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1951 May Council ProceedingsRegular Session, May 7th, 1951 277 °:s ,~ ,, ~p t City Council (OFFICIAL) Regular Session, May 7th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Austin, Kolb, Schueller, Welu. City Manager Schiltz. Mayor Russo staffed that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proof of publication, certified to by the publishers, of notice of meeting for the purpose of insti- tuting proceedings and taking action for the issuance of Dock Bonds of said City in the amount of Thirty Thousand Dollars ($30,- 000)for the purpose of paying the cost of acquiring Mineral Lots 294, 295, 296 and 297 for muni- cipally owned water front pur- poses, presented and read. No written objection filed and no objectors present in the Council Chamber at the time set for said hearing. 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. RESOLUTION N0. 158-51 RESOLUTION PROPOSING A SUPPLEMENTAL ESTIMATE OF TAXES. Whereas the City Council of the City of Dubuque has been petit- ioned by the Dock Board of said City to issue Dock Bonds in the amount of Thirty Thousands Dol- lars ($30,000) for the purpose of purchasing lands for dock pur- poses; and Whereas it is deemed advisable and necessary that the City of Du- buque, Dubuque County, Iowa pro- vide for the purchase of land for dock purposes, pursuant to the general plan for the improvement of the water front of said City, as requested by said petition and as permitted by Chapter 76 of the 1950 Code of Iowa, the cost where- of to the amount of Thirty Thous- and Dollars ($30,000) is lawfully chargeable to and payable from a special fund created from the levy of special taxes as permitted and provided by Section 384.3 of the 1950 Code of Iowa; and Whereas it is advisable to cer- tify to the County Auditor and to be caused to be collected such special taxes as permitted and pro- vided for by said Section 384.3 of the 1950 Code of Iowa and to make provision for a supplemental esti- mate of said taxes for future years, pursuant to the provisions of Section 24.7 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 a supplemental estimate for the levy of special taxes mentioned in the preamble hereof for each of the years 1951 to 1960, inclusive, be made as fol• lows: That in pursuance of Chapter 76 of the Code of Iowa, there shall be levied, assessed and collected a direct annual special tax upon all the taxable property within said City for each of the years 1951 to 1960, inclusive, sufficient to pro• duce net annual sums as herein• after provided. Section 2. Said taxes shall be collected each year at the same time and in the same manner and with and in addition to all other taxes in and far said City, and when collected shall be converted into a special fund. Section 3, That this Council meet on the 4th day of June, 1951, at the City Hall within said City at 7:30 o'clock P.M., at which time and place any person subject to such tax shall be heard in favor of or against the same or any part thereof. Section 4. That the Mayor and City Clerk are hereby directed to give notice of said supplemental estimate, setting forth the time when and the place where said hearing will be held, by publica- tion of at least ten (10) days before said hearing in the Telegraph• Herald, a newspaper published and of general circulation in said. City. Said notice shall be in sub• stantially the following form: 278 Regular Session, May 7th, 1951 "NO'PICE OF SUPPLEMENTAL ESTIMATE. The City Council of the City of Dubuque, Iowa, will meet on the 4th day of June, 1951 at the City Hall, Dubuque, Iowa, at 7:30 P.M., at which time and place taxpayers will be heard for and against the following estimate and levy of special taxes for each of the years 1951 to 1960, inclusive, on all tax- able property in said City. Said tax will not in any one year ex- ceed the limit prescribed by Sec- tion 384.3.10 of the 1950 Code of Iowa, based on existing property valuations, and the proceeds there- from will be used to pay the prin- cipal and interest of bonds to be issued for the purpose of paying the purchase price of land to be acquired for dock purposes in and for said City as permitted and pro- vided for in Section 384.3.11 of the 1950 Code of Towa: Year of Year of Amount Levy Exp'tures 1951 1952 $3,870 1952 1953 $3,510 1953 1954 $3,450 1954 1955 $3,390 1955 1956 $3,330 1956 1957 $3,270 1957 1958 $3,210 1958 1959 $3,150 1959 1960 $3,090 1960 1961 $3,030 By order of the City Council of the City_of Dubuque, Iowa. ROMOLO N. RUSSO, Mayor. Attest: J, J. SHEA, City Clerk. Section 5. 't'hat the City Clerk is hereby directed to file certified proof of the publication of said notice in the office of the Auditor of Dubuque County, Section 6. That this Resolution be in force and effect immediately upon its passage and approval. Passed and approved May 7th, 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. RESOLUTION N0. 159-51 RESOLUTION DIRECTING THE ADVERTISEMENT AND SALE OF THIRTY THOUSAND DOLLARS DOCK BONDS. Whereas the City Council of the City of Dubuque, Iowa. has hereto- fore determined it to be advisable and necessary that land be ac- quired for dock purposes in and for said City and it is necessary and for the best interest of said City that Thirty Thousand Dollars ($30,000) Dock Bonds contemplated to be issued to pay the purchase price thereof, to that amount be offered for salt at this time in the manner required by Chapter 23 of the 1950 Code of Iowa; Now Therefore, be it Resolved by the City Council of the City of Dubuque, as follows: Section 1, That Dock Bonds of said City in the amount of Thirty Thousand Dollars ($30,000) be of- fered for sale pursuant to adver- tisement, said bonds to be num- bered 1 to 30 inclusive, in the denomination of One Thousand Dollars ($1,000) each, to be dated May 1st, 1951, with interest pay- able semiannually, and to mature in numerical order, Three Thous- and Dollars ($3,000) on May 1st, 1952 and Three Thousand Dollars ($3,000) on May 1st of each of the years 1953 to 1961, inclusive; Section 2. That the City Clerk be and he is hereby authorized and directed to publish notice of the sale of said bonds for two (2) or more successive weeks and on the same day of each week, in the Telegraph-Herald, a newspaper published and of general circula- tion in Dubuque County, Iowa, such notice to state that. bids will be received and acted upon by this Council at a meeting to be held at 7:30 o'clock P.M, on June 4th, 1951 and such notice to be in substantially the following form: NOTICE OF SALE OF BONDS Sealed bids will be received by the City Clerk of the City of Du• W~. .~ Regular Session, May 7th, 1951 279 buque, Iowa unti17:30 o'clock P.M,, June 4th, 1951 for Thirty Thousand Dollars ($30b00) Dock Bonds of the City of Dubuque, Iowa, at which time they will be referred to the City Council of said City at its meeting to be then held at the City Hall in said City and after the receipt of open bids the bonds will be sold to the highest bidder for cash. Said bonds will be dated May 1st, 1951, bear interest pay- able semiannually, and mature in installments of Three Thousand Dollars ($3,000) on May 1st, 1952 and Three Thousand Dollars ($,- 000) on May 1st of each of the years 1953 to 1961, inclusive. These bonds will constitute general obligation and the faith, credit, revenues and resources and all the real and personal property of the City will be irrevocably pledged for the prompt payment thereof, both principal and interest. All bids shall specify the rate of interest, and, all other things being equal, the bid of par and accrued interest, or better, specify- ing the lowest interest rate, will be given preference. Approving Op1n10n5, if desired, will be procured at the expense of the purchaser, the purchaser to furnish the printed bonds, and all bids may be so conditioned. Bid- ders must furnish certified check for two per .cent (2%) of the amount of bonds bid for as guaran- tee of good faith, this amount to be forfeited by the successful bid- der should he fail to take up and pay for the bonds when ready. The right is reserved in the City of Dubuque to reject any and all bids. By order of the City Council of the City of Dubuque this 7th day of May, 1951. J. J. SHEA, City Clerk. Section 3. That the City Clerk is further authorized to prepare such circulars for further adver- tisement as may be deemed ad- visable, in order to afford due publicity to the sale of said bonds. Section 4. That all Resolutions or parts of Resolutions in conflict herewith be and the same are here- by repealed. Passed and approved, May 7th, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 251 An Ordinance Authorizing the Issuance of Thirty Thousand Dol- lars Dock Bonds and Providing for the Payment of the Same, pre• sented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austir), Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Welu moved that said proposed ordinance be placed on file with the City Clerk for public inspection pending final adoption. Seconded by Council- man Kolb. Carried by the follow- ing vote: Yeas-Mayor R~zsso, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of notice to road machinery dealers of the receipt of bids for the furnishing of a self- propelledroad mix mixing machine, presented and read. Councilman Kolb moved that the proof of publication be received and filed. Seconded by Councilman 280 Regular Session, May 7th, 1951 Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Bids were opened for the pur- chase of aself-propelled road mix mixing machine. One bid was re- reived from Herman M. Brown Company for $5,200.00. I recom- mend that we accept this bid. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu 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. (Awarding Contract) RESOLUTION N0. 160-51 Whereas, proposals have been submitted by contractors for the furnishing of aself-propelled road mix 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, and Herman M. Brown Company contractor, has submitted the lowest bid for the furnishing of a self-propelled road m i x i n g machine as provided for in the specifications; now, therefore Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned equipment be awarded to Herman M. Brown Company and the Manager be and he is here- by directed to execute a contract on behalf of the City of Dubuque, Be It Further Resolved that this resolution being deemed urgent and of immediate ncessity become effective from and after its pas- sage and adoption by the City Council. Approved and placed on file for one week on May 7th, 1951. Councilman Welu moved that the resolution be approved and placed on file for one week. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Notice of Claim of Leonard E. Johnson in the amount of $23.52 for damages to his car caused in striking a hole in the street on 25th Street between Jackson Street and Elm Street, presented and read. Councilman Welu moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of the House of Haupert calling the attention of the City Council to the need of providing a modern road improve- ment upon the 29th Street short- cut from Central Avenue east, over the hill to the Linwood District, also that the Chicago, Great West- ern Railway Company be called upon to provide a more adequate railroad crossing, and also that the stop signs at 29th and Elm Streets be relocated, presented and read. Mayor Welu moved that the communication 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. Communication of the Iowa Municipal Accounting Officers As- sociation extending invitation to attend the Iowa Municipal Account- ing Officers Association meeting to be held at Des Moines, Iowa, May 17th and 18th, 1951, presented and read, Councilman Austin moved that the communication be referred to the City Manager for study and in the event that he desires to attend e:,> ~;, -~ ..+ Regular Session, May 7th, 1951 281 the meeting that he be authorized to do so together with some other designated official. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. State of Iowa DEPARTMENT OF HEALTH Des Moines 19 May 2, 1951 Mr, J. J. Shea, City Clerk, Dubuque, Iowa. Dear Sir: In reply to you inquiry of some- time ago regarding fuoridation in Iowa, eve are sending you a copy of our publication just released en- titled "Fluoridation of Public Water Supplies." This publica±ion covers the gen- eral policy adopted by the State Board of Health relative to fluori- dation of public water supplies and includes the requirements and procedure to be followed in ob- taining the approval of this De- partment. If we may be of any further service, please feel free to con- tact this office. Very truly yours, DIVISION OF PUBLIC HEALTH ENGINEERING, J. A. Sampson, Public Health Engineer. Councilman Welu moved that the communication and copy of publication be referred to the Health Department and Water Superintendent. Seconded by Coun- cilman Austin. Carried by the fol- lowing xote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of City of Du- buque Airport Commission suggest- ing that a five man zoning com- mission be appointed with the City Council and Board of Supervisors each appointing one man to serve a two year term and one man to serve a four year term, these four appointees could then choose a fifth member, a possible selection of the fifth member being any member of this commission, pre- sented and read. Councilman Schueller moved that action be deferred on the com- munication until the Council meet- ing of May 14th, 1951, Seconded by Councilman ~Velu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Klob, Schueller, Welu. Nays-None. Communication of Schueller & Co., R. A. Schueller, proposing to purchase property now owned by the City of Dubuque on Mt. Lor- etta described as Randall's Sub., Lots 2 and 3 far the sum of $3,000, presented and read. Councilman Kolb moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Communication of Paul L. Cate submitting claim in the amount of $500.00 for damages to his pro- perty known as Lot 1 of Lot 1 of R. W. Baker Addition, or 2340 Coates Street, caused by heavy blasting during the construction of sanitary sewer in south side of Coates Street, presented and read. Councilman Austin moved that the matter of the blasting bond and possible claim be referred to the City, Solicitor for investigation and report. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Dubuque Armed Forces Advisory Committee, by John C. Oberhausen, Chairman, asking that the Mayor and City Council officially proclaim Thurs- day, May 17,1951, as Armed Forces Day in Dubuque, presented and read. Councilman Austin moved that the mayor be designated to issue proclamation in accordance with the request of the petition. Sec- onded by CouncIlman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. i ~, 282 .Regular Session, May 7th, 1951 Petition of Arthur A. Witherall stating that he gave a piece of Lot 25 in Ann O'Hare's Subdivision to the city for an alleyway under the condition it would be kept in good repair, and that at this time is almost impassable, and requesting that unless some repairs are made that he be allowed to install and "End of Alley" sign at the bound- ary line of his property, presented and read. Mayor Russo moved that the petition be referred to the City Manager. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Waldo F. Pape and others requesting that curb and gutters be installed in the 600 block on West 16th Street and that the street be Burr"aced with black top to prevent washing, presented and read. Councilman ~Velu moved that a plat and schedule be prepared for the curbing and guttering of West 16th Street in the 600 block as re- quested. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo. Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Glen McArdle re- questing arefund in the amount of $50.00 on the unexpired portion of his Class "B" Beer Permit No. 84, as he has discontinued business on April 24, 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 Glen McArdle to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 84, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mr, and Mrs. Lester Rafoth and others requesting that bus service be established on Mt. Loretta Street, Valley Street, Esther Street, Disney Street, Eng- lish Lane, Riker Street and Tressa Street, presented and read. Councilman Schueller moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company and to submit a report back to the City Council. Seconded by Council- man Austin. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Mettel Realty & In- vestment Co. requesting the zoning of Lot 2 of the Subdivision of Lot 1 of Heim Subdivision be changed from dwelling use to light indus- trial use by adding the same to the lots immediately adjoining on the east, 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. Petition of Dubuque Safety Coun- cil and Dubuque Automobile Club requesting permission to set up a safety lane on West Fifth Street between Locust Street and Bluff Street for a five day period be- ginning May 21, 1951, presented and read. Councilman Kolb moved that the request be granted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None. Proof of publication, certified to by the publishers, of the financial report of the City of Dubuque, Iowa, for fiscal year ending March 31, 1951, presented and read. Councilman Webt moved that the proof of publication be received and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. 24-51 An Ordinance amending Ordin- ance No. 39---49, being "An Ordin- ance establishing parking regula- w 4.a F:a €~ Regular Session, May 7th, 1951 283 lions on certain parts of Seminary Street and other streets," by re- pealing Section 1 (1) thereof and enacting a substitute therefor and providing for a penalty for viola- tion thereof, said ordinance having been passed upon first reading on April 24th, 1951 and ordered 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. 24-51 An Ordinance amend Ordinance No. 39-49, being "an Ordinance establishing parking regulations on certain parts of Seminary Street and other streets" by repealing Section 1 (1) thereof and enacting a substitute therefor and providing for a penalty for violation thereof. Be It Ordained by the City Coun- cil of tihe City of Dubuque: Section I. That Ordinance No, 39--49 is hereby amended by re- pealing Section 1 (1) thereof and substituting the following therefor: "Section 1 (1) The north side of Seminary Street from the west line of North Main Street to the east line of Harold Street." Section II. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and publication as pro- vided by Law. Passed upon first reading this 24th day of April, 1951. Rule requiring that Ordinances be read on three separate days suspended 24th day of April, 1951. Passed, adopted and approved upon final reading this 7th day of May, 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 11th day of May, 1951. J. J. SHEA, City Clerk. Councilman Welu moved the adoption of the ordinance. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the City Council meeting of March 5, 1951, the petition of Ruth and Mae Keller requesting that measures be taken to eliminate storm drainage flow across their property from the alley between Hill and Lois Streets was referred to the City Engineer for investiga- tion and report. The Engineering Department has completed a survey and prepared a plan to confine the drainage from Solon Street within a con- crete conduit extending from Solon Street to Reeder Street. This pro- cedure will correct the condition complained of by the petitioners. The pipe and manholes for the project have been ordered and de- livered and it is recommended that the street department be directed to install the drainage line as soon as possible. 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. May 4, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the City Council meeting of March 28, 1951, the communication of Frank Specht, 95 Valley Street, concerning surface drainage from the bluff overlooking his property was referred to the City Engineer for investigation and report. The writer has investigated the condition from both the top and bottom of the bluff and respect- fully submits the following report: (1) The surface drainage com- plained of appears to originate i ! '1 !! is 1'; 284 Regular Session, May 7th, 1951 along the vertical face of the bluff since there is no evidence that any topographical changes have been made on the upper level in recent years which would divert natural flow or direct additional surface water toward the com• plainant's property. (2) There are no practical cor- rective measures which the City can take since the surface drainage originates on private property and must necessarily he solved by the property owners concerned. Respectfully submitted, R. J. GALLAGHER, City Engineer, Councilman Welu moved that the report of City Engineer Gallagher be received and placed on file. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the Play- ground and Recreation Commis- sion held Thursday, May 3, 1951, a discussion was had on the subject of better ways and means of pro- viding asupervised recreational program for the girls of our city, At the conclusion of this dicus- sion the following action was unanimously adopted: "That a letter be sent to the City Council asking that they rescind their action of July 27, 1950, at which time the third floor of the Armory building was closed to public use, that the said Armory building after approval by the Chief of the Fire Department and the Building Commissioner, may be used by the Recreational Department for promoting super- vised recreational activities ex- clusively for the girls of Dubuque" That a need exists for a girls recreational center cannot be denied, however the facilities to provide such a program are very limited. The only available space is on the third floor of the fire headquarters building, Ninth and Iowa Streets. Conversation with Fire Chief Hickson has revealed his department is not opposed to the use of this space by the Re- creation Department, if thought is given to the type of activities to be sponsored, and reasonable clos- ing hour is established, The mem- bers of the Recreation Commission are in full agreement with the thoughts of Chief Hickson since care and judgment must be ex- ercised in administering a pro- gram of this nature. Question has been raised as to the condition of the building from the standpoint of safety. A study of the structure indicated no prob- lem exists since one hundred to two hundred girls could easily be accomodated without danger. Your honorable body is respect- fully petitioned to give this matter your attention since it is the feel- ing of the Recreation Commission that it will be in the best interests of the girls of the city and be for the betterment of the community. Respectfully submitted, by order of Playground and Recreation Commission, By: N. J. SUTTON. Councilman Kolb moved that the petition be granted. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 5, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On March 5, 1951, a claim of Betty Wiezorek of 2744 Elm Street, Dubuque, Iowa was referred to this office for investigation and report. Investigation was duly made and it appears that the claim is based upon a defective catch basin at the corner of 30th and Jackson Streets, and that Claimant sustained her damage by driving her car into said basin. From a review of the premises it is concluded that no negligence could be attributed to the City in the maintenance of said catch basin and it is therefore respect- fully recommended that said claim be denied, Respectfully Submitted, ROBERT M. CZIZEK, Asst. City Solicitor. Regular Session, May 7th, 1951 285 Councilman Austin moved that the recommendation of Assistant City Solicitor Czizek be accepted. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, May 5, 1951 To the Honorable Mayor and Members of the City Council, of the City of Dubuque, Iowa. Gentlemen: v,- On April 5th; 1951, the claim of Oliver Macomber, of 1752 Central Avenue, Dubuque, Iowa, for dam- ages to his car in the sum of $10.00 was submitted to this office for investigation and report. After due investigation it ap- pears that the City of Dubuque was not negligent in any fashion which might create a liability for damages, and therefore it is re- spectfully recommended that said claim be denied. Respectfully Submitted, ROBERT M. CZIZEK, Asst. City Solicitor. Councilman Welu moved that the recommendation of Assistant City .. Solicitor Czizek be accepted. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On Apri15,1951, a judgment was obtained against the City of Du- bupue in the case of Nettie Bohler vs. City of Dubuque, for $1,000.00. The property owner, Freda Far- . guar has consented to contribute toward the payment of said judge- -' ment the sum of $250.00. In this ~~ ~ connection please be advised that a notice in compliance with Section 420,46 of the 1950 Code of Iowa was served upon the said Freda Farquar, as owner of the said property involved herein. She is a non-resident of Iowa, maintaining her residence in Randolph, Wis- consin. Being anon-resident and having transferred her interest in said property upon receipt of said notice, process upon her under f `r E said notice would be ineffectual. It was therefore considered advis- able to accept her contribution of $250.00, and thus the final amount which the City will pay on said judgment is reduced by $250.00. It is therefore respectfully re- commended that the Auditor be instructed to draw a warrant in favor of Kenline, Roedell, Hoffman and Reynolds and Nettie Bohler in the sum of $750.00 to be delivered to her upon the execution of a proper release. In contributing $250.00, the property owner demands a proper release to be executed and de- livered to her which release will exonerate her from the payment of any further sums as a result of this action. Such release is hereto attached for proper execution. In conjunction with the judge- ment hereinabove referred to, there is also a judgment for costs against the City in the sum of $60.65 which judgement should likewise be paid. It is therefore respectfully recommended that the Auditor be instructed to draw a warrant in favor of Val. Kies, Clerk in the sum of $60.65 in payment of said costs. Paul Becker, Weatherman, was subpeoned as a witness on behalf of the City, but since he did not testify, his witness fee was not in- cluded in the costs above referred to. This witness should be paid for his appearance and his fee to- gether with his milage is in the sum of $7.20 and the Auditor should be instructed to issue a warrant in his favor for said amount. Respectfully submitted, ROBERT M. CZIZEK, Asst. City Solicitor. Councilman Welu moved that the recommendations of Assistant City Solicitor Czizek bg approved and the City Auditor instructed to draw a warrant in the amount of $750.00 in favor of Kenline, Roe- dell, Hoffman and Reynolds and Nettie Bohler as settlement in full of the judgment, said warrant to be delivered upon receipt by the City of Dubuque of a properly executed release, also that the City Auditor be instructed to draw 286 Regular Session, May 7th, 1951 a warrant in the amount of $60,65 in favor of Val Kies, Clerk to cover the amount of court costs, also that the City Auditor be instructed to draw a warrant in the amount of $7.20 in favor of Paul Becker to cover witness fees. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 5, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On March 9, 1951, the claim of John Schadler of 505 East 4th St., Dubuque, Iowa, was referred to this office for investigation and report. From an investigation of this claim, it appears that Mr. Schadler sustained damages to his automobile when he dropped into a hole in front of 1819 Bennett Street, This hole is the result of improperly filled excavation in the street. The damages claimed are $8.00. It is therefore respectfully re- commended that said claim be paid and that the Auditor be in- structed to draw a warrant in favor of the said John Schadler in the sum of $8.00 to be delivered to him upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Asst. 