Loading...
1951 January Council ProceedingsRegular Session, January 2nd, 1951 1 INDEX -- BOOK 81 1951 June SUBJECT X 28-Xavier Hospital, granted Cigarette Permit ...-......... ........................ Y Jan. Z-York Street from south property line of Curtis Street to the west property line of South Hill Street, improvement of ......._....._....._.-._-.._.....-...._._-.-......._........._.....-...._..................1, 2, 3, June 4-Young Mrs. Elizabeth, with reference to having the sewer put through on Primrose and Kane Streets.................... Z Mar. S-Zahina Frank, relative to grading the alley behind his property located at 731 O'Neil Street .......__............._._..... June 28-Zillig George J., granted Class "B" Beer Permit ..........-.-..... " 28-Zillig George J, granted Cigarette Permit ....,._.................._... " 28-Zelens Bert., granted Cigarette Permit ..............._................-_...._.. Aug. 6-Zuker W. B,, appointed as member of Board of Library Trustees for term expiring July 1, 19SS ..._ .......................- " 20-Zehentner Jce M., Notice of Claim ......._.-............__...._.................... Oct. 1-Zahina Mrs. Agnes, granted Cigarette Permit ............................ Nov. 5-Zahina Mrs. Agnes, granted Class "C" Beer Permit .....-_.. Page 371 4 312 187 365, 367 368 372 443 485, S62 586 6S8 r City Council (OFFICIAL) Regular Session, January 2nd, 1951 Council met at 7:30 p. m. Present- Mayor Welu, Councilmen Austin, Kolb, Schueller. City Man- ager Rhomberg. Absent - Council- man Russo. Mayor Welu stated that this is the regular monthly meeting of the Citq Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice of levy of special assessment and in- tention of the City Council to is- sue bonds for the improvement of York street from the south pro- perty line of Curtis Street to the west propety line of South H i 11 Street, presented and read. Coun- cilman Kolb moved that the proofs of publication be received and filed. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas -Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS RESOLUTION N0. 151 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of York Street from the south prop- erty line of Curtis Street to the west property line of South Hill Street, K-M Construction Company, contractor, in front of and adjoin- ing the same, a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, situated and owned, and for the several amounts set opposite each lot or parcel of real estate, as fol- lows: Wm. J. Weber & M, Nilles, Lot 22, Sub M. L, 149...... $394.46 Wm, J. Weber & M. Nilles, Lot 21, Sub M. L. 149...... 321.28 Harold J. & Ruth E. Bad- ger, Lot 34, Stewart Sub 231,40 Harold J. & Ruth E, Bad- ger, Lot 1 Sub 33, Stew- art Sub .............. 146.12 Slyvan P. & Janaan D. Han- ton, Lot 2, Sub. 33, Stewart Sub ....................... 36.37 Slyvan P. & Janaan D. Han- ton, Lot 32, Stewart Sub... 183.36 Robert J. & Lucille A. Holz Lot 31, Stewart Sub.... 184,11 Donald & Jeanne Heitz- man, Lot 30, Stewart Sub 181,64 Sam & Betty Jean Tassia, Lot 29, Stewart Sub .... 182.41 Harold J. & Ruth E. Bad- ger, Lot 28, Stewart Sub 167.67 Charlotte Shambough, Lot 2, Sub 2 of Lots 19, 20, 21, Stewart Sub ....... 56.44 J. N. Blades, Lot 1, Sub 2 of Lots 19, 20, 21, Stew- art Sub .............. 167.25 Linda S. Baird, E. 57', Lot 2, Sub 1 of Lots 19, 20, 21, Stewart Sub ....... 153.86 Elmer & Juanita R. Hakan• son, Lot 1, Sub 1 of Lots 19, 20, 21, Stewart Sub .................. 9.48 Raymond J. & Bonnie Loh- berg, Lot 2, Sub 1 of Lots 22, 23, Stewart Sub 211.55 Mabel G. Miller et, al., Lot 1, Sub 1 of Lots 22, 23, Stewart Sub .......... 14.61 Elmer & Juanita R. Hakan- son, Und. ya, W, 8', Lot 2 Sub 1 Lots 19, 20, 21, Stewarts Sub ............... 5,63 Linda S. Baird, Und. '/a, W. 8', Lot 2, Sub -, Lots 1, Lots 19, 20, 21, Stew- arts Sub .............. 5.63 J. N. Blades, Und. ~Z, W. 8', Lot 2, Sub 1, Lots 19, 20, 21, Stewart Sub.... 11.30 Dale M, & Buelah M. Comer, Lot 1, Sub 2-23, Sub M. L. 149 ......... 239.41 Alfred J. & Marie Dupont, Lot 1, Sub 1.23, Sub M. L. 149 .................. 81.01 H, L. & Helen McCarron, Lot 2, Sub 2-23, Sub M. L, 149 ................ 147.12 H. L. & Helen McCarron, Lot 2, Sub 1.23, Sub M. L. 149 ................ 66.56 Howard E. & Ethel McCar- ron, Lot 2, Sub 35, Stew- art Sub .............. 320.40 Phillip J. & Anna M. Fitz- gibbons, Lot 1, Sub 1- 24, Sub M. L. 149 ... , 52.29 „, .. ~ n .,. _.r.... ~,,~m.+~r~~~~wr~r 2 Regular Session, January 2nd, 1951 Bernice B. Winkelhaus, Lot 2, Sub 1.24, Sub M. L. 149 ............. .. 130.44 Laverne F. & Dorothy H. Benz, Lot 1, Sub 35, Stewart Sub ..• 346.02 Laverne F. & Dorothy H. Benz, Lot lA, Sub 35, Stewart Sub 30.05 Irwin J. & Cath. L. Behr, Lot 2, Caroline May Place ...... ........ 13.31 Harold & Rose Knoer- schield, Lot 1, Sub 1, Caroline May Place ... 8.69 Caroline May, Lot 2, Sub 1, Caroline May Place . 4.11 Laverne F. & Dorothy H. Benz, Lot 2, Sub 1-26, Stewart Sub .......... 6.24 Mary Schiltz, Lot 2, Sub 24 & 25, Stewart Sub 370.11 Alfred M. & Alice A. Arensdorf, Lot 1, Sub 1- 2425, Stewart Sub ... 81.44 Jas. G. & Harriet Graham, Lot 2, Sub 1-24.25, Stew- art Sub .............. 304.83 $4,866.60 1,375.4 Lin. Ft. Combina- tion Curb & Gutter @ $2.45 ........ .. $3,369.73 58.1 Lin. Ft. Radius Curb & Gutter @ 2.50. 145.25 38.0 Sq. Yd. Driveway Con- crete @ 6.00 ......... 228.00 1 Manhole (Brick) @ 2A0: 00 ... ........_ 200.00 2 Std. Reinf. (Less Lids) Catch Basins @ 190.00 380.00 102 Lin. Ft, 12" Reinf. Concrete Pipe @ 4.00. 408.00 $4,730.98 2% Extra Exp. .... 94.62 6% Interest for 52 days . 41.00 $4,866.60 (All of which is assessed in pro- portion to the special benefits conferred.) Passed, adopted and ap- proved this 2nd day of January, 1951, CLARENCE P, WELD Mayor RAY KOLB RUBEN V, AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adop- tion of the resolution. Seconded by Councilman Austin. Carried by the fallowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb Schuelter. Nays-None. Absent-Councilman Russo. Proofs of publication certified to by the publishers, of notice of the intention of the City Council to is- sue public improvement bonds in the amount of $4,866.60 to provide for the cost of improving York Street from the south property line of Curtis Street to the west pro- perty line of South Hill Street, pre- sented and read. Councilman Aus- tin moved that the proofs of pub- lication be received and filed. Sec- onded by Councilman 5chueller, Carried by the following vote: Yeas- Mayor Welu, Councilmen Austin, Kolb, Schuell2r. Nays -None. Absent -Councilman Russo. (Resolutin Providing for the Is- suance of Public Improvement Bonds.) CITY OF DUBUQUE, IOWA RESOLUTION NO. 2.51 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improvement of York Street hereinafter described, has been completed and said im- Frovement has been accepted by the City Council of said City and the City Engineer has computed the Cost and expense therof to be $4,866.60. And Whereas, public notice as provided by law, has been pub- lished by the City Clerk stat- ing the intention of the City Council to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objec- tions filed thereto have been con- sidered and determined: NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide for the cost of the improve- ment of York Street from the south property line of Curtis street to the west property line of South Hill street there be issued Improve- meet bonds to the amount of $4,- _ 866.60 Regular Session, January 2nd, 1951 3 Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1950; shall bear the date of the 1st day of Febru- ary, 1951, shall be in denomina- tions of $300.00, except that there shall be one bond to the amount of $66.60. They shall be numbered from 4686 to 4702 inclusive and shall be divided into ten series, of which the bond numbered 4686 shall constitute the first series and shall be payable the first day of April, A. D, 1952, the bond num- bered 4687 shall constitute the second series and shall be payable the first day of April, A. D. 1953, the bond numbered 4688 shall con- stitute the third series and shall be payable the first day of April, A. D. 1954, the band numbered 4689 shall constitute the fourth series and shall be payable the first day of April, A. D. 1955, the bonds numbered 4690 and 4691 shall constitute the fifth series and shall be payable the first day of. April, A. D. 1956, the bonds num. bored 4692 and 4693 shall consti- tute the sixth series and shall be payable the first day of April, A. D, 1957, the bonds numbered 4694 and 4695 shall constitute the sev- enth series and shall by payable the first day of April, A. D. 1958, the bonds numbered 4696 and 4697 shall constitute the eighth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4698 and 4699 shall con- stitute the ninth series and shall be payable the first day of April, A. D. 1960, the bonds numbered 4700, 4701 and 4702 shall consti- tute the tenth series and shall be payable the first day of April, A. D. 1961. Said bonds shall bear interest at the rate of five per cent, per an- num which interest shall be paya- ble semi-annually, in accordance with the terms of the coupons tlrerto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied for said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque, Said bonds shall be substan- tially in the following form: No ..................................................... Series No ......................................... CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April A. D. 1951; or any time before that date at the option of the City, the sum of ...............HUN- DRED DOLLARS, with interest thereon at the rate of five per cent, per annum, payable on the presentation and surrender of the interest coupons hereto attached, both interest and principal are pay- able at the office of the City Trea- surer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pur- suant to and by virtue of Chapter 396 the code of Iowa, 1950 and in accordance with a resolution of the City council of said city, duly passed on the 2nd day of Janu- ary 1951. This bond is one of a sries of 17 bonds, 16 far $300.00 numbered from 4686 to 4701 in- clusive, and one for 66.60 number- ed 4702 all of like tenor and date, and issued for the purpose of the improvement of York Street from the south property line of Curtis Street to the west property line of South Hill Street and described in said resolution; which cost is as- sessable to and levied along said improvement, and is made by law a lien on all abutting or adjacent property, and payable in ten an• rual installments with interest on all deferred payments at the rate of five per cent, per annum, and this bond is payable only out of the money derived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditions and things re- quired to be done precedent to and in the issuing of this series of bands, have been done, happened and performed in regular and due form as required by .said law and resolution; and for the assess- ments, collections and payment hereon of said special tax, the faith and diligence of said city of Dubuque are hereby irrevovably pledged. In Witness Whereof, the City of Dubuque by its City Council has 4 Regular Session, January 2nd, 1951 caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 1st day of Feb- uary, 1951, and has authorized the use of their fac-simile signature to the interest coupons hereto at- tached. Mayor City Clerk Countersigned (Seal) FORM OF COUPON) On the day of A.D. 195-, the City of Dubuque, Iowa promises, to pay to the bearer, as provided in the bond, the sum of Dollars, at the office of the City Treasurer in the City of Dubuque, being months interest du that day on its Bond No. ,dated _ 1951-. .......................... Mayor City Clerk Countersigned Countersigned BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also register them in a book to be kept by him for that purpose. Be It Further R e s o l v e d that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to be kept in a special fund to be known as Improvement Fund. BE IT FURrn~n RESOLVED that the interest coupons attached to the bonds be signed with the fac-simile signature of the Mayor and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, be- ginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered, Adapted this 2nd day of Janu- ary, 1951. Approved: CLARENCE P. WELU MAYOR. RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN Attest: J. J. SHEA CITY CLERK Councilman Kolb moved the a- doption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: yeas- Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. State of Iowa County of Dubuque I, Richard H. Le May, do here- by certify that on December 9, 1950, I posted copies of the at- tached Notice of Levy of Special Assessment and Intention of the City Council to Issue bonds along the line of Improvement for the improving of York Street from the south property line of Curtis street to the west property line of South Hill Street. Signed: Richard H. Le May. Subscribed and sworn to by Richard H. Le May this 9th day of December, 1950. (Seal) John J. Shea, Notary Public in and for Dubuque County, Iowa. Mayor Welu moved that the statement of Richard H. Le May be received and made a matter of record. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Notice of Claim of Rose Roussel in an unstated amount for injuries received in a fall at Sixth and Main Streets due to a hole in the sidewalk, presented and read. Mayor Welu moved that the Notice of Claim be referred to the City Regular Session, January 2nd, 1951 5 Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas -Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Notice of Claim of A. N. Beckius in the amount of $5,000.00 for in- juries ieceived in a fall an an icy sidewalk on the Nevada Street side of the Peter Klauer residence, 1075 University Avenue, presented and read. Mayor Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo Communication of D u b u q u e Community Chest asking the May- or to appoint two members of the City Council to represent the City of Dubuque on the Board of Di- rectors of the Dubuque Commun- ity Chest, presented and read. Councilman Austin moved that the communication be referred to the Mayor for action. Seconded b y Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Mayor Welu appointed Council- men Ruben V. Austin and Leo N. Schueller as the two members of the City Council to represent the City of Dubuque on the Board of Directors of the Dubuque Commun• ity Chest, Communication of the Dubuque Kiwanis Club submitting a resolu- tion adopted by the Club at a meeting held December 18, 1950 in which the Kiwanis Club urges the City Council and the City Manager to take prompt action to acquire either through lease or purchase off-street downtown park- ing areas in addition to the small area at Ninth and Iowa Streets and also urges that if there is any question concerning the applica- tion of the present law that the City Council immediately com- mence the necessary action before the Courts to determine the valid- ity of limitations that may ex- ist and suggesting that reasonable tolerance be continued toward parking violations until some re- lief in the parking problem is a- chieved, presented and read. Coun- cilman Kolb moved that the com- munication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo, Communication of the Dubuque Junior Chamber of Commerce sub• mitting far Council consideration a plan and recommendation that south bound traffic be limited to one-way travel from a point start- ing at the corner of Central Ave- nue and 12th Street, thence Weston 12th street turning the corner of 12th and Locust Streets and con- tinuing on Locust Street to a point where two-way traffic would again be permitted at 4th and Locust streets, likewise, north bound traf- fic would be divided into one-way travel at the corner of 4th and Locust streets and be compelled to travel east on 4th Street to Central Avenue and, at that point, to travel straight on Central Ave- nue to the corner of 12th and Central where two-way traffic would be continued and that all other streets and avenues within or entering into this rectangle would not be changed, in other words, two-way traffic would be permitted, presented and read. Councilman Austin moved that an invitation be extended to the Du- buque Junior Chamber of C o m- merce, the Parking and Traffic Committee of the' Chamber of Commerce, the Dubuque Safety Council, the Police Chief, the Fire Chief, and all other interested or• ganizations and parties to attend the next meeting of the City Coun- cil to be held January 10th, 1951 at ?:30 p. m, for the purpose of discussing the plan and recommen- dation as submitted by the Du- buque Junior Chamber of Com- merce. Seconded by Councilman 6 Regular Session, January 2nd, 1951 Schueller. Carried by the follow- ing vote: i Yeas -Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. f Communication of Peter H. Mc• Carthy advising Council that he is highly pleased with the fine progress being made in the steps being taken to definitely settle any question that the sole 100 percent title to the ground known as Wash- ingon Park, Dubuque, Iowa, is in the name of the City of Dubuque, subject to any vested rights the abutters around the park may have on account of the property being used as a park for all these years and furthermore that the County of Dubuque has absolutely no title of any kind in Washington Park and trusting that this matter will be turned aver to the City Mana- ger and City Solicitor with instruc- tions to keep after it until defi- nite steps are finally taken to clear this title up in the name of the City of Dubuque and the abutters fronting on same, presented and read. Councilman Kolb moved that the communication be rCounclman filed. Seconded by Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of J. Z. and Louise M. Aponyok requesting the rezoning from "Single Family Residence Classification" to "Multiple Resi- dence Classification" the East 52 feet of lot 1 of Lot 17 and the South 18 feet of the West 100 feet of Lot 1 of 17 in part of Summer Hill Addition, and Lot 2 of Lot 1 of Mineral Lot 13 and lot 2 of Lot 4 of part of Subdivision of Mineral Lot 20 in the City of Dubuque, Iowa, presented and read, Council- man Austin moved that the peti- tion be referred to the Planning and Zoning Commission for their recommendation and report, Sec• onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller, Nays -None. Absent -Councilman Russo. Petition of the Dubuque Safety Council requesting that "No Park- ng Signs" be placed at all curbs where parking is prohibited, such as Hotels, Theatres, and w h e r e streets are laved for two lane traf- fic, presented and read. Council- man Austin moved that the peti- tion be referred to the City Mana- ger for recommendation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of the Dubuque Safety Council requesting Council to have a study made of traffic conditions on South Algona Street from High- way No. 20 north to University Avenue as this street has become hazardous due to traffic going to and from the highway and using it as a short cut to West Dubuque instead of using the highway all the way to Grandview Avenue,pre- sented and read. Councilman Kolb moved that the petition be referr- ed to the Chief of Police for re- commendation and report, Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Welu, Council- man Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of Sara Faigen and John Scully requesting a refund in the amount of $50.00 on the unexpired portion of their Class "B" Beer Permit No. 5, as they have dissoly- ed partnership on December 30, 1950, presented and read. Council- man Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Sara Faigen and John Scully to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 5. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. ~. Regular Session, January 2nd, 1951 Petition of Sara Faigen and John Scully requesting a refund in the amount of $50.00 on the unexpired portion of their Cigarette Permit No. 51, as they have dissolved part- nership on December 30, 1950, pre- sented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Sara Faigen and John Scully to cover the a- mount of refund granted on the un• expired portion of their Cigarette Permit No. 51. Seconded by Coun- cilman Schueller. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of Henry Uthe requesting a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No, 94, as he has discontinued business on December 30, 1950, presented and read: Coun- cilman Kolb moved that the re- quest be granted and the C i t y Auditor instructed to draw a war- rant in the amount of $50.00 in favor of Henry Uthe to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 94, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None, , Absent -Councilman Russo. Petition of Henry Uthe request- i~rg a refund in the amount of $50.00 on the unexpired portion of his Class "B" Beer Permit No. 2, as he has discontinued business on December 30, 1950, presented and read. Councilman Kolb mov- ed that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Henry Uthe to cover the amount of refund grant- ed on the unexpired porton of his Class "B" Permit 2. Seconded by Councilman Schueller. Carried by tl-,e following vote: Yeas -Mayor Welu, Council- men Austin, Kolb. Schueller. Nays -None. Absent -Councilman Russo. Petition of Robert E. Hevey re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 291, as he has discontinued business on December 30, 1950, presented and read, Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Robert E. Hevey to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 291. Seconded by Councilman Schueller. Carried by by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of Stanley Meis re- questing arefund in the amount of $50.00 on the unexpired portion of lris Cigarette Permit No, 188, as he has discontinued business on Becember 30, 1950, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Stanley Meis to cover the amount of refund granted on the unexpired portion of his cigarette permit No. 188. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb. Schueller. Nays -None. Absent -Councilman Russo. Petition of North End Choral Club requesting a refund in the amount of $50.00 on the unexpired portion of their Cigarette Permit No. 5 as they have discontinued business on December 30, 1950, presented and read. Councilman Kolb moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $50.00 in favor of the North End Choral Club to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 5. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. ~-'pm~fi ~M+$~~ ry.~e.,. -rrrt ~. -x.-e.~.tiy-r.rr ro7G'~'L'*~'~'b!;P'~'"~'4[Lrb?Y~, ,,ia,x~.y ..... Regular Session, January 2nd, 1951 Petition of North End Choral Club requesting a refund in the amount of $150.00 on the unex- pired portion of -their Class "B" Beer Permit No. 110, as they have discontinued business on Decem- ber 30, 1950, presented and read. Councilman Schueller moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of the North End Choral Club to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 110. Seconded,by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of Leo M. Kraus re- questing arefund in the amount of $50.00 an the unexpired portion oi' his Cigarette Permit No. 220, as he has discontinued business on December 30, 1950, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50.00 in favor of Leo M. Kraus to cover the amount of refund granted on the unexpired portion of his Cigarette Permit 220. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas -Mayor Welu, Ceuncil• men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Petition of Harold A, Kamentz requesting a refund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 214, as he has discontinued business on December 30, 1950, presented and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $50,00 in favor of Harold A, Kamentz to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No.214. Se- conded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None, Absent -Councilman Russo. Petition of Thos. Flynn Coal Company requesting an extension of 90 days time far completion of contract of the Simpson-Coates Street Sanitary Sewer District, Lift Station, Force Main and Trunk Line Sewer, presented and read. Councilman Kolb moved that the request be granted providing the consent of the Bonding Company is secured. