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1951 April Council ProceedingsRegular Session, April 2, 1951 235 i °7~a i I ,:1~ I ;~a City Council (OFFICIAL) Regular Session, April 2nd, 1951. Council met at 7:30 P.M. Present-Mayor Welu, Council- men Austin, Kolb, Russo, Schuel- ler. Acting City Manager Shea. Mayor Welu stated that this is the regular monthly meeting of the City Council, and also the first meeting of the fiscal year, for the transaction of such business as may properly come before the meeting, Councilman Kolb moved that Councilman Russo be elected Mayor for the ensuing fiscal year. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Welu, Councilmen Austin, Kolb, Schueller. Nays-None. Councilman Russo not voting. Mayor Welu then swore in the new Mayor, whereupon Mayor Rus- so took the Mayor's chair. RESOLUTION N0. 133-51 A resolution providing for the appointment of officers of the City of Dubuque; prescribing their sal- aries and fixing their bonds. Be It Resolved by the City Coun- cil of the City of Dubuque that the following appointive officers, sub• ject, however, to the right of the Council to declare such offices va- cant or remove the officers there- from at the pleasure of the Coun- cil with or without cause, and to be paid the compensation provided for in the budget, and the follow- ingbonds shall be provided by such officers at the expense of the in- dividual officer; City Clerk, J. J. Shea, bond $1,000.00; City Solicitor, Thomas H. Nelson, bond $1,000.00; Assistant City Solicitor, Robert M. Czizek, bond $1,000.00; Police Judge, John J. Heffernan, bond $1,000.00. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As Acting City Man- ager of the City of Dubuque, the undersigned begs to advise your Honorable Body that all officers and employees whom he has the power to appoint, who are now serving and acting in their respec- tive capacities and assisting in the orderly administration of the City and of the various departments thereof, said officers and em- ployees being under my supervi- sion, direction and control and their appointments continuing at the pleasure of the Manager, shall be paid salaries in accordance with the budget approved by the City Coun• cil. Respectfully submitted, J. J. SHEA, Acting City Manager Councilman Kolb moved that the communication of Acting City Man- ager Shea be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0.134-51 A resolution designating the of- ficial newspaper of the City of Du- buque. Be It Resolved by the City Coun- cil of the City of Dubuque that the Telegraph-Herald, a daily news- paper of general circulation in the City of Dubuque, be and it is here- by designated and appointed the official newspaper of said City. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. ~~ 236 Regular Session, April 2, 1951 Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION NO. 135-51 A resolution designating the de- positories for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed depositories of the public funds and the City Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the following: First Na- tional Bank, $325,000,00; American Trust and Savings Bank, $300,- 000.00; Dubuque Bank and Trust Company, $275,000.00. Be It Further Resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa a list of such depositories and to keep such list on file with such County Treasuurer at all times. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUS5O, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N?, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 136-51 A resolution providing for the appointment of a city manager pro• viding his salary and fixing his bond. Be It Resolved by the City Coun- cil of the City of Dubuque: That Laverne J. Schiltz be ap• pointed City Manager of the City of Dubuque for the term com- mencing April 16, 1951, subject however, to the right of the Coun- cil to declare such office vacant or remove him therefrom at the pleasure of the Council with or without cause, and that he shall furnish bond in the amount of $5,000.00. Be It Further Resolved that the salary of the City Manager shall be fixed on the basis of Ten Tous- and Dollars ($10,000.00) per an- num 75% of which shall be paid from the Consolidated Fund and 25% of which shall be paid from the Waterworks Operating Fund. Passed, adopted and approved this 2nd day of Apri1,1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOI,B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Attest: J, J. SHEA, City Clerk, Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the question of re- zoning from "Local Business Dis- trict Classification" to "Business District Classification" the follow- ing described real estate located in the City of Dubuque: Beginning at the northwest rnr- ner of Dodge and Bluff Streets, thence southwesterly along the northerly property line of Dodge Street to the east property line of Peabody Street; thence northwest- erly along said easterly property line of Peabody Street, a distance of 100 feet; thence northeasterly along a line lying 100 feet norther- ly of and parallel to the north of Dodge Street to a point 100 feet west of the westerly property line of Bluff Street; thence southeasterly to the Southeast corner of Lot 1 of the subdivision of Lot 2 of City Lot 598; thence south along the west property line of Bluff Street to the northwest corner of Dodge and Bluff Streets, which is the paint of beginning, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman ~¢:~. ~' Regular Session, Aprll 2, 1951 237 Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 23-51 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34 so as to change certain property hereinafter de- scribed from "Local Business Dis- trict Classification" to "Business District Classification," presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Austin, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu 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 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. , Notice of Claim of Oliver Boleyn in the sum of $232.43 for cost of thawing out his sanitary sewer which became clogged due to the main sewer being clogged with a deposit of dirt and the water being frozen at the mouth of the lateral, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Margaret M. Crowley in the amount of $8.64 for damages to her car caused in strik- ing ahole in the street on Broad- way, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that the rules be suspended for the purpose of allowing any one pres- 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 Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Frank 5pecht submitting offer in the amount of $100.00 for the purchase of city owned property on the left hand side of Valley Street, presented and read. Mr. Frank 5pecht addressed the Council in support of his communi- cation. Councilman Austin moved that Mr. Frank 5pecht be advised to confer with Acting City Manager Shea for proper disposition of this problem and that the Acting City Manager be instructed to submit a recommendation back to the Coun- cil. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of R. G. Ogaard objecting to the resurfacing of Hillcrest Road, and instead, re- questing the City Council to take whatever steps are necessary to in- sure completion of Hillcrest Road according to plan, this spring, if possible, presented and read. Councilman Welu moved that the communication be referred to the City Manager, City Engineer and Street Commissioner. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None, Communication of R. G. Ogaard proposing that one way traffic only be allowed on Hillcrest Road and also that the sidewalk now in ex- istence between 2480 and 2450 be 238 Regular Session, April 2, 1951 extended to permit safety, present- ed and read. Councilman Welu moved that the communication be referred to the City Manager, City Engineer and Street Commissioner. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Edward J, Markward requesting that he be granted a permit to connect with the private sewer on Lindbergh Terrace for the purpose of erecting a private dwelling on Lot No. 22, presented and read. Councilman Austin moved that the petition be referred to the Act- ing City Manager and City En- gineer for recommendation and re- port. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Thos. Flynn Coal Co. requesting an extension of 30 days on their contract for the comple- tion of the Simpson-Coates Sanitary Sewer District, Lift Station, Force Main and Trunk Line Sewer, pre- sented and read. Councilman Welu moved that the request be granted providing the consent of the Bonding Com- pang is secured. Seconded by Councilman Kolb, Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of William and Eliza- beth Maas requesting a refund in the amount of $50.00 on the un• expired portion of their Class "B" Beer Permit No. 40, as they have discontinued business on March 31, 1951, presented and read. Councilman Austin moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of William and Elizabeth Maas to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 40. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of William and Elizabeth Maas requesting a refund in the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 79, as they have discontinued business on March 31, 1951, pre- sented and read. Councilman Autstin moved that the request be ~fianted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of William and Elizabeth Maas to cover the amount of re- fund granted on the unexpired por- tion of their Cigarette Permit No. 79. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Council Proceedings for the month of November, 1950, present- ed for approval. Councilman Austin moved that the Council Proceedings for the month of November, 1950 be ap- proved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 31, 1951 Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: At a meeting of the City Council of the City of Du- buque, Iowa held on March 28, 1951 the following resolution was adopted: That the petition of Bert P. Kalb requesting that parking be restrict- ed on the North side of Seminary between the intersection of Madi- son Street and North Main Street be referred to the Chief of the Fire Department and the Chief of Police for recommendation and report. We find that this street is a nar- row street. Madison Street inter- sects this intersection at about a fifty degree angle. Main Street and North Main Street also do not intersect at right angles. Main Street and North Main Street do not intersect at the same place, there being a slight offset. The peculiar situation of these inter- r .><;. <} l Regular Session, April 2, 1951 239 sections and the narrow street does make maneuverability diffi- cult. There is considerable turning movement at these intersections. It is our recommendation that parking be restricted at all times on the North side of Seminary be- tween the intersections of Madison and North Main Streets. Respectfully yours, THOMAS HICKSON, Fire Chief JOS. H. STRUB, Chief of Police Councilman Kolb moved that the recommendation of Fire Chief Hick son and Police Chief Strub be ap- proved and proper proceedings prepared, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 2, 1951 To the Honorable Mayor and Members of ±he City Council City of Dubuque, Iowa Gentlemen: At the Council meet- ing of March 28, 1951 the matter of the purchase of city owned prop- erty located on Southern Avenue by C. J. MacInerney was referred to the Acting City Manager to con- fer with Mr. MacInerney. The prop- erty in question is in the rear of the property owned by Mr. Mac- Inerney, whose property fronts on Southern Avenue. A conference was held with Mr, MacInerney and he has submitted anew offer which is attached to this communication. Should Coun- cil decide to accept the new offer of Mr. C. J. MacInerney in the amount of $250.00 for the purchase of Part of Lot 1 of Mineral Lot 37 lying west of the Highway and Part of Lot 2 of Mineral Lot 37 lying west of the Highway, I would respectfully recommend that pro- per proceedings be ordered pre- pared, with the provision being inserted protecting the storm water sewer which has been constructed in this property. Respectfully submitted, J. J. SHEA, Acting City Manager Councilman Austin moved that the proposal submitted by Mr. C. J. MacInerney be not accepted, Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 2, 1951 To the Honorable Mayor and City Council, Dubugge, Iowa. Gentlemen: This is to advise that I have approved the following pol- icy and desire to have your ap- proval on same for filing: TAXICAB Art Pitz (City Cab Company), 2955 Washington Street, Policy No. 88309, National Indemnity Com- pany. Respectfully submitted, J, J, SHEA, Acting City Manager Councilman Austin moved that the bonds be approved and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 28th, 1951 Honorable Mayor and Members of the City Council Gentlemen: The claim of David J. Taylor in the amount of $16.00 for damage resulting to his car claimed to have occurred on Feb- ruary 15th, 1951, has been referred to this office for investigation and report. On investigation I fail to find any liability on the part of the City and recommend that the claim be denied. Respectfully, T. H. NELSON, City Solicitor Councilman Austin moved that the recommendation of City Solici- tor Nelson be accepted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, March 28th, 1951 Hon. Mayor and City Council of the City of Dubuque Gentlemen: The petition of Mrs. Mary Hier for suspension of real property taxes because of age has been referred to this office for in• vestigation and report, e~ 240 Regular Session, April 2, 1951 On investigation I find that the applicant is qualified under the provisions of the Statute and recommend that the petition be granted. Respectfully, 'l. H. NELSON, City Solicitor Councilman Welu moved that the recommendation of City Solicitor Nelson be accepted and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 2nd, 1951 The Honorable Mayor and Members of the City Council Dubuque, Iowa. Gentlemen: The Board of Dock Commissioners has entered an agreement to purchase Mineral Lots 294, 295, 296 and 297 in the City. of Dubuque from the owners for municipally owned water front purposes for the price of $30,000: 00. The acquisition of this property will vest the title of all of City Island in the City of Dubuque and we believe it is a necessary and worthwhile step. Consequently, the Board of Dock Commissioners of the City of Du- buque hereby petition your honor- able bodq to issue dock bonds in accordance with Section 384.3.11 of the 1950 Code of Iowa to provide funds with which to complete the purchase of this property. Respectfully submitted, BOARD OF DOCK COMMISSIONERS By J. A. Kerper, Chairman Councilman Welu moved that ac- tion be suspended on the request until an analysis of the program can be made by the City Manager and a report submitted to the Council. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 137-51 Preliminary approval of plans, specifications, Form of contract, plat and schedule and all other documents for the improvement of Fairway Drive from the West prop- erty line of St. Ambrose Street to the East property line of Bunker Hill Road, estimated cost $2,516.82, presented and read. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 138-51 Whereas, proposed plans, speci- fications,form of contract, plat and schedule have been duly prepared and approved by the City Council of the City of Dubuque and are now on file in the office of the City Clerk showing among other things the following: 1. The boundaries of the district, if any. 2, The streets to be improved. 3. The width of such improve- ment. 4. Each lot, proposed to be as- sessed together with a valuation fixed by the council. 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con• struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as• sessed against each lot, for the im- provement of Fairway Drive from the West property line of St. Am- brose Street to she East property line of Bunker Hill Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own• ers, deems it advisable and neces• sary for the public welfare to make the herein mentioned improve- ment, and unless property owners at the time of the final considera• tion of this proposed resolution have an file with the City Clerk objections to the amount of the proposed assessments they shall be deemed to have waived all objec• tions thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor M .:_~ . _,;;~ -: yY Regular Session, April 2, 1951 241 by the City Engineer which have been approved by the City Council and are now on file with the City Clerk. That the cost and expense of making said improvement will be assessed upon and against all pri- vately owned property lying within assessable distance provided by law and in an amount not to ex- ceed the amount provided by law, property will be assessed whether the same abuts. thereon or is ad- jacent thereto according to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assess- ments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. The railway portion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 2nd day of April, 1951. Approved: ROMOLO N. RUSSO,r Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved that the resolution be approved and placed on file for final action. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Fixing date of hearing) RESOLUTION N0. 139-51 Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- lution No. 137-51 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 improve- ment of Fairway Drive from the West property line of 5t. Ambrose Street to the East property line of Bunker Hill Road. and, Whereas, the proposed Resolu- tion of Necessity for said improve- ment has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 24th day of April, 1951, a public hearing will be held at 7:30 o'clock P.M, in the Council Cham- ber in the City of Dubuque at which time the owners of property subject to assessment for the pro- posed improvement may appear and make objection to the pro• posed plans and specifications and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot 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 reso• lotion have on file with the Clerk objections to the amount of the proposed assessment, they shall have been deemed to have waived all objections thereto, at which hearing the Council will hear such objections and enter on record its final decision thereon. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J, J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. 242 Regular Session, April 2, 1951 RESOLUTION N0.140-~51 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Donald J. Bowen, 2417 Rhomberg Avenue, Robert P. Schwegman, 1875 Uni- versity Avenue. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 141-51 Whereas, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Donald J. Bowen, 2417 Rhomberg Avenue. Ellas Mihalis, 574 East 16th Street. Mrs. Adele Geske, 253 West 1st Street, CLASS "C" PERMIT William J. White, 1993 Asbury Road. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELD, RAY KOI,B, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 142-51 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and be is directed to issue to the following named appli- cants aBeer Permit. CLASS "B" PERMIT Name Address Donald J. Bowen, 2417 Rhomberg Avenue. Ellas Mihalis, 574 East 16th Street, Mrs. Adele Geske, 253 West 1st Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd day of April, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V, AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. #. I 4~ 6 ~M Regular Session, April 2, 1951 243 RESOLUTION N0. 143-51 Resolution authorizing convey- ance of certain lands to M. B. Olansky. Whereas, M. B. Olansky has of- fered to purchase the following described real estate from the City of Dubuque for the price of One Thousand Dollars ($1,000); and Whereas the City Council has viewed the ground and has had the same appraised by a competent ap- praiser and deems the same unsuit- able to any purpose of the City of Dubuque: Now Therefore Be It Resolved: That the Mayor is hereby author- ized to execute a G~uit Claim Deed in the name of the City of Dubuque conveying all its right, title and in- terest in: The Northerly 150 feet of the South part of Lot 2 of Lot 3 of the Subdivision of Mineral Lot 158 in the City of Dubuque, Dubuque County, Iowa to M. B. Olansky of Dubuque, Iowa; That the City Clerk is hereby authorized and empowered to af- fix the Seal of the City of Dubuque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said M. B. Olansky upon re- ceipt of the agreed purchase price of One Thousand Dollars ($1,000) in cash: Passed, adopted and approved this 2nd day of April, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY .KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Application of Herbert Bisbing for a Class "B" Beer Permit, pre- sented and read. Councilman Welu moved that the application be referred to the City Solicitor for a written opinion. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that the matter of the purchase of a new road-mixing machine be referred to the Administrative Heads for immediate consideration and that proper proceedings be prepared. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Austin moved that Mr. E. Marshall Thomas be reap- pointed as a member of the Board of Adjustment for a term of five years, said term expiring March 5th, 1956. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Kolb moved to ad- journ. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk Approved ............... 1951 Adopted ................. 1951 Councilmen ...................................... Attest :................................................ City Clerk. 244 Special Session, April 24, 1951 City Council (Offlclal) Special Session, Apri124th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Meeting called by order of Coun- cilmen Welu and Kolb. Mayor Russo read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing on the proposed plans, specifications, form of contract and cost of im- provements, also resolution of nec- essity for the improvement of Fair- way Drive from the West property line of St. Ambrose Street to the East property line of Bunker Hill Road and acting on any other busi- ness as may properly crone before a regular meeting o fthe City Coun• cil. Proof of publication, certified to by the publishers, of notice of pub- lic hearing on the plans, specifica- tions, form of contract and cost of improvement for the improving of Fairway Drive from the West property line of St. Ambrose Street to the east property line of Bunker Hill Road, estimated cost $2,516.82, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of nonce of pen- dency of resohition of necessity and hearing upon proposed plans, specifications, form of contract and cost of improvement for the im- proving of Fairway Drive from the West property line of St. Ambrose Street to the Fast property line of Bunker Hill Road, presented and read. Councilman Welu moved that the proof of publication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Decision of Council upon obje~~ Lions to plans, specifications, form of contract and cost of improve- ments.) RESOLUTION N0. 143-51 Whereas, proposed plans and specifications and form of contract far the improvement of Fairway Drive from the West property line of St. Ambrose Street to the East property line of Bunker Hill Road have been approved by the City Council of the City of Dubuque and public notice given as provided by Chaptor 391 of the Code of Iowa, 1950, pertaining to public contracts and bonds, and the time and place fixed for the hearing of all obje~~ lions to said plans, specifications or contract for or cost of such im- provements, said time being this 24th day of April, 1951; and Whereas, the City Council met in special session this 24th day of April, 1951, at 7:30 o'clock P.M. at the Council Chambers in the City Hall for the purpose of hearing all interested parties and considering any and all objections which have been filed to the proposed plans, specifications or contract for or cost of the improvement herein described and proposed to be made; and Whereas, all interested parties have been given an opportunity to be heard and all objections which have been filed have been duly weighed and considered; now, therefore Be It Resolved by the City Coun- cil of the City of Dubuque, that all objections which have been made and filed to the plans, speci- fications, contract for or cost of said improvement herein described and proposed to be made, be and the same are hereby overruled and such plans, specifications and form of contract heretofore approved are hereby adopted. Be It Further Resolved that this resolution containing the decision of this Council upon all objections which have been filed to the plans, specifications and form of contract for or cost of said improvement be made a matter of permanent record _-~. ~~ ;., Special Session, April 24, 1951 245 in connection with said improve- ment. Passed, adopted and approved this 24th day of April, 1951. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Necessity for Improvement) RESOLUTION N0. 138-51 Whereas, proposed plans, speci- fications, 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 boundries of the district, if any. 2. The streets to be improved. 3. The width of such improve- ment. 4. Each lot proposed to be as- sessed together with a valuation fixed by the council, 5. An estimate of the cost of the proposed improvement, stating the same for each different type of con- struction and kind of material to be used. 6. In each case the amount there- of which is estimated to be as- sessed against each lot, for the im- provement of Fairway Drive from the West property line of St. Am- brose Street to the East property line of Bunker Hill Road. Be It Therefore Resolved that the City Council on its own motion or upon petition of property own- ers, deems it advisable and neces- sary for the public welfare to make the herein mentioned im- provement, and unless property owners at the time of the final cen- sideration of this proposed resolu- tion have on file with the City Clerk objections to the amount of the proposed assessments, 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- for by the City Engineer which have been approved by the City Council and are now on file with the City Clerk, 'That the cost and expense of making said improve- ment will be assessed upon and against all privately owned prop- erty lying within assessable dis- tance provided by law and in an amount not to exceed the amount provided by law, property will be assessed whether the same abuts thereon or is adjacent thereto ac- cording to area and in proportion to the special benefits conferred thereby, and any deficiency shall be paid out of the general fund, improvement funds or sewer funds, or partly out of each of said funds. Bonds shall be issued and sold in anticipation of deferred payments of assessments when a contract has been performed and accepted and the proceeds thereof used to pay the contractor. Tho railway por- tion of any street or assessment district shall be assessed to and paid by the railway company. The above resolution was intro- duced, approved and ordered plac- ed on file with the City Clerk this 2nd day of April, 1951. The foregoing resolution was finally passed and adopted, as pro- posed, by the City Council this 24th day of April, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the resolution. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. (Ordering Construction) RESOLUTION N0. 