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 $8.00 in favor of John Schadler, as settle- ment 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 Schueller. Carried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. May 5, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On April 18, 1951, the claim of Eldon Adams was referred to this office for investigation and report. The investigation discloses that the car operated and owned by Eldon Adams was damaged when it struck a deep depression in the street at the intersection of Merchants Lane and Gold Street. The damage to the car was in the sum of $11.88. The investigation further dis- closed that a hole of sizable pro- portion did exist at that intersec- tion and the same was neither lighted nor barracaded. It is there- fore respectfully recommended that the same be paid and that the Auditor be instructed to draw a warrant in favor of Eldon Adams in the sum of $11.88 to be delivered to him upon the execution of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Asst. 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 $11.88 in favor of Eldon Adams, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May'5, 1951 To the Honorable Mayor and Members of the City Council of the City of Dubuque, Iowa. Gentlemen: On March 7, 1951, the claim of Cletus Palm in the sum of $25,60 for damages to a tire and tube sus- tained as aresult of driving into a hole left there after an excava- tion in the street in front of the premises known as 343 Hill Street, was referred to this office for in- vestigation and report. After due investigation it ap- pears that a hole did exist in the street and that the same was neither barracaded nor lighted. It is therefore respectfully recom- mended that said claim be allowed and that the Auditor be instructed to draw warrant in Favor of Cletus Regular Session, May 7th, 1951 287 Palm in the sum of $25.60, to be delivered to him upon his execu- tion of a proper release. Respectfully submitted, ROBERT M. CZIZEK, Asst. 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 $25.60 in favor of Cletus Palm, as settle- ment in full of his claim, and that said warrant be delivered upon re- ceipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 2, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of George Saffron requesting a sixty day extension on his contract for the construction of Simpson-Coates Street sanitary sewer has been referred to the City Manager for report. The progress of the project to date has been investigated and due to the conditions as they exist I recommend an extension of thirty (30) days for the completion of the actual sewer and an ad- ditional thirty (30) days to repair streets and general clean-up work. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Manager Schiltz be approved providing the consent of the Bonding Company is secured. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and policy and desire to have your approval on same for filing: TAXICAB Black & White, Yellow & Checker Cab Co., Inc, 410 Eighth Avenue; Policy No. LAC 3-2678, Fireman's Fund Indemnity Co. PERSONAL Leonard H. Crane, Manager of Bunker Hill Golf Course; National Surety Corporation. Betty L. Crane, Asst. Manager of Bunker Hill Golf Course; National Surety Corporation. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the bonds be approved and placed on file. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the term of R. D. Waller on the Planning and Zoning Commission expires on May 24, 1951. A vacancy also exists on the Playground and Recreation Com- mission due to the fact that Mrs. Grace Schneider has left the city. Her term expires July 5, 1952. Your action on these two ap- pointments is requested. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that action be deferred until the meet- ing of the City Council on May 14, 1951, Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of Mr. Glynn J. Albert requesting installation of street lights on .Adair Street and also the petition of Donald A. Cal• 288 Regular Session, May 7th, 1951 lahan and others requesting the installation of a street light at the intersection of Loras and Cum- mings Street were referred to the City Manager and Electrical In• spector for recommendation and report. An investigation of these loca• tions has been made and it is our recommendation that two street lights be installed on Adair Street, one at the intersection of Dexter Street and one at the intersection of Decorah Street, also on Loras Boulevard at the intersection of Cummings Street. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the recommendation of City Manager Schiltz be adopted. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 7, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: According to Section 11.19, Code of Iowa 1950, the city can elect to have its accounts audited by certi• fied public accountants rather than the State Auditor's Office, This procedure has been followed in the past and I recommend that the City Council authorize the City Manager to employ a certified public ac- countant to audit our records. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiitz be approved and the City Manager authorized to employ a certified accountant to audit the City records. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 3, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the re- location of Fremont Avenue at Cat- fish Creek under contract with the J, C. Costigan Construction Company of Elkader, Iowa, has been completed in accordance with the plans and specifications, I, therefore, recommend the ac- ceptance of this work by the Council. 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, Kalb, Schueller, Welu. Nays-None. (A Resolution Accepting Im- provement). City of Dubuque, Iowa RESOLUTION NO.. 161-51 Whereas, the contract for the relocation of Fremont Avenue at Catfish Creek has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed according to the terms of the contract, plans and specifi- cations and recommends its ac- ceptance; now therefore, Be It Resolved, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted. B It Further Resolved, that the City Treasurer be and he is hereby directed to pay to the contractor from street construction fund in amouni equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 7th day of May, 1951. Approved; ROMOLO N. RUSSO, Mayor. CLARENCF. P. WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Councilmen, Attest: J. J. SHEA, City Clerk. .., ..s •: ;1 ~~ Regular Session, May 7th, 1951 289 Councilman Kolb moved the ' adoption or the resolution. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 1, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council after viewing the property described as Lots 6 and 7, Quigley's Subdivision of 0. L. 712, agreed to accept the offer of $200.00 from Mr. Jerome B. Schiltz for the purchase of said lots owned by the City of Dubuque. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu 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. RESOLUTION N0. 162-51 RESOLUTION AUTHORIZING CONVEYANCE OF C E R T A I N LANDS TO JEROME B. SCHILTZ. Whereas, Jerome B. Schiltz has offered to purchase the following described real estate from the City of Dubuque for the price of Two Hundred Dollars ($200,00);. and Whereas, the City Council has viewed the ground and deems the same unsuitable for any purposes of the City of Dubuque; Now, Therefore, Be It Resolved: That the Mayor is hereby author- ized to execute a Quit Claim Deed in the name of the City of Du- buque conveying all its right, title and interest in: Lots 6 and 7, Quigley's Subdivi- sion of 0. L. 712 to Jerome B. Schiltz of Dubuque, Iowa; That the City ^lerk 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 Jerome B. Schiltz upon receipt of the agreed purchase price of Two IIundred Dollars ($200.00) in cash, Passed, adopted and approved this 7th day of May, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. April 30, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Funds in the Municipal Golf Course Fund are insufficient at this time to pay for work neces- sary to recondition the golf course for its operation this year. Neces- sary funds will be forthcoming on July 1st. In the meantime, I recommend that a temporary transfer be made from the Consolidated Fund to the Municipal Golf Course Fund. Respectfully submitted, L. J, SCHILTZ, City Manager, Councilman Welu 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, APPLICATION FOR APPROVAL OF THE TRANSFER OF FUNDS. To the State Comptroller of the State of Iowa, Des Moines, Iowa. City of Dubuque, Dubuque County, Iowa, herewith makes ap- plication for your approval of its resolution transferring from the Consolidated fund of City of Du- buque, Dubuque County, Iowa, to '+,f !i k '1 290 Regular Session, May 7th, 1951 " Regular Session, May 7th, 1951 291 the Municipal Golf Course fund of City of Dubuque, Dubuque County, Iowa, the sum of Ten Thousand Dollars ($10,000.00). This transfer is temporary and said amount will be returned from the Municipal Golf Course fund to the fiand from which it is transferred as soon as necessary. Accompany- ing this application is a copy of the resolution of transfer together with a showing that all of the re- quirements of the law for the transfer of said sum of money have been complied with. (Presiding Officer) ROMOLO N. RUSSO, Mayor. (Secretarial Officer) J. J. SHEA, City Clerk. Dated May 7th, 1951. (Post- office Address) City Hall, Dubuque, Iowa, CERTIFICATE OF ATTORNEY I, T. H. Nelson, City Attorney hereby certify that the attached resolution to transfer funds has been submitted to me and that I find that all the provisions of law relating to municipalities have been complied with. Signed, T. H. NELSON, Attorney. RESOLUTION N0. 