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Russo Ordinance No. 1.51. An Ordinance amending Ordi- nance No. 13-49 being an Ordi- nance known as "The Traffic Code of the City of Dubuque" by re- pealing Schedules II and III there- of and enacting substitutes there- for and providing a penalty for a violation thereof, presented and read. Councilman Kalb moved that the reading just had be considered the first reading of the ordinance. Se- conded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None, Absent -Councilman Russo. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Austin. Carried by the fol• lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays - -None. Absent -Councilman Russo. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded Regular Session, January 2nd, 1951 9 by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Proof of publication certified to by the publishers, of a statement of receipts and also a list of claims far which warrants were drawn during the month of Nov- ember, 1950( presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Council• man Austin. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. December 28th, 1950 To the honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: I have examined the Abstract of Title to WASHINGTON SQUARE in the City of Dubuque, Dubuque County Iowa, as prepared by Abeln Asbstract Co., abstracters' certificate dated December 15, 1950 at 9 A. M. and find, in my opinion, the title thereto as shown by the abstract to be in DUBUQUE COUNTY, IOWA, subject to the perpetual right in the public to use the same for any public pur- pose and subject to the following observations: 1. The governing body of the City of Dubuque, as trustee for the public, has the right and duty to prescribe rules and regulations for the exercise of this' use and has the duty to defend this right in the public against any infringe- ments.The duty to prescribe rules and regulations carries with it the right to define the purpose for which the property shall be used so long as the purpose is a public purpose. The right to use this property perpetually For a public purpose is not invested in the citizens of Dubuque or of any particular lo- cality but in the public in general. By "public purpose" is meant any purpose which would support an action in eminent domain. At pre- sent the governing body has by ordinance established regulations restricting the use of this property to that of a park. In my opinion the City Council may, by ordi- nance, change this use to any othei use which will serve a public pur- pose. 2. This right in the public was created by the Act of Congress ~ehich laid out the original tawn- site of Dubuque, showed this pro- perty as a "Public Square" and provided the same should remain in the public forever. This had the effect of giving the public an ease- ment in the property while reserv- ing the title to the United States. The easement could not be re- voked by law since it was con- tractual. Consequently, in 1876 when Congress relinquished to Du- buque County whatever right the United States might have in the property it could give no more than it had and the title taken by the County was still subject to the rights of the public as herein-be- fore set out. Consequently the County may not devote this pro- perty to any purpose unless the consent of the governing body of the City is first obtained, Respectfully submitted, T. H: NELSON, City Solicitor. Councilman Kolb moved that the opinion of City Solicitor Nelson be approved and made a matter of record. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. December 28, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen The petition of Melvin Whitney requesting the installation o f school crossing signals on Rhom• berg Avenue at Johnson Street and on East 22nd Street with one light at Johnson Street and the other at Queen Street together with the petition of Rt. Rev, Msgr. J, V. Casey and C. A. Broc- kert requesting school crossing signals for St. Raphael's School 10 Regular Session, January 2nd, 1951 and the Franklin School were referred to the City Manager and Chief of Police for investigation and report. Having examined the proposed locations and the pedestrian pat- tern, we recommend that school crossing signals be installed on Rhomberg Avenue at Johnson Street, on Bluff Street at the entrances of St. Raphael's School and of Franklin School. The sug- gested installation on East 22nd Street at Johnson Street a n d (tueen Street is not recommended because the traffic on East 22nd Street does not warrant crossing lights. Respectfully submitted, A. A. Rhomberg City Manager. Jos. H. Strub Chief of Police. Councilman Austin moved that the recommendation of City Mana- ger Rhomberg and Chief of Pol- ice Strub be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Russo. December 30, 1950. To the Honorable Mayor I ~', ,and City Council, ', Dubuque, Iowa. Gentlemen, Herewith submitted are offers to sell three parcels of real estate on Iowa Street between 9th and 10th Streets needed for parking lot purposes. These offers are as follows: ~ Nicholas F. Friedlein & wife, the Northerly 18 feet- , 4 inches of Lot 204 for the sum of ..... $17,000.00 Richard C. Henschel & wife, -10 1 17 feet the Norther y inches of the Southerly 32 feet•10 inches of Lot 204 for the sum of ...... $15,300.00 The 1 m a Mae King, the Southerly 15 feet of Lot 204 and the Northerly 2 feet-11 inches of Lot 205 for the sum of....... $15,300.00 i I recommend that the Council accept the offers and direct the purchases by payment from the Parking Meter Fund. Respectfully submitted, A. A. Rhomberg, 'City Manager. Mayor Welu moved that the re- commendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Russo. December 30, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In preparing the final assess- ment for the improvement o f Edith Street, an error was made in recording the amount of the assessment against lots 92 and 93 of O'Neill's Riverview Addition. The amount recorded against these lots was $108.60 each and should have been $90.57 each, a difference of $18.03 each or a total of $36.06. I recommend that the owner of the property be permitted to satis- fy the assessment against the two lots upon the payment of $181.14 and that the City, from its im- provement fund, pay the deficien- cy equal to $36.06. Respectfully submitted, A. A. Rhomberg, City Manager. Mayor Welu moved that the recommendation of City Manager Rhomberg be approved and the City Treasurer be instructed ac- cordingly. Seconded by Council- nu+n Austin. Carried by the follow- ing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None, Absent-Councilman Russo. January 21, 1951. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The objections of Leonard F. and Frances E. Smith to the assessments against Lots 1 to 6 inclusive of Rosehill Addition for the improvement of English Lane Regular Session, January 2nd, 1951 11 were referred to the Council to view the grounds in company with J. J. Kintzinger, attorney for the objectors. At the conference it was de- cided by the council that the assessments be reduced to 1.4 of the valuation of the property as follows: Rase• Re• hill Valua• vised Defici• Add. Lion Ass'm. ency Lot 1 $50.00 $12.50 $52.97 Lot 2 60.00 15.00 82.24 Lot 3 70.00 17.50 64.40 Lot 4 75.00 18.75 63.77 Lot 5 75.00 18.75 84.49 Lot 6 75.00 18.75 102.20 $405.00....$101.25 $450.07 I recommend that the decision of the Council be confirmed, that the levy of the assessment for the improvement of English Lane be made with the above revision znd that a warrant be ordered drawn on the Consolidated Fund in the amount of $450.07 to pro- vide for the deficiency. The objectors further call the attention of the Council to the drainage affecting the above lots. After examining the lots it was decided to have a survey made of the drainage problem with sug- gestions for its solution. I recom- mend that such survey be made. Respectfully submitted, A. A. Rhomberg. City Manager. Councilman Austin moved that the recommendation of City Mana- ger Rhomberg be adopted and the City Treasurer instructed ac- cordingly :.nd the written objec- tions of Leonard F, and Frances E. Smith be overruled in light of the revisions made on their assess- ments. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Russo. City of Dubuque, Iowa SCHEDULE OF ASSESSMENTS RESOLUTION N0. 3.51 Resolved by the City Council of the City of Dubuque, Iowa: That to pay for the improvement of English Lane from the south prop- erty line of Mt. Loretta Avenue to the north property line of Southern Avenue, Thos. Flynn Coal Co., con- tractor, in front of and adjoining the same a special tax be and is hereby levied on the several lots, and parts of lots, and parcels of real estate hereinafter named, sit- uated and owned, and for the several amonts set opposite each lot or parcel of real estate, as fol- lows: Madonna P. Holmes, Lot 6, Mineral Lot 42 .... . Edith W. & Robert L. Bar- ton, Lat 1 of Lot 5 of Mineral Lot 42 ........ Herbert J. & Janece E. Appel, Lot 1 of Lot 2 of 4, Mineral Lot 42 . . Kenneth E. & Helen Mer- cer, Lot 2 of Lot 2 of 4, Mineral Lot 42 .... Kenneth E. & Helen Mer- cer, Lot 1 of Lot 2, Min- eral Lot 42 ........... Willis R. & Lila M. Gru- well, Lot 2 of I.ot 1 of 1 of 4, Mineral Lot 42 Floyd G. & Dorothy Run- dle, Lot 2 of Lot of 1 of 1 of 1 of 4, Mineral Lot 42 ............ . Floyd G. & Dorothy Run- dle, Lot 1 of Lot 1 of 1 of 1 of 1 of 4 of Mineral Lot 42 . . Eldon T. Herrig, Lot 2 of Lotloflofloflofl of 4 of Mineral Lot 42 . . Walter & Margaret Adams, Lot 1 of Lot 2 of 1 of 1 of 1 of 1 of 4 of Mineral Lot 42 ................ Walter & Margaret Adams, Lot2ofLot2oflofl of 1 of 1 of 4 of Mineral Lot 42 .............. Hermen C. & Gertrude Brockman, Lot 1, Brock- man`s Sub ............ Kenneth J. Palm, Lot 2, Brockman's Sub Greg W. & Marie Junk, Lat 3, Brockman's Sub ... James W. & Lillian Otto, Lot 4, Brockman's Sub James M. & Wilma S. O'- Rourke, Lot 5, Brock- man's Sub ............ 25.38 139.40 165.50 26.76 360.64 173.97 168.98 174.52 174.80 173.97 95.72 169.35 174.62 174.62 169.35 169.35 . , u .., w.. w n . _ n . ., . - . , . . ;x W~iM'~'~~Po-""~'A {'1"3"ic'#"k'F+`1a'q!ff+'~, 9A,u... . 12 Regular Session, January 2nd, 1951 Nicholas J. & Grace R. Er- Samuel & Sarah A. Garvin, voline, Lot 6, Brock- Lot 2 of Lot 38, Rose 03 35 man's Sub ............ 169.35 Hill Add ......... .. . David & Dorothy Kuper- Jerome & Alice Bur- Lot 1 of Lot 37, roughs schmidt, Lot 7, Brock- ' 14 54 , 1 02.54 man s Sub . • • • • • • • ~ • David & Dorothy Kuper- . Samuel & Sarah A. Garvin, schmidt, Lot 8, Brock- Lat 2 of Lot 37, Rose 86 94 man's Sub .. • • • • 58.90 Hill Add ... • • , Herman C. & Gertrude Joseph N. & Dora B. Jung- Rose Hill Add Lot A 31.46 Brockman, Lot 9, Brock- man's Sub ............ 51.27 , ers, Jerome & Alice Bur- Herman C. & Gertrude roughs, Lot B, Rose Hill 15 31 Lot 10, Brock- Brockman . , man's Sub 72.75 Joseph N. & Dora B. Jung- Herman C. & Gertrude ers, Lot 3, Mineral Lot 57 489 Lot 11, Brock- Brockman . 34 ................... , man's Sub . • • • • • ~ ~ 6'~ m33er, Lot 1 a X21 M 44 083 Herman C. & Gertrude . , Lo ineral & Ella R. Judge, Harold E Brockman, Lot 12, Brock• 64 13 . Lot 1 of Lot 8, English man's Sub ............ . Lane Sub ............. 141.32 Millie F. Klauer, Lot 29, 31 59 Harold E. & Ella R. Judge, Rose Hill Add ........ . Lot 2 of Lat 8, English Millie F. Klauer, Lot 30, Lane Sub ............. 28.23 Rose Hill Add ........ 90.79 Harold E. & Ella R. Judge, Millie F. Klauer, Lot 31, Lot 2 of Lot 1 of 7, Rose Hill Add ........ 93.26 English Lane Sub .... 42.34 Millie F. Klauer, Lot 32, Harold E. Williams & Eliza- Rose Hill Add ........ 95.59 beth P. Hanselmann, Millie F. Klauer, Lot 33, Lot 1 of Lot 1 of 7, Eng- 83 75 Rose Hill Add ...... 93.18 lish Lane Sub .... • Harold E. Williams & Eliza- . Millie F. Klauer, Lot 34, 80 87 beth P. Hanselmann, Rase Hill Add . • • • • . • . . Lot 2 of Lot 7, English Millie F. Klaur, Lot 35, Lane Sub .......... .. 35.27 Rose Hill Add ........ 86.37 Harold E. Williams & Eliza- Millie F. Klauer, Lot 36, beth P. Hanselmann, Rose Hill Add ........ 118.95 Lot 1 of Lot 6, English Francis X. & Mary F. Gru- Lane Sub ............. 105.84 ber, Lot 28, Rose Hill Guy R. & Elizabeth Hem- Add ......... • • • • • • • ~ 139.98 enway, Lot 2 of Lot 6, Francis X. & Mary F. Gru- English Lane Sub ...... 35.27 ber, Lot 27, Rose Hill Guy R. & Elizabeth Hem- Add .................. 92.00 enway, Lot 1 of Lot 5, Francis X. & Mary F. Gru- English Lane Sub ........ 105.84 ber, Lot 26, Rose Hill John A. & Mary Matous, Add .......... • • • • • • • ~ 50.72 Lot 2 of Lot 5, English Jerome & Alice Burroughs, Lane Sub ............ • 35.27 Lot 41 Rose Hill Add .. 6.71 John A, & Mary Matous, Jerome & Alice Burroughs, Lot 1 of Lot 4, English Lot 40, Rose Hill Add 8.76 Lane Sub ......... • • • . 111.11 Jerome & Alice Burroughs, Oswin & Grace Tigges, Lot 1 of Lot 39, Rase Lot 2 of Lot 4, English Hill Add ............. 18.25 Lane Sub ............. 35.27 Samuel & Sarah A. Garvin, Oswin & Grace Tigges, Lot 2 of Lot 39, Rose Lot 1 of Lot 3, English Hill Add 19.05 Lane Sub . ... • 115.25 Jerome & Alice Bur• Robert L. & Frances Sliv Lot 1 of Lot 38, roughs ken, Lat 2 of Lot 3, Eng- , Rose Hill Add . 33.99 lish Lane Sub .. .. 7.22 Regular Session, January 2nd, 1951 13 Robert L. & Frances Sliv. Victor J. & Mary E. Rieke, ken, Lot 1 of Lot 1 of 2, Lot 5, Rose Hill Add ... 103,24 English Lane Sub ..... 165.94 Victor J. & Mary E. Ricke, Geo. L. & Dorothy Mc Don- Lot 6, Rose Hill Add ... 120.95 old, Lot 1 of Lot 1, Eng- William F. & Charlene lish Lane Sub ......... 460.49 Barris, Lot 7, Rose Hill Harold E. & Ella R. Judge, Add ... ............ 125.28 Lot 9, English Lane Sub 103.35 William F. & Charlene Geo. L. & Dorothy Mc Don- Barris, Lot 8, Rose Hill old, Lot 1 of Lot 5, Add ................. 146.63 Mineral Lot 45 ........ 3.42 William F. & Charlene Presentation Nuns, Lot 1 Barris, Lot 9, Rose Hill of Lot 2 of 5, Mineral Add .. ................ 98.18 Lot 45 ............... 154.60 William F. & Charlene Vincent J. & Kath Ferman, Barris, Lot 10, Rose Hill Lot 2 of Lat 2 of 5, Min- Add .................. 41.48 eral Lot 45 ........... .84 Mettel Realty & Inv. Co., Harold E, & Ella R. Judge, Lat 2 of Lot 5 of Min- Lot 1 of Lot 7, Mineral eral Lot 34 .... .. ... 442.71 Lot 45 ................ 3.58 Thom. P. & Mildred Hein, Frances X. & Mary F. Gru- Lot 49, Rose Hill Add 50.12 ber, Lot 25, Rose Hill Thas. P. & Mildred Hein, Add .................. 27.37 Lat 48, Rcse Hill Add .. 3.73 Frances X. & Mary F. Gru- Leo A. & Ruth Adams, Lat ber, Lot 24, Rose Hill 47, Rose Hill Add ..... 182.42 Add .................. 9.79 Leo A. & Ruth Adams, Lot Frances X. & Mary F. Gru- 46, Rose Hill Add ..... 73.71 ber, Lot 15, Rose Hill Leo A. & Ruth Adams, Lot Add ...... ........... 6.73 45, Rose Hill Add ..... 40.57 Frances X. & Mary F. Gru- Leo A. & Ruth Adams, Lot ber, Lot 14, Rose Hill 44, Rose Hill Add ..... 18.86 Add .................. 21.51 Leo A. & Ruth Adams, Lot Frances X. & Mary F. Gru- 43, Rose Hill Add ..... 10.85 ber, Lot 13, Rose Hill Leo A. & Ruth Adams, Lot Add ... ............... 42.56 42, Rose Hill Add ..... 6.33 Frances X. & Mary F. Gru- Rob't L. & Frances Slivken, ber, Lot 12, Rose Hill Lot ~~ of Lot 1 of Eng- Add .................. 73.02 lish Lane Sub ......... 4.34 Frances X. & Mary F. Gru- Geo. L. & Dorothy McDon- ber, Lot 11, Rase Hill old, I,ot 2 of Lot 1 of 2, Add ............... 153.60 English Lane Sub . 13.01 August & Elizabeth Schu- Oswin & Grace Tigges, Lot Bert, Lot 1 of Lot 14, 2 of Lot 2, English Lane South Ave. Add .... .. 170.37 Sub .................. .80 James C, & Mary D. Bo- John A. & Mary Matous, land, Lot 13, South Ave. Lot 2 of Lot 5, English Add .................. 49.26 Lane Sub ............. 48.18 Robert C, Dewey, Lot 16, $1 0,140.75 South Ave. Add ....... 16.86 3,549 Lin. Ft. Combination Robert C. Dewey, Lot 17, Concrete Curb & Gutter South Ave Add , ..... 12.54 TYPe A @ $2.50 ..... 8,872.50 Robert C. Dewey, Lot 18, 19.85 Sq. Yds. Concrete South Ave. Add ....... 6.31 Driveways @ 5.00 .... 99.25 Victor J. & Mary E. Ricke, 261, Lin. Ft. Concrete Lot 1, Rose Hill Add 65.47 Radius Curb Type B @ Victor J. & Mary E. Ricke, 2.50 • . • • • • ~ • • • • • • • • • • • 652.50 Lot 2, Rose Hill Add ... 97.24 9,62425 Victor J. & Mary E. Ricke, Extra Expense 4~Z % ... 433.09 Lot 3, Rose Hill Add .. 81.90 6% Interest for 52 days . 83.41 Victor J. & Mary E. Ricke, Lot 4, Rase Hill Add ... 82.52 $10,140.75 14 Regular Session, January 2nd, 1951 All of which is assessed in pro- portion to the special benefits con- ferred. Passed, adapted and approved this 2nd day of January, 1951. CLARENCE P. WELU Mayor RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Absent-Councilman Russo, Proofs of publication, certified to by the publishers, of notice of the intention of the City Council to issue improvement bonds in the amount of $10,140.75 to provide for the cost of the improvement of English Lane from the south pro• perty line of Mt. Loretta Avenue to the north property line of Southern Avenue, presented and read. Mayor Welu moved that the proofs of publication be received and filed. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. to issue bonds to pay the cost of said improvement and a public hearing has been held pursuant thereto, and all objections filed thereto have been considered and determined: NOW, THEREFORE BE IT RE- SOLVED by the City Council of the City of Dubuque that to pro- vide fer the cost of the improve- ment of English Lane from the south property line of Mt. Loretta Avenue to the north property line of Southern Avenue, there be is- sued Improvement bonds to the amount of $10,140.75. Said bonds shall be issued under the provisions of Chapter 396 of the Code of Iowa, 1950; shall bear the date of the 1st day of Febru- ary, 1951, shall be in denomina- tions of $500.00, except that there shall be one bond to the amount of $140,75. They shall be number ed from 4564 to 4584 inclusive and shall be divided into ten ser- ies, of which the bonds numbered 4564 and 4565 shall constitute the first series and shall be payable the first day of April, A. D. 1952, the bonds numbered 4566 and 4567 shall constitute the second series and shall be payable the first day of April, A. D. 1953, the bonds numbered 4568 and 4569 shall con- stitute the third series and shall be payable the first day of April, A. D. 1954, the bonds numbered 4570 and 4571 shall constitute the fourth series and shall be payable the first day of April, A. D. 1955, the bonds numbered 4572 and 4573 shall constitute the fifth series and shall be payable the first day of April, A. D. 1956, the bonds numbered 4574 and 4575 shall constitute the sixth series and shall be payable the first day of April, A. D. 1957, the bonds numbered 4576 and 4577 shall constitute the seventh s e r i e s and shall be payable the first day of April, A. D. 1958, the bonds numbered 4578 and 4579 shall con- stitute the eighth series and shall be payable the first day of April, A. D. 1959, the bonds numbered 4580 and 4581 shall constitute the ninth series and shall be payable the first day of April, A.D., 1960, the bonds numbered 4582, 4583 and 4584 shall constitute the tenth Nays -None, Absent -Councilman Russo. (Resolution Providing for the is- suance of Public improvement bonds.) CITY OF DUBUQUE, IOWA RESOLUTION N0. 451 WHEREAS, the contract hereto- fore entered into by the City of Dubuque for the improvement of English Lane hereinafter describ- ed,has been completed and said im- provement has been accepted by the City Council of said City and the City Engineer has computed the cost and expense thereof to be $10,140.75. AND WHEREAS, public notice as provided by law, has been pub- lished by the City Clerk stating the intention of the City Council Regular Session, January 2nd, 1951 15 series and shall be payable the first day of April, A. D. 1961. Said bonds shall bear interest at the rate of five per cent. per an- num which interest shall be pay- able semi-annually, in accordance with the terms of the coupons thereto attached; and said bonds shall be payable out of the pro- ceeds of the special assessment levied far said improvement. Both principal and interest shall be payable at the office of the City Treasurer in the City of Du- buque. Said bonds shall be sub- stantially in the following form: No ................ Series No ................ CITY OF DUBUQUE IMPROVEMENT BOND The City of Dubuque in the State of Iowa promises to pay as here- inafter mentioned to the bearer hereof, on the first day of April, A. D. 1951; or any time before that date at the option of the City, the sum of .........HUNDRED DOLLARS, with interest thereon at the rate of five per cent, per annum, payable on the presenta- tion and surrender of the interest coupons hereto attached, both in- terest and principal are payable at the office of the City Treasurer in the City of Dubuque in the State of Iowa. This bond is issued by the City of Dubuque pursuant to and by virtue of Chapter 396 of the Code of Iowa, 1950 and in accord- ance with a resolution of the City Council of said City, duly passed on the 2nd day of January, 1951, This bond is one of a series of 21 bonds, 20 for $500.00 numbered from 4564 to 4583 inclusive and one for $140.75 numbered 4584, all of like tenor and date, and issued for the purpose of the im- provement of English Lane from the south property line of Mt. Lor- etta Avenue to the north property line of Southern Avenue and de- scribed in said resolution; which cost is assessable to and levied a- long said improvement, and is made by law a lien on all abutt- ing or adjacent property, and pay- able in ten annual installments, with interest on all deferred pay- ments at the rate of five per cent per annum, and this bond is pay- able only out of the money de- rived from the collection of said special tax, and said money can be used for no other purpose. And it is hereby certified and recited that all the acts and conditons and things required to be done prece- dent to and m the issuing of this series of bonds, have been done, happened and performed in regu- lar and due form as required by said law and resolution; and for the assessments, collections and payment hereon of said special tax, the faith and diligence of said City of Dubuque are hereby irrevocably pledged. In Witness Whereof, the City of Dubuque by its City Council has caused this bond to be signed by its Mayor and countersigned by its City Clerk, with the seal of said City affixed this 1st day Feb- ruary, 1951, and has authorized the use of their fac-simile signature to the interest coupons hereto attach- ed. MAYOR. .......................... CITY CLERK. Countersigned (Seal) (FORM OF COUPON} On the .....day of ........ A. D. 195 ,the City of Dubuque, Iowa promises to pay to the bearer, as provided in the bond, the sum of .. Dollars, at the office of the City Treasurer in the City of Du- buque, being .... months interest due that day on its ....... Bond No.- dated 1950. MAYOR. ................ ......... CITY CLERK. BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby instructed to cause said bonds to be prepared and when so prepared to execute said bonds, and that the City Clerk be and he is hereby instructed to register said bonds in a book to be kept by him for that purpose, and to then deliver them to the City Treasurer who will also re- gister them in a book to be kept by him for that purpose. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby instructed to sell said bonds in the manner provided by law, the proceeds of said sale to . . , x. . , . '~ e,q - r ~. ~A .tt o 3 :'-grr: ~~-,.. ~6 k C'M.'kTM#-&.?F #'4f`.d'~,~~!.. a, n 16 Regular Session, January 2nd, 1951 be kept in a special fund to be known as Improvement Fund. BE IT FURTHER RESOLVED that 'the interest coupons attach- ed to the bonds be signed with the fac-simile signature of the May- or and countersigned with the fac- simile signature of the City Clerk. BE IT FURTHER RESOLVED, that as fast as funds allow, be- ginning with the second year after the payment of interest due, these bonds shall be called and retired in the same order as numbered. Adopted this 2nd day of January 1951. Approved: CLARENCE P. WELU Mayor RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER Councilmen Attest: J. J. SHEA ', City Clerk. Councilman Kolb moved the a- doption of the resolution. Second- ', ed by Councilman Austin. Carried ' by the following vote: Yeas -Mayor Welu, Council- ' men Austin, Kolb, Schueller. Nays-None. Absent -Councilman Russo. State of Iowa County of Dubuque I, John L. White, do hereby certify that on the 2nd day of November, 1950, 1 posted copies ~I of the attached notice of levy of special assessment and intention of the City Council to issue bonds along the line of improvement for the improvement of English Lane from the south property line of Mt. Loretta Avenue to the north I property line of Southern Avenue. Signed John L, White Subscribed and sworn to before i me this 3rd day of November, 1950. John J. Shea. Notary Public. (SEAL) Councilman Austin moved that the statement of John L. White be received and made a matter of record. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays - None, Absent -Councilman Russo. January 2, 1950. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The plans and specifications for the proposed storm sewers are at the stage were they can be readily put in farm for a letting. On the question of financing it appears that the levy for the retirement of sewer bonds is an additional levy not presently made by the city. For the purpose of expediting the matter, I recommend that the Council select a tentative date, such as March 5th, for a letting on both the sewer construction work and the sale of bonds. It is my be- lief that such a date as a target can be realized, Very truly yours, A. A. Rhomberg, City Manager. Councilman Kolb moved that the recommendation of City Manager Rhomberg be approved and that proper proceedings be ordered prepared, Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Councilman Austin moved that the City Solicitor be authorized to have the bond proceedings for the construction of proposed storm sewers prepared by Chapman & Cutler, Attorneys, of Chicago, Illi- nois, Seconded by Councilman. Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays - None. Absent -Councilman Russo. Councilman Austin moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men. Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Mr. Frank Specht addressed the Council with reference to the pur• Regular Session, January 2nd, 1951 17 chase of city owned property at the junction of Valley Street and Southern Avenue and located in back of the National Guard Ar- mory. Mr. Frank Whittington, repre- senting the Kemler Estate, ad- dressed the Council and submitted for sale to the City of Dubuque, for off-street parking facilities, the Kemler property located on the east side of Bluff Street between 8th and 9th Streets far the sum of $37,500.00. Mayor Welu moved that the City Manager be instructed to exercise an option on behalf of the City of Dubuque, Iowa, for the acquiring of the Kemler property located on the east side of Bluff Street between 8th and 9th streets as a parking lot or off-street park- ing facilities for the sum of $37,- 500.00 and that a warrant in the amount of $3,750,00 be ordered drawn against the Parking Meter Fund to cover the amount of the option. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent-Councilman Russo. December 30, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to the petition of the Independent School District of Dubuque dated August 30, 1950 requesting the vacation of certain streets and alleys on the Senior High school campus, the Planning & Zoning Commission respectful- ly recommends to your Honorable Body the vacation of the following described streets and alleys and conveyance of the ground to the abutting property owners; (1) Alumni Place from the southerly property line of West Locust Street to the northerly line of South View Terrace. (2) Southview Terrace from the westerly property line of Alumni Place to the Westerly property line of Vincent street. (3) Francisco Street from the easterly property line of Alumni Place to the westerly property line of Vincent street. (4) The Alley between West Lo- cust Street and Francisco Street from the easterly property line of Alumni Place to the westerly pro- perty line of Vincent Street. (5) The Alley between Francisco Street and Southview Terrace from the easterly property line of Alum- ni place to the westerly property line of Vincent Street. (6) The Alley first northerly of Rosedale Avenue and abutting lots one to fifteen inclusive of Rose- dale addition. (7) The unnamed Street from the northerly property line of Rosedale Avenue to the southerly line of the Alley first northerly of Rose- dale Avenue and between Lot s thirteen and fourteen of Rosedale Addition. These streets and alleys have never been opened up and there is very little likelihood of their ever being needed for street pur- poses, therefore the Planning & Zoning Commission sees no objec- tion to the request of the School board, Respectfully submitted, The Dubuque Planning & Zoning Commission By R. V. McKay Secretary Councilman Austin moved that the recommendation of the Plann- ing and Zoning Commission be ap- proved and that proper pro- ceedings be prepared, Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo, December 30, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning & Zon- ing Commissin wishes to advise the honorable City Council that plans for Grandview Ave exten- sion have developed to the point where the property required for same from the Independent school District of Dubuque is definitely determined and surveyed, there- fore the Planning & Zoning Com- mission respectfully recommends that City Council take appropriate lg Regular Session, January 2nd, 1951 action leading to the early acquisi- tion of the necessary property. Yours truly, The Dubuque Planning & Zoning Commission By R. V. McKay Secretary Councilman Austin moved that the recommendation of the Plann- ing and Zoning Commission be ap- proved and that a communication be addressed to the Independent School District requesting that the needed right-of-way for the Grand- view Avenue extension be convey- ed to the City of Dubuque and also that an easement be granted covering the water mains now in place on the school board pro- perty. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None, Absent -Councilman Russo. December 27, 1950 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In the five year improvement program of the Water Works Sys- tem there is included a proposal for a new high lift dual driven pumping unit at Eagle Point Sta- tion. This unit is to be capable of supplying the intermediate system now being constructed as well as the existing law pressure service. Further study indicates that such a pump should hve a capacity of approximately 3'~ million gallons per day which is 2400 gallons per minute. Since this proposal is a necessary part of the project pre- sently under way, consideration should be given to it at this time. Attached are plans, specifica- tions and proceedings for the ad- vertising for bids. We recommend that the Council adopt the proce- dure for the acquisition of the pumping unit outlined herein. .Respectfully submitted, A. A. Rhomberg. City Manager J. J. Hail Superintendent Councilman Kolb moved that the recommendation of City Manager Rhomberg and Water Superinten- dent Hail be adopted. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Resolution No. 5-51. Preliminary approval of plans, specifications, form of contract and all other documents for to construct and de- liver agasoline engine and elec- tric driven high lift pumping unit in the Eagle Point Pumping Sta- tion, estimated cost $25,000.00, pre- sented and read. Mayor Welu mov- ed that he resolution be adopted. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 6.51 RESOLUTION providing for a notice of hearing on proposed plans, specifications and farm of contract for constructing improve- ments and extensions to the muni• cipal water works in and for the City of Dubuque, Iowa, and provid- ing for taking bids in connection therewith. WHEREAS it is necessary and desirable that the municipal water works of the City of Dubuque, Iowa, be improved and extended and proposed plans, specifications and form of contract far construct- ing said improvements and exten- sions are now on file in the office of the City Clerk; and WffEREAS it is necessary to fix a time and place of hearing on said proposed plans, specifications and form of contract, to provide for - taking bids in connection there- with and to give notice thereof; NOW, 'rru+;xEFORE, BE IT AND 1T IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, as follows: Section 1. That the 5th day of February 1951, at 7:30 o'clock p. m. at the Council Chamber in the City Hall, in the City of Dubuque, Iowa, is hereby fixed as the time and place of hearing on the pro- posed plans, specifications and form of contract for constructing improvements and extensions to Regular Session, January 2nd, 1951 19 the municipal water works in and for the City of Dubuque, Iowa, and also as the time and place for taking bids in connection therewith. Section 2, That the Mayor and City Clerk are hereby authorized and directed to give notice of said hearing on said proposed plans, specifications and form of contract and of taking said bids for the construction of said im- provements and extensions by publication of such notice once each week for two consecutive weeks in the Telegraph-Herald, a newspaper published and for gen- eral circulation in said City of Du- buque, Iowa, and in like manner in the Register and Tribune, a newspaper published in Des Moines Iowa, and of general circulation in the State of Iowa, the first of which publications in each news- paper shall be at least thirty days prior to the time of said hearing, all in conformity with the provi- sions of Section 397.16 of the Code of Iowa, 1950. Said notice shall be in substantially the following farm: Notice of Public Hearing on Pro- Proposed Form of Contract for the Construction of Improvements and Extensions to the Municipal Water Works of the City of Dubuque, Iowa, and of the Taking of Bids Thereon Notice is hereby given that the City Council of the City of Dubu- que, Dubuque County, State of Iowa, will meet at the Council Chamber in the City Hall, Dubuque, Iowa on the 5th day of February, 1951, at 7:30 o'clock p. m., a t whch time and place the Council proposes to adopt plans and speci- fications and form of contract and to receive bids for the construc- tion of improvements and exten- sions to the municipal water works of said City and to enter into a contract or contracts for the con- struction thereof. The construction of the proposed improvements and extensions consists in general of the following: A gasoline engine and electric motor driven high lift pumping unit in its Eagle Paint Pumping Station All in accordance with the pro- posed plans and specifications and proposed form of contract now on file in the office of the City Clerk of Dubuque, Iowa, which plans and specifications and form of contract are hereby made a part hereof the same as if set out in full and are referred to far a more detailed de- scription of the work to be done and the materials to be furnished and the terms and conditons there- of. Copies of the plans and specifi- cations, form of contract and pro- posal forms are now on file and available for inspection at the of- fice of the City Clerk in the City Hall, Dubuque, Iowa. Copies of documents may be obtained for bidding purposes by depositing $10.00 with the City Clerk for each set of documents. The full amount of the deposit for one set of docu- ments will be refunded to e a c h actual bidder who returns the plans in goad condition to the City within ten (10) days after opening of proposals. One-half ('~) of all other deposits will be refunded for each set of complete documents, including plans returned to the City. All proposals must be submitted on bid farms furnished by the City Clerk as a part of the specifica- tions. No bid may be withdrawn after the opening of proposals with- out the consent of the City of Du- buque, Iowa, for a period of thirty (30) days after the scheduled time of closing bids. At said hearing, the City Council cations and the proposed form of will consider the plans and specifi- contract, the same now being on file in the office of the City Clerk, reference to which is made for a more detailed and. complete de- scription of the proposed improve- ments, and will receive and con- sider any objection of said plans and specifications and form of con- tract made by any interested party. The cost of constructing said im- provements and extensions will be paid in cash out of the proceeds of the sale of Water Revenue Bonds issued by the City. These bonds are not general obliga- tions nor payable in any man- ner out of taxation, but are payable solely and only out of the future net revenues of the Munici- 2p Regular Session, January 2nd, 1951 pal Water Works. Payment will be made to the contractor or contrac- tors as the work progresses upon monthly estimates as described in the specifications. The successful bidder will be re- quired to furnish a performance band in an amount of 100 percent of the contract price. Construction shall be started up- on receipt of notice to proceed af• ter the award of contract, and shall be completed within 150 days thereafter, all subject to unavoida- ble delays, All proposals shall be accompani• ed by a certified check ar bank draft drawn on a solvent bank in the State of Iowa or a satisfactory bid bond, in an amount not less than five per cent (5 percent) of the amount of the bid, which se- curity shall be forfeited if the bidder fails or refuses to enter in- to contract or to furnish bond af- ter hs proposal has been accepted by the City Council. The City Council hereby reserves the right to reject any or all bids, to waive informalities and to en- ter into such contract or contracts as it shall deem to be to the best interest of the City. Neither the contract or contracts for said improvements and exten- sions nor Water Revenue Bonds issued shall constitute general ob- ligations of the City nor secured by or payable in any manner by taxation, but shall be payable sole- ly from future net revenues of the municipal water works system and secured by a pledge of said net earnings. By vitue of statutory authority, preference will be given to labor, products and provisions grown and produced within the State of Iowa. extent same may be in conflict herewith are hereby repealed. Passed and approved January 2nd 1951. CLARENCE P. EWLU Mayor RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER Councilmen Attest: J. J. SHEA CITY CLERK Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 1.51 BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 1, That a public hearing be had to determine whether or not pub- lic convenience and necessity will be served by the establishment of municipally owned parking lots or off street parking facilities on: City Lots 644, 645 and the North 2 feet of 646 in the City of Du- buque, Iowa, according to the ori- ginal plat of the town (now city) of Dubuque, Dubuque County Iowa and by the acquisition by condemnation or otherwise, of all of such property and by the im- provement of said property to maintain and operate such facili- ties; II. That such hearing be held at the City Council Chambers in the City Hall in the City of Dubuque, Iowa, at 7:30 P.M., or the 8th day of February, 1951. III. That the City Clerk be and he is hereby authorized and directed Clarence P. Welu MAYOR Attest: J. J, Shea CITY CLERK Section 3. That all provisions set out in said form of notice are here- by recognized and prescribed by the Council and that all resolutions or orders or parts thereof to the I', II to cause to be published in the Telegraph-Herald a newspaper of general circulation in the City of Dubuque, Iowa. Notice of such hearing the same to be published so as to leave at least two weeks between the day of such publication and the day fixed for said hearing. Said notice shall contain, among other the r Regular Session, January 2nd, 1951 21 provision that any persons affected by the establishment of said park- ing lot or off-street parking facili- ties and all citizens shall have an opportunity to be heard. Passed, adopted and approved this 2nd day of January, 1951. CLARENCE P. WELU MAYOR RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN Attest; J. J. SHEA CITY CLERK. Councilman Austin moved the a- doption of the resolution. Seconded by Councilman Schueller, Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller, Nays -None. Absent -Councilman Russo. RESOLUTION N0. 8.51 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having compli- ed with the provisions of law re• lating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Louis T. Bournias, 2117 Univer- sity Avenue Sara Faigen, 399 East 20th street John B. Burgmaier, 2600 Jackson Street BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 2nd day of January, 1951. CLARENCE P. WELU MAYOR. RAY KOLB RUBEN V, AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA City Clerk. Councilman Kolb moved the a- doption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. rESOLUTION N0. 9.51 WHEREAS, applications f o r Beer permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the fallowing applications be granted and the licenses ar to be issued upon the compliance with the terms of the ordinances of this City. CLASS "6" PERMIT John B. Burgmaier, 2600 Jackson Street Sara Faigen, 299 East 20th Street Spencer P. Wright, 1862 Central Avenue Mrs. Ruby Pappas, 177 Main Street William H. Harbaugh, 62 Locust Street Frank E. Lewis, 2403 Central Avenue CLASS "C" PERMIT A. J. Ender, 534 Rhomberg Ave- nue John C. Neumeister, 729 Lincoln Avenue Passed, adopted and approved this 2nd day of January, 1951. CLARENCE P. WELU MAYOR RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN Attest: J. J. SHEA CITY CLERK. Councilman Kolb moved the a- doption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. RESOLUTION N0. 10.51 WHEREAS, heretofore applica- tions for Beer Permits were filed by the within named applicants and they have received the appro- val 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 a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the ..~_,~.. ..,.~b;~a~e. ,.~~ .,, .,_.,,~. ~ ~s~~~~ra~a.a~~~sm- ~, ~;r 22 Regular Session, January 2nd, 1951 Manager be and he is directed to issue to the following named appli- cants aBeer Permit. CLASS "B" PERMIT John B. Buurgmaier, 2600 Jack- son Street Sara Faigen, 399 East 20th Street Spencer P. Wright, 1862 Cen- tral Avenue Mrs. Ruby Pappas, 177- Main Street William H. Harbaugh, 62 Locust Street Frank E. Lewis, 2403 Central Avenue CLASS "C" PERMIT A. J. Ender 534 Rhomberg Avenue John C. Neumeister, 729 Lincoln 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 2nd day of January, 1951. CLARENCE P. WELU MAYOR. RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN Attest; J. J. SHEA CITY CLERK Councilman Austin moved the a- doption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Schueller. Nays -None. Absent -Councilman Russo. Councilman Russo entered the Council Chamber and took his seat at 9:35 p.m January 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On December 23, 1950 Josepr J. Roscamp made application for Class "B" Beer Permit at a loca- tion stated as 1405 Dodge Street, The building at this address is oc- cupied as a grocery store and in a zoning classificatin as a non~on- forming use, being occupied as a grocery store at the time the zon- ing ordinance was passed in 1934. The present zoning is two-family residence district and the opera- tion of a Class "B" Permit in this building would be in violation of the zoning ordinance and a certifi- cate for this type of operation could not be granted. Paragraph 505 of Ordinance No. 9-35, an ordinance pertaining to the issuance of Beer Licenses, de- finitely requires the location of a Class "B" Beer Permit be in a busi- ness zone, Therefore, in view of the above, I recommend that a permit for Class "B" Beer Permit at the above address be denied. Respectfully submitted, Donald J. Bandy, Building Commissioner. Councilman Austin moved that the rcommendation of B u i l d i n g Commissioner Bandy be accepted. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays - None. January 2, 1951 To the Honorable Mayor and City Council, Dubuque; Iowa. Gentlemen: This is to advise that I am not a candidate for re-appointment as City Manager for the fiscal year beginning April 1, 1951. It is pro- per that such intention be made known at this time. By way of appreciation of the many favors and courtesies receiv- ed during my tenure of office, I know of no better manner of ex- pression than to expedite the un- finished business at hand and to implement those projects now in their inception. This I am doing and will during the remaining time continue to the best interest of the city. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the communication of City Mana- ger Rhomberg be referred to the City Council for consideration. Sec- onded by Councilman Kolb. Car- ried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays-None. Regular Session, January 2nd, 1951 23 December 28th, 1950 To the Honorable Mayor and City Council of the City of Dubuque, Iowa Gentlemen: I have examined the Abstract of Title to Washington Square irr the City of Dubuque, Dubuque County, Iowa, as prepared by Ablen Ab- stract Co., abstractors' certificate dated December 15, 1950 at 9 a. m. and find, in my opinion the title thereto as shown by the abstract to be in Dubuque County, Iowa, subject to the perpetual right in the public to use the same for any public purpose and subject to the following observations: 1. The governing body of the City of Dubuque, as trustee for the public, has the right and duty to prescribe rules and regulations for the exercise of this use an has the duty to defend this right in the public against any infringe- ments, the duty to prescribe rules and regulations carries with it the right to define the purpose for which the property shall be used so long as the purpose is a public purpose. The right to use this property perpetually for a public purpose is not vested in the citizens of Du- buque or of any particular locality but in the public in general. By "public purpose" is meant any pur- pose which would support an ac- tion in eminent domain. At pre- sent the governing body has by ordinance established regulations restricting the use of this property to that of a park. In my opinion the City Council may, by ordinance, change this use to any other use which will serve a public purpose. 2. This right in the public was created by the Act of Congress which laid out the original town- site of Dubuque, showed this pro- perty as a "Public Square" and provided the same should remain in the public forever. This had the effect of giving the public an ease- ment in the property while reserv- ing the title to the United States. The easement could not be re- voked by law since it was con- tractual. Consequently, in 1876 when Congress relinquinshed to Dubuque County whatever right the United States might have in the property it could give no more than it had and the title taken by the County was still subject to the rights of the public as herein- before set out. Consequently the County may not devote this pro- perty to any purpose unless the consent of the governing body of the City is first obtained. Respectfully Submitted, T. H. Nelson, City Solicitor, Councilman Russo moved that the opinion of City Solicitor Nel- son be referred to the Park Board with the desire of the Council ex- pressed for to utilize Washington Park for a parking lot and that the Park Board be requested to communicate with the City Coun- cil, at their convenience as to their disposition in this matter. Second- ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays -None. There being no further business Councilman Schueller moved to ad- journ Seconded by Councilman Austin. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays -None. J. J. SHEA, City Clerk. Approved ............... 