144-51 Be It Resolved by the City Coun- cil of the City of Dubuque that pursuant to a resolution of neces- sity No. 138-51 which was duly passed by this Council, for the 246 Special Session, April 24, 1951 improvement of Fairway Drive from the West property line of St. Ambrose Street to the East prop- erty line of Bunker Hill Road be and the same are hereby ordered and constructed by this Council upon its own' motion and with or without the petition of property owners. All the work shall be con- structed in accordance with the plans and specifications heretofore adopted and now on file in the of- fice of the City Clerk, Be It Further Resolved that the cost and expense of the said im• provements be paid for by levying special assesments against the pri- vately owned property lying within the assessable distance from the improvements, a~hether such prop- erty abut upon the same or are adjacent thereto, according to the area thereof and in proportion to the special benefits conferred, and any deficiency will be paid out of the general, improvement, or sewer funds of the city, or partly from each of such funds. Payment will be made to the contractor out of funds realized from the sale of bonds to be issued in anticipation of deferred payments of assess- ments as provided by law after the work has been completed and accepted by the City Council. Be It Further Resolved that the City Clerk be and he is hereby ordered and directed to advertise for proposals for the construction of the various improvements here- in provided for in the manner pro- vided by law, the said improve- ments shall be completed on or before 30 calendar days after notice to proceed is issued. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity shall be in force and effect from and after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIlV, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second• ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Eldon A. Adams in the amount of $11.88 for damages to his car caused in strik- ing adepression in the street at the intersection of Merchants Lane and Gold Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for recommendation and report. Seconded by Council- man Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Notice of Claim of Oliver Mc- Comber, by J. E. Whelan, his at- torney, in the amount of $10.00 for damages to his ear due to scrap- ing his car door on a pile of ice while parking between 7th and 8th Streets of Main Street, present- ed and read. Mayor Russo moved that the No- tice of Claim be referred to the City Solicitor for recommendation and report. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of A. 0. Cowie, Claim Manager, Service Fire In- surance Company, with reference to the claim of Dave Taylor in the amount of $19.00 for damages to his car as a result of flying sand while city men were spreading the same, south of the City Limits on Highway No. 35, presented and read. Mayor Russo moved that the communication be received and fil- ed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Original Notice of Suit of Irma Wallis, Plaintiff vs. City of Du- buque, Defendant, in the amount of $2,000.00 and costs of action for injuries received in a fall on an icy crosswalk at East 19th Street .,; , t a4 Special Session, April 24, 1951 247 and Central Avenue, presented and read. Mayor Russo moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Communication of Glen L. Al- bert with reference to the delivery of mail and the placing of street lights on Adair Street, presented and read. Councilman Welu moved that the matter of the street lights be re- ferred to the City Manager and Electrical Inspector for recom- mendation and report. Seconded by Mayor Russo. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. Communication of Mrs. W. R. Gruwell, Pres. Chapter HL, PEO Sisterhood, commending the action taken by the City Council regard- ing the use of Washington Park as a parking lot, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Austin. Carried by the following vote: . Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of the Central Avenue Business District Council expressing their gratitude for the prompt removal of the snow from Central Avenue during the past winter season, presented and read, Councilman Austin moved that the communication be received and filed with gratitude. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None. Communication of the Star Span• gled Banner Flag House Associa- tion with reference to the issuance of a proclamation designating June 10.16 at "National Flag Week" and suggesting that a Committee be appointed to carry through a well-planned and effective pro- gram, presented and read. Councilman Schueller moved that the Mayor be authorized to issue the proclamation as requested. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Rev. Wm. J. Menster submitting his resigna- tion as a member of the City Rec- reation Commission, as representa- tive for the parochial schools of Dubuque, presented and read. Councilman Austin moved that the resignation be accepted and that Rev. Eugene Weimer be ap- pointed to fill the vacancy. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of E. Marshall Thomas advising Council that it is necessary that he decline the ap- pointment as a member of the Board of Adjustment, presented and read. Councilman Austin moved that the resignation of E. Marshall Thomas as a member of the Board of Adjustment be accepted with regret. Seconded by Mayor Russo. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of The Kroger Company advising Council that they are sincerely grateful for the fine cooperation of the City in help- ing to make the climax of their pro- motion in Dubuque such a success, presented and read. Councilman Schueller moved that the communication be received and filed. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 4, 1951 City of Dubuque Dubuque, Iowa Gentlemen: U.S.G.Co. Bond No. 1756818-19-Thos. Flynn Coal Com- pany in favor of City of Dubuque, Dubuque, Iowa-$37,903.00 Con- tract Bond for construction of a reinforced concrete lift statioh, vitrified the trunk line sewer, cast 248 Special Session, April 24, 1951 iron force main and vitrified the overflow line to serve the 5impson- Coates Street sewer district-Con- tract Price $49,204,00. The United States Guarantee Company, as surety, executed effec- tive September 15, 1950 on behalf of Thos. Flynn Coal Company, in favor of City of Dubuque, Dubuque, Iowa the contract bond described above. We have been informed that the City of Dubuuge, Dubuque, Iowa has granted the Thos. Flynn Coal Company athirty-day extension of the completion date of work cov- ered by the above bond subject, of course, to approval and accept- ance by the bonding company. This letter will serve as the con- sent of the United States Guarantee Company to a thirty-day extension of the completion date of work covered by the above bond. Yours very truly, United States Guarantee Company Trevor G. Roberts. Mayor Russo moved that the communication be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa Secretary of State Des Moines, Iowa April 3, 1951 Mr. J. J. Shea, City Clerk Dubuque, Iowa. Dear Sir: We acknowledge re- ceipt of your letter of March 22, 1951 together with certified copy of Resolution No. 129-51 annex- ing certain territory to the City of Dubuque, also Plat in connection with same. We have filed said Plat and Resolution in this office. Very sincerely, Melvin D. Synhorst Secretary of State Clarice M. Hayes Chief Clerk State Land Office Councilman Kolb moved that the communication be received and made a matter of record. Seconded by Councilman Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 13, 1951 To the Honorable Mayor, City Council and City Manager Dubuque City Hall Dubuque, Iowa. Gentlemen: Attached please find fuel calculations based on cost of materials as of April 1, 1951, in compliance with provisions of Or- dinance 10--49. These Figures indicate that the base rates as set forth in the Or- dinance should be increased one cent per M.C.F. effective on all billings beginning May 1, 1951- thus leaving rates the same as at present. Respectfully submitted, The Key City Gas Company, Richard V. McKay Secretary-Manager Councilman Welu moved that the communication be received and made a matter of record and that the fuel calculations report be plac- ed on file. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Ken Fenelon request- ing permission to use the Carnival grounds next to the Ball Park on 4th Street Extention on the dates of July 15th through July 22, 1951, presented and read. Councilman Kolb moved that the request be granted upon payment of the customary fees. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Dr. John A. Link re- questing the rezoning of Lot 2 of Lot 2 of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Sub. from pres- ent two family zone to multiple family zone, presented and read. Councilman Kolb moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. '+ , _~x ,,1 ;~. Special Session, April 24, 1951 249 Petition of John J. Blocker and others requesting the construction of curb and gutter on Avoca Street from Cherry Street to Rosedale Street, presented and read. Councilman Kolb moved that the request be granted and that a plat and schedule be prepared for the improvement as requested. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of A. A, Helling, Jr. requesting that a street grade be established on Finley Street be- tween Cherry Street and Popular Street, presented and read. Councilman Welu moved that the petition be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of The Military Order of the Purple Heart requesting per- misison to display one and pos- sibly two of their touring exhibits during different periods of time during the coming year, presented and read. Mayor Russo moved that the re• quest be granted upon determina- tion by the City Manager of ap- propriate dates, Seconded by Coun- cilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of The American Cancer Society requesting permission to have a Street Tag day solicitation on Friday evening April 27th and Saturday, Apri128th, 1951, present- ed and read. Councilman Welu moved that the request be granted, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of George M. Refle re• questing that a grade be establish- ed on the alley between Rosedale Avenue and Green Street running from Asbury Street to Avoca Street, presented and read. Councilman Austin moved that the petition be referred to the City Manager. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Donald A. Callahan and others requesting the installa- tion of a street light at the inter- section of Loras Blvd, and Cum- mings Street, presented and read, Councilman Welu moved that the petition be referred to the City Manager and Electrical Inspector for their recommendation and re- port. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Hartig Drug Company requesting a refund in the amount of $25.00 on the unexpired portion of their Cigarette Permit No. 141 as they have discontinued business as of March 31,1951, presented and read. Mayor Russo moved that the re- quest be granted and the City Auditor instructed to draw a war- rant in the amount of $25.00 in favor of Hartig -Drug Company to cover the amount of refund grant- ed on the unexpired portion of Cigarette Permit No. 141, Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mrs. Eleanor Glynn requesting a refund in the amount of $100.00 on the unexpired por- tion of her Class "B" Beer Permit No. 108 as she has discontinued business on Apri124, 1951, present- ed and read. Councilman Kolb moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $100.00 in favor of Mrs. Eleanor Glynn to cover the amount of refund grant- ed on the unexpired portion of her Class "B" Beer Permit No. 108. Seconded by Councilman Schuel• 250 Special Session, Aprfl 24, 1951 ler. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Donald F. Huntoon, for Mrs. C. B. '1'rewin and Mrs. Dorothy Huntoon, owners of prop- erty at 512 Fenelon Place request- ing that the City take immediate steps to provide relief from over- flow water and repair the damage that has occured to their retain- ing wall in the storm of February 24th, 1951, presented and read. Councilman Austin moved that the petition be referred to the City Manager and City Solicitor. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Vic J. Grice and oth- ers requesting that Victoria Street be oiled, presented and read, Councilman Austin moved that the petition be referred to the City Manager. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of George F. Wagner and Wm. Oakley requesting that the alley between Edith Street and the alley which runs from Bruns- wick Street to Burden Avenue and adjoining Lot 113 on the West and Lot 71 on the East, be vacated, presented and read. Councilman Kolb moved that the petition be referred to the Plan• ning and Zoning Commission for their recommendation and report. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of George F, Wagner and others requesting that proceed- ings be initiated for grading the alley running from Burden Avenue to Brunswick Street and between O'Neill Street and Edith Street, presented and read, Councilman Schueller moved that the petition be referred to the City Manager. Seconded by Coun- Gilman Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of George Saffron re• questing a sixty day extension of time on his contract for the con- struction of the Simpson-Coates Street sanitary sewer, presented and read, Councilman Kolb moved that the petition be referred to the City Manager and City Solicitor for re- port, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None. Petition of A. G. Newburgh and others requesting the vacation of the. alley between Victoria Street and Grandview Avenue, presented and read. Councilman Kolb moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. To the Honorable Mayor, City Manager and City Councll of the City of Dubuque, Iowa: By ordinance of the City Council of the City of Dubuque, Iowa adopt- ed January 17, 1918 as appears in the Council proceelings of 1918, Book 48, Page 13, it was provided that "that part of Camp Street be- tween Block 19 and Block 25, Du- buque Harbor Companies Addi- tion from South Main St. to Chi- cago, Milwaukee and St. Paul Rail• way Companies right of way be and the same is hereby vacated and an- nulled and the permanent use of the respective portions thereof ad- joining the various lots abutting thereone is hereby granted to the owners and proprietors of said lots as contemplated by statute in such cases." Although the permanent use of the vacated street was granted to the abutting owners, no deed was executed by the City of Dubuque, and Standard Oil Company, an In- diana corporation, and Crescent ,•+, ey >w a,: ~. Special Session, April 24, 1951 251 Realty Corporation, an Iowa cor- poration, are the present owners of the property abutting upon said vacated street and the vacated street has been used and occupied for private purposes since the adop- tion of said ordinance. A plat has been prepared and executed, a copy of which is at- tached to this petition, subdividing the vacated portion of said street and designating the north half of said vacated street as Lot A, Block 19 Dubuque Harbor Co.'s Addition and designating the south half of the vacated portion of said street at Lot A, Block 25 Dubuque Har- bor Co.'s Addition. Wherefore, these petitioners pray that a resolution be adopted by the City Council of the City of Dubuque, Iowa, authorizing and directing the Mayor and City Clerk of said City to make, execute and deliver a quit claim deed to Cres- cent Realty Corporation covering Lot A, Block 19 in Dubuque Har- bor Co.'s Addition and to make, execute and deliver a quit claim deed to Standard Oil Company, an Indiana corporation, covering Lot A, Block 25 in Dubuque Harbor Co.'s Addition. Respectfully submitted this 24th day of April 1951. STANDARD OIL COMPANY, By L, A. DAY, Manager, Mason City, Iowa CRESCENT REALTY CORPORATION by CLEWELL & GOONEY Its Attorneys Councilman Austin moved that the petition be received and made a matter of record. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 145-51 Whereas, the City of Dubuque, Iowa, adopted a certain ordinance on January 17, 1918 vacating that part of Camp Street between Block 19 and Block 25 of Dubuque Har- bor Co.'s Addition and granting the permanent use of the respec- tive portions thereof to the adjoin- ing owners and proprietors, and Whereas, Standard Oil Company, an Indiana corporation, is now the present owner of the portion of said vacated street abutting Block 25 Dubuque Harbor's Co: s Ad- dition and Crescent Realty Corpora- tion is the owner of that portion of said vacated street abutting Block 19 Dubuque Harbor Co.'s Addition, and Whereas, the owners of said abutting property have caused the vacated areas to be platted and descriptions assigned to the re- spective portions as hereinafter set out, and Whereas, said property has been used for private purposes ever since 1918, Now Therefore Resolved by the City Council of the City of Du- buque, Iowa, that the Mayor and City Clerk be and they are hereby authorized and directed to make, execute and deliver a quit claim deed to Standard Oil Company an Indiana corporation, covering Lot A, Block 25 Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, and to make, execute and deliver a quit claim deed to Cres- cent Realty Corporation, an Iowa corporation, covering Lot A, Block 19 Dubuque Harbor Co.'s Addition in the City of Dubuque, Iowa, all as shown on the plat prepared by Carl F. Bartels, Civil Engineer, dated January 29, 1951. Adopted this, 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P, WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N, 5CHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb 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 252 Special Session, April 24, 1951 Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Mayor Russo moved that Coun- cil recess and convene as a Board of Health, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-Nona, Council recessed at 8:30 P.M. and reconvened at 9:00 P.M. November 10, 1950 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning & Zon- ing Commisison wishes to inform you that the final plat of Block 1, Steger Heights Subdivision has been examined and approved by 'said Planning & Zoning Commis- sion being found to be in proper form. Therefore, we respectfully recommend its approval by your Honorable Body. Yours very truly, The Dubuque Planning & Zoning Commission By R. V. McKay Secretary Councilman Kolb moved that the recommendation of the Planning and Zoning Commission be ap- proved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of O'Connor, Thomas & O'Connor, by E. Marshall Thomas, submitting plat of Steger Heights, which plat shows the subdivision lying outside the City Limits, and requesting Council approval of said plat, presented and read. Councilman Welu moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 1451 Resolution approving plat of Block 1, Steger Heights, Dubuque Township, Dubuque County, Iowa, lying within one mile outside the city limits of the City of Dubuque, Iowa. Whereas, a final .plat of Block 1 in Steger Heights, Dubuque Township, Dubuque County, Iowa, has been submitted to the City Council of the City of Dubuque, Iowa, for approval; and, Whereas, it appears that said plat complies with all the require- ments of Ordinance 23--45 of the City of Dubuque, Iowa; and, Whereas, said plat has been ap- proved by the Planning and Zon- ing Commision and their approval is endorsed on the plat, Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa: That the final plat of Block 1, Steger Heights in Dubuque Town• ship, Dubuque County, Iowa, a Subdivision lying within one mile outside the City limits of the City of Dubuque, Iowa be and the same is hereby approved and the dedication of Prysi Street and Ethel Avenue for public purposes is hereby accepted and approved and the Mayor and the Clerk of the City of Dubuque, Iowa are hereby authorized to endorse the approval of the City Council of the City of Dubuque, Iowa on the aforesaid plat, Passed and adopted this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTiN, LEO N. SCHUELLER, Councilmen. (City Seal) Attest: J, J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 Honorable Mayor, Members of the Council, and City Manager Dubuque, Iowa. Gentlemen: The Board of Educa- tion of the Independent School District of Dubuque, Iowa, request that the City Council make avail- able utilities, such as water and sewer connections, for the new Irv- '~~ . Special Session, April 24, 1951 253 ing Elementary School to be locat- ed on the road adjoining Penn- sylvania Avenue. Thanks kindly. Sincerely yours, M. R. CLARK, Superintendent Councilman Kolb moved that the petition be referred to the City Manager for study and to submit a report back to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None, April 11th, 1951 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: You have referred to this office for opinion the follow- ing question: "May the City of Dubuque legal- ly permit the Independent School District of Dubuque to discharge the sewage from one of its schools located outside of the City Limits into the sewer system of the City?" You are advised that the City of Dubuque is a body of limited powers and has no power to con- struct sewers other than is given to it by Statute or necessarily im- plied. Ihave been unable to locate any Statute authorizing the City to extend its sewer system beyond the City limits except for discharge purposes or when operated jointly with another City or town. The Iowa Courts have never ruled on the question whether the power to provide sewage for ad- jacent territory may be necessarily implied from the City's power to provide for the public health. How- ever, there is authority for the proposition that, in the interests of public health, the City may con- tract to sell any excess sewer ca- pacity to adjacent territory. Mc- Quillen Municipal Corporations Sec. 1566; Estes Park vs. Mills, 65 P (2d) 1086 (Cal.); Lexington vs. Jones, 160 S.W. (2d) 19 (Ky.). Consequently, it is my opinion that the City may lawfully contract with the School District to permit the School District to discharge its sewage into any existing City mains that have an excess capacity and to continue to do so as long as such an excess capacity exists. The cost of bringing such sewage to the existing main within the City limits would of course, have to be borne entirely by the School District and in the event the ter- ritory within the City became so developed that an excess capacity no longer existed then facilities outside the City would be required to disconnect. In the event any of the residents of the City were damaged because the discharge of the School's sew- age overburdened the existing sew- er and placed a greater burden on the sewer than it was designed to receive then I believe the City would probably be liable for such damages. Therefore before any contract is entered into for the use of any existing sewer, the City Engineer should first certify to the Council that an excess capacity exists and the School District should under- take to hold the City harmless from any damage resulting from such burden. Respectfully submitted, T. H. NELSON Councilman Kolb moved that the report of the City Solicitor be re- ferred to the City Manager for study and to submit a report back to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 11, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: You have referred to this office for opinion the question: "May the City of Dubuque legal- ly establish a grade on Pennsyl- vania Avenue outside the corporate limits?" Upon investigation I learn that Pennsylvania Avenue outside the corporate limits is a county road and as such not under the jurisdic- tion of the City. Therefore, I do not believe that the City Council has any authority to establish a grade on this road nor to take any action in connection therewith that will be binding on any future Council. Though not bearing directly on the problem, since no subdivisions 254 Special Session, April 24, 1951 seem to be involved, the follow- ing is appended for information purposes only: Section 409.14 of the Code of Iowa provides, in part: "No County Auditor or recorder shall hereafter file or record, nor permit to be filed or recorded, any plat purporting to lay out or sub- divide any tract of land into lots or blocks * * '° within one mile of the limits of such City unless such plat has been first filed with and approved by the Council of such City * " * and by the City plan commission. "For the information of the City Council and the City plan com- misison * * 'k and to facilitate ac-, tion on proposed plats, the City Council shall have authority by Ordinance to prescribe reasonable rules and regulations governing the form of plats and require such data and information to accompany same on presentation for approval * * * ,~ Pursuant to the authority of this Section the City of Dubuque adopt- ed Ordinance No. 23-45 which, among other things provides that the submitted plat shall show: "The widths of each proposed street, and the width of each part thereof. A separate profile of each established and proposed street, road and alley drawn to a recom- mended horizontal scale of forty feet per inch and a vertical scale of four feet per inch showing grades along roadway centerline." Respectfully submitted, T. H. NELSON Councilman Kolb moved that the report of the City Solicitor be re- ferred to the City Manager for study and to submit a report back to the City Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: On May 5, 1947 the undersigned submitted an offer of $50.00 each to the City Council for the purchase of that part of lots number 4 and 5 of Rowan's Addition lying west of the Dubuque Cascade Road. The City Council subsequently viewed the grounds and apparent- ly agreed to accept the offer, how- ever, no formal acceptance was made at that time by the City Council. Following the viewing of the grounds by the Council, the applicant deposited $100.00 with the City Manager in full payment for the property in accordance with the offer. The City has retain- ed this deposit but since no formal action was taken by the Council the transfer of the property has not been completed. I hereby request that the neces- saryformal action betaken to com- plete the transaction. Respectfully submitted, George J. Cable. Councilman Wehi moved that the petition be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. April 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Regarding the com- munication of George Cable, I have investigated the previous actions and personally viewed the property in question. The statements as made are in accord with the facts and I, therefore, recommend the offer be accepted in the amount of one hundred dollars. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 147-51 Resolution authorizing convey- ance of certain lands to George Cable. Whereas, George Cable has here- tofore offered to purchase the hereinafter described p r o p e r t y from the City of Dubuque, Iowa for the sum of one hundred dol- lars ($100,00); and, .