163-51 Whereas, there is in the hands of the City Treasurer and credited to the Consolidated Fund the sum of $10,000.00, and Whereas, it is desired to transfer $10,000.00 from the Consolidated fund to the Municipal Golf Course Fund, far the following reason: Funds in the Municipal Golf Course Fund are insufficient, until July 1st, to pay for the work necessary to recondition the facilities needed for its operation, and Whereas, proper arrangements have been made for the return of this money, same to be returned within one year from date of transfer, and Whereas, there is sufficient money in the Consolidated Fund to meet all demands thereon, until said money can be returned, and Whereas, a 11 laws relating to municipalities have been complied with. Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque, Du- buque County, Iowa, subject to the approval of the State Comptroller, that said sum of $10,000.00 be, and the same is hereby ordered trans (erred from the Consolidated Fund to the Municipal Golf Course Fund, and the City Auditor is directed to correct his books accordingly and to notify the City Treasurer of this transfer, accompanying the notifi- cation with a copy of this resolu- tion and the record of its adoption. The vote thereon being as fol- lows: Ayes: ROMOLO N. RUSSO, CLARENCE P, WELU, RAY KOLB, RUBEN V. AUSTIN, LEO N. SCHUELLER, Nays-None. (Presiding Officer) ROMOLO N. RUSSO, Mayor. (Secretarial Officer) J. J. SHEA, City Clerk. I, J. J. Shea, City Clerk (Secre- tarial Officer), of Dubuque, Du- buque County, Iowa, hereby certify the above to be a true and correct copy of resolution passed by the City Council on the 7th day of May, A.D. 1951. J. J. SHEA, City Clerk. Councilman Kolb moved the adoption of the resolution. Sec- onded by Councilman Austin. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 164-51 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 "S" PERMIT Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Dell Warren and Ralph Warren, 1700 Central Avenue. Martin Meyer and Vernon Meyer, 530 East 22nd Street. .~} _~:, CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue, Dubuque Metal Trades Council Club, 111 West 6th Street. CLASS "C" PERMIT Earl T. Avery, 1602 .Lincoln Avenue. R. Daniel Winders, 2204 Central Avenue. Carl Van Duelman, 590 Seminary Street. Passed, adopted and approved this 7th day of May, 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 Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 165-51 Whereas, hertofore 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 bo occupied by such applicants haves been inspected and found to comply 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 Man- ager be and he is directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Dell Warren and Ralph Warren, 1700 Central Avenue, Martin Meyer and Vernon Meyer, 530 East 22nd Street. CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No. 67, 1201 Central Avenue. Dubuque Metal Trades Council Club, 111 West 6th Street. CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Avenue. R. Daniel Winders, 2204 Central Avenue. Carl Van Duelman, 590 Seminary Street. Be It Further Resolved that tho bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of May, 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 Schueller. Carried by the following vote; Yeas-Maya 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, wha wishes to do so, to address the Council, Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilman Austin, Kolb, Schueller, Welu. Nays-None. Mr. R, G. Ogaard addressed the Council with reference to the re- pairing of Hillcrest Road and alsd with reference to the construction of sidewalks on Hillcrest Road., 292 Regular Session, May 7th, 1951 Councilman Welu moved that the matter of constructing curbs, gut- ters and sidewalks on Hillcrest Road within the City Limits be re~ ferred to the City Manager, City! Engineer and City Solicitor for study and to submit a report back to the City Council. Seconded by Councilman Schueller. Carried by' the following vote: Yeas-Mayor Russo, Councilman; Austin, Kolb, Schueller, Welu. Nays-None. Mr. Nick Grommersch addressed the Council requesting the removal of the garage and fence now in place on Putman Street, also that the alley north of Muscatine Street be opened and that the dog kennel located on property on Sabula Street be investigated. Councilman Schueller moved that the verbal request of Mr. Nicf~ Grommersch be referred to the City Manager for investigation and to submit a report back to the City Council. Seconded by Council• man Kolb. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Approved ............... 1951 Adopted ................ 1951 Councilmen ...................................... Attest :................................................... City Clerk Councilman Welu moved that the City Manager and Street Com- missioner be commended for their speedy action in the matter of cleaning up the debris and flushing of streets after the recent flood. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. There being no further business Councilman Schueller moved to adjourn. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. -a >~ .~ t Special Session, May 14th, 1951 293 City Council (OFFICIAL) Special Session, May 14th, 1951. Council met at 7:30 P.M. Present-Mayor Russo, Council- men Kolb, Schueller, Welu. City Manager Schiltz. Absent-Council- man Austin. Meeting called by order of Councilmen Kolb and Schueller. Mayor Russo read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of considering the bids submitted for the construction of Storm Relief Sewers and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified' to by the publishers, of notice of advertisement of bids for the con- struction of Storm Relief Sewer, Section A, Dodge Street Storm Re- lief Sewer. Said proposed sewer to be located as follows: Beginnings at the intersection of First Streetr at the Dubuque Ice Harbor; thence westerly on First Street to the alley between Locust and Bluff Streets; thence southerly in said alley to the southerly line of Dodge Street, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. to the east property line of White Street, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent- Councilman Austin. Proof of publication, certified to by the publishers, of notice of advertisement of bids for the con struction of Storm Relief Sewer, Section C, Southern Avenue Storm Relief Sewer. Said sewer to be located as follows: Commencing at the intersection of Railroad Street and Southern Avenue; thence east- erly on Railroad Street a distance of approximately 150 feet; thence southerly and at right angles to said Railroad Street a distance of approximately 450 feet to the point of beginning which is the terminus of the existing 60" storm sewer; thence southerly and southeasterly a distance of approximately 1,940 feet to the terminus and junction with the existing railroad culvert! beneath the tracks of the Chicago,. Milwaukee, St. Paul & Pacific, Railroad Company and of the Illinois Central Railroad Company tracks at what is known as Soutkl Junction, which existing culvert discharges into the westerly side of the Mississippi River, presented and read. Councilman Welu moved that the proof of publication be re, ceived and filed. Seconded by, Councilman Kolb. Carried by the following vote; Yeas-Mayor Russo, Councilmen Nays-None. Absent-Councilman Austin. Proof of publication, certified to by the publishers, of notice of advertisement of bids for the con- struction of Storm Relief Sewer, Section B, Eighth Street Storm Relief Sewer. Said proposed sewer to be located as follows: Beginning at the intersection of Lake Peosta slough and of the prolongation of East Eighth Street Extended; thence westerly along the prolon- gation of East Eighth Street Ex~ tended and of East Eighth Street Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Proof of publication, certified to by the publishers, of notice of advertisement ofi bids for the con- struction of Storm Relief Sewer, Section D, Bee Branch Relied Sewer. Said proposed Sewer to be located as follows: Beginning at the intersection of East 15th Street with Sycamore Street; thence west erly on East 15th Street to Maple Street; thence northerly on Maple, 294 Special Session, May 14th, 1951 Street to East Seventeenth Street; thence westerly on East Seven- teenth Street to Central Avenue; thence confining westerly on West Seventeenth Street to the east property line of Main Street; thence beginning again at the in- tersection of East Seventeenth Street with Jackson Street; thence northerly on Jackson Street to East Twenty-Eighth Street; thenco westerly on East Twenty-Eighth Street to Central Avenue; thence northerly on Central Avenue to its terminus at the intersection with the existing Bee Branch Storm Sewer located in Central Avenue at approximately the middle point between Thirtieth and Thirty-sec- ond Streets, presented and read. Councilman Welu moved that the proof of publication be re- ceived and filed, Seconded b~ Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. May 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I recommend that action by the Council an the bids on Storm Re+ lief Sewers opened today at a o'clock be deferred until the con• suiting engineers confer with the James McHugh Construction Com~ pony in regard to changes in plan that could be made to reduce the bid price. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Sec- onded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of The Key City Gas Company advising Council that they do not consider that The Key City Gas Company is under obligation to undertake an expense of at least $50,000.00 which may be necessitated by the storm relief sewer construction and wishes to so advise the Council before any bid is accepted or contract awarded, presented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the fallowing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Commmunication of Censoer, Townsend & Associates, by Arthur W. Censoer, advising Council that if they wish to issue bonds for necessary construction work, that it is advisable but not necessary that the City file or have filed in their behalf an application for approval of the proposed bond issue by the Midwest National Com- mittee of the National Voluntary Credit Restraint Committee and it necessary to file with N.P.A., pre- sented and read. Councilman Kolb moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin, Notice of Claim of Carl Burkart in the amount of $18.00 for a fire and tube damage caused in strik- ing a four prong fork dropped from a city refuse truck on the Sageville Road in front of the K & B business establishment, pre- sented 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 Kolb, Schueller, Welu. Nays-None, Absent-Councilman Austin. Notice of Claim of John Winner in the amount of $21.74 for dam- ages to his truck caused by strik- ng abed bole in the street at the corner of Rosedale Avenue and Auburn Street, presented and read. ;, '~ Special Session, May 14th, 1951 295 Councilman Kolb moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Welu, Carried by the follow- ing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None, Absent-Councilman Austin, Communication of the Parking and Infra-City Traffic Committee of the Dubuque Chamber of Com- merce making inquiry as to the present status in regard to the construction of an overpass at East 14th Stret, presented and read. Councilman Welu moved that the communication be received and filed, Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin, Communication of The Hillcrest Baby Fold, by Anna B. Lowther, President Board of Directors, ask- ing ,Council to deny the petition for the construction of curbing and guttering on the South side of Hillcrest Road, presented and read. Councilman Schueller moved that the communication be referred to the City Manager. Seconded by Mayor Russo. Carried by the fol- lowing vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of Charles E, Wilson, Director, Office of Defense Mobilization, Washington, D,C. sub- mitting for Council consideration Bulletin Number 3 of the Volun- tary Credit Restraint Committee Postponement of State and Local Government borrowing, and asking Council, on behalf of our govern- ment, to postpone borrowing, no matter how worthy the purpose, if the project is postponable, pre- sented and read. Councilman Welu moved that the communication be received and placed on file. Seconded by Couna Gilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication from the Presi- dent inviting Honorable Clarence P. Welu to attend the sessions of the Highway Safety Conference to be held in Washington, D,C. on June 13, 14 and 15, 1951, presented and read. Councilman Welu moved that action be deferred pending future consideration. Seconded by Coun- cilman Schueller. Carried by tho following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of A. A. Rhom- berg submitting offer in the amount of $5,000.00 for the pur- chase of City owned property known as Lots 1 of 3 and 2 of Randall's Sub., presented and read. Mayor Russo moved that the communication be reffered to the Council to view the grounds. Seca onded by Councilman Welu. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. Communication of Franklin M. Kreml, Director, The Traffic In- stitute, Northwestern University, Evanston, lllinois, with reference to the Annual Summer Institute for Traffic Training to be held during June and July, 1951, at North- western University, presented and read. Councilman Welu moved that the communication be referred to the City Manager to confer with the Chief of Police. Seconded by Councilman Kalb. Carried by the, following vote: Yeas-Mayor Russo, Councilmen Kolb, Schueller, Welu. Nays-None. Absent-Councilman Austin. ',~ 296 Special Session, May 14th, 1951 Councilman Austin entered the Council Chamber and took his seat at 8:15 P.M. Councilman Welu moved that the rules be suspended for the purpose of allowing any one~pres- ent in the Council Chamber, whop 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 the Dubuque Policemen's Protective Association„ By Byrne A. O'Brien, President, presenting for Council considers, tion an "8-Point Program" designed not only with the view in mind of creating conditions that will tend to attract capable men to the Police Service but also aid in retaining those who have already entered upon the career, presented and, read. Mr. Byrne O'Brien, President of Dubuque Policemen's Protective Association and Sergeant John Davis of the Dubuque Police Des partment addressed the Council in support of the "8-Point" program. Councilman Kolb moved that the communication be referred to the. City Council and City Manager for consideration, Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of J. H. Schrup asking for a change in the city ordinance in order that he can construct a runway to a necessary garage on his property located at 794 West 5th Street, as the present curbing, and probably the sidewalk, is too high for a runway, presented and read. Councilman Austin moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Leo E. Dolan and others, property owners on Rowan Street and Rockdale Road, stating that they approve the recent action taken to eliminate trailers from their neighborhood and asking that this neighborhood be kept freo from anything that would tend to lower their value and appearance, presented and read. Councilman Kalb moved that the petition be received and filed. Sec- onded by Councilman Austin, Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Ben Maiden and others requesting that there be no parking allowed on East Sixteenth Street, from the railroad tracks (Pine Street) to Elm Street, there» by allowing a two lane traffic to discharge workers into Elm Street and up Sixteenth Street, presented and read. Councilman Welu moved that the petition be referred to thel Chief of Police and Fire Chief for their recommendation and report. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb Schueller, Welu. Nays-None. Petition of Ben Maiden and others requesting that the stop signs on East 29th Street, on Elm and Washington Streets, be changed to stop traffic on Elm and Wash- ington Streets, and not as it is now, to stop traffic on East 29th Street, presented and read. Councilman Welu moved that the petition be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Phillip Mihalakis re- questing arefund in the amoun± of $100.00 on the unexpired por» tion of his Class "B" Beer Permit No, 105, as he has discontinued business on April 24, 1951, pre- sented and read. Councilman Kolb moved that the request be granted and the City ,, ~'s .~ Special Session, May 14th, 1951 297 Auditor instructed to draw a war- rant in the amount of $100.00 in favor of Phillip Mihalakis to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 105. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Archdiocese of Du- buque and Surkin Mercantile Com» parry requesting permission td erect a canopy of incombustible. construction extending a maximum of 5 feet from the face of the building and at a minimum height of 12 feet above the sidewalk on the building located at the South east corner of Seventh and Main. Streets, presented and read. Councilman Kolb moved that the request be granted and proper pro- ceedings ordered prepared. Sec- onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Geo. Anderson re- questing permission to run a sani- tary sewer along the curb on Farley Street to the main sewer along the Milwaukee railroad tracks in order to serve Lot 5 of Jaeger's Sub. in the 1100 Block on Garfield Avenue, presented and read. Councilman Welu moved that the request be granted, the wor)~ to be done under the supervision of the City Engineer and that proper proceedings be prepared, Seconded by Councilman Kolb.. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Guy C. Spero and others, property owners on Perry Street in Grandview Park Addition, asking that an estimate of the cast of sewering be given to them for the purpose of determining tho possibility of a sanitary sewer be placed for their use, presented and read. Councilman Welu moved that the petition be referred to the Cty Engineer. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. Petition of Earl Scharry, Presi~ dent, Iowa Association of they Blind, requesting that a proclama- tion be issued proclaiming the week of May 15-21, inclusive, As White Cane Week, presented and read. Councilman Schueller moved that the Mayor be authorized to issue the proclamation as re~ quested. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of the Dubuque Boat Club requesting that they be granted control of the Eagle Point River Front area bounded on the South by Hawthorne Street, on the west by the Chicago, Milwaukee Railroad tracks and on the north by the Dubuque-Wisconsin Bridge for the purpose of holding profes- sional boat races on July 1, 1951 and to make a nominal charge for admission to the said area, pre- sented and read, Councilman Kalb moved that the request be granted under the same conditions and provisions as granted in former years. Seconded by Councilman Austin. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None. Councilman W'elu that the City Manager be instructed to commun- icate with the Dock Board and re~ quest the Dock Board to make necessary improvements at the Eagle Point Boat Landing. Sec onded by Councilman Kolb. Car- ried by the following vote; Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Petition of Orlin J. Conlon and Eldon F, Essman requesting that proper proceedings and steps. be taken to bring about the vacation and sale of the property marked 298 Special Session, May 14th, 1951 for "street purposes" in front of Lot 38 in Grandview Heights on Victoria Avenue, presented ands read. Councilman Kolb moved that the petition be referred to the Plana 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. May 9, 1951 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: Attached is a Grant of Easement through Mineral Lot 602 in Ham's Addition to enable the Water De- partment to extend a 16 inch cast iron water main. Respectfully submitted, J. J. HAIL, Superintendent, City of Dubuque, Iowa, Water Department. Councilman Welu moved that the communication and grant of easement be received and made a matter of retard and also that the Grant of Easement be recorded with County Recorder. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, GRANT OF EASEMENT KNOW ALL MEN BY THESE PRESENT: That in consideration of One Hundred Dollars ($100.00) in hand paid by the City of Dubuque, Iowa, a municipal corporation or its assigns, the receipt whereof is hereby acknowledged, the under signed Joseph A, and Josephine S. Rhomberg, husband and wife; Albin A. and Bernardine M. Rhom- berg, husband and wife; Edward B. and Mary A. Rhomberg, hus- band and wife; Vivtoria Rhomberg Finch and Alford F. Finch, wife and husband; Louis A, and Nadine T. Rhomberg, husband and wife; Rita Mae Rhomberg Entringer and Albert J. Entringer, wife and hus- band; Anne Rhomberg O'Sullivan and Daniel J. O'Sullivan, wife and husband; and Charlotte Rhomberg,. single, being the owners of Mineral Lot 602 in Ham's Addition, hereby grant and convey to the said City of Dubuque, Iowa, or its assigns, a perpetual hight of easement in said lot as hereinafter describedi for the purpose of installing, at the City's expense, a water service main, with the right to go upon said premises at all reasonable times for the purpose of repairing the same where installed; pro- vided, however, that said City of Dubuque, Iowa, shall replace what- ever earth, sod or schrubbery that may be disturbed in the installa- tion or repair of said water service main to as good condition at it was in before the same was dis- turbed. Said easement is ten feet in width and lying five feet on each side of the following center line: Beginning at a point on the south- easterly line of Lot 602 in Ham's Addition five feet northeast of the southeasterly corner of said lot; thence North 57' West and parallel to the southwesterly line of said lot to a point on the northwesterly line of said lot 5 feet northeast of the northwesterly corner of said lot. The Grant of Easement shall be binding upon the undersigned, their heirs, executors, administra- tors, purchasers and assigns for- ever. Signed this 7th day of May, 1951, Edward B. Rhomberg, Mary A. Rhomberg, Victoria Rhomberg Finch, Alford F. Finch, Louis A. Rhomberg, Nadine T. Rhomberg, Rita Mae Rhomberg Entringer, Albert J. Entringer, Catherine Rhomberg Gehrig, Paul J. Gehrig, Anne Rhomberg O'Sullivan, Daniel J. O'Sullivan, Charlotte Rhomberg, By: JOSEPH A.RHOMBERG, ALBIN A. RHOMBERG, Attorneys in Fact. JOSEPH A, RHOMBERG, ALBIN A. RHOMBERG, JOSEPHINE S. RHOMBERG, BERNARDINE M. RHOM- BERG. State of Iowa t SS. Dubuque .County J On this 7th day of May, 1951 before me, Geraldine L. Jenni, Notary Public, personally appeared Special Session, May 14th, 1951 299 Joseph A. Rhomberg and Albin R. Rhomberg to me known to be tho persons who executed the forego- ing instrument in behalf of Ed- ward B. Rhomberg, Mary A. Rhom- berg, Victoria Rhomberg Finch, Alford F. Finch, Louis A. Rhom- berg,_ Nadine T. Rhomberg, Rita Mae Rhomberg Entringer, Albert J. Entringer, Catherine Rhomberg Gehrig, Paul J. Gehrig, Anne Rhomberg O'Sullivan, Daniel J. O'Sullivan, Charlotte Rhomberg! -:; and acknowledged that they exe- ' cuted the same as the voluntary act and deed of said Edward B. Rhomberg, Mary A. Rhomberg, Victoria Rhomberg Finch, Alford F. Finch, Louis A. Rhomberg, Nadine T. Rhomberg, Rita Mae Rhomberg Entringer, Albert J. Entringer, Catherine Rhomberg Gehrig, Paul J. Gehrig, Anne Rhomberg O'Sullivan, Daniel J. O'Sullivan, Charlotte Rhomberg, GERALDINE L. JENNI, Notary Public in and for said County. State of Iowa 1 SS. Dubuque County J On this 7th day of May, 1951 '~;+ before me Geraldine L. Jenni„ Notary Public, personally appeared Joseph A. Rhomberg, Josephine S, Rhomberg, Albin A. Rhomberg, and Bernardine M, Rhomberg, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that ', they executed the same as their ', voluntary act and deed. GERALDINE L. JENNI, Notary Public in and for said County. May 10,1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: ''~ , The petition of Donald F, Hun- toon for Mrs. C. B. Trewin and, Mrs. Dorothy Huntoon was referred to me for report. I have investigated the condition of the sewer with the Street Com- missioner and as soon as possible after the street cleanup corrective measures will be taken. Mr. Hun- toon has been so notified. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the communication of City Man- ager Schiltz be received and madd a matter of record. Seconded by Councilman Kolh. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 10, 1951 To the Honorable Mayor and City Councll, Dubuque, Iowa. Gentlemen: The petition of Mr. Vic Grice and others requesting oiling or surfacing of Victoria Street was re- ferred to me for report. I would recommend that this work be placed in the street pro- gram and as soon as a policy is determined as to the assessment of costs that proper action be taken. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Austin moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu, Nays-None. May 11, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: ' I have approved the Excavation Bond of Joseph Welbes from the Hawkeye Security Insurance Com- pany of Des Moines. I recommend that this action be concurred by the council. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved. Seconded by Councilman Kolb, Carried bye the following vote: Yeas-Mayor Russo, Councilmen' Austin, Kolb, Schueller, Welu. Nays-None. 300 Special Session, May 14th, 1951 May il, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Manager is authorized to contract for the services of a competent and qualified engineer- ingfirm to assist the City Engineer in collection of engineering data in preparation of plans and speci- fications of the work on the Lake Peosta sewer project. I recommend that the Mayor and City Clerk be authorized to execute this agreement. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Welu moved that the recommendation of City Man• ager Schiltz be approved and the Mayor and City Clerk authorized to execute the Agreement on be• half of the City of Dubuque. Sec• onded by Councilman Kolb. Car- ried by the following vote: - Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. AGREEMENT This agreement made and en• tered into by and between City of Dubuque, Iowa, a Municipal cor• poration, hereinafter referred to as the City, and Carl F. Bartels and Paul McMahan, a partnership doing business in the City of Dubuque, Iowa, hereinafter referred to as the Engineers, Witnesseth: Whereas, the City contemplates the dredging of a sewer channel, from the outlet of the present Bee Branch Sewer northwesterly, north- erly and northeasterly to the Mis• sissippi River near Eagle Point a distance of approximately 9,700 feet together with the construction of a bridge over said sewer op- posite East Fourteenth Street, known as the Lake Peosta Sewer Project; and, Whereas, the City Manager of the City has been authorized to contract for the services of a competent and qualified engineer- ing firm to assist the City Engi- neer in the collection of engineer- ing data and preparation of plans and supervision of the work; and, Whereas, the Engineers have represented themselves as compe- tent and qualified to perform said services and have offered to per- form the same for the compensa- tion herein agreed upon; Now, Therefore, it is agreed: 1. All engineering data and plans, surveys and maps hereto- fore prepared by the Engineers for the Dock Board of the City of Dubuque shall become the prop- erty of the City upon the execu- tion of this agreement. 2. The Engineers agree, at their own expense, to make all further surveys, soundings, test borings, and other investigation necessary to the preparation of plans, speci- fications and contract documents for the execution of said Lake Peosta Sewer Project. 3. The Engineers agree, at their own expense to prepare all sur- veys, general and detailed plans and specifications and detailed estimates necessary for said dredg- ing and bridge construction, and to furnish the City with 15 copies of said plans, specifications and estimates, together with forms for proposals, advertisement of con- struction contracts, construction contracts, and bonds. 