1951 Adopted ................. 1951 l l .................................... I ^ouncilmen: j .................................... I I Attest : ............... City Clerk. ~. , . _-..,, .. ~,.µ ~... .. ,.. ,. ., -r mwemtt A4~3^'s~~'er~.ar+. R;~i~?vm~»1~+w C'r9-'9~~.. 25 Special Session, January 10th, 1951 24 Special Session, January 10th, 1951 City Council (OFFICIAL) Special Session, January 10th, 1951 t Council met at 7:30 p. m. g• Present -Mayor Welu, Council- e men Austin, Kolb, Russo, Schueller. C City Manager Rhomberg. F Meeting called by order of Coun- T cilmen Russo and Kolb. Mayor Welu read the call and stated that service thereof had t been duly made and that this me of s ing is called for the purPo conducting a public hearing on the question to determne whether or not public convenience and necess- ity will be served by the estab ark- ment of municipally owned p ing lots or off-street parking facili- ties on City Lots 615, 616, 616A, the southerly 8 feet of City Lot . 617 and the northerly ~ include City Lot 617 (meaning all of City Lot 617) and Lot 1 of City Lot 690 all in the city of Dubuque, Iowa, and acting o uaer- other business as may P P ly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of pub- lic heanng on the question to de- termine whether or not public con- venience and necessity will be serv- ed by the establishment of munici- pally owned parking lots or off- street parking facilities on C i t y Lots 615, 616, 616A, the sauther- nor8therly 54 feet oft City Lot 617 (meaning to include aLot 6906 all and Lot 1 of ofy Dubuque, Du- in the City buque County, Iowa, and by the acquisition by condemnation or otherwise of all such property and by the improvement of said proper- ty to maintain and operate such facilities all in accordance with Chapter 390 of the 1950 Code of Iowa, presented and read. Council- man Kolb moved that the proof of publication be received and fil- ed. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo, Schnell er. Nays -None. Petition and amendment to peti- m of Mrs. J. M. Walker and hers, citizens, taxpayers and own- s of property in the neighbor- ood of Fifth and Bluff Iowa~re- he City of Dubuque, istering their objectrationtof the stablishment and ope ity Parking Lot at the corner of fifth and Bluff Streeresented and f Dubuque, Iowa, p ead. Councilman Russo moved that he rules be suspended for the purpose of allowing any one pre- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• er. Nays -None. Attorney J. J. Kintzingeo~ta f dressed the Council in supp the petition of Mrs. J. M. Walker and others. Councilman Russo mov- ed that the petition of Mrs. J. M. Walker and others be referred to the Planning and Zoning Commis- sion for their report and also to the City Solicitor for his opinion, said report and opinion to be submitted to the Council at their meeting to be held January 22nd, 1951 and also that Attorney J. J. Kintzinger be notified as to the time of the meeting of the Plann- ing and Zoning Commission. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays -None. Proof of publication, certified to by the publishers, of notice of public hearing upon the question of the change in zoning classifica- tion of the area bounded in gen- eral by Southern Avenue, Lot 1 of Lot 2 of Lot 3 of part of Mineral Lot 37, the Dubuque Cascade Road, and Lot 1 of Lot 2 of Lot 4 in O'Connor's Subdivision from "Local _ Business District" classification to _ "Light Industrial District" classifi- cation, presented and read. Coun- cilman Kolb moved that the proof of publication be received and fil• ed. Seconded by Mayor Welu. Car- ried by the following vote: Yes -Mayor Welu, Councilmen Austin, Kolb, Russo; Schueller. Nays -None. Ordinance No. 2.51. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated "Zoning Ordinance of the City of Dubuque," so as to change the zoning classification of the following described area from its present classification to "Light Industrial District" classification, to-wit: On the southerly side of Southern Avenue, to in the follow- that area bounded byoint on the ing; beginning at a p northwesterly cornerof ~~ Three (1) of Lot Two (2) (3) of part of Mineral Lot Thirty- seven (37), thence southerly along One (1) of Lot Two (2) of Lot Three (3) of part of Mineral Lot Thirty- seven (37) to the northerly line of the Dubuque Cascade Road; thence southwesterly along the northerly line of the Dubuque Cascade Road to the southwesterly line of Lot One (1) of Lot Two (2) of Lot Four (4) in O'Connor's Subdivision; thence northerly along the westerly line of Lot One (1) of Lot Two (2) of I,ot Four (4) in O'Connor's subdi. vision to its intersection with the southerly line of Southern Avenue thence northeasterly along the southerlyline of Southern Avenue to the paint of beginning, present- ed and read. Councilman K o 1 b moved that the reading just ha bee considered the first readin of the Ordinance. Seconded b Mayor Welu. Carried by the fol lowing vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo, Schuel Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Schueller. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• d yeas -Mayor Welu, Council- g men Austin, Kolb, Russo, Schuell- y er. er. Nays -None. Council recessed at 9:40 p. m• and reconvened at 9:50 p. m. Notice of Claim of J. A. Welu in the amount of $13.60 for dam- ages that occurred to his automo- bile caused in striking a stop sign which was lying on the ground on Lincoln Avenue at Ann Street, pre- sented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for recommendation and report. Sec- onded by Councilman Kalb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. er. Nays - Nane. Notice of Claim of Glen H. Hicks in the amount of $62.21 for in- juries received by his Wife and al- so for damages io his automobile caused in striking a loose manhole cover at the inters^ction of Alpine Street and Univei:;ity Avenue, pre- sented and reaca. ~'ouncilman Russo moved that the notice of Claim be referred to the City Solicitor for recommendation and report. Sec- onded by Councilman Russo. Car- ried by the following vote: Nays -None. er. Nays -None. Councilman Kolb moved that the rules be suspended requir• ing an ordinance to be read on three separate days. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo, Schnell er. Nays -None. Original Notice of Suit of fore- closure of mortgage of Dubuque Bank and Trust Company, Plaintiff, vs. Donald W. Kress, Bernice E. Kress, Philip C. Stecher, City of Dubuque and Treasurer of Dubu- que County on the following de- scribed real estate, the south 33 feet of Lot 77 in L. H. Lang- worthy's Addition, together with all improvements thereon, present- ed and read. Councilman Russ o moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman w a~eW!~awno-ty~ ;,E: ~~ ,,~ cuk~s ..n ~ s. y .n q+r se,~(q„~<# ~~`~ksiu~?pr~'w~o-^~"!`?~P"-3~'wu i*~nSNA r i' Special Session, January 10th, 1951 27 26 Special Session, January 10th, 1951 Kolb. Carried by the following int rest soley a d only f oam the vote: Yeas -Mayor Welu, Council- future net earnings of the munici- men Austin, Kolb, Russo, Schuell- Pal water works plant and system of said City. er. Chapman and Cutler. Nays -None. Notice of Paul Lynch that the City of Dubuque have failed to maintain safe and proper streets in the City Limits of the City of Dubuque, presented and read. Councilman Kolb moved that the Notice be received and filed. Sec• onded by Councilman Russo. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• er. Nays -None. Law Offices of Chapman and Cutler Chicago, 3, Illinois January 4, 1951 We hereby certify that we have examined certified copy of the pro- ceedings of the City Council of the City of Dubuque, in Dubuque County, Iowa, passed preliminary to the issue by said City of its One and seven-eights per cent Wat- er Revenue Bonds to the amount of $100,000 dated December 1, 1950, denomination $1000, num• bered from 1 to 100, inclusive, due in numerical order $30,000 on De- cember 1, 1952, and $35,000 on December 1 of each of the years 1953 and 1954, but bonds number- ed 31 to 100, inclusive, are option- al for redemption prior to matur- ity on December 1, 1952, or on any interest payment date thereafter, and we are of the opinion that such poceedings show lawful au- thority for said issue under the laws of the State of Iowa now in force. We further certify that we have examined executed bond num- ber one and find the same in due form of law and in our opinion said issue,to the amount named, is valid and legally binding upon said City of Dubuque according to the import thereof, and said bands, together with such additional bonds as may be issued and out- standing from time to time on a parity therewith under the condi- tions prescribed in said proceed- ings, are and will continue to be Councilman Russo moved that the opinion of Chapman and Cutler be received and made a matter of record. Seconded by Councilman Kolb, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• er. Nays -None. Office of the Housing Expediter Washington 25, D. C. January 5, 1951 Mr. J. J. Shea City Clerk City of Dubuque Iowa Dear Mr. Shea: This will acknowledge receipt of your recent letter notifying me of the declaration made by the thatralshortagelof rental hour ng accomodations exists which re- quiresthe continuation of rent con• trol. We have examined the material submitted and find that this de- claration is in accordance with the provisions of Section 204 (f) (1) of the Housing and Rent Act of 1947, as amended. An amendment to the Rent Regulations has, therefore, been issued incorporating your community in the list of localities affected by declarations for con- tinuation of rent control a f t e r March 31, 1951. Sincerely yours, Tighe W. Woods Housing Expediter Mayor Welu moved that the communication be received and made a matter of record. Second- ed by Councilman Schueller. Car- ried by the fallowing vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• er. Nays -None. STATE OF IOWA IOWA STATE COMMERCE COMMISSION Des Moines, Iowa January 8, 1951 Crossing protection at 7th, Bch and 11th Streets in Dubuque, Iowa, C. G. W. - C. M. St. P. & P. Doc• ket No. A•5219 Mr. T. H. Nelson, City Solicitor City of Dubuque Dubuque, Iowa Bear Sir: We are in receipt of your letter cf December 20, 1950, relating to the above entitled subject. It has been considered and has been held that the provisions of Section 389.• 41, Code of Iowa, 1950, are applica- ble to all crossings within the li• mits of cities and towns. You un- derstand, of course, that t h e s e matters only come before this Commission after there is a con• troversy between parties. Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuell- er. Nays -None. January 9, 1951 Mr. J. J. Shea City Clerk City of Dubuque, Iowa Dear Mr. Shea: At the next meeting of the Du- buque City Council will you please inform the members that I will no longer be ble to serve as a mem- ber of the Playground and Recrea- tion Commission as I am leaving the city in February. I have appreciated the honor of this appointment by the City Coun- cil and have enjoyed serving on the commission. It is my sincere hope that the work of the com• mission will continue to progress contructively. Sincerely Grace Schneider This Commission does approve Mrs. F. J. Schneider the plans and specifications for protection of all street and high way crossings regardless of where located, It is in this manner that this matter comes before this Com• mission at this time. The two rail- road companies have filed royal with this Commission for app of a change in the control of the operation of the crossing signals at 7th, 8th and 11th Streets in Dubuque and have requested ap- proval of the project, In view of the fact that there is a disagreement between parties without apparent hope of arriving at an amicable agreement, the Commission has named Tuesday, February 13, 1951, at 9:30 o'clock A. M. at the Dubuque County Court House, Dubuque, Iowa, as time and place for hearing. We are advising all interested parties of the time and place for hearing. Very truly yours Geo. L. McCaughan, Secretary. Councilman Austin moved that the communication be received and made a matter of record and the City Manager and City Solicitor instructed to attend the hearing as representatives of the City of Du- buque, Seconded by Councilman Councilman Austin moved that the resignation be accepted and made a matter of record and that a letter of appreciation be sent to Mrs. Grace Schneider in recog• nition of services rendered as a member of the Playground and Recreation Commission. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None: Communication of Tighe E. Woods, Housing Expediter, sub- mitting for Council attention some of the important changes in the new federal rent control extension law, presented and read. Council- man Russo moved that the com- munication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. Communication of Peter H. Mc- Carthy with reference to the City Council calling a public meeting to discuss the matter of Washing- ton Park, also with reference to having the property along Fourth ~M..e.~:~a~b^+r~.,a,~.,.. ~, ., xw-...-y ., ~» ,-rm 4~?,•v4n'¢'+6 ~"rA+M"~:., ~...F= Zg Special Session, January 10th, 1951 Street Extension filled up at U. S. Government expense, and also with reference resented oandoread. City Manager, p Councilman Russo moved that the City Manager and City Solicitor be instructed to confer with the Board of Supervisors fourth C aim pose of securing a Q Deed to Washington Park, with- out cost to the City of Dubuque. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 10, 1951 The Honorable Mayor and City Council City Hall Dubuque, Iowa. Gentlemen: At the meeting of the Board of Directors of the Independent School District of Duburesolu on last night the following was adopted: RESOLUTION CONVEYING AN EASEMENT TO THE CITY OF DUBUQUE, IOWA, OVER PAR OF THE HIGH S C H 0 0 POSES ANDOTHETLAYING 0 A WATER MAIN, WHEREAS, the City o Dubuque, Iowa, is desirous o procuring an easement over par of the High School grounds fo the extension of Grandview Av nue over Rosedale Avenue an Avoca Street, and a specific eas ment over part of the High Scho grounds for the purpose of layi water mains, and Street from the westerly line of Vincent Street to its westerly terminus; the alley between Fran- cisco Street and Southview Ter- race from Alumni Street to Vin- cent Street; the alley first north of Rosedale Avenue abutting Lots 1 to 15 inclusive of Rosedabetween tion and the street lying Lots 13 and 14 of Rosedale Addi- tion and any other streets or alleys not enumerated and contained within the High School grounds, bounded on the north by West Locust and V n ntrSt eet,eon the the east by south by Rosedale Avenue, and on the west by Avoca Street, Now therefore BE IT RESOLVED that the In- dependent Schoiantandiconvey, Dubuque, Iowa, g unto the City of Dubuque, Iowa, an easement for street purposes in perpetuity Lot 1 of Part of Lot 1 of Lot 1 of Mineral Lot 179, Lot 2 of Lot 2 of Part of Lot 1 of Lot 1 of Mineral Lot 179 and Lot 2 of Part of Lot v of Mineral Lot 179A in the City of Dubuque, Iowa, and BE IT FURTHER RESOLVED, T that the Independent School Dis- L trict of Dubuque, Iowa grant and - convey, unto the City of Dubuque, F Iowa, a specific easement in lieu of a general easement over part f of the High School grounds, for f its water mains, and t r BE IT FURTHER RESOLVED, e- that the President and Secretary d of the Independent School District e' of Dubuque, Iowa, be and they of are hereby empowered and di- ng rected to sign the necessary docu- ments and papers, granting the WHEREAS, the Independent School District of Dubu Lot Ilwof is desirous of having which lot Rosedale Subdivisionof Dubuque, belongs to the City Iowa, and is also desirous of hav- ing the following streets and al• leys vacated: Alumni Street from West Locust Street to Southview Terrace; Southview Terrace from Alumni Street to Vincent Street; Francisco Street from Alumni Street to Vincent Street; the alley first south of West Locust City of Dubuque, Iowa, said ease- ments, when the City of Dubuque, Iowa, conveys title to the Inde- pendent School District o f Dubuque, Iowa, of Lot 1 of Rose- dale Addition and vacates the streets and alleys enumerated in the preamble hereof. Seconded and after due de- liberation the President put the question on the motion and the 29 Special Session, January 10th, 1951 roll being called, the following strutted to draw a warrant in voted: the amount of $50,00 in favor of Ayes: Messrs. Adams, Flucki- George Bogas to cover the amount ger, Gregory, Hardie, Higley, of refund granted on the unex- Landschulz, and Nachtman. pired portion of his Cigarette Per- mit No. 226. Seconded die follow- Nays: None. man Kolb. Carried by It was duly ordered that the i~ vote: resolution be adopted. ours, Yeas-Mayor Welu, Councilmen Very truly Y Austin, Kolb, Russo, Schueller. Alois A. Kaufmann Nays-None. Secretary Councilman Kolb moved that Petition of John Dempsey re- the communication be received questing a refund in the amount and made a matter of recredated. tionlof~ his Class uBexBeer Per- proper proceedings be P P Seconded by Councilman Austin. melon°becsuspe ded onotlie ,peti- Carried by the following vote: Yeas-Mayor Welu, Councilmen. tion pending determination of the charges being presented before the Austin, Kolb, Russo, Schueller. Grand Jury. Seconded by Mayor Nays-None. Welu. Carried by the following Petition of Walter A. Kunnert voYeas-Mayor Welu, Councilmen and others, residents~oatAltashleet Austin, Kolb, Russo, Schueller, Street, requesting light be installed on Alta Vista Nay~None. Street between the existing petition of John Dempsey re• street light at Kirkwood and Alta uesting a refund in the amount of Vista Streets and the existing q street light nearesent d andaread. h2s Cigarette Permit No.p2861as he Loras College, p has discontinued business on Jan- Councilman Kolb moved that the uary 8 1951, presented and read. petition be referred to the City Mayor Welu moved that the req- Manager and Electrical Inspector uest be granted and the City Aud- for recommendation and report. for instructed to draw a warrant Seconded by Councilman Austin. Carried by the following vote: in the amount of $25.00 in favor Yeas-Mayor Welu, Councilmen of John Dempsey to cover the Austin, Kolb, Russo, Schueller. amount of refund granted on the unexpired portion of his Cigarette Nays-None. permit No. 286. Seconded by Coun- Petition of the Dubuque County Gilman Schueller. Carried by the Society for Crippled Shildren and following vote: Adults requesting permission to yeas -Mayor Welu, Council- hold aLily Tag Day on Friday men Austin, Kolb, Russo, Schuel- evening, March 16 and Saturday ler. March 17, 1951, presented and Nays -None. read. C°uncilman Russo moved petition of Dubuque County that the request be granted, PTO' Chapter of the National Founda- viding there are n MayorflWelu. tion for Infantile Paralysis request- dates, Seconded by Carried by tike following vote: ing permission to sponsor a street Yeas-Mayor Welu, Councilmen collection on Saturday, January 29 Austin, Kolb, Russo, Schueller. 1951, in connection with the Dubu- que County Polio Drive, presented Nays-None. Petition of George Bogas re- and read. Councilman Kolb moved questing a refund in the amount that the request be granted pro- of $50.00 on the unexpired por- viding there are no conflicting tion of his Cigarette Permit No. dates. Seconded by Mayor Welu. 226, as he has discontinued busi- Carried by the following vote: ness on December 6, 1950, pre- Yeas -Mayor Welu, Council- sented and read. Councilman men Austin, Kolb Russo, Schuel- Russo moved that the request be ler. None. granted and the City Auditor in- Nays - k, tl~°'~~`MF'Y"dPPoY! w •~ y ,f v*-~A+r r ~. a~ n t X x ~,• ~s a ^~tiPdWk'~ fi'4^a7^~v'F r r- pa ~ ~. 30 Special Session, January 10th, 1951 Petition of Tom J. Cody and others in the interest of Ray Savory, who was recently discharg- ed as Parking Meter Maintenance Man, and asking that he be re- stored to his job, presented and read. Councilman Austin moved that the petition be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Communications and petitions of Ivyl M. Adams, Anna B. Lowther, Lucille L. Cooley, Janet V. Hauptli, Dubuque Woman's Club, Dubuque Council of Parent-Teacher Associa- tion, Chapter 1K of P. E. 0. Wo- mens' Society of Christian Service of St. Lukes Church, Dubuque County Conservation Society pro- testing to the use of Washington Park as a parking lot, presented and read. Councilman Schueller moved that action be deferred on the communications and petitions until a report is received from the Park Board. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Nays -None. Ordinance No, 1.51. An Ordi- nance amending Ordinance No. 33.49. being an Ordinance known as "The Traffic Code of the City of Dubuque" by repealing Sche- dules II and III thereof and en- acting substitutes therefor and providing a penalty fora viola- tion thereof, said ordinance having passed upon first reading on Janu- ary 2nd, 1951 and ordered placed on fIle with the City Clerk for public inspection for a least one week before its final adoption, was presented for final adoption. ORDINANCE NO. 1.51 An Ordinance amending Ordinance No. 33-49 being an Ordinance known as "The Traffic Code of the City of Dubuque" by repealing Schedules II and III thereof and enacting sub- stitutes therefor and providing a penalty for a violation thereof. Be It Ordained by the City Council of the City of Dubuque: Section 1. That Ordinance No. 33-49 be and the same is hereby amended by striking out Schedule II thereof and substituting therefor the follow- ing: SCHEDULE II In accordance with the provisions of Section 12.3 and when signs are erected giving notice thereof, drivers of vehicles shall stop at every inter- section before entering any aP the following streets which are desig- nated as through streets: A. Jackson Street from the north line of East 12th Street to the north line of East 32nd Street; B. Central Avenue Prom the north line of 4th Street to the Northerly terminus of said Avenue; C. Rockdale Road from its south- erly terminus at the city limits north to its Junction with South Locust Street, South Locust Street north to Locust Street north to thesnorth one of West 17th Street. D. Elm Street from the south line of East 12th Street to the south line of East 20th Street; E. East 20th Street from [he east property line of Central Avenues to the east line of Elm Street; thence on Rhomberg Avenue to the west approach oY the Dubuque-Wisconsin Bridge; F. East 14th Street from the west line of Elm Street to the east line of Central Avenue; G. Loral Boulevard from the west Tine of Central Avenue to the north property line oY University Avenue; H. East 12th Street from the east east line orf CentrallAvenueet to the 1.