~ A-: , Special Session, April 24, 1951 255 Whereas, the said offer has here- tofore been accepted by the City of Dubuque and the agreed con- sideration paid into the City of Du- buque; and, Whereas, the City Council deems said premises unsuitable for any purposes of the City of Dubuque; Now, Therefore, Be It Resolved: That the doings of the City of Du• buque in accepting said offer are hereby ratified and the Mayor is hereby authorized to execute a Quit Claim Deed in the name of the City of Dubuque conveying all of its right title and interest in and to: That part of Lot four (4) and lot six (6) of Rowan's Addition lying west of Dubuque Cascade Road in the City of Dubuque, Dubuque County, Iowa. to George Cable of Dubuque, Iowa; That the City Clerk is hereby authorized and empowered to af- fix the Seal of the City of Du- buque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said George Cable upon re- ceipt of the agreed purchase price of one hundred dollars ($100,00) in cash; Passed, adopted and approved this 24th day of April, 1951. ROMOLO N, RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Welu moved the adoption of the resolution. Sec• ended by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. April 17, 1951 To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: On June 20, 1947 the undersigned submitted an offer to the City Council in the amount of $25.00 for the purchase of frac- tional parts of Lots 21 and 22 of Randall's Sub. No. 2. On March 17, 1950 an offer of $50.00 was made by the applicant for the purchase of the property. The ap- plicant has on deposit with the city a check in the amount of $50.00 in accordance with the offer submitted. The Council viewed the grounds and at the meeting of March 28, 1950, suggested that a plat be pre- pared showing the parcels of prop- erty under consideration. Kindly find the attached plat of the survey of the property which I .have had prepared and herewith submit for your formal acceptance in order that proper proceedings may be prepared for the transfer of the property. Respectfully submitted, John P. Welp Councilman Kolb moved that the petition be received and filed. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Retarding the com- munication of John B. Welp, 1 have investigated thoroughly the action that has previously been taken and have personally inspect- ed the parcels of property. This property is of value only to the petitioner and I, therefore, recom• mend that the offer be accepted in the amount stated. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the Mayor be authorized to execute the plat of the Subdivision of Lot 2 of Lot 22 of Randall's Sub. No. 2 and also the plat of the Subdivision of Lot 21 of Randall's Sub. No. 2 and of the Subdivision of Lot 22 of Randall's Sub. No. 2 on behalf of the City of Dubuque, Iowa. Second- 256 Special Session, April 24, 1951 ~ ~ Special Session, Aprll 24, 1951 257 ed by Councilman Schueller. Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 148-51 Resolution authorizing convey- ance of certain ]ands to John B. Welp. Whereas, John B. Welp has here• tofore offered to purchase the hereinafter described p r o p e r t y from the City of Dubuque, Iowa for the sum of Fifty Dollars ($50.00); and, Whereas, the said offer has here- tofore been accepted by the City of Dubuque and the agreed con• sideration paid into the City of Dubuque; and, Whereas, the City Council deems said premises unsuitable for any purposes of the City of Dubuque; Now, Therefore, Be It Resolved: That the doings of the City of Dubuque in accepting said offer are hereby ratified and the Mayor is hereby authorized to execute a Quit Claim Deed in the name of the City of Dubuque conveying all of its right title and interest in and to: Lot 1 of subdivision of Lot 2 of Lot 22 of Randall's Subdivision No. 2 and Lot 2 of subdivision of Lot 21 of Randall's Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa to John B. Welp of Dubuque, Iowa; reserving the right, however, in the City of Dubuque to maintain the storm sewer now in place in said premises, That the City Clerk is hereby authorized and empowered to af- fix the Seal of the City of Dubuque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said John B. Welp upon re- ceipt of the agreed purchase price of Fifty Dollars ($50.00) in cash; Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller, Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 19, 1951 Mr. J. L. Schiltz City Manager Dubuque, Iowa. Dear Sir: The city assessor's of- fice several weeks ago was asked for an appraisal of two certain pieces of property, one located on Booth Street off Dodge, the other located on Southern Avenue. The price set was one thousand dol- lars for the Booth Street property and three hundred dollars for the Southern Avenue property, This information was given verbally over the telephone and some mis- understanding seems to have arisen. Therefore, I take this means to inform you writing the correct amounts. HARRY J. HANOVER City Assessor Councilman Kalb moved that the report be received and made a matter of record. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mettel Realty & In- vestment Company submitting of- fer in the amount of $250.OD for the purchase of the northerly 60 feet in width of Lot 1 of Mineral Lot 37 and the northerly 60 feet in width of Lot 2 of Mineral Lot 37, presented and read. Councilman Schueller moved that the offer be accepted. Second- ed by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Met- tel Realty and Investment Com- pany regarding the purchase of certain porperty on Southern Av- enue has been thoroughly investi- gated and I wish to report the fol• lowing: •~a , _'~ u~ Negotiations have been complet- ed whereby the City retains the bulk of the lots and release only the westerly sixty feet, which is the only usable part to the peti- tioners. Everyone is in accord with this arrangement and I, therefore, recommend to the City Council that the offer of two hundred and fifty dollars ($250.00) be accepted. Respectfully. submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 149-51 Resolution authorizing convey- ance of certain lands to Mettel Realty & Investment Co. Whereas, the Mettel Realty & In• vestment Co, has heretofore offered to purchase the hereinafter de- scribed porperty from the City of Dubuque, Iowa for the sum of two hundred and fifty dollars ($250.00); and Whereas, the City Council has viewed the grounds and has had the same appraised by a competent appraiser and deems the same premises unsuitable for any pur- pose of the City of Dubuque; Now, Therefore, Be It Resolved: That the said offer of Mettel Realty & Investment Co. to pur- chase the following described premises is hereby accepted; That the Mayor is hereby author- ized to execute a Quit Claim Deed in the name of the City of Du- buque conveying all of its rights, title and interest in and to: The northerly sixty feet (60') in width of lot 1 of Mineral Lot 37 and the northerly sixty feet (60') in width of lot 2 of Mineral Lot 37, in the City of Dubuque, Dubuque County, Iowa to Mettel Realty & Investment Co, of Dubuque, Iowa; reserving the rights, however, in the City of Dubuque to maintain the storm sewers now in place in said premises, That the City Clerk is hereby authorized and empowered to affix the Seal of the City of Dubuque to said deed; That the City Clerk is hereby authorized to deliver said deed to the said Mettel Realty & Invest- ment Co. upon receipt of the agreed purchase price of two hun- dred fifty dollars ($250,00) in cash; Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOhB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution, Second- ed by Councilman Kolb, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Annual Repot~t of the Librarian of the Carnegie-Stout Free Public Library, presented and read. Mayor Russo moved that the re- port be received and placed on file. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Annual Report of the Board of Library Trustees of Carnegie-Stout Free Public Library, presented and read. Councilman Kolb moved that the report be received and placed on file. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrant were drawn dur- ing the month of March, 1951, pre- sented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. ~i 258 Special Session, April 24, 1951 ORDINANCE N0. 22-51 An Ordinance repealing Ordi- nance No.1-51 and Ordinance No. 4-51; amending Ordinance No. 33 -,49 by repealing Schedules II and HI thereof, and enacting substi- tutes thereof; and adding a new section to Paragraph 2 of Schedule N; and providing a penalty for a violation thereof, said ordinance having been passed upon first read- ing on March 28th, 1951 and order- ed placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented for final adoption. ORDINANCE N0. 22-51 An Ordinance repealing Ordi- nance No. 1-51 and Ordinance No. 4-51; amending Ordinance No. 33 -49 by repealing Schedules II and III thereof, and enacting substitutes therefor; and adding a new section to Paragraph 2 of Schedule N; and providing a penalty fora vio- lation thereof. Be It Ordained by the City Coun- cil of the City of Dubuque: Section 1. That Ordinance No. 1-51 be and the same is hereby repealed. Section 2. That Ordinance No. 4-51 be and the same is hereby repealed. Section 3. That Schedule II of Or- dinance No. 33-49 be and the same is hereby repealed and the following adopted in lieu thereof. SCHEDUhF. II In accordance with the provi- sions of Section 12.3 and when signs are erected giving notice thereof, drivers of vehicles shall stop at every intersection before entering any of the following streets which are designated 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 from the north line of Fourth 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 its junction with Locust Street and Locust Street north to the north line 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 the east property line of Central av- enue to the east line of Elm Street; thence on Rhomberg Avenue to the west approach of the Dubuque- Wisconsin Bridge; F. East 14th Street from the west line of Elm Street to the east line of Central Avenue; G. Loras Boulevard from the west line of Central Avenue to the north property line of University Boulevard; H. East 12t1r Street from the east property line of Elm Street to the east line of Central Avenue; I. West 12th Street from the west line of Central Avenue to the east line of Locust Street; thence from the west line of Locust Street to the west property line of Grove Terrace; Grove Terrace to the north line of Arlington Street from 12th Street; Arlington Street from Grove Terrace to the west line of Highland Place; J. Eighth Avenue from the west line of Central Avenue to the ex- tention of the west line of Hill Street; K. University Avenue from the north property line of 8th Avenue to its westerly terminus at the city limits; L, Hill Street from the extension 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 line of College Street; N, West 3rd Street from the west property line of Hill Street to the east line of North Grandview Av- enue; 0. Dodge Street from the west line of Locust Street to its westerly terminus at the city limits; P. 4th Street from the east line of Central 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; and from the south and east line of Rockdale Road to its east- erly terminus; R. Windsor Avenue from the north property line of Rhomberg Avenue, to the south property line of Davis Avenue; .~. ~a ~A Special Session, April 24, 1951 259 S. Main Street from the south line of Jones Street to the south line of 4th Street; and from the north line of 4th Street to the north line of West 17th Street; T. Algona Street from the inter- section of University Avenue to St. Joseph Street. U. Iowa Street from the north line of 4th Street to the south line of 8th Avenue; from the north line of 8th Avenue to the south line of West 12th Street; and from the north line of West 12th Street to the south line of Loras Boulevard. V. White Street from the north line of East 4th Street to the south line of East 14th Street; £rom the north line of East 14th Street to the south line of East 17th Street; and from the north line of East 17th Street to the south line of East 20th Street. Section 4. That Schedule III of Ordinance No. 33.49 be and the same is hereby repealed and the following adopted in lieu thereof: SCHEDULE HI In accordance with Section 12.4 the following are designated as Stop Intersections and when signs are erected giving notice thereof, drivers of vehicles shall stop be- fore entering said intersections from directions indicated: A. Eastbound and westbound vehicles must stop before entering: Washington Street at East 29th Street; Elm Street at East 29th Street. B. Northbound and southbound vehicles must stop before entering: Rosedale Street at Avoca Street; East 21st Street at Washington Street; East 21st Street at Elm Street. Fourth Street at White Street. East 17th Street at White Street. C. Westbound vehicles must stop before entering: Bluff Street at West Third Street. Section 5. That Paragraph 2 of Schedule IV of Ordinance No. 3349 be amended by adding thereto a new section as follows: t. Both sides of East 6th Street from White Street to Central Av enue. Section 6. 't'hat this Ordinance shall become effective ten (10) days after its final passage, adoption and publication as provided by law. Passed upon first reading this 28th day of March, 1951. Passed, adopted and approved upon final reading this 24th day of April, 1951, ROMOLO N. RUSSO, Mayor, CLARENCE P. WELD, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 30th day of April, 1951. J. J. SHEA, City Clerk Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 23-51 An Ordinance amending and changing the zoning map of the City of Dubuque as provided by Ordinance No. 3-34 so as to change certain property herein- after described from "Local Busi- ness District Classification" to "Business District Classification," said ordinance having been passed upon first reading on April 2nd, 1951 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was pre- sented for final adoption. ORDINANCE N0. 