideration aseniority outline for city employees not under civil serve ice was referred to me to confer with the petitioners and to report back to the Council. I have met several times with tihe representa- tives of Local No. 228 and discussed the matter with them at length. It is my belief that it is not with- in the power of the City Manager under the Iowa law to recommend or to set up a seniority program outside of civil service as has been petitioned ior. The remedy lies in the amendment of the civil service law by including the employees in question under civil service cover- age. However, it has been my policy and that of my predecessors to take length of service into account in all dealings with city employees and such policy will be continued 608 Special Session, November 14th, 1949 in the future. I, therefore, recom• mend .that the oommnnioation be received and ffied, Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Welu moved that the recommendation of City Manager be received and placed on tile. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. November 14, 1949 To the Honorable Mayor and City Conncil, Dubuque, Iowa. Gentlemen: At the meeting of October 3, 1949 I was instructed to submit a report and recommenda- tion to the City Council an the subject of salaries for various de• partment heads. I have made a sur- vey of salaries paid in other cities of Iowa which are tabulated and shown on the attached schednles. An examination of these compara- tive figures will show that our de• partment heads are not as well paid ae in other Iowa cities. I recommend that the City Coun• cil revise the salary allocations in the budget to make possible the payment of the following salaries effective December 1, 1949: Position Annual Salary Fire Chief ..................................$4,800 Police Chiei .............................. 4,800 City Engineer ............................ 6,400 Supt. of Water Works ,........... 6,600 Street Commissioner .............. 4,200 Building Commissioner .......... 4,200 Electrical Inspector ................ 3,900 Plumbing Inspector ................ 3>900 City Auditor .............................. 4,b00 City Treasurer .......................... 4,b00 The City Clerk is an appointee of the City Council and the City Manager does not ~ his salary. However, it 4e the duty of the City Manager to advise the Council an all financial matters and I wish to report that in the national .av- erages of salaries paid to munici• pal officials as shown in "The Municipal Yearbook;' the salary of City Clerk is quite the same as that paid to City Auditors and Treasurers. If the City Council sees fit to ap- prove this recommendation, the amount of money involved in the proposed salary increases for the four months of the fiscal year after December 1st. would be $2,396.80, of which the Consolidated Fund would account far .$1,806.70, -the Water Works Fund $421.30 and the Fire Maintenance Fund for $167.80. There remain in each oY these re- spective funds unexpended moneys equal to or greater than the amounts stated. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Russo moved that the recommendation of City Mana- ger Rhomberg be approved. Sec- onded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel• man, Welu. Nays-None. Councilman Van Duelman moved that the salary of the City Clerk be placed at $4,800.00 per annum to become effective December 1st, 1949. Seconded by Councilman Thompson.. Carried by the follow ing vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. Mr, Francis J. O'Connor, Attor• ney, representing Sisters of St. Clara College, Sinsinawa, Wiscan- sin, submitting verbal request that the City of Dubuque change the name of Platt Street and Platt Street Extension to Mazzuchelli Road by the adoption of a proper ordinance. Councilman Russo moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Wharton, Council- men Russo, Thompson, Van Duel- man, Welu. Nays-None. There being no further business Councnman Van Duelman moved to adjourn. Seconded by Council• man Thompson.. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- Special Session, November 14th, 1949 rnen Russo, Thompson, Van Duel• man, Welu. Nays-None. J, J, SHEA, City Clerk Approved ................................ 1950 Adopted .................................... 1960 Councilmen ...................................... Atteet :................................................ Clty Clerk. 609 ,~