-West 12th Street from the west line of Central Avenue to the east line of Locust Street; thence Prom the west line of Locust Street to the west property line of Grove Terrace; thence north on Grove Terrace to the north line of Arlington Street; thence west on Arlington Street to the west line of Highland Place; J. Eighth Avenue from the west line of Central Avenue to the ex- tension of the west line o4 Hill Street; K. University Avenue from the rorth Property Line of 8th Avenue to its westerly terminus at the City limits; L. Hill Street from the extgnsian of the south line of 8th Avenue to the north property line of West 3rd Street; M. West 5th Street from the east property line of Wilson Avenue to the west Ime of College Street; N. West 3rd Street from the west property line of Hill Street to the east line of North Graandview Ave- nue; 0. Dodge Street from the west Ilne of Locust Street to its westerly ter- minus at the City limits; P. 4th Street from the east line of Centro] Avenue to the east line of Locust Street; Q. North and South Grandview Avenue from the south property line of Delhi Street to the north and west line of the Rockdale Road; thence from the south and east fns of the Rockdale Road to its easterly terminus; R. Windsor Avenue from the north thepsouthhproperyhline of Davis Ave nue; S. Main Street from the south line of Jones Street to the north line of West Seventeenth Street. Section 2. That Ordinance No. 33-49 be and the same is hereby amended by striking out Schedule III thereof and substituting in its place the fol- . lowing: Special Session, January 10th, 1951 31 SCHEDULE III In accordance with Section ]2.9 the tersectnona and whena signssaretoerect- ed giving notice thereof, drivers of vehicles shall stop before entering said intersections from directions in- dicated: A. Eastbound and westbound ve- hicles must atop before entering: Iowa Street at West Seventh Street; Iowa Street at West Ninth Street; Washington Street at East 70th Street; Elm Street at East 29th Street. B. Northbound and southbound ve- hicles must stop before entering: Rosedale Avenue at Avoca Street; East 21st Street at Washington Street; East 21st Street at Elm Street; Fourth Street at White Street. C. Westbound vehicles must stop before entering: Bluff Street at West Third Street. Section 3. That all Ordinances or with are hereby repealedonflict here- Section 9. That this Ordinance shall become effective ten (10) days after its final passage, adoption and publication as provided by Law. Passed upon first reading this 2nd day of January, 1951. Passed, adopted and approved upon final reading this 10th day of Janu- ary, 1951. CLARENCE P. WELU, Mayor ROMOLO N. RUSSO, RAY KOLB RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 15th day of January, 1951. J. J. SHEA, It Jan. 15 City Clerk. Councilman Kolb moved the adoption of the ordinance. Secon~ ded by Councilman Russo. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. ORDINANCE N0. 351 An Ordinance for the vacation of parts of Alumni Place, 5outh- view Terrace, Francisco Street, a certain Unnamed Street, the alley lying between West Locust Street and Francisco Street and South- ~ view Terrace, the alley first north- erly of Rosadale Avenue, all in the City of Dubuque, Iowa, and providing for the conveyance there- ' of to the abutting property own- ers, presented and read. Council- man Kolb moved that the reading just had be considered the first reading of the ordinance. Seeon- ded by Mayor Welu. Carried by the following vote: , Yeas-Mayor Welu, Councilme Austin, Kolb, Russo, Schueller. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Austin. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-none. Council Proceedings for the month of June, 1950 presented for approval. Mayor Welu moved that the Council Proceedings for the month of June, 1950 be approved as printed. Secoonded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. January 5, 1951. Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council of the City of Dubuque, Iowa held on December 5, 1950 the following resolution was adopted: That the communication of the Road Safety Car Association, Des Moines, Iowa, through its Presi- dent John Hetherington challeng- ing steam of eight young men between the ages of 17 and 25 to a safe driving contest be re- ferred to the Chief of Police for proper action I have referred the matter to the Dubuque Safety Council who will sponser the contest in co- operation with a local service or- ganization. Respectfully yours, Jos. H. Strub, Chief of Police. n Councilman Austin moved that the communication of Chief of Police Strub be received and made e +^.. , ~ ,r[ n I' v law`9f„i`MeY'~'fi~1~`~°~/~,^,~„~i 32 Special Session, January 10th, 1951 a matter of record, Seconded by Councilman Kolb, Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kalb, Russo, Schueller, Nays-None. January 5, 1951. Honorable Mayor and Members of the City Council, Dubuque, Iowa, Gentlemen: At a session of the City Council of the City of Dubuque, Iowa, held January 2, 1951 the following mo- ~ tion was adopted: That the petition of the Dubuque Safety Council asking the Council to cause an investigation and study made of traffic conditions o n South Algona Street from High- way 20 north to University Ave- nue, as this street has become hazardous due to traffic going to and from the highway and using it as a short cut to West Dubuque, ~ be referred to the Chief of Po- ~ lice for recommendation and re- port. ~ This street and its conditions are very familiar to the under- ' signed. Algona street is carrying a much larger load of vehicular traffic than the side streets, and particularily so since the develop• ment in and around St. Josephs Street. Visibility is very poor at all the intersecting streets. It is my recommendation that '~ Algona Street be made a through street from the intersection of University Avenue to St. Joseph Street. Respectfully yours, Jos. H. Strub, Chief of Police. ~ 'i Mayor Welu moved that the re- ' commendation of Chief of Police Strub be accepted and proper proceedings ordered prepared. Se- conded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. January 4, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Re: Al Rogan Holder of Class B Beer Permi No. 101 Expiring October 10, 1951 Please be advised that on this 4th dKy of January, 1951 the above named Class B Beer Permit holder was ~:onvicted in the Police Court of the City of Dubuque, Iowa, on charges of violating City Beer Gi~dinances, 1435 section B6 and 9.35 section 24 Par. 512, namely seising beer to juveniles and hav- ing liquor on the premises of greater alcoholic content than 4.2 beer. Because of the above violations and convictions thereof it is re- commended that the Class "B" Beer Permit No. 101 issued to Al Rogan be revoked forthwith, Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Russo moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Austin Carried by the following vote: Yeas-Mayor Welu Councilmen Austin, Kolb, Russo, Schueller. Nays-None. RESOLUTION NO. 11.51. Whereas, this Council on the 2nd day of October, 1950, caused to be issued a Class "B" Beer Permit bearing the Number 101 to Al. Rogan, operating a tavern at 400 Iowa Street in the City of Dubuque: and Whereas, it has come to the attention of this Council that the owner and holder of said permit has conducted his place of business in a disorderly manner and other- wise in violation of law: Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 101 heretofore issued to A1. Rogan, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation. Passed, adopted and approved this 10th day of January, 1951, CLARENCE P. WELU, Mayor ROMOLO N, RUSSO RAY KOLB, RUBEN V. AUSTIN LEO N. SCHUELLER, t Councilmen Attest: J, J. Shea City Clerk Special Session, January 10th, 1951 33 Councilman Russo moved the adoption of the resolution. Secon- ded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. Jan. 8, 1951 Honorable Mayor and City Council City of Dubuque Gentlemen: The claim of Michael Setticasi has been referred to this office for investigation and report. On the evening of December 7, 1950 Mr. Setticasi was driving west on Univeristy when one wheel of his car dropped into an open manhole in the street near Alpine. Con- siderable damage was done to the axle and wheel and he has agreed to accept $42.24 in full settlement of his damages. Upon investigation it appears that the cover on this manhole has been the source of considerable difficulty to the Street Department as it is easily knocked off when snow or other foreign matter lod- ges under the rim. It has since been replaced with a more secure type. Mr. Setticasi's father Barney Setticasi is the owner of the car and I recommend that this claim be allowed in the amount of $42.24 and that a warrant be issued payable to Michael Setti- Iasi and Barney Setticase in that amount and delivered upon receipt of their properly executed release. Respectfully T. H. Nelson City Solicitor Councilman Russo moved that the recommendation of City Soli- citor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $42.24 in favor of Michael Setticasi and Barney Setticasi, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- . erly executed release. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. January 10, 1951 Honorable Mayor and City Council of the City of Dubuque. Gentlemen: The communication of the League of Women Voters dated Septem- ber 9th, 1950 and requesting com• nilation of the City Ordinances has been referred to this office for recommendation and report. After investigation of the matter and discussing the same with re- presentatives of the City Adminis- trative offices, the Dubuque Coun- ty Bar Association and the League of. Women Voters I feel that a compilation of all the current Or- dinances into one volume is de• sirable. In their present form any of the Ordinances is really avail- able but since they are in dif ferent volumes it is some times difficult to corelate the various amendments. While this office does not seek additional work, the experience of ether municipalities indicates that the compilation of the Ordinances should be done under the super- vision of the City Solicitor. Since a great part of the work is clerical it will be necessary for me to employ stenographic assistance to do this work. It is therfore re- commended that the budget and appropriations for the fiscal year 1951-2 include an item of three thousand dollars for the City Soli- citor's office to defray the cost of clerical assistance, and equipment and supplies necessary to the com- pilation of the City Ordinances. It has also become apparent that when this compilation is completed it will reveal a necessity for a revision of many of the current Or- dinances to conform them to mod- ern conditions. At the proper time it is recommended that the Council resolve itself into a committee on the whole to study such specific recommendations for revision as may be made by this office as the work progresss. The above estimate of three thousand dollars does not include the cost of printing. No estimate of the printing costs can be had Special Session, January 10th, 1951 35 34 Special Session, January 10th, 1951 until the size of the work is more definitely established. Respectfully T. H. Nelson City Solicitor. Councilman Austin moved that the recommendation of City Soli- citor Nelson be approved and pro per provisions be • made in the budget appropriation as recom- mended. Seconded by Councilman Schueller Carried by the fallowing vote: yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays-None. January 10, 1951 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: At the meeting of the Play- ground and Recreation Commis• stun held Thursday January 4, ].951, a discussion was had on the subject of better ways and means of providing for the leisure time of our citizens. At the conclusion of this discussion the following motion was unanimously adopted: "That a letter be sent to the City Council suggesting that the Playground and Recreation Com- mission and the Park Board be consolidated in order to more ef- fectively carry out the Park and Recreation programs to the end that the public needs and desires be better served." It is realized that certain legal aspects of this proposal will re- quire study and other practical and budgetary considerations must be taken into account. your Honorable Body is respectfully pe- titioned to give this matter your attention since it is the feeling of the Recreation Commission that it will be in the best interests cf the city and be for the better- ment of the citizenry. Respectfully submitted, by order of Playground and Recreation Com- mkission By N. J. Sutton Councilman Austin moved thai the- .communication be received and made a matter of record and referred to a meeting of the City Council and Park Board and that City Solicitor Nelson and Recrea- tional Director Sutton be invited to be present. Seconded by Coun• cuman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo,. Schueller. Nays-None. January 10, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Herewith submitted is a letter to the effect that the Salvation Army will sell the North'h of City Lot 206 for $12,000.00. The formal offer is now in the process of transmission. T recommend that the Council authorize the purchase for parking lot purposes and direct the expen- diture of the purchase price of $12,000.00 upon presentation to the city of an abstract of title showing title in the Salvation Army and a warranty deed convey- ing such title to the City of Du- buque. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Kolb moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Austin. Carried by the following vote: yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays -None. January 10, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: To complete the acquisition of land for off-street parking in the half block fronting on Iowa Street between 9th and 10th streets, it is necessary to obtain the South 48 feet 3 inches of City Lot 205, own- ed by Magdalena P. Millin. The offer of the city to buy the pre- mises on the same basis as the other properties has been refused by the owner. Since negotiations have failed, I recommened that Condemnation v ~, proceedings be instituted to ac- quire the property. Respectfully submitted, A, A. Rhomberg, City Manager. Councilman Russo moved that the recommendation of City Man- ager Rhomberg be approved. Sec• onded by Mayor Welu. Carried by the following vote: yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuell- er. Nays -None. January 10, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions, a survey of the property in the vici- nity of the Fourth Street Ball Park has been made and an estimate computed of the cost of land ac- quisition, the cost of filling the area to the level of Fourth Street Extension and of the cost of gravel surfacing. man Russo, Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell• er. Nays - None. Dubuque Chamber of Commerce Dubuque, Iowa December 20, 1950 To the Honorable Mayor and City Council Dubuque, Iowa Dear Sirs: The following Recommendation is submitted for your consideration by the Dubuque Junior Chamber of Commerce who are vitally in- terested in seeing that the general traffic problems of our town are held to a minimum. Therefore, in the interests of a well regulated traffic pattern and in the interest of modernizing our town's traffic scheme, we hereby submit a plan that we believe to be highly ac- ceptable and could be considered for immediate installation. This recommendation is as fol- Attached is the report of the lows: city engineer on the subject with a plat of the survey of the area. Respectfully submitted, A. A. Rhomberg City Engineer Councilman Kolb moved that the report be accepted by the City Council and be considered along with other sites for a proposed stadium and that the portion of the report with reference to the filling of low areas be referred to the Council for consideration by way of abatement of existing nuis- ances. Seconded by Councilman Austin. Carried by the following vote: yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays.- None. Application of Kenneth J. Demp- sey for a Class "B" Beer Permit to be located at 469 Main Street, presented and read. Mayor Welu moved that action be deferred on the application pending further in- vestigation. Seconded by Council• a) This plan, as shown in the attached sketch, could be a rec- tangular pattern bounded by 4th street on the south, 12th street on the north, Locust Street on the west, and Central Avenue on the east, on which one-way traffic only is permitted. b) With this rectangular pattern the south bound traffic would be limited to one-way travel from a point starting at the corner of Central and 12th Street. This south bound traffic would move west on 12th, turning the corner at 12th and Locust and continuing on Locust to a point where two- way traffic would again be permit- ted at 4th and Locust. Likewise, north bound traffic would be divid- ed into one-way travel at the cor- ner of 4th grid Locust and be com- pelled to travel east on 4th to Central Avenue and, at that point, to travel straight north on Central to the corner of 12th and Central where twaway traffic would be continued. c) All other streets and avenues within or entering into this rec- ~. ~ , .,.,y.rx w• ~,.kp?"1_. + M'!`~ 9 ^.. r~..t. f•v iW ~?+'~}"~,'~t.~Yy, '~"it-.'~r"'~'~YP~'. 36 Special Session, January 10th, 1951 tangle would not be changed. In other words, two-way traffic would be permitted. d) Equipment required would be limited to a stop light at the cor- ner of 12th and Locust as the other three corners of this retangle have already been furnished with same. Signs indicating one-way travel would have to be provided for all intersections coming into or going out of the rectangle as prescribed. v;e will be glad to comply. Also, should this plan be adopted it is the opinion of the Junior Chamber of Commerce that we would help publicize and administer this plan should you require our assistance. Respectively submitted and hop- ing for an early reply, I remain Sincerely yours Dubuque Junior Chamber of Commerca R. L. Hasselquist President. Advantages: a) Would permit a speedy en- trance or exit for all local travel taming into or going out of the Fusiness district. b) Would provide excellent tra-. vel for transient or tourist cars go_ ing north or south on routes 151, 52, or 61. c) Would relieve traffic during congested hours because with one- way travel three lines of moving cars is possible. d) The parking space as now pro- vided will not be interrupted far parking on both sides of the street is still in order, However, both lines of parked cars would be fac- ing the same direction. e) The waiting tme for cars try- ing to enter or cross Locust Street or Central Avenue would be elr~ urinated with one-way travel. One only waits for the traffic from his right to pass before crossing these main streets or can enter travel on either of these main streets by merely making a left turn and proceeding with the line of cars already in motion. This one-way scheme, as we all know, is not new for it is used in our surrounding towns such as Waterloo, Cedar Rapids, M o l i n e, Rockford, and larger towns which adopted it first. Geographically, Dubuque needs this type travel more than any city for being bounded on the east by industry, and on the west by a bluff, the through traffic is limited to a few streets, The Dubuque Junior Chamber of Commerce aslc that you discuss this situation thor oughly and should you need infor- mation regarding any part of it Councilman Austin moved that the communicatin be received and made a matter of record and the plan placed on file and that the various suggestions presented in the communication be forwarded to the Dubuque Safety Council for their consideration. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller Nays -None. Mr. Leonard Roussell addressed the Council and submitted a plan with reference to traffic problems and parking problems and suggest- ed that one-way travel be permit- ted on alternate streets between Bluff Street and Central Avenue from 4th Street to 12th Street, also suggesting that the sidewalk space on said streets be narrowed 33'z feet on both sides in order to permit both diagonal and parallel parking of cars. Councilman Austin moved that the plan be placed on file that the various suggestions presented by Mr, Leonard Roussell be forwarded to the Dubuque Safety Council for their considera- tion Seconded by Councilman Schueller. Carried by the follow- ing vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuell- er. Nays -None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Special Session, January 10th, 1951 Kolb. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuell- er. Nays-None. J. J. Shea City Clerk. Approved ...........•••.... 1951 Adopted ....••••~ ~••••••• 1951 37 38 Special Session, January 22, 1951 City Council (OFFICIAL) Special Session, January 22nd,1951 Council met at 7,30 P. M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. City Manager Rhomberg. Meeting called by order of Coun- cilmen Russo and Kolb. Mayor Welu read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adoption Ordinance No. 2.51, an ordinance changing the zoning classification of an area on the southerly side of Southern Avenue to "Light Indus- trial District" classification, also for considering for final adoption Ordinance No. 3.51, an ordinance vacating certain streets and parts of streets and alleys abutting the Senior High School property and acting on any other business as may properly come before a re- gular meeting of the City Council. Notice of Claim of Rose Rous- sell in the amount of $5,000.00 for injuries received in a fall on a de- fective sidewalk at or near the Northwest corner of the intersec- tion of Sixth and Main Streets in front of the establishment known as "The Coney resenteduand"read. Main Street, p Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investi- gation and report. Seconded by Mayor Welu. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, 5chuel- ler. Nays-None. Notice of Claim of Mrs. Alice B. Fenton in the amount of $25.00 for injuries received in a fall on a defective sidewalk on Fifteenth Street near the alley back of the Central School due to a raised place in the walk caused by tree roots, presented and read. Councilman Russo moved that the Notice of Claim be referred to the City Solicitor for investi~ gation and report. Seconded by Mayor Welu, Carried by the follow- ing vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Original Notice of Suit of Mrs. Anna Link, Plaintiff, VS.rn itythe Dubuque, Defendant, amount of $10,000,00 and costs of this action for injuries received in a fall on an icy sidewalk on the west side of Central Avenue in front of the premises known as 2997 Central Avenue, presented and read. Mayor Welu moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. January 11, 1951 City of Dubuque Dubuque, Iowa Gentlemen: U. S. G. Co. Bon Coal Company lg - Thos, Flynn in favor of City of Dubuque, Du- buque, Iowa - $37,903.00 Con- tract Bond for construction of a reinforced concrete lift station, vit- rified the trunk line sewer, cast iron force main and vitrified the overflow line to serve the Simp- son-Coates Street sewer district - Contract Price $49,204.00. The United States Guarantee Company, as Surety, executed ef- fective September 15, 1950 on be- half of Thos. Flynn Coal Company, in favor of City of Dubuque, Du- buque, Iowa, the contract bond de• scribed above. We have now been informed that the City of Dubuque, Dubu- que, Iowa has granted the Thos. Flynn Coal Company a ninetyday extension of the completion date of work covered by the abrovaland subject, of course, to app acceptance by the bonding Com- pany. This letter will serve as the consent of the United States Guarantee Company to a ninety day extension of the completion a +''' F; .. Vii: ~'~ Special Session, January 22, 1951 39 date of work covered by the above bond. Yours very truly, United States Guarantee Company By Trevor G. Roberts, Councilman Austin moved that the communication be received and made a matter of record. Se- conded by Councilman 5chueller. Carried by the following vote: yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Communication of The United States Conference of Mayors ask- ing Council to advise if they wish the Conference to continue for- warding bulletins which deal not only with civil defense but with the important matter of securing priorities for cities and asking the City of Dubuque to become af- filiated with the Conference, pre- sented and read. Councilman Austin moved that the City of Dubuque be author- ized to subscribC uncilm1anSeKolb. Seconded by vote: Carried by the following Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays -None. Communication of The United States Conference of Mayors sub- mitting acopy of Federal High- way and Street Program Regula- tions, presented and read. Councilman Russo moved tha the communication be receive and filed. Seconded by Councilma Kolb. Carried by the followin vote: Yeas -Mayor Welu, Council men Austin, Kolb, Russo, Schuel ler Nays -None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Safety Council ap- preciates the trust you have put in it. We have tried to fulfill this trust to the best of our ability. The Executive Board of the Safety Council, 19 members, met at noon on January 11th, 1951 and gave full consideration to the pro- posals put before the City Coun- cil and referred to us. All mem- bers agreed unanimously that the City Council is beng put in a bad position by the citizens of Dubuque who have proposals to present. Many times these proposals are controversial in nature and it is impossible to properly weigh and consider these matters in council assembled. The members of the Safety Council also felt that mush valuable time of the City Council is being spent listening to these proposals. We feel that the inter- ests of Dubuque as a whole would be best served by the appointment of a traffic commission to hold hearings, bring forth recommenda- tions to ways and means of im- proving traffic conditions and the administration of an enforcement of traffic regulations. The Execu- tive Board of the Dubuque Safety Council also felt that it would be for the best interests of the city if your honorable body established, by ordinance a traffic division t within the police department and d also determined definitely the traf- n fic engineering responsibilities for g the city. Therefore we wish to place the - following recommendations before you for your consideration: 1. That the City Council adopt ended Administrative Communication of The United States Conference of Mayors sub- mitting acopy of Federal Control Order an Construction, presented and read. Councilman Russo moved that the communication be received and filed, Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. the recomm section of the Model Traffic Ordi- nance as recommended by all groups interested in traffic and traffic safety. We recommend that this section be adapted as much as possible. 