23-51 An Ordinance Amending and changing the zoning map of the City of Dubuque as provided by Ordinance No. 3-34 so as to change certain property herein- after described from "Local Busi- ness District Classification" to "Business District Classification." Whereas, the Planning and Zon- ing Commission has filed a report recommending the rezoning from Local Business District Classifica- tion to Business District Classifica- tion of certain hereinafter describ- ed property located on the North- erly side of Dodge Street; and 260 Special Session, April 24, 1951 ~ Special Session, April 24, 1951 261 Whereas a public hearing on the question of such proposed rezoning was held on the 2nd day of April, 1951, at 7;30 o'clock P.M. at the City Hall in Dubuque, Iowa, pur- suant to due and legal notice and all parties in interest and all citi- zens were given an opportunity to be heard at said hearing; and Whereas the City Council deems such rezoning to be necessary and proper; Now, Therefore Be it Ordained by the City Council of the City of Dubuque: Sec. 1. That any or all objections to said proposed rezoning are here- by overruled. Sec. 2. That the Zoning Map and Ordinance No. 3-34, being the Zoning Ordinance, be and the same are hereby amended and changed as follows: By changing from "Local Busi- ness Classification" to "Business Classification" the following de- scribed property: Beginning at the northwest cor- ner of Dodge and Bluff Street, thence southwesterly along the northerly property line of Dodge Street to the east property line of Peabody Street; thence northwest- erly along said easterly property line of Peabody Street a distance of 100 feet; thence northeasterly along a line lying 100 feet north- erly of and parallel to the north property line of Dodge Street to a point 100 feet west of the westerly property line of Bluff Street; thence southeasterly to the south- east corner of Lot 1 of the Sub- division of Lot 2 of City Lot 598; thence south along the west prop- erty line of Bluff Street to the northwest corner of Dodge and Bluff Street, which is the point of beginning; Section 3. That this Ordinance shall be in full force and effect ten (10) days from and after its final passage, adoption and publica- tion as by law provided. Passed on first reading this 2nd day of April, 1951. Rule requiring reading on three separate days suspended this 2nd day of Apri1,1951. Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper this 30th day of April, 1951. J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 2451 An Ordinance amending Or- dinance No. 39-49, being "an Or- dinance establishing parking regu- lations on certain parts of Semin- ary Street and other streets," by repealing Section 1 (1) thereof and enacting a substitute therefor and providing a penalty for violation thereof, presented and read. Councilman Kolb moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the rules be suspended requiring an ordinance to be read on three sep- arate days. Seconded by Council- man Austin. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. -;+ . F i~ yi ii April 3, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: On the dates of June 13, 14, and 15th, 1951 President Truman has called a meeting of the Presidents Highway Safety Council to be held in Washington, D. C. The last meeting was held three years ago. Captain Wilfred Andresen of our Police Department is a member of the National Inventory Advisory Committee. Captain Andresen at- tended the last meeting and has been invited to again attend and participate in this meeting. I would like to suggest that Cap- tain Andresen be permitted to at- tend this meeting at city expense. Respectfully yours, JOS. H. STRUB, City of Police Councilman Welu moved that Captain Wilfred Andresen be au- thorized to attend the meeting of the Presidents Highway Safety Council to be held in Washington, D. C. on June 13, 14 and 15th, 1951 the expenses to be borne by the City of Dubuque. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. March 13, 1951 Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: Relative to the peti- tion to you from Lester A. Dem- kier, and others concerning the bar- ring of Rowan Street to the pas- sage of heavy acid trucks from the Algonquin Chemical Company's Plant outside the city limits, has been referred to me for investiga- tion and report. I have caused an inquiry into this situation. I find that there are an average of twelve acid trucks haul- ing from this plant daily. The bulk of their output is transported via railroad tank cars. There is a nor- mal delivery by local firms to this plant, principally of coal and pipe. The operation of this plant is a round the clock proposition. The product manufactured by this com- pany is of great importance to Na- tional Security. I have checked into existing laws and ordinances and it is my opinion that there is nothing that can be done to restrict the use of Rowan Street to the passage of such vehicles. Respectfully yours, JOS, H. STRUB, Chief of Police Councilman Welu moved that the report be received and made a matter of record. Seconded by Councilman Austin, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 12, 1951 To the Honorable Mayor and City Council, Dubuuge, Iowa. Gentlemen: Kindly find attached letter of transmittal and Permits numbered 1 and 2 issued by Corps of Engineers, U. S. Army, for con- struction of storm relief sewer out- lets into the Mississippi River. Permit No. 1 grants permission for the construction of the outlet at the foot of West First Street and Permit No. 2 grants permission for the construction of the outlet at the foot of East 8th Street. It is recommended that the at- tached permits be received and made a matter of permanent rec- ord by the City Council. Respectfully submitted, R. J. GALLAGHER, City Engineer Councilman Kolb moved that the recommendation of City Engineer Gallagher be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 6, 1951 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: At the meeting of the City Council held Apri12, 1951 the petition of Edward J. Mark- ward, requesting that he be grant- ed apermit to connect to a pri- vate sewer in Lindbergh Terrace, was referred to the Acting City Manager and City Engineer for recommendation and report. Our investigation shows that the sewer being constructed in Lind- 262 Special Session, Apri124, 1951 ~. Special Session, April 24, 1951 263 bergh Terrace is a private sewer in accordance with Ordinance No. 36--49, an Ordinance granting Max Blum the right to construct a sani- tary sewer in and along Lindbergh Terrace. This sewer is still under con- struction, but the portion lying in front of Lot 22 the property of the petitioner has been completed, It is our recommendation, even though the sewer is not completed and turned over to the City, that a sewer permit be issued, in order to complete the City record, upon evidence being presented to the City Engineer that a satisfactory agreement has been entered into by and between Mr. Edward J. Markward and Mr. Max Blum. Respectfully submitted, J. J. SHEA, Acting City Manager R, J. GALLAGHER, City Engineer Councilman Kolb moved that the recommendation of Acting City Manager Shea and City Engineer Gallagher be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 6, 1951 To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: At the Council meet- ing of April 2, 1951 the communi- cation of Mr. Frank Specht, sub- witting offer in the amount of $100.00 for the purchase of city owned property on the left hand side of Valley Street, was referred to the Acting City Manager with instructions to confer with Mr. Specht and to submit a recommen- dation back to the Council. Before conferring with Mr. Specht I personally viewed the property and found the same in an unsightly condition, with debris of all kinds strewn all over the ground. This matter of the pur• chase of the property by Mr. Specht has been before the Council on numerous occasions, as late as June 29th, 1950 the council decided not to accept a similar offer of Mr. Specht because Council felt that this property in close proximity to the National Guard should remain in possession of the city and again at the council meeting of Novem- ber 6th, 1950 the same type of of- fer was submitted by Mr. Specht and the decision of the Council at this time was to the effect that the property was not for sale and that the petitioner be so notified. At the confeernce held with Mr. Specht he advised me that he was not interested in leasing this prop- erty but in the outright purchase of the property. I would respectfully recommend that Council re-affirm their former decisions that this property remain in the possesion of the City and that the attached offer of Mr. Specht be not accepted, also that Council authorize the removal of the debris from the property and that the Health Department be in- structed to place no dumping signs and strictly enforce the said regula- tion. Respectfully submitted, J. J. SHEA, Acting City Manager Councilman Kolb moved that the recommendation of Acting City Manager Shea be approved, Second- ed by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 12, 1951 To the Honorable Mayor and Members of the City Council Gentlemen: On February 22, 1951, a Claim of Doctor B. B. Bahme was referred to this office for investigation and report. In- vestigation was made and we find from such investigation that said claim should be paid. It is there- fore respectfully recommended that the Auditor be instructed to draw a warrant in favor of Doctor B. B. Bahme in the sum of $2.00 which represents the towing charges involved in said claim and said warrant be delivered to him upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor Mayor Russo moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $2.00 -_+ . ', ~~ in favor of Doctor B. B. Bahme, 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 Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays- None, April 12, 1951 To the Honorable Mayor and Members of the City Council. Gentlemen: On January 27, 1951, a claim for damages was filed by Peter H. McCarthy. Said claim alleging a fall on the ice on the crosswalk on the north side of West 5th Street and between Central Avenue and Iowa Street. Claimant frac- tured some bones in his shoulder as'a result of said fall. Said claim was referred to this office for in- vestigation and report. Upon due investigation, we find that the claim should be compro- mised and settled for the sum of $360.00 which sum represents the actual medical and hospital ex- pended involved. It is therefore respectfully recom- mended that the Auditor be in- structed to draw a warrant in favor of Peter H. McCarthy in the sum of $360.00 to be delivered to him upon execution of a proper re- lease. Respectfully submitted, ROBERT iVI. CZIZEK, Assistant City Solicitor 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 $360.00 in favor of Peter H. McCarthy, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Austin, Car• ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 12, 1951 To the Honorable Mayor and Members of the City Council Gentlemen: On March 5, 1951, the claim of Helen McCarron of 110 York Street, for damages sus- tained when she fell on a cross- walk on 8th and Main Streets, was referred to this office for investi- gation and repot-t. After due in- vestigation, it is deemed advisable that this claim be settled for the sum of $15.44 and it is respectfully recommended that the Auditor be instructed to draw warrant in favor of Mrs. McCarron in the sum of $15.44 to be delivered to her upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor Councilman Welu moved that the recommendation of Assistant City Solictor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $15.44 in favor of Helen McCarron, as settlement in full of her claim, and that said warrant ite delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Austin, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, April 12, 1951 To the Honorable Mayor and Members of the City Council Gentlemen: Reference is made to the claim in the sum of $11.98 of R. F. Kolb for damages sustained to his car wlten he struck a hole in the street in front of 1840 Ben- nett Street. Said claim was referred to this office for investigation and report. After due investigation it is respectfully recommended that said claim be paid and that the Auditor be instructed to draw war- rant in favor of R. F. Kolb in the sum of $11.98 to be delivered to him upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor Councilman Schueller move d that the reommendation of Assist- ant City Solicitor Czizek be ap- proved and the City Auditor in- structed to draw a warrant in the amount of $11.98 in favor of R. F. Kolb, as settlement in full of the claim,. and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman ,~~ 264 Special Session, April 24, 1951 Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Schueller, Welu. Nays-None. Councilman Kolb not voting. To the Honorable Mayor and Members of the City Council Gentlemen; On January 13th, 1951, the claim of Mrs. Alice B. Fenton fn the sum of $25.00 was referred to this office for investiga• tion and report. Investigation was made and we find from such in- vestigation that said claim should be paid. It is therefore respectfully recommended that the Auditor be instructed to draw a warrant in favor of Alice B. Fenton in the sum of $25.00, which said sum represents her damages occasioned by a fall upon a sidewalk at 15th Street, between Main and Locust Streets. Said warrant to be deliver- ed to her upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Assistant City Solicitor Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be approved and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Alice B. Fenton, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 19th, 1951 Honorable Mayor and Members of the City Council City of Dubuque Gentlemen: The petition of Mary F. Brandt and George Brandt for suspension of taxes on South '/z of Lot 162 in East Dubuque Addi- tion for the year 1950 has been referred to this office. Upon examination I find that the petition is not in the form required by Statute in that it fails to state the grounds therefor nor does it list the property, real or personal, owned by the applicants. However, an examination of the records discloses that a proper peti- tion for similar relief has been ap- proved in past years. Respectfully submitted, T. H. NELSON, Councilman Welu moved that the petition be granted and the Board of Supervisors to be notified of the action of the City Council. Second- ed by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. April 19th, 1951 Honorable Mayor and Members of the City Council City of Dubuque Gentlemen: On February 23rd, 1951 your Body directed this office to prepare proceedings for the vacation of the alley located be• tween Lot 16 of Randall Addition and Lot 1 of Levi Addition. An examination of the plat of the City discloses that this consists of only a portion of an alley con- necting two streets. In my opinion the Council is without authority to vacate a por- tion of an alley without the con- sent of all parties abutting on the entire alley and therefore recom- mend the matter be held in abey- ance until such consents are placed on file. Respectfully submitted, T. H. NELSON Councilman Austin moved that the recommendation of City Solici- tor Nelson be approved in denying the application. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 19th, 1951 Honorable Mayor and Members of the City Council City of Dubuque Gentlemen: The claim of Mar- garet M. Crowley in the amount of $8.64 for damages to her car was referred to this office. We have investigated the acci- dent and find that the damage was caused by a hole in the street at the site of an old plumbing excava- tion. The hole appears to have existed for sufficient time to put the City on notice and it is there- fore recommended that the claim be allowed in the amount of $8.64. Respectfully submitted, T, H. NELSON, ~,, , 4, 4 Special Session, April 24, 1951 265 Councilman Austin moved that the recommendation of City 5olici• for Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $8.64 in favor of Margaret M. Crowley, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo~Councilmen Austin, Kolb, Schueller, Welu, Nays-None. April 10th, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The claim of Oliver Boleyn of 31L4 Lemon Street was referred to this office for recom- mendation and report. We have investigated this claim and find that at the time the claim- ant's service line originally froze the City main was tested and found in operating condition. We therefore can find no liability against the City and recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. April 9th, 1951 Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: The claim of Robert Fondell of 2350 Jackson Street, this city, for damages to his car resulting from a hole in the street at the corner of Sixteenth and Syca- more Streets in the City of Du- buque, was referred to this office for investigation, recommendation and report. Upon investigation we find that the hole existed in the street as a result of erosion by water along- side the pavement slab and had existed for a short time prior to the accident, but a sufficiently long time that constructive notice to the City of Dubuque of its existence might be found. Mr. Fondell has agreed to accept the amount of $16.90 in full satis- faction of his claim and it is the recommendation of this office that the claim should be paid in the amount of $16.90 and the Auditor instructed to issue a warrant to Robert Fondell in the amount of $16.90 upon receipt of a release properly executed by the said Robert Fondell. Respectfully submitted, T. H. NELSON Councilman Austin moved that the recommendation of City Solici- tor Nelson be approved and the City Auditor instructed to draw a warrant in the amount of $16.90 in favor of Robert Fondell, as set- tlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, April 9th, 1951 Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: The claim of J. R. Puls for damages to his car claim- ed to have occurred on March 3rd, 1951 was referred to this office for investigation, recommendation and report. Upon investigation we find no facts supporting any liability against the City of Dubuque and therefore recommend that the claim be denied. Respectfully submitted, T. H. NELSON Councilman Kolb moved that the recommendation of City Solicitor Nelson be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 9th, 1951 Honorable Mayor and Members of the City Council Gentlemen: You have referred to this office far opinion the ques• tion: "Whether Herbert Bisping is eligible for a Class "B" Beer permit in view of the fact that he was 266 Special Session, April 24, 1951 once arrested for selling beer to minors and forfeited a one hundred dollar bond in police Court?" It is my understanding that Mr. Bisping was not a permit holder at the time of the arrest. In view of this fact, it is my opinion that Mr, Bisping is eligible unless the City Council finds that he is not of good moral character and repute. I find only two restrictions in the Statutes on the authority of the City Council to issue Class "B" permits. One is the restriction of Section 124,30 which applies to former permit holders only. The other is the restriction of Section 124,6 that the applicant must be a "citizen of the State of Iowa of good moral character and repute." Under the holding of the Court in Curtis v DeGood, 238 Iowa 877 and Madsen v Oakland, 219 Iowa 216, the question of the character and repute of the applicant is a matter of fact to be determined by the Council. If you feel that because of the circumstances in the question or any other circumstances, the appli- cant is not of good moral charac- ter or repute then you should deny the application, If you find that the applicant is still of good moral character and repute then you may grant the permit, if you so desire. Respectfully submitted T. Ii. NELSON Councilman Austin moved that the opinion of City Solicitor Nelson be received and made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 150-51 Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council 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. CLASS "B" PERMIT Name Address Herbert Bisping, 1401 Elm Street Passed, adopted and approved this 24th day of April, 1951, ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 151-51 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply 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 Name Address Herbert Bisping, 1401 Elm Street Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER,_ Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ~.-~ e =~a Special Session, April 24, 1951 267 RESOLUTION N0. 152-51 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager-is directed to issue such permit on behalf of said City. Name Address Herbert Bisping, 1401 Elm Street Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 2nd day of April, 1951. ROMOLO N. RUSSO, Mayor, CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Apri123, 1951 To the Honorable Alayor and City Council, Dubuque, Iowa Gentlemen: I have made an in- vestigation regarding the petition of the Board of Dock Commission- ers which was referred to me and submit the following report. The City of Dubuque now owns all the land on City Island except Mineral Lots 294, 295, 296 and 297 containing 58.9 acres. These lots make up a strip of land ap- proximately one mile in length along the river front with the city owning all the land in the rear. After consulting with the Board of Dock Commissioners and the City Solicitor it is my recommenda- tion that the petition requesting the City Council to issue Dock Bonds in the amount of $30,000.00 to purchase the above parcels of land be granted. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman. Austin. Carried by the following vote: Yeas-Mayor Russo, .Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 153-51 Resolution to fix a date of meet- ing at which it is proposed to take action for authorizing the issuance of Thirty Thousand Dollars Dock Bonds. Whereas the Board of Dock Com- missioners of the City of Dubuque by petition dated April 2nd, 1951, have petitioned the City Council to issue Dock Bonds under the author- ity of Section 384.3.11 of the 1950 Code of Iowa for the purpose of acquiring Mineral Lots 294, 295, 296 and 297 for municipally owned water front purposes; and Whereas it is deemed advisable and necessary that the City of Du- buque provide for the purchase of said land for municipally owned water front purposes pursuant to the general plan for improvement of the water front of said City, the cost thereof to be chargeable and payable from a special fund created from a levy of special taxes as permitted in Section 384.3 of the 1950 Code of Iowa; and Whereas it is deemed advisable and necessary that bonds be issued for said purpose in the amount of Thirty Thousand Dollars ($30,000) as authorized by Section 384.3 of the 1950 Code of Iowa, but it is necessary to provide for notice and hearing in the manner and form required by Chapter 23 of the 1950 Code of Iowa; Now Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, as follows: Section 1. That this City Coun- cil meet at the City Hall within said City on the 7th day of May 1951, at 7:30 o'clock P.M, at which time and place proceedings will be instituted and action taken for the issuance of Thirty Thousand Dol- lars ($30,000) Dock Bonds for the purpose referred to in the pre- amble hereof. Section 2. That the City Clerk is hereby directed to give notice of 268 Special Session, April 24, 1951 the proposed action for the issu- ante of said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by pub- lication at least once for at least ten (10) days before said meeting, in the Telegraph-Herald, an offi- cial newspaper printed, published and having a general circulation within said City. Said notice shall be in substan- tially the following form: "NOTICE OF MEETING OF IS- SUANCE OF DOCK BONDS" The City Council of the City of Dubuque, Iowa, will meet on the 7th day of May, 1951 at the Coun- cil Chambers in the City Hall, Du- buque, Iowa, at 7:30 o'clock P. M. for the purpose of instituting pro- ceedings and taking action for the issuance of Dock Bonds of said City to the amount of Thirty Thous- and Dollars ($30,000) for the pur- pose of paying the cost of acquir- ing Mineral Lots 294, 295, 296 and 297 for municipally owned water front purposes. At any time before the date of said meeting five (5) or mare tax payers may file a petition in the office of the City Clerk, setting ed by Councilman Schueller, Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 23, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that the letting date for sewer construc- tion projects be extended until May 14th, 1951 for the following reasons: Extreme high water has caused much of the area in which the sewers are proposed to be under water; and as a result, contractors interested in bidding cannot ex- amine the project in its entirety to make their estimates. Additional time allotted would give contractors the opportunity to secure sources of supply for critical materials used in the sewer construction. Respectfully submitted, L. J. SCHILTZ, City. Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: forth their objections thereto. Yeas-Mayor Russo, Councilmen By order of the City Council Austin, Kolb, Schueller, Welu. April 24th, 1951. Nays-None. J. J, SHEA, City Clerk. Section 3. That all Resolutions or parts thereof in conflict herewith be and the same are hereby repeal- ed and this Resolution shall be ef• fective forthwith on its passage and approval. Passed and approved April 24th, 1951. ROMOLU N. RUSSO, Mayor. CLARENCE P, WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded April 24th, 1951. J .J. SHEA, City Clerk. Councilman Austin moved the adoption of the resolution. Second• April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of the Dubuque Safety Council request- ing more lighting be placed be• tween Nevada Street and Glen Oak Street was referred to the City Manager and Electrical Inspector for recommendation and report. The location has been examined and after consultation with the Chief of Police I recommend that reflectorized "Slow -Pedestrian Crossing" be installed on the crest of each hill on Loras Boulevard west of Glen Oak Street and east of Booth Street, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by r°~ . .