2. The Executive Board of the Dubuque Safety Council also rec- ommend to your honorable body that no angle parking be allowed on any of the streets of this city which are under fifty (50)' feet in width from curb to curb. We feel Special Session, January 22, 1951 41 ~~ ' ~~ i '~ I 9I ~I i I: °' 40 Special Session, January 22, 1951 - this is necessary because of the s hazards involved when vehicles leave their parking places and that r congestion of traffic would result t by the parking of vehicles or vehi- cles leaving their parking places. 3, The Executive Board of the Dubuque Safety Council also feel that the recommendation made in a recent survey be followed. That, at the present time, there is no particular need for one way streets in Dubuque. We believe that we would be imposing on the Iowa Highway Commission if we re- quested another change in our highways through the city so soon after a previous request had been granted. The City's standing with this Commission is now excellent and we would not like to see this relationship jeopardized. 4. The Executive Board of the Duuque Safety Council also feels that much of our problem in re- gard to congestion in the business district would be relieved if suffi- cient off street parking would be made available. We believe .that much of our congeston in our downtown areas is due to drivers looking for parking places, and we wish to commend the City Coun- cil for the efforts they are making to relieve this situation and we hope they will continue with their efforts. Hoping that this meets with your approval, I remain, Yours in Safety, H. C. Holloway, President, Dubuque Safety Council. Councilman Austin moved that the communication be received and made a matter of record. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo Schuel- ler. Nays -None. Petition of MrA."Lucile Peschong, by Mrs. Charles Holmes, with ref- erence to the building located at the corner of North Algona Street and Hale Street, which building, according to a recent improve- ment survey, extends several feet onto city property and requesting that consideration be given to ex- tending the private property line o that the present structure is within the lot limits, presented and ead. Councilman Russo moved hat the petition be referred to the Council to view the grounds. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schueller. Nays -None. Petition of Leonard L. Robinson and others, residents of Wartburg Place, requesting that a street light be placed approximately half-way between the one directly in front of Wartburg Seminary and the oth- er near 491 Wartburg Place, pre- sented and read. Mayor Welu mov- ed that the petition be referred to the City Manager and Electrical In- spector for recommendation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of the American Legion Auxiliary requesting permission to sponsor their Annual Poppy Drive on Friday evening May 25th and all day Saturday, May 26th, 1951, presented and read. Councilman Kolb moved tht the request be granted providing there there are no conflicting dates. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of John J. Weber re- questing the Council to rezone Lot 1 of Lot 1 of City Lot 694 and East 226' 5" of City Lot 697 from "Local Business Classification" to "Business Classification", present- ed and read. Mayor Welu moved that the petition be referred to the Planning and Zoning Commission for recommendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. ,..:: January 17, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Sirs: The undersigned, Robert J. O'Brien, a member of the Police Department, City of Dubuque, do hereby request an indefinite leave of absence from 6 ai1951.p On that as of February date I will be called to active duty with the United States Marine Corps. I have enclosed one copy of my orders. Respectfully, Robert J. O'Brien. Councilman Kolb moved that the request be granted and made a matter of record. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Gregory W. Corken and others, residents and prospec- tive residents of Glenview Subdi- vision, requesting the installation of street lights at the ends of Fox Drive and Blackhawk Drive, pre- sented and read. Mayor Welu mov- ed that the petition be referred to the City Manager and Electrical Inspector for recommendation and report. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. Petition of George Saffron re- questing aninety day extension of time for the completion of his con tract for the Simpson-Coate Streets sanitary sewer project, pre rented and read. Councilman Russ moved that the request be grante providing the consent of the bond ing company is secured. Seconde by Councilman Kolb. Carried b the following vote: Yeas - Mayor Welu, Counci men Austin, Kolb, Russo, Schue ler. Nays -None. Petition of Dubuque Fire Figh err Association requesting a wag increase of $25.00 per month f each member of the department in eluding the Fire Chief, presented and read. Councilman Kolb moved that the petition be referred to the Council for consideration at the time the budget is being pre- pared. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of City Employees Lo- ca1228 requesting a wage increase of $25.00 per month to be effec- tive April 1st, 1951, presented and read, Councilman Kolb moved that the petition be referred to the Council for consideration at the time the budget is being prepared, Seconded by Councilman Schuel- ler. Carried by the following vote: yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Petition of Charles J. Murphy, submitting offer in the amount of $75.00 as purchase price for that part of Lot 1 of Mineral Lot 37 and that part of Lot 2 of Mineral Lot 37 lying west of the Dubuque Cascade highway, presented a n d read, Mayor Welu moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None, Ordinance No, 2.51. An Or- dinance amending and changing the Zoning Map of the City of Du- - buque as provided by Ordinance s No. 3.34, designated "Zoning Ordi- • nonce of the City of Dubuque", so o as to change the zoning ciassifica- d lion of the following described - area from its present classification d to "Light Industrial District" Y classification, to wit: On the south- erly side of Southern Avenue, to 1- include all of that area bounded 1- by the following: Beginning at a point on the northwesterly corner of Lot one (1) of Lot Two (2) of t- Lot Three (3) of part of Mineral e Lot Thirty-Seven (37), t h e n c e or lottlline of Lot Onee(1) of LottTwo ~,. ,.. .. .n,. .«..~~~~~, 42 Special Session, January 22, 1951 (2) of Lot Three (3) of part of Mineral Lot Thirty-Seven (37) to the northerly line of the Dubuque Cascade Road; thence southwester- ly along the northerly line of the Dubuque Cascade Road to the southwesterly line of Lot One (1) of Lot Two (2) of Lot Four (4) in O'Connor's Subdivision; Thence northerly along the westerly line of Lot ~ One (1) of Lat Twa (2) of Lot Four (4) in O'Connor's Subdivi- sion to its intersections with the southerly line of Southern Avenue; thence northeasterly along the southerly line of Southern Avenue to the point of beginning, s a i d ordinance having been passed upon first reading on January 10th, 1951 and ordered placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 2.51 An Ordinance amending and changing the zoning map cf the City aY Du- buque as provided by Ordinance No. 3-34 designated "Zoning Ordi- nance o>< the City of Dubuque," so as to change the zoning classifica- tion of the following described area from its present classification to "Light Industrial District" classi- fication, to wit: On the southerly side of Southern Avenue, to include all of that area bounded by the following: beginning at a Doint nn the northwesterly cor- ner of Lot One (1) of Lat 'Cwo ,2) of Lot Three (3) of part of Mineral Lot Thirty-seven (37), thence south- erly along the northeasterly lot line of Lot One (1) of Lot Two (2) of Lot Three (3) of part of Mineral Lot Thirty-seven (37) to the northerly line of the Dubuque Cascade Road; thence southwesterly along the northerly line of the Dubuque Cascade Road to the southwesterly line of Lot One (1) oP Lot Two (2) of Lot Four (4) in O'Connor's Subdivision; thence northerly along the westerly line of Lot One (1) of Lot Two (2) of Lot Four (4) in O'Connor's Subdivision to its intersections with the southerly line of Southern Avenue; thenre northeasterly along the southerly line of Southern Avenue to the point of beginning. Whereas it is deemed advisable hY the City Council to amend the Zoning map oP the City aP Dubuque so as to change the present zoning classifica- tion of the above described territory in the City of Dubuque; and Whereas notice of such proposed change has been published as provided by law and an opportunity afforded to any and an interested parties and citizens to object thereto at a pub- lic meeting held at 7:30 o'clock p.m. on the 10th day of January, 1951, ;n the Council Chambers in the City Hall; and Whereas no objections have been filed ar made to the proposed change; Now therefore, Be It Ordained by the City Council of the Clty of Du- buque: Section I. That the Zoning Map and Zoning Ordinance of the City of Dubuque be and the same 1a hereby amended and changed as follows: The area described as follows: On the southerly aide of Southern Ave- nue, to include all of that area bounded by the following: beginning at a paint on the northwesterly cor- ner of Lot One (1) of Lot Two 12) of Lot Three (3) o[ part of Mineral Lot Thirty-seven (37), thence south- oPlyLotoOne h(1)n of hLott Tlwoio(2)]~ot Lot Three (3) of part of Miners] Lot Thirty-seven (37) to the northerly line oP the Dubuque Cascade Road; thence southwesterly along the northerly line of the Dubuque Cascade Road to the southwesterly line oP Lot One (1) of Lot Two (2) of Lot. Four (4) in O'Connor's Subdivision; thence north- erly along the westerly line of Lot One (1) of Lot Two (2) of Lot Four (4) in O'Connor's Subdivision tc its intersections with the southerly ,ine oP Southern Avenue; thence north- easterly along the southerly line of Southern Avenue to the point of be- ginning, is hereby changed from its present "Local Business District" classification to "Light Industrial District' classification. Section II. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as provided by law. Passed upon first reading this 10th day oP January, 1951, Passed, adopted and approved upon final reading this 22nd day of Janu- ary, 1951. CLARENCE P, WELU, Mayor ROMOLO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER Councilmen Attest: J. J. SHEA, City Clerk Published officially in The Tele- graph-Herald newspaper this 25th day of January, 1951. J. J. SHEA, It Jan 25 City Clerk. Councilman Kolb moved the adoption of the ordinance. Second- ed by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. Ordinance No. 3-51. An Ordi• Hance for the vacation of parts of Alumni Place, Southview Terrace, Francisco Street, a certain Unnam- ed Street, the Alley lying between West Locust Street and Francisco Street and Southview Terrace, the alley first northerly of Rosedale Avenue, all in the City of Dubuque Iowa, and providing for the convey- ance thereof to the abutting pro perty owners, said ordinance hav- ing been passed upon first read• ing on January 10th, 1951 and or- dered placed on file with the City Clerk for public inspection for at Special Session, January 22, 1951 43 least one week before its final adop- tion, was presented for final a- doption. ORDINANCE N0. 3.51 An Ordinance for the vacation of parts of Alumni Place, Southview Terrace, Francisco Street, a certain Unnamed Street the alley lying between West l',ocust Street and Francisco Street and Seuthview Ter- race, the alley first northerly of Rosedale Avenue, all in the City of Dubuque, Iowa, and providing Yor the conveyance thereof to the abutting property owners. Whereas a petition has been filed by the Independent School District of Dubuque requesting the vacation of certain streets and parts of streets and alleys abutting its property; and Whereas the Planning and Zoning Commission has filed its report with the City Council finding that said streets and alleys have never been opened and that there is little like- lihood aY their ever being needed for street purposes and recommending the approval of said request; Now Therefore, Be It Ordained by the City Council of the City of Du- buque: Section 1. That the following de- scribed streets and alleys and parts of streets and alleys be and the same are hereby vacated as follows: (1) Alumni Place Prom the south- erly property line of West Locust Stteet to the northerly line of South- view Terrace; (2) Southview Terrace from the westerly property line of Alumni Place to the westerly property pine of Vincent Street; (3) Francisco Street from the east- erly property line of Alumni Place to the westerly property line of Vincent Street; (4) The alley between Weat Locust Street and Francisco Street from the easterly Property line of Alumni Place to the westerly property line of Vincent Street; (5) The alley between Francisco Street and Southview Terrace Prom the easterly property line oP Alumni Place to the westerly property line o[ Vincent Street; (6) The alley first northerly of Rosedale Avenue and abutting Lots one to Fifteen inclusive of Rosedale Addition; (7) The unnamed Street from the northerly property line of Rosedale Avenue to the southerly line of the alley first northerly of Rosedale Ave- nue and between Lots thirteen and fourteen of Rosedale Addition; Section 2. That the said vacated areas be and the same are hereby granted to the owners of the property lying abutting thereto on bath sides thereof; Section 3. That the Independent School District oP Dubuque cause a plat to be made of said vacated areas showing the same and the abutting property, which plat shall give dis- tinctive lot descriptions to said va- cated areas and upon approval of said Plat by the City Manager and City Solicitor and tiling oP said plat with the County Recorder of Dubuque County, Iowa, then the Mayor and Clerk of the City of Dubuque are hereby authorized to eaerute a Quit Claim Deed for said vacated areas to the owners of all the property abutting thereto; Section 4. That the Clerk be and he is hereby directed to file in the office of the Recorder of Dubuque County, fawa, a certified copy of this Ordinance; Section 6. That this Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publ(cation as provided by Law and when the costs thereof have been paid by the applicant. Passed upon first reading this 10th day of January, 1951. Passed, adopted and approved this 22nd day of January, 1951. CLARENCE P. WELU, Mayor ROMULO N. RUSSO, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: 1. J. SHEA, City Clerk. Published officially in The Tele- graph-Harald newspaper this 25th day of Janue ry, 1951. J. J. SHEA, It Jan 25 City Clerk Councilman Russo moved the a- doption of the ordinance. Second- ed by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. Ordinance No. 4.51. An Ordin- once amending Ordinance No. 33 49 as amended being an Ordinance known as "The Traffic Code" of the City of Dubuque by repealing Schedule II .thereof as amended and enacting a substitute therefor and providing a penalty for a via lotion thereof, presented and read. Councilman Schueller moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Councilman Schueller moved that the rules be suspended requir- ing an ordnance to be read on three separate days. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - None. Councilman Schueller moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Second- 44 Special Session, January 22, 1951 Special Session, January 22, 1951 45 ed by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 15, 1951 Dubuque, Iowa, To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1950, the Civil Service Commission con- ducted an entrance examination on January 5th, 1951, for those seek- ing the position of Head Garage Mechanic. The following list shows the names of those who passed the written examinations with an aver- age of 70 percent or better. Said list being certified in accordance with the provisions of the Code of Iowa, 1950. Donald S. Scott, 87 percent Lester W. Walker 79.67 percent Louis J. Schloz, 77 percent Wilfred J. White, 76 percent Cletus J. Beck, 75.34 percent Paul Bodish, 75.34 percent Herman J. Burdt, 75 percent Robert L. Frost, 74.66 percent George E. Duscher, 72 percent Earl A. Gadient, 70 percent Respectfully submitted, Louis J. Lagen Chairman C. S. Harker E. B. Lyons Members, Civil Service Commission. Attest: J. J. Shea Clerk. Subscribed and sworn to before me, Geraldine L. Jenni, a Notary Public this 15th of January, 1951. (SEAL) Geraldine L. Jenni Notary Public. Councilman Kolb moved that the report be received and made a matter of record, Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. January 11,1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council of the City of Dubuque, Iowa held January 10th 1951 the foDowing resolution was adopted: That Class "B" permit No. 101 heretofore issued to Al Rogan, be and the same is hereby revoked and the Chief of Police is direct- ed to take up such permit forth- with and return the same for can- cellation Please be informed that on this 11th day of January, 1951 said permit was taken up by me and is herewith returned for cancellation. Respectfully yours, Joseph H: Strub, Chief of Police. Mayor Welu moved that the communication of Chief of Police Strub be received and made a mat- ter of record and that the Class "B" Beer Permit of Al Rogan be ordered cancelled. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays-None. Councilman Russo moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 20, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Re: George Bogas, holder of Class "B" Beer Permit No. 132; expiring December 12, 1950. John Dempsey, holder of Class "B" Permit No. 80, expiring Aug• ust 4, 1951 Please be advised that on Janu• ary 19, 1951 the above named Class "B" Beer Permit holders were convicted in the District que, Iowa, on charges of having liquor on the premises of a Class "B" Beer Permit holder of greater alcoholic content than 4% by weight; and on gambling charges. They were fined $300.00 on the liquor charge and $100.00 on the gambling charge and the costs of the action. Because of the above violations of law and the conviction thereof it is herewith recommended that in ' the case of George Bogas the pro- visions of Section 124.30 of the 1950 Code of Iowa be imposed in that he never be issued again a li- tense and that he be prohibited from being employed on the premises of a Class "B" Beer Per- mit holder in any manner whatso• ever. Mr: Bogas had surrendered his license to the City of Dubuque prior to his conviction and expired before his conviction. Because of the above violations of law and the conviction thereof it is hereby recommended that the Class "B" Beer Permit No. 80 is- sued to John Dempsey, expiring August 4, 1951, be revoked forth- ` with and that all the provisions of chapter 124.30 of the 1950 Code of Iowa be imposed against Mr. Dempsey. Mr. Dempsey has also surrendered his license. Respectfully Yours, Joseph H. Strub, Chief of Police Councilman Austin moved that the communication of Chief of Po• lice Strub be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. s Petition of John Dempsey re- questing arefund in the amount of $100.00 on the unexpired por- tion of his Class "B" Beer Permit No. 80 as he has discontinued busi- ness on January 8, 1951, presented and read. City Solicitor Nelson recommending to Council that po- licy be not to grant the refund as requested. Mayor Welu moved that the request be denied. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 18, 1951 To the Honorable Mayor and City Council City of Dubuque, Iowa Gentlemen: For the past several years the Water Department has accumulated and studied all the available infor- mation on the subject of introduc• ing fluoride in the public w a t e r supply. It is our belief that this matter should now be brought to the attention of the City Council because of experiments and ex- periences that have been devel- oped in other places. It is well established that na- tural fluoride in drinking water in amounts of 1.0 to 1.2 ppm. pre- serves the enamel of the teeth and helps prevent tooth decay. A flux rive content over 2.0 ppm. w i 11 cause mottled enamel of the teeth if regularly used by children be- low the age of eight years. Newburgh, N. Y., Grand Rapids, Mich. and Evanston, Rl. for the purpose of determining scienti• fically the facts concerning the ar• tificial fluoridation of the public water supply in 1945, decided to feed artificial fluroine into their water systems. Preliminary dental findings indicates in general a con- sistent downward trend in the de- cayed, missing and filled rates. However, as indicated in recent Di- vision of Public Health reports of the State Department of H e a l t h of Iowa, final conclusions will not be available until the study is com- pleted in about 1955. It is to be noted that a number of states have approved and recommended such treatment. Lz Wisconsin alone, over 30 communities use it. The following general policy was adopted however, by our State De- partment of Health as of July 10, 1950. "After careful consideration of the practicability of adding Flu- orine to a public water supply, and if there is sufficient local demand as evidenced by approval of the local health authorities, the local dental and medical professions 46 Special Session, January 22, 1951 and the local water works officials, the State Department of Health will assist in setting up the neces- sary control measures to assure that the concentration of fluoride ions in the finished water is with- in the recommended limits at all times". The State Hygienic Laboratory with the assistance of their District Health engineers have taken sam- ples throughout the state to deter- mine fluoride content in public water supplies. Dubuque has an average of about .3 ppm: or about L5 or 30 per cent of the desired amount which is 1,0 to 1.2 ppm, It must be recognized that no two fluoridation problems are alike. Facts and figures must be compiled to determine which of the several ways is most suitable for your needs. The experience of the past five years in the practical uppliction in other communities must be studied to determine what can and cannot be accomplished. The added chemical will not cure all tooth decay but it is only re- commended and hoped fora 60 percent decrease in tooth decay, 75 percent lower lass of the first permanent molars and a 90 per- cent reduction ir- tooth surface caries in the upper anterior teeth. It is our recommendation that the attention of the Council be di- rected to the benefits resulting from the introduction of fluoride in our public water supply and that to assist in arriving at a de- termination of the matter, that the advice, counsel and recommenda- tion of the Dubuque Dental and Medical Societies and the Depart- ment of Health be solicited. This department has made pre• liminary studies as to the type of treatment, the initial cost of equip- ment, the construction of suitable chemical storage room, operating room for the feeding equipment and the amount of annual operat- ing and maintenance cost. The add- ing of fluoride to water has been one of the most discussed topics at all water works association meet- ings in recent years, It is the de- sire of this department to cooper- ate fully with all interested in this new endeavor and opportunity has been here taken to inform the Council of a potential benefit to the community. Respectfully submitted, J. J. Hail, Superintendent City of Dubuque Water Department Councilman Russo moved that the communication of Water Su- perintendent Hail be received and filed and that copies of this letter be sent to the Dubuque County Dental Society, the Dubuque Coun- ty Medical Society, the Director of Health and to the State Depart- ment of Health for their recom- mendation and report. Seconded by Councilman Austin. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. January 22, 1951 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: Attached are Grants of Ease- ments through private property to extend a 16" cast iron water main from Prescott Street and Lincoln Avenue to Davis Avenue. With weather permitting, we will complete this Intermediate Distribution System about August 1, 1951, Respectfully submitted, J. J. Hail Superintendent City of Dubuque Water Department. Councilman Kolb moved that the communication of Water Superin- tendent Hail be received and made a matter of record and that the Grants of Easment be made a mat- ter of record and recorded with the County Recorder. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in ~~ Special Session, January 22, 1951 47 hand paid by the City of Dubuque, Iowa, a municipal corporation or its assigns, the receipt whereof is hereby acknowledged, the under- signed Louis C. Kolfenbach and Carrie T. Kolfenbach, his wife, be- ing the owners of Lot 1 of 1 of 1 of 1 of 1 in Mineral Lot 304 and Lot i and Lot 2of Sub. of 2of 1 oflofloflandof2of2ofl of 1 of 1 in Mineral Lot 304, herae- by grants and conveys to the said City of Dubuque, Iowa, a perpetual right of easement in said lots as hereinafter described for the pur- pose of installing, at the City's ex- pense awater service main, with the right to go upon said premises at all reasonable times for the pur• pose of repairing the same where installed; provided, however, that said City of Dubuque, Iowa, shall replace whatever earth, sod or shrubbery that may be distributed in the installation or repair of said' water service main to as good con- dition as it was in before the same was disturbed. Said easement is ten feet in width and lying five feet on each side of the following center line: Beginning at a point on the north- westerly line of Lot 602 in Ham's Addition 5 feet northeasterly from the northwesterly corner of said lot; thence North 57 degrees West 166 feet; thence South 33 degrees West 426 feet; thence south 50~Z degrees West 290 feet; thence South 58 degrees West 255 feet; thence North 65~Z degrees West 220 feet; thence South 75~Z de- grees West 90 feet; thence North 83~Z degrees West 190 feet; thence North 61 degrees West 48 feet; thence North 38'~ degrees West 48 feet; thence North 16 degrees West 48 feet; thence North 335 feet to a point 15 feet South of the South line of the West ~i of Lot 2 of Mineral Lat 304 and 134 feet East of the West line of Min- eral Lot 304; thence West 134 feet to a paint on the West line of Min- eral Lot 304 fifteen feet South of the southwesterly corner of the West '~ of Lot 2of Mineral Lot 304; all as shown on the attached drawing. The Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. Louis C. Kolfenbach Carrie T. Kolfenbach State of Iowa l SS. Dubuque County J On this 20th day of January A. D. 1951 before me Eleanor E. Kol- fenbach personally appeared Louis C. Kolfenbach and Carrie T. Kol- fenbach to me known to be the person, named in and who execut- ed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Eleanor E. Kolfenbach Notary Public in and for Dubuque County Iowa GRANT OF EASEMENT Know all men by these presents: That in consideration of $1.00 in hand paid by the City of Dubuque, Iowa, a municipal corporation or its assigns, the receipt whereof is hereby acknowledged, the under- signed Mt, Calvary Cemetery Asso- ciation, acharitable corporation, being the owner of Lot 1 of 1 of 2 of N. E. 1-4, Section 13, Town- ship 89 N., Range 2 East, and Lot 2of 2of 1 of 2of N. E. 1.4 of Section 13, Township 89 N., Range 2 East, hereby grants and conveys to the said City of Dubuque, Iowa, a perpetual right of easement in said lots as hereinafter described for the purpose of installing at the City's expense, awater service main, with the right to go upon said premises at all reasonable times for the purpose of repairing the same where installed; provided, however, that said City of Du• buque, Iowa, shall replace whatever earth, sod ar shrubbery that may be disturbed in the installation or repair of said water service main to as good condition as it was in before the same was disturbed. Said easement is ten feet in width and lying five feet on each side of the following center line: Beginning at a point on the South line of Lot 1 of 1 of 2of the N, E. 1-4 Section 13, Township 89 N., R. 2 E, and 29 feet West of the southeast corner of said lot; thence in a northwesterly direction for a distance of approximately 168 feet to a point 22 feet due North of 48 Special Session, January 22, 1951 the South line of Lot 2 of 2 of 1 of 2 of the N. E. 14 of Section 13, Township 89 N., R. 2 E., thence in a northerly direction for approxi- mately 178 feet to a point 137 feet East of the northwest corner of said last described lot; all as shown on the attached drawing. The Grant of Easement shall be binding upon the undersigned, his heirs, executors, administrators, purchasers and assigns forever. Mount Calvary Cemetery Assn., Msgr. J. J. Klott Vice President Louis C. Kolfenbach Secretary State of Iowa l SS County of Dubuque J On this 19th day of January, 1951, before me Eleanor E. Kolfenbach, a Notary Public in and for the County of Dubuque, State of Iowa, personally appeared Msgr. J. J. Klott, vice-President and Louis C. Kolfenbach, Secretary, of Mt. Cal• vary Cemetery Association, t h e Corporation which executed the a- bove and foregoing instrument, who being to be known as the iden- tical persons who signed the fore- going instrument, and by me duly sworn, each for himself did say that they are respectively the Vice- President and Secretary of said Corporation; no seal has been pro- cured by said Corporation and that said instrument was by them sign- ed on behalf of the said Corpora- tion by authority of its board of directors and each of them acknowl- edged the execution of said instru- ment to be the voluntary act and deed of said corporation by it and each of them voluntarily executed as such respective officer. IN WITNESS WHEREOF I have hereunto signed my name and af- fixed my Notarial Seal the day and year last above written. Eleanor E. Kolfenbach Notary Public in and for Dubuque County, Iowa January 15, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of December 1950; also list of claims and list of payrolls for which warrants were issued for the month of December 1950. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Russo moved that the reports be received and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 22,1951 To the Honorable Mayor and Members of the City Council Gentlemen: On January 4, 1951, a claim was filed with the City Clerk by Ju- lius A. Welu, of 595 O'Neil Street, said claim being duly referred to the City Council which body referr- ed the same to this office for in- vestigation and report. After due investigation we find that the claim of Julius A. Welu is justifiable and our recommenda- tion is that the same be paid, and the City Treasurer be instructed to draw a warrant in favor of the claimant for the sum of $13,50 to be delivered to him upon the exe- cution by him of a proper release. Respectfully submitted, By R. M. Czizek Assistant City Attorney, Councilman Kolb moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $13.50 in favor of Julius A. Welu, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Austin. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Sehuel- ler. Nays -None, January 12th, 1951 Honorable Mayor and City Council of the City of Dubuque, Iowa Gentlemen: The claim of Edward Alber for damages resulting from a sewer Special Session, January 22, 1951 49 backing up into his basement has been referred to this office for investigation and report, I have investigated this claim and can find no negligence on the part of the City nor liability for the same. I therefore recommend that the claim be denied. Respectfully submitted, T. H. Nelson City Solicitor Councilman Russo moved that the recommendation of City Solici- tor Nelson be approved, Seconded by Mayor Welu. Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, 5chuel• ler. Nays -None. January 22,1951 Honorable Mayor and City Council of the City of Dubuque, Iowa Gentlemen: The objections of Mrs, J. M. Walker and others to the establish- ment of a parking lot on the north- west corner of Fifth and B l u f f Streets was referred to this office for recommendation and r e p o r t. These objections are based in part of the proposition that such action would be in violation of the Zoning Ordinance and would constitute a nuisance. I have examined the Zoning Or- dinance and the Statues govern- ing the same and it is my opinion that municipally owned lands and structures may be devoted to any proper municipal purpose which the public convenience and neces• sity require without conflicting with the provisions of the Zoning Ordinance. It is further my opinion that since off~treet parking facilities are au- thorized by Statute they cannot constitute a nuisance per se though they may become a nuisance if im- properly operated. Respectfully submitted, T. H. Nelson, City Solicitor. Councilman Austin moved that the written opinion of City Solici- tor Nelson be received and made a matter of record. Seconded by Mayor Welu. Carried by the follow- ing vote: Yeas -Mayor Welu, Council• men Austin, Kolb, ,Russo, Schuel- ler. Nays-None. January 17,1951 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: When you referred the petition of Mrs. J. M. Walker and others to the Planning & Zoning Commis- sion on January 10, 1951, said Planning & Zoning Commission as- sumes that you are seeking the for- mal report and recommendation of the Commission as provided in Sec- tion 373.10-1950 Code of Iowa, which states: "Recommendations as to Improvements No statuary, memorial or work of art in a public place, and no public building, bridge, via- duct, street fixture, public struc- ture or appurtenance, shall be lo- cated or erected or site thereof obtained, nor shall any permit be issued by any department of the municipal government for the erec- tion or location thereof, until and unless the design and proposed location of any such improvements shall have been submitted to the city plan commission and its rec- ommendation thereon obtained." From this it is apparent that the matter at hand is strictly in the field of planning whether the pub- lic interest will be properly serv- ed by a parking lot as located. It is the unanimous judgement of the Plan Commission that a parking lot on the north west cor- ner of Fifth and Bluff Streets will not serve the public interest and is not a proper site for such purpose at this time. The Planning & Zoning Com- mission respectfully recommends to your Honorable Body that a parking lot shall not be installed as proposed, at this time. Yours truly The Dubuque Planning & Zoning Commission By R. V. McKay Secretary Attorney M. H. Czizek, represegt- ing the owners of the property on ,..... , , , ~a a ~-w-v~.. „n~k-c~r~av7~^^.A~!#^~f-r~t~ ~A~'~. 1 ~~~4' 50 Special Session, January 22, 1951 the northwest corner of Fifth and Bluff Streets, addressed the Coun- cil in support of the establishing of a parking lot on said property. At- torney John J. Kintzinger, repre- senting the petitioners who are ob- jecting to the establishment of a parking lot on the property located at the northwest corner of Fifth and Bluff Streets, addressed the Council in support of the petition of the objectors. Councilman Russo moved that action be deferred on the recommendation of the Plan- ning & Zoning Commission and also on the objections of Mrs. J. M. Walker and others pending a meet- ing to be held with the Planning and Zoning Commission later in the Council meeting, at which meeting the Master Plan will be discussed and studied. Seconded by Councilman Kolb. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - None. January 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In regard to the request of the A. Y. McDonald Manufacturing Company referred to the Planning & Zoning Commission by the City Council for recommendation on the vacation of certain Streets and Alleys the Planning & Zoning Commission wishes to recommend thefollawing: VACATE TO A. Y. McDONALD MFG. CO. WITH EASEMENT RE- TAINED FOR ALL EXISTING PUBLIC UTII,ITIES AND PROVID- ING FOR RELOCATION (AT MC• DONALDS EXPENSE) OF EXIST- ING PUBLIC UTII.ITIES IN CASE BUILDINGS ARE ERECTED OVER THEM. 1. E. 13th Street from the easterly property line of Maple Street westerly to the westerly property line of Pin e Street. 2. E. 13th Street from the easterly property line of Cedar Street to eighteen feet westerly of the westerly line of Ash Street. 3. E. 13th Street from eighteen feet easterly of the easterly line of Ash Street to the southeasterly corner of Lot 577, East Dubuque Addition, on the northerly side of East 13th Street and to the north easterly corner of Lot 574, East Dubuque Addition, on the southerly side of East 13th Street. 4. Maple Street from the northerly line of East 13th Street northerly to the south- erly line of Lots 281 and 326, East Dubuque Addition. 5. Sycamore Street from the northerly line of East 13th Street northerly to the south- erly line of Lots 407 and 449, East Dubuque Addition. 6. Lynn Street from the northerly line of East 13th Street, northerly to the south- erly line of Lots 468 and 509, East Dubuque Addition. 7. The alley between Maple Street and Pine Street from the northerly line of East 13th Street to the southerly line of Lots 262 and 281 East Du- buque Addition. 8. The alley between Lynn Street and Syca- more Street from the northerly line of East 13th Street to the southerly lineof Lots 449 and 468 East Dubuque Addition. 9. The alley between Ash Street and Lyn n Street from the northerly line of East 13th Street to the southerly line of Lots 509 and 528 East Du- buque Addition. 10. The alley between Marsh Street and Ash Street from the northerly line of East 13th Street to the souther- ly line of Lots 569 and 581 East Dubuque Addition. THEN TO CLEAR ANY MISUN• DERSTANDING T H A T M I G H T ARISE IN REGARD TO OWNER- SHIP OF PROPERTY -VACATE 11. Sycamore Street from the northerly line of East 12th Street northerly to the south- erly line of East 13th Street. 12. Lynn Street from the northerly line of East 12th Street northerly to the south- erly line of East 13th Street. Special Session, January 22, 1951 51 13. The alley between Lynn Street and Syca- more Street from the northerly line. of East 12th Street to the southerly line of East 13th Street. 14. The alley between Ash Street and Lyn n Street from the northerly 1 i n e of East 12th Street to the southerly line of East 13th Street. 15. The alley between Sycamore Street and Cedar Street from the northerly line of East 13th Street to the southerly line of Lats 388 and 407 East Dubuque Addition. IF EXCHANGE FOR THE A- BOVE VACATIONS, THE A. Y. McDONALD MFG, C O M P A N Y SHALL DEED TO THE CITY: 1. Lots 388, 407, 449, 468, 509, 528, 569 and 581; all in East Du- buque Addition No. 2. This is to accomplish the widen- ing of E. 14th Street so as to pro- vide amain artery to connect with Ash Street and Channel Street. 2. Deed to the City The easterly .eighteen feet of Lots 524, 525, 526 and 527, East Dubuque Addition No. 2 and ~e westerly eighteen feet of Lots 570, 571, 572, and 573 East Dubuque Addition No. 2. 3. Deed to the City the easterly eighteen feet of Lots 519, 520, 521, 522 and 523 East Du- buque Addition No. 2 and the west- erly eighteen feet of Lots 574, 575 and 576 East Dubuque Addition. 4. To clear any misunderstanding as to the ownership of property, shall deed to City rights and in- terest in Ash Street from the northerly line of East 12th Street to the Southerly line of East 13th Street -this street now enclos- ed in what is purported to be Lot 1 of Sub. of part of M. L. 96, 97, 98 and 99 and parts of East Du- buque Add. This exchange of property will consolidate McDonald's Property and give the City w i d e n e d thoroughfares as indicated on the plat that accompanys this letter. Respectfully submitted, The Dubuque Planning & Zoning Commission R. V. McKay Secretary Mayor Welu moved that the re- commendation of the Planning and Zoning Commission be approved and proper proceedings prepared. Seconded by Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. January 17, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Your City Plan Commission has studied the matter of acquiring off street parking .facilities on City Lots 204, 205, 206, 207 and 208 on the east side of Iowa St. between Ninth and Tenth Streets and con- siders that the proposed site will serve the public interest and is in conformity with its ideas of good planning. Therefore, the Planning & Zon- ing Commission respectfully rec- ommends to your Honorable Body acquisition of the property as pro• posed. Yours very tuly, The Dubuque Planning & Zoning Commission By R. V. McKay Secretary Mayor Welu moved that the recommendation of the Planning and Zoning Commission be approv- ed. Seconded by Council- man Schueller. Carried by the fol• lowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None, RESOLUTION N0. 12.51 WHEREAS, application for Class "B" Beer Permit has been submit- ter to this Council for approval and the same has been examined: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. 52 Special Session, January 22, 1951 CLASS "B" PERMIT Lorraine Gordon, 469 Main Street Passed, adopted and approved this 22nd day of January, 1951. CLARENCE P. WELU MAYOR. ROMOLO N, RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN, Attest: J. J, SHEA CITY CLERK, Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler. Nays - None. RESOLUTION NO. 13.51 WHEREAS, heretofore applica- tion far Class "B" Beer Permit was filed by the within named appli- cant and it has received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and she has filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is directed to issue to the following named appli- cant aBeer Permit. CLASS "B" PERMIT Lorraine Gordon, 469 Mai n Street. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby approved, Passed, adopted and approved this 22nd day of January 1951. CLARENCE P, WELU MAYOR ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK Mayor Welu moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb Russo, Schuel- ler. Nays -None. RESOLUTION N0. 1451 BE 1T 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 and the Nlanager is directed to issue such permit on behalf of said City. Lorraine Gordon, 469 Main Street BE IT FURTHER RESOLVED that the bond filed with the appli- cation beapproved. Passed, adopted and approved this 22nd day of January 1951. CLARENCE P, WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK. Mayor Welu moved the adoption of the resolution. Seconded b y Councilman Kolb. Carried by the following vote: Yegs -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - None. RESOLUTION NO. 13.51 WHEREAS, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: NOW THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the fallowing application be granted and the license is to be issued up- on the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Henry C, Torrey, 400 I o w a Street a Special Session, January 22, 1951 53 Passed, adopted and approved this 22nd day of January, 1951. CLARENCE P. WELU MAYOR, ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK. Mayor Welu moved the adoption of the resolution. Seconded by Councilman Kolb. Carried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. RESOLUTION N0. 16.51 WHEREAS, heretofore applica- tion for Class `B" Beer Permit was filed by the within named appli• cant and it has received the ap- proval of this Council; and WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond: NOW THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and he is directed to issue to the following named appli- cant aBeer Permit. CLASS "B" PERMIT Henry C. Torrey, 400 Iowa Street BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby ap- proved. Passed, adopted and approved this 22nd day of January 1951. CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V, AUSTIN LEO N, SCHUELLER COUNCII.MEN. Attest: J. J. SHEA CITY CLERK. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Mayor Welu. Carried by the following vote: .Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays-None. RESOLUTION N0. 17.51 WHEREAS the City of Dubuque, Iowa as the county seat has join- ed with Dubuque County, Iowa in planning for a combination Court- house-City-HallJail building, and WHEREAS an agreement was entered into on the 19th day of December in the year 1947 by and between the City of Dubuque, Iowa and the County of Dubuque, Iowa as Owner and Daugher, Rich and Woodburn, Architects and Engi- neers, Des Moines, Iowa, for the furnishing of architectural services and plans and specifications for the above named building, and WHEREAS, an application for ad- vance for plan preparation of the above project was made to the Federal Works Agency, which ap- plication is known as Ia. 13-P•215 dated June 21, 1947 and approved June 26, 1947, NOW, THEREFORE, Be It Resolved by the City Coun- citl of the City of Dubuque, Iowa that the completed drawings and specifications furnished by the Dougher, Rich and Woodburn arch- itects be officially approved and that the City Manager'be directed to make the proper representations to the Federal Works Agency of such plan completion and accep- tance. Passed, adopted and approved this 22nd day of January, 1951. CLARENCE P. WELU MAYOR ROMOLO N. RUSSO, RAY KOLB RUBEN V, AUSTIN LEO N.SCHUELLER COUNCII~4IEN Attest: J. J. SHEA CITY CLERK. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. RESOLUTION N0. 18.51 RESOLUTION to fix a date of meeting at which it is proposed to 54 Special Session, January 22, 1951 take action for authorizing the is- suance of $2,000,000 Sewer Bonds. WHEREAS the City of Dubuque, Iowa, acting by and through the City Council, has heretofore deter- mined it to be immediately neces• nary to provide for constructing sewers in and for said city, the cost whereof is to be paid by said city as a whole; and WHEREAS it is deemed for the best interest of said City that Sew- er Bonds of said city be authorized to be issued to the amount of $2,- 000,000, as permitted and provded for by Section 396.22 of the Code of Iowa, for the purpose of paying the cost of constructing said sew- ers, but it is first necessary to give notice and a hearing as required by Section 23.12 of the Code of Iowa; NOW, THEREFORE, BE IT RE- SOLVED by the City Council of the City of Dubuque, as follows: Section 1. That this City Council meet at the Council Chambers in the City Hall within said city on the 5th day of February, 1951, at 7:30 o'clock p. m. at whfch time and place proceedings will be in• stituted and action taken for au- thorizing the issuance of Two Mil- lion Dollars ($2,000,000) S e w e r Bonds for the purpose of defraying the cost of constructing sewers in and for said city. Section 2, The City Clerk is hereby directed to give notice of the proposed action for the issuance of said bonds, set- ting forth the amount and purpose thereof, the time when and place where said meeting wifl be held, by° publication at least once for at least ten days before said meet- ing, in The Telegraph-Herald, an official newspaper printed, publish- ed and having a general circula- tion within said city. Said notice shall be in substantially the follow- ingform: NOTICE OF MEETING FOR ISSUANCE OF SEWER BONDS. The City Council of the City of Dubuque, Iowa, will meet on the 5th day of February, 1951, at the Council Chambers in the City Hail, Dubuque, Iowa, at 7:30 o'clock p, m., for the purpose of instituting proceedings and taking action for the issuance of Sewer Bonds of said City to the amount of Two Million Dollars ($2,000,000) for the purpose of paying the cost of constructing sewers in and far said City. At any time before the date of said meeting five or more taxpay- ers may file a petition in the office of the City Clerk, setting forth their objections thereto. By order of the City Council January 22,1951. J. J. SHEA. CITY CLERK. Section 3. That all resolutions or parts thereof in conflict here- with be and the same are hereby repealed, and this reolution shall be effective forthwith upon its passage and approval. Passed and approved January 22, 1951. CLARENCE P. WELU MAYOR ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER. COUNCII~MEN Attest; J. J. SHEA CITY CLERK Recorded January 22, 1951. J. J. SHEA City Clerk. Councilman Austin moved the adoption of the resoluton. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Mr, Byrne O'Brien, President of the Dubuque Policemen's Protec- tive Association addressed t b e Council asking that the members of the Police Department be grant- ed an increase in salary to become effective April 1,1951, Councilman Russo moved that the request of the Dubuque Policemen's Protec- tive Association for an increase in salary to become effective April 1, 1951 be referred to the Council for consideration at the time that the budget is being prepared. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - Nane. Special Session, January 22, 1951 55 Council recessed at 9,35 p. m and reconvened at 9:45 p. m. Upon reconvening of the Coun- cil meeting a joint meeting was held between the City Council and the Planning and Zoning Commis- sion at which meeting the Master Plan was discussed and studied. January 17, 1951 1'o the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: When you referred the petition of Mrs. J. M. Walker and others to the Planning & Zoning Commis- sion on January 10, 1951, said Planning & Zoning Commission as- sumes that you are seeking the formal report and recommenda- tion of the Commission as provided in Section 373.10-1950 Code of Iowa, which states: "Recommendations as to Improvements No statuary, memorial or work of art in a public place, and no public building, bridge, via- duct, street fixture, public struc- ture or appurtenance, shall be 1o- Gated or erected or site thereof ob• tained, nor shall any permit be is- sued by any department of the municipal government for the erec• tion or location thereof, until and unless the design and proposed lo- cation of any such improvements shall have been submitted to the city plan commission and its rec- ommendations thereon obtained." From this it is apparent that the matter at hand is strictly in the field of planning, -whether the public interest will be properly served by a parking lot so located. It is the unanimous judgement of the Plan Commission that a parking lot on the north west cor• ner of Fifth and Bluff Sts. will not serve the public interest and is not a proper site for such purpose at this time. The Planning & Zoning Com- mission respectfully recommends to your Honorable Body that a parking lot shall not be installed as proposed, at this time. Yours truly The Dubuque Planning & Zoning Commission R. V. McKay, Secretary Mayor Welu moved that the re- commendation of the Planning and %oning Commission be accepted for the present. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller. Nays -None. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. J. J. SHEA CITY CLERK. Approved ................ 1951 Adopted ... ............... 1951 Councilmen ...................................... Attest :..................... . City Clerk. ... , x~~~~a~~~~~~w~a~t~t"~r~a~r~~, 56 Special Session, January 31, 1951 City Council (OFFICIAL.) Special Session, January 31st, 1951. Council met at 9:30 p. m, Present -Mayor Welu, Councilmen Austin, Kolb, Russo, Schueller, City Manager Rhomberg. Meeting called by order of Coun- cilmen Russo and Kolb, Mayor Welu read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering plans and specifica- tions for the construction of storm relief sewers. Resolution No. 19-51. Prelimin- ary approval of proposed plans, specifications, form of contract and all other documents for the con- struction of Storm Relief Sewer, Section A -Dodge Street Storm Relief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of First Street at the Dubuque Ice Harbor; thence westerly an First Street to the alley between Locust and Bluff Streets; thence southerly in said alley to the southerly Pine of Dodge Street, presented and read. Coun- cilman Kolb moved the adoption of the resolution. Seconded by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuei• ler. Nays -None. (Necessity for Improvement). RESOLUTION NO. 20.51 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1- The size and kind of sewers. 2• An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used for the construction of Storm Relief Sewer, Section A- Dodge Street Storm Relief Sewer. Said proposed sewer to be located as follows: Beginning at the inter- section of First Street at the Du- buque Ice Harbor; thence westerly on First Street to the alley be- tween Locust and Bluff Streets; thence southerly in said alley to the southerly line of Dodge Street. BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and ne- cessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed improvement they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared there- fore which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the sewer funds. Bonds shall be issued and sold and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City clerk this 31st day of January 1951. Approved: CLARENCE P, WELU MAYOR, ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER COUNCII.MEN Attest: J. J. SHEA CITY CLERK. Mayor Welu moved that the re• solution be approved and placed on file for final action. Seconded by CouncIlman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. (Fixing date of hearing) RESOLUTION N0. 21.51 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 19-51 given its pre- liminary approval on the proposed Special Session, January 31, 1951 57 plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of Storm Relief Sewer, Sec- tion A • Dodge Street Storm Re- lief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of First Street at the Dubuque Ice Harbor; thence westerly on First Street to the alley between Locust and Bluff Streets; thence southerly in s a i d alley to the southerly line of Dodge Street and, WHEREAS, the proposed Resolu- tion of Necessity for said improve- ments has been introduced and is now on file in the City Clerk's of- fice for public inspection, BE IT THEREFORE RESOLVED that on the 23rd day of February 1951 a public hearing will be held at 7:30 o'clock p, m. in the Council Chamber in the City of Dubuque at which time the owners of pro- perty may appear and make ob- jection to the proposed plans and specifications and proposed form of contract and at the same time to the cost of the improvement, and to the passage of the proposed Re- solution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro- perty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions they shall have been deemed to have waived all objections there- to, at whc6 hearing the council will hear such objections and en- ter on record its final decision thereon. Passed, adopted and approved this 31st day of January, 1951. CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK Mayor Welu moved the adoption of the resolution. Seconded by Councilman Russo, Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Resolution No. 22.51. Preliminary approval of proposed plans, speci- fications, form of contract and all other documents for the construc- tign of Storm Relief Sewer. Sec- tion B -Eighth Street Storm Re- lief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of Lake Peosta slough and of the prolongation of E. Eighth Street Extended; thence Westerly along the prolongation of East Eighth Street Extended and of East Eighth Street to the east proporty line of White Street, pre- sented and read. Councilman Rus- so moved the adoption of the reso- lution, Seconded by Councilman Schueller. carried by the follow- ing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays - None. (Necessity for Improvement). RESOLUTION N0. 13.51 WHEREAS, proposed plans, spe- cifications, form of contract, plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of material to be used for the construction of Storm Relief Sewer. Section B - Eighth Street Storm Relief Sewer. 'Said proposed sewer to be located as follows: Begrnning at the inter- section of Lake Peosta Slough and of the prolongation of East Eighth Street Extended; thence westerly along the .prolongation of East Eighth Street Extended and of East Eighth Street to the east property line of Whie Street. 7 N 58 Special Session, January 31, 1951 BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and ne- cessary for the public welfare to make the herein mentioned im• provement, and unless property owners at the time of the final con• sideration of this proposed resolu• tion have on file with the C i t y Clerk objectors to the amount of the proposed improvement they shall be deemed to have waived all objectins tereto. Said improvement shall be con• strutted and done n accordance with the plans and specifications which have been prepared therefor which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im• provement will be paid out of the sewer funds Bands shall be issued and sold and the proceeds thereof used to pay thecontractor. The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 31st day of January 1951. Approved: CLARENCE P. WELU MAYOR. ROMOLO N. RUS5O RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCII,MEN. Attest: J. J. SHEA CITY CLERK. Councilman Austin moved that the resolution be approved and placed on file for final action. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. (Fixing Date of Hearing). RESOLUTION N0.4451 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 22.51 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc- tion of Storm Relief Sewer. Sec- tion B -Eighth Street Storm Re- lief Sewet, Said proposed sewer to be located as follows: Beginning at the intersection of Lake Peosta Slough and of the prolongation of East Eighth Street Extended; thence westerly along the prolong- ation of East Eighth Street Ex• tended and of East Eighth Street to the east property line of White Street and, WHEREAS, the proposed Reso• lution of Necessity for said im• provement has been introduced and is now on file in the City Clerk's office for public inspection, BE IT rt~;xEFORE RESOLVED that on the 23rd day of February 1951, a public hearing will be held at 7:30 o'clock p. m in the Council Chamber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifica• tions and proposed form of con- tract and at the same time to the cost of the improvement, and to the passage of the proposed Resa lution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless pro perty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions they shall have been deemed to have waived all objections there to, at which hearing the Council will hear such objections and en- ter on record its final decision thereon. Passed, adopted and approved this 31st day of January 1951. CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMIN. Attest; J. J. SHEA CITY CLERK. Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote; Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. Special Session, January 31, 1951 59 Resoluton No. 25.51. Preliminary approval of proposed plans, specifi- cations, form of contract and all other documents for the construc- tion of Storm Relief Sewer. 5ec- tion C -Southern Avenue Storm Relief Sewer. Said proposed sewer to be located as follows: Commenc- ing at the intersection of Railroad Avenue and Southern Avenue; thence easterly on Railroad Street a distance of approximately 150 feet; thence southerly and at right angles to said Railroad Street a dis• torte of approximately 450 feet to the point of beginning which is the terminus of the existing f0" storm sewer; thence southerly and south- easterly adistance of approximate- ly 1,940 feet to the terminus and junction with the existing railroad culvert beneath the tracks of the Chicago, Milwaukee, St. Paul & Pacific Railroad Company and of the Illinois Central Railroad com- pony tracks at what is known as South Junction, which existing cul• vert discharges into the westerly side of the Mississippi River, pre- sented and read. Mayor Welu mov- ed the adoption of the resolution. Seconded by Councilman K o 1 b, Carried by the following vote: Yeas -Mayor Welu, Council• men Austin, Kolb, Russo, Schuel- ler. Nays -None. (Necessity for Improvement) RESOLUTION N0.26.51 WHEREAS, proposed plans, spe• cifications, form of contract, plat and schedule have been duly pre• pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The size and kind of sewers. 2. An estimate of the cost of the proposed improvement, stating the same for each different type of construction and kind of mater- ial to be used for the Construction of Storm Relief Sewer. Section C -Southern Avenue Storm Relief Sewer. Said proposed sewer to be locat• ed as follows: Commencing at the intersection of Railroad Street and Southern Avenue; thence easterly on Railroad Street a distance of ap- proximately 150 feet; thence south- erly and at right angles to said Railroad Street a distance of ap proximately 450 feet to the point of beginning which is the terminus of the existing 60" storm sewer; thence southerly and southeasterly a distance of approximately 1,940 feet to the terminus and junction with the existing railroad culvert beneath the tracks of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and of the Illi- nois Central Railroad Company tracks at what is known as South Junction, which existing culvert discharges into the westerly side of the Mississippi River. BE IT THEREFORE RESOLVED that the City Council an its own motion deems it advisable and ne• cessary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed improvement they shall be deemed to have waised all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be paid out of the sewer fund Bonds shall be issu- ed and sold and the proceeds there- of used to pay the contractor, The above resolution was intro- duced, approved and ordered placed on file with the City Clerk this 31st day of January 1951. Approved: CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N, SCHUELLER COUNCILMEN Attest: J. J. SHEA CITY CLERK. Mayor Welu moved that the reso• lution be approved and placed on file for final action. Seconded by 60 Special Session, January 31, 1951 Councilman Kolb. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler, Nays - None. (Fixing date of hearing) RESOLUTION N0.27.51 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resoluton No, 25-51 given its pre- liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, far the construc- tion of Storm Relief Sewer. Sec- tion C -Southern Avenue Storm Relief Sewer. Said proposed sewer to be located as follows: Commenc- ing at the intersection of Railroad Street and Southern Avenue; thence easterly on Railroad Street a distance of approximately 150 feet; thence southerly and at right angles to said Railroad Street a dis- tance of approximately 450 feet to the point of beginning which is the terminus of the existing 60" storm sewer; thence southerly and south- easterly adistance of approximate- ly 1,940 feet to the terminus and juncton with the existing railroad culvert beneath the tracks of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company and of the Rlinais Central Railroad com- pany tracks at what is known as South Junction, which existing cul- vert discharges into the westerly side of the Mississippi River. and, to cause a notice of the time and place of such hearing to be pub- lished in some newspaper publish- ed in the City of Dubuque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its con- sideration and unless property owners at the time of final consi- deration of said resolution have on file with the Clerk objections they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 31st day of January, 1951. CLARENCE P. WELU MAYOR.. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N.SCHUELLER COUNCILMEN Attest: J. J. SHEA CITY CLERK Councilman Kolb moved the a- doption of the resolution. Second- ed by Councilman Russo. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. Resoluton No. 28-51. Preliminary approval of proposed plans, specifi- cations, form of contract and all other documents for the construc- tion of Storm .Relief Sewer. Sec- tion D -Bee Branch Storm Relief WHEREAS, the proposed resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of• fice for public inspection, BE IT THEREFOE RE50LVED that on the 23rd day of February 1951 a .public hearing will be held at 7:30 o'clock p. m, in the Council Chamber in the City of Dubuque at which time the owners of pro- perty may appear and make ob- jection to the proposed plans and specifications and proposed form of contract and at the same time to the cost of the improvement, and to the passage of the proposed Re- solution of Necessity and the City Clerk be and he is hereby directed . _.t,,, ,. ,.~~ ,,..,~,.~,. Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of East 15th Street with Sycamore Street; thence west- erly on East 15th Street to Maple Street; thence northerly on Maple Street to East Seventeenth Street; thence westerly on East Seven- teenth to Central Avenue; thence continuing westerly on West Sev- enteenth Street to the east proper- ty line of Main Street; thence be- ginning again at the intersection of East Seventeenth Street with Jackson Street; thence northerly on Jackson Street to East Twenty- Eighth Street; thence westerly on East Twenty-Eighth Street to Cen- tral Avenue; thence northerly on Central Avenue to its terminus at the intersection with the existing Special Session, January 31, 1951 61 Bee Branch Storm Sewer located in Central Avenue at approximate- ly the middle point between Thir- tieth and Thirty-Second Streets, presented and read. Councilman Russo moved the adoption of the resolution. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas -Mayor Welu, Council- men Austin, Kalb, Russo, Schuel- ler. Nays -None. (Necessity for Improvement) RESOLUTION N0. 29.51 WHEREAS proposed plans, spe- cifications, form of contract, .plat and schedule have been duly pre- pared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: The size and kind of sewers. An estimate of the cost of the propos- ed improvement, stating the same for each different type of construc- tion and kind of material to be used for the construction of Storm Relief Sewer. Section D -Bee Branch Storm Relief Sewer. Said proposed sewer to be located as follows: Beginning at the intersec- tion of East 15th Street with Syca- more Street; thence westerly on East 15th Street to Maple Street; thence northerly on Maple Street to East Seventeenth Street; thence westerly on East Seventeenth Street to Central Avenue; thence continuing westerly on West Sev- enteenth Street to the east pro- perty line of Main Street; thence beginning again at the intersection of East Seventeenth Street with Jackson Street; thence northerly on Jackson Street to East Twenty- _ Eigth Street; thence Westerly on East Twenty-Eighth Street to Central Avenue; thence northerly ` on Central Avenue to its terminus at the intersection with the exist- .. ing Bee Branch Storm Sewer locat- - ed in Central Avenue at approxi• mately the middle point between Thirtieth and Thirty-second Streets BE IT THEREFORE RESOLVED that the City Council on its own motion deems it advisable and ne• cessary for the public welfare to make the herein mentioned im- << provement, and unless property F owners at the time of the final consideration of this proposed re- solution have on file with the City Clerk objections to the amount of the proposed improvement they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said im• provement will be paid out of the sewer fund Bands shall be issued and sold and the proceeds thereof used to pay the .contractor. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 31st day of January, 1951. Approved: CLARENCE P. WELU MAYOR ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J. SHEA CITY CLERK. Mayor Welu moved that the reso- lution be approved and placed on file for final action. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Nays -None. (Fixing Date of Hearing]. RESOLUTION N0. 30.51 WHEREAS, the City Council of the City of Dubuque, Iowa, has by Resolution No. 28.51 given its pre• liminary approval on the proposed plans, specifications and form of contract and placed same on file in the office of the City Clerk for public inspection, for the construc• tion of Storm Relief Sewer. Sec- tion D -Bee Branch Storm Relief Sewer, Said proposed sewer to be located as follows: Beginning at the intersection of East 15th Street with Sycamore Street; thence Westerly on East 15th Street to Maple Street; t h e n c e northerly on Maple Street to East ~' I 62 Special Session, January 31, 1951 Seventeenth Street; thence wester- ly on East Seventeenth Street to Central Avenue; thence continuing Westerly on West Seventeenth Street to the east property line of Main Street; thence beginning a- gain at the intersection of East Seventeenth Street with Jackson Street; thence northerly on Jack• son Street to East Twenty-Eighth Street; thence westerly on East Twenty-Eighth Street to Central Avenue; thence northerly on Cen- tral Avenue to its terminus at the intersection with the existing Bee Branch Storm Sewer located in Central Avenue at approximately the middle point between Thirtieth and ThirtySecond Streets and, WHEREAS, the proposed Resb lution of Necessity for said im- provement has been introduced and is now on file in the C i t y Clerk's office far public inspec- tion, BE 1T THEREFORE RESOLVED that on the 23rd day of February 1951, a public hearing will be held at 9:30 o'clock p. m, in the Coun• cil Chamber in the City of Dubu- que at which time the owners of property may appear and make objection to the proposed plans and specifications and proposed form of contract and at the same time to the cost of the improve- ment, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hear- ing to be published in some news- paper published in the City of Du• buque, the last of which shall be not less than two (2) nor more than four (4) weeks prior to the day fixed for its consideration and unless property owners at the time of final consideration of said re• solution have on file with the Clerk objections they shall have been deemed to have waived all objec- tions thereto, at which hearing the Council will hear such objections and enter on record its final deci- sion thereon. ,.. 1 .:mgwu,e ~^Y Mb,a rtYl @"'0 ^~°M Wi?9N+¢?iiti"A!!kY Passed, adopted and approved this 31st day of January 1951. CLARENCE P. WELU MAYOR. ROMOLO N. RUSSO RAY KOLB RUBEN V. AUSTIN LEO N. SCHUELLER COUNCILMEN. Attest: J. J, SHEA CITY CLERK. Councilman Kolb moved t h e adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote; Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel ler. Nays -None.. There being no further business Councilman Russo moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Welu, Council- men Austin, Kolb, Russo, Schuel• ler. Nays -None. J. J. SHEA CITY CLERK. Approved ................. 1951 Adopted .................. 1951 Councilmen ...................................... Attest:.......... ...................................... Clt7 Clerk.