~ ,~ M Special Session, April 24, 1951 269 Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The communication of R. G. Ogaard of 2460 Hillcrest Road was referred to the City Man- ager, City Engineer and Street Commissioner. The south property line of Hill- crest Road is the city line and it is beyond the power of cities to levy special assessments for curb and gutters on property outside the city, Under present conditions .the City cannot construct curb and gutters along the south side of Hillcrest Road. The necessary street maintenance work will be undertaken as soon as conditions permit. Traffic conditions do not war- rant establishing one way traffic on Hillcrest Road. Regarding sidewalks, in order to continue from 2450 Hillcrest Road to the Asbury Road every prop- erty owner would be required to construct walks. I recommend that the City Council view the grounds in order that they may be better informed of the conditions, Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I have conferred with the Board of Dock Commis- sioners, City Solicitor and City En- gineer regarding the Lake Peosta storm sewer project. I would like to report that there are some prob- lems to be worked out before this project could be undertaken. The Dock Board has a lease with the Dubuque Sports Bowl ex- tending for a five year period from September 1, 1949 to September 1, 1954 which will have to be renegotiated. There are also cottages and houses along Peosta Street on land leased from the Dock Commission which will have to be moved, It is my opinion that these prob- lems should be worked out by the Dock Commission before the City commits itself to the construction of this project. The construction of this Lake Peosta sewer project will probably entail the dredging of a channel ap- proximately 300 feet wide, the ex- tension of sewers from the present outlets into the channel and con• struction of a bridge over the Lake Peosta sewer channel, The en- gineering work necessary in the planning of this project is of such a nature that our present engineer- ing farce cannot carry it out in addi tion to their present work. It is recommended that the City Man- ager be empowered to ask for the services of outside engineering help to work under the direction of the City Engineer in develop- ing plans for this project, Respectfully submitted L. J. SCHILTZ, City Manager Councilman Welu moved that the recommendation of City Manager Schiltz be approved. Seconded by councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: An agreement has been negotiated with the B & G Excavating Company for the demo- lition of buildings located at 952, 976, 982, 988 and 992 Iowa Street in order that the parking lot between Ninth and Tenth on Iowa Street can be completed. The above work is to be com- pleted by June 1st for the sum of $3,185.00 and to be paid for by June 30th. Respectfully submitted, L, J. SCHILTZ, City Manager 270 Special Session, April 24, 1951 ~~ Special Session, April 24, 1951 271 Councilman Welu moved that the report of City Manager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin„ Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of R. L. Weidenbacher requesting the in- stallation of street lights between the 1200 block on Kaufman Av- enue and the city limits was re• ferred to the City Manager and Electrical Inspector for recom- mendation and report. The location has been examined and it is recom- mended that the street light be in- stalled approximately two blocks from the city limits. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and .City Council, Dubuque, Iowa. Gentlemen: The petition of Rt. Rev. Msgr. M. J. Martin requesting the installation of street lights near the school entrance was re- ferred to the City Manager and Electrical Inspector for recom- mendation and report. The location has been examined and it is recommended that a light be placed adjacent to the highway at the intersection of St. Joseph Street. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mrs. Charles Jochum and others request- ing the installation of a street light at the intersection of Hempstead and Lowell Streets was referred to the City Manager and Electrical Inspector for report. The location has been examined and it is recommended that the tree branches be trimmed at the street light on Harold Street and that the mast arm on the light on Hempstead Street south of Lowell Street be raised and in this man- ner the street intersection should have the necessary illumination, Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Apri124, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mrs. Clarence Gordon requesting the in• stallation of a street light on the corner of Hazel and Warrick Streets was referred to the City Manager and Electrical Inspector for recommendtaion and report. The location has been examined and I recommend that the installa- tion of a street light at this inter- section be deferred until such a time as the Bunker Hill Road is improved and at that time a street light be installed. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. <<~. -, ;1 April 24, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Don- ald Lombardi and others request- ing a ,street light to be erected be- tween the 1000 and 1200 block on West Thirty-Second Street was re• ferred to the City Manager and Electrical Inspector for investiga• tion and report. The location has been examined and it is recommended that a street light be installed at ap- proximately 1200 west 32nd Street on transformer pole no. 20795J. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Mana- ger Schiltz be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 18, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I recommend that the City Council authorize advertiz• ing for bids on aself-propelled, road mixing machine to be used for street construction and reconstruc• tion. Specifications of the machine are as follows: 1. The unit shall be a single self~ propelled machine capable of mixing at least a seven (7) foot width of street surface. 2, The power unit shall be at least 90 H.P., either gasoline or diesel. 3, The unit shall be mounted on pneumatic tires and the rate of travel while .mixing shall vary from 75 feet to 300 feet per minute. 4. Immediate delivery. Respectfully submitted, L. J, SCHILTZ, City Manager Councilman Kolb moved that the recommendation of City Manager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. RESOLUTION NO. 154-51 Whereas the .City Manager has recommended the purchase of a self-propelled road mixing machine for street construction and recon• struction; and Whereas the estimated cost of such a machine is in excess of Five Thousand Dollars ($5,000) and it is considered iri the best interests of the City to request sealed bids for such equipment; Now Therefore Be It Resolved: 1. That sealed bids be received unti110 o'clock A. M. May 7th, 1951 for furnishing one self-propelled road mixing machine powered by a self-contained power unit of not less than ninety (90) horse power mounted on pneumatic tires and capable of mixing at least seven (7) feet width of street surface at a rate of travel varying from 75 feet to 300 feet per minute; de- livery to be effected within ten (10) days after acceptance; 2. That the City Clerk be and be is hereby authorized and direct- ed to advertise for such bids by publication in the Telegraph-Herald newspaper, a newspaper of general circulation in the City of Dubuque, at least once at least ten (10) days prior to May 7th 1951. Be It Further Resolved that this Resolution being deemed urgent and of immediate necessity be in full force and effect immediately upon its passage and adoption. Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N, SCHUELLER, Councilmen. Attest: J. J. SHEA, City Clerk Councilman Austin moved the adoption of the resolution. Second- ed by Councilman Schueller. Car• ried by the following vote: Yeas Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. --r 272 Special Session, April 24, 1951 April 16, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing: . PERSONAL Laverne J. Schiltz, City Manager, Hartford Accident & Indemnity Co. T. H. Nelson, City Solicitor, Western Surety Co. Albert L. Holscher, City Auditor, Western Surety Co. Edward M. Tschirgi, City Treas- urer, Continental Casualty Co. J. J. Shea, City Clerk, Massachu- setts Bonding & Ins. Co. Geraldine L. Jenni, Secretary to City Manager, Continental Casualty Co. R. J. Gallagher, City Engineer, National Surety Corporation. John J. Heffernan, Police Judge, Western Surety Co. John A. Brady, Clerk of Police Court, Central Surety & Ins. Cor- poration. Donlad J. Bandy, Building Com- missioner, Continental Casualty Co. Daniel J. O'Leary, Plumbing In- spector, Fireman's Fund Indemnity Co. Luvern C. Norton, Electrical In- spector, The Century Indemnity Co. Virgil Fay Chapman, Milk In- spector, Continental Casualty Co. Mae A. Moore, Clerk-Health De- partment, Indemnity Insurance Co. of North America. Nicholas J. Sutton, Recreational Director, Indemnity Insurance Co. of North America. John Joseph Hail, Supt. and Cashier-Water Dept., Massachu- setts Bonding & Ins. Co. Allen C. Kane, Accountant- Water Dept., Western Surety Co. Thomas P. Fitzpatrick, Clerk- Water Dept., Western Surety Co. Lucille Oster, Clerk -Water Dept., Massachusetts Bonding & Ins. Co. Helen Nelson, Clerk -Water Dept., Western Surety Co. Henry Blocker, Parking Meter Repairman & Collector, Western Surety Co, Robert M, Czizek, Assistant City Solicitor, Western Surety Co. Respectfully submitted, L. J. SCHILTZ, City Manager Councilman Austin moved that the bonds be approved and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 20, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit re- ports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of March ]951; also list of claims and list of payrolls for the month of March 1951. Also includ- ed are reports of the City Auditor and City Treasurer covering the fiscal year beginning April 1, 1950 and ending March 31, 1951. Respectfully submitted, L, J. SCHILTZ, City Manager Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Aus- tin. Carried by the following vote: Yeas-Mayor R~.isso, Councilmen Austin, Kolb, Schueller. Welu. Nave-None. RESOLUTION NO. 155-51 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigar- ette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Mrs, Rhea Bournias, 800 East 16th Street, William and Rona Carlson, 553 Eighth Avenue. John M. Kane, 1103 .Iowa Street. Charles F. Schnee, 1379 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. Mrs. Rosemary Hird, Front Street. Joseph J. Hosch, 1563 Central Avenue. P ~~ ', ~i~ .,~ ,'i 1 Special Session, April 24, 1951 273 Be It Further Rosolved that the bonds .filed with the applications be approved. Passed, adopted and approved this 24th day of April, 1951, ROMOLO N. RUSSO, Mayor CLARENCE P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen Attest: J. J. SHEA, City Clerk Councilman Kolb moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 156-51 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT Name Address Lester M. Lochner and Larry B. Kemp, 1200 Iowa Street. Robert J. Bowen, 1105 University Avenue. William Carlson and Rona Carl- son, 553 Eighth Avenue. Joseph J. Hosch, 1563 Central Avenue. John M. Kane, 1103 Iowa Street. Charles F. Schnee, 1379 Central Avenue. Merlyn L, Weber, 1904 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. Mrs, Rhea Bournias, 800 East 16th Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Carl N. Brant and Bernard Arens- dorf, 2600 Central Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club, Randall Place Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSO, Mayor. CLARENCE P. WELU, RAY KOI11, 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 Welu, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. RESOLUTION N0. 157-51 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed 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 ap- plicants aBeer Permit. CLASS "B" PERMIT Name Address Lester M. Lochner and Larry B. Kemp, 1200 Iowa Street. Robert J. Bowen, 1105 University Avenue. William Carlson and Rona Carl- son, 553 Eighth Avenue. Joseph J. Hosch, 1563 Central Avenue. John M. Kane, 1103 Iowa Street. Charles F. Schnee, 1379 Central Avenue. Merlyn L. Weber, 1904 Central Avenue. Elmer E. Meyer, 1828 Central Avenue. Mrs. Rhea Bournias, 800 East 16th Street. John J. Rettenmaier and Marie Rettenmaier, 1100 Lincoln Avenue. Carl N. Brant and Bernard Arens- dorf, 2600 Central Avenue, 274 Special Session, April 24, 1951 CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Golf Club, Randall Place. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 24th day of April, 1951. ROMOLO N. RUSSD, Mayor, CLARENCE P, WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen. Attest: J, J. SHEA, City Clerk. There being no further business Councilman Austin moved to ad- journ. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Sehueller, Welu. Nays-None. Approved ................................1951. Adopted ..................................1951. Councilmen ..................................... Attest ........................................ City Clerk. Special Session, April 24, 1951 275 Austin. Carried by the following Board Of Health "ote, Yeas-Chairman Romolo N. Rus- so, Messrs. Ruben V. Austin, Ray- (Official.) mand F. Kolb, Leo N. Sehueller, Clarence P. Welu. II Special Session, April 24th, 1951. Nays-None, Board met at 8:30 P.M. J. J. SHEA, Clerk, Board of Review , Present-Chairman Romolo N. Russo, Messrs. Rueben V. Austin, Approved ................................ 1951. Raymond F. Kolb, Lea N. Schuel- Adopted ..................................1951. ler, Clarence P. Welu, City Man- '`j' ` alter L, J. Schiltz. ...................................... April 24th, 1951 ...................................... Honorable Chairman and Members Dubuque Board of Health Members of ~ ...................................... Gentlemen: The State of Iowa Bd. of Health Department of Agriculture has """"""""""""""""""" made available to this city severa ...................................... inspectors to aid us in this emer• ' gency. We have found numerous Attest :............... instances wherein flooded premises Clerk, Board of Health. have encountered considerable damage. With the protection of the public health and safety in mind we are asking this Board for the following order: "That no food or drink establish- ~~ ment, both retail and wholesale, ' which has been inundated or clos- ed because of high waters, or back- ed sewage be permiteed to reopen, until such establishment has been inspected by State or City officials and found to be satisfactory. Fur. ther, and such establishment must post at, or near their main entrance a copy of the State, or City Inspec- tion Record, showing a satisfactory condition." Respectfully, Albert J. Entringer, M. D. Director of Health Health Department, City of Dubuque, Iowa. Mr. Rueben J. Austin moved that ,,1,~ the report of Health Director En- tringer be approved. Seconded by I Mr. Leo N. Sehueller. Carried by the following vote: Yeas-Chairman Romolo N, Rus- so, Messrs. Ruben V. Austin, Ray- mond F. Kolb, Leo N, Sehueller, Clarence P. Welu, Nays-None. There being no further business Mr. Raymond F. Kolb moved that the Board of Health meeting ad- journ. Seconded by Mr. Ruben V.