4. The Engineers shall at their own expense prepare all necessary maps and sketches and assemble any other necessary engineering information incidental to obtain- ing from the State or Federal Governments or any other regula- tory bodies any permits or licenses that may be necessary to the pros- ecution of the work. 5. When the City is ready to advertise for bids for the pro- posed construction work, the Engi- neers shall assist the City in in- teresting experienced and qualified contractors in bidding on the work, shall assist the City in canvassing contract bids and in investigating the qualifications of bidders, and shall assist the City in awarding construction contracts. 6. The Engineers shall furnish proper full time supervision and inspection of all construction work by competent and experienced personnel and make all tests, bor- ings and soundings necessary to proper supervision and inspection of the work. ~~ Special Session, May 14th, 1951 301 7. During the progress of con- struction the Engineers shall pre- pare monthly reports to the City Manager of the City reporting the progress of the work and estimat- ing the amount of work completed. Such reports shall be submitted to the City Manager not later than the 10th day of the calendar month immediately following the month in which the work was accomp• lished. 8. Upon completion of the work the Engineers shall make a final inspection and make their recom- mendation to the City Manager as to wheather the City should accept the work. 9. Upon completion of the work the Engineers shall furnish to the City one complete set of as-built final construction drawings. 10. The Engineers shall receive as full compensation for said serv- ices, the following: (a) Upon complete performance of the services provided for in paragraphs 1, 2, 3 and 4 so far as the same shall apply to the dredg- ing of said channel the City agrees to pay the Engineers 1% of the estimated cost of said dredging. (b) Upon complete performance of the services provided for in par- agraphs 1, 2, 3 and 4 so far as the same shall apply to the construc- tion of said bridge, the City agrees to pay the Engineers 3% of the estimated cost of said bridge. (c) During the construction of said channel the City agrees to pay the Engineers 3% of the con- struction cost of the work done during the previous month pay- able upon receipt of the progress reports and estimates provided for in paragraph 7 hereof. (d) During the construction of said bridge, the City agrees to pay the Engineers 2% of the construc- tion cost of the work done during the previous month payable upon receipt of the progress reports and estimates provided for in papa- graph 7 hereof. (e) Upon complete performance of the services provided in para- praphs 1 to 9 inclusive so far as the same shall apply to the con- struction of the sewer channel, the total amount which shall be paid by the City to the Engineers will be four percent (4%) of the construction costs. All payments made for any service performed under this contract including monthly payments, based on work done during construction, shall be considered part of this payment. (f) Upon complete performance of the services provided in para- graphs 1 to 9 inclusive so far as the same shall apply to the con- construction of the bridge, the total amount which shall be paid by the City to the Engineers will be five percent (5%) of the con- struction costs. All payments made for any service performed under this contract including monthy payments based on construction work done, shall be considered part of this payment. 11. It is understood and agreed that all plans, specifications and construction shall be subject to the approval of the City Man- ager who may delegate such power to the City Engineer. 12. This contract shall not be assigned without the written con- sent of the City and the same shall be binding upon the Engineers and their heirs or devisees but in the event of the dissolution of said partnership the City shall have the option to terminate this contract forthwith. 13, In the event the Engineers shall after demand upon them in writing default in the performance of any of the terms and conditions of this contract, the City shall, at its option, have the right to declare all rights under this contract terminated but the failure of the City to exercise said option in the event of any default shall not con- stitute awaiver of its rights under this paragraph 13. Executed in duplicate this 14th day of May, 1951. CITY OF DUBUQUE, IOWA By ROMOLO N. RUSSO, Mayor. Attest: J. J. SHEA, City Clerk. BARTELS AND McMAHAN, By CARL F. BARTELS, PAUL F. McMAHAN, Partners. 302 Special Session, May 14th, 1951 May 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April, 1951; also list of claims and list of payrolls for the month of April, 1951. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that the reports be received and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None: May 14, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The request of Nick Grommersch for removal of the garage from Putnam Street, that the alley north of Muscatine Street be opened and that dog kennels located on Sabula Street be prohibited was referred to the Clty Manager for report. I have had the requests investi• gated, and attached is the com• plete report by the Building Com• missioner. My recommendation is that the report of the Building Commis• sinner be accepted. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved and the report of the Building Commis- sioner accepted. Seconded by Coun• Gilman Schueller, Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 14, 1951 Mr. L. J. Schiltz, City Manager, Dubuque, Iowa. Dear Sir: As per your request I have made an investigation of the various problems of Mr. Nick Grommersch, 340 Sabula Street, Dubuque, Iowa, and submit the following: 1. Occupation of Public Property: Putnam .Street is a short street crossing Muscatine and extending west of Muscatine one`half block and abuts the Grommersch prop- erty. It is low, not traversable and for many years was used as a catch- all for dumping. The appearance generally was decidedly unsavory. During the last three years two people, namely Paul Hirsch, 2755 Muscatine Street, and William Vyverberg, 2765 Muscatine Street, built attractive homes, one on each side of Putnam Street. They were very dissatisfied with this unwholesome condition and proceeded to clean up the street. They have done a good job, leveled part of it and it now is in keeping with the homes. Hirsch desired to erect a garage but the condition of the street as to grade made it inadvisable to erect the garage to the rear of his house. The Street Commissioner, City Engineer and myself talked to Hirsch and he asked if he could put the garage temporarily on the street until it could be filled and the rear of his lot made accessible from the street. This seemed to be a reasonable arrangement and Hirsch placed a temporary stru~- ure on the street approximately eighty feet from Muscatine Street and he is perfectly willing at any time to move it off. However, it is of no harm to anyone. These people are maintaiinng the street in a clean and orderly manner and until such a time as the street is acually to be used for something, it seems unfair to re- move said garage. Vyverberg also erected a decorative fence part way in the street; this also is known to all parties interested and both Vyverberg and Hirsch are to be commended, not only for the homes they have built but also for the work of cleaning up the street of their own volition. Therefore, any action by the City upon the request of Mr. Grom• mersch would only serve to cause ill feeling among all the neighbors in this area and certainly would not be •to the public interest. '. Special Session, May 14th, 1951 303 1. Opening of the Public Alley Adjacent to the Above Properties. This alley lies parallel to the Grommersch property and dead ends approximately fifty feet from Sabula Street, and extends south- erly to Gay Street. Only two people at the southerly end use this alley and it is in its natural state for ninety eight per cent of its length, and I believe that if a plat and schedule were prepared to pro- pose to open and improve this alley no one, not even the petitioner, would want it completed. 3. The Keeping of Dags. To the rear of 2811 Muscatine Street is a small garage erected about twenty years ago. The building was built on the Sabula Street line and is right adjacent to the Grommersch property. The owner of this building has three dogs on the premises, two of these are hunting dogs and they are kept in an enclosure and not allowed to run. The other dog is evidently a pet and is allowed to roam the yard. These dogs do bark because they barked when we approached the pen. I don't believe we can do anything about this because the dogs are kept in an enclosure and the fenced area is clean. This, I believe, completes the points in question and I hope will give you a clear understanding of this problem. Respectfully, D. J. BANDY, Building Commissioner May 11, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I would like to submit the fol• lowing report on the procedures that can be followed for street im• provement work by special assess- ment. The City Council can deter- mine the type of surface needed such as concrete paving, sheet as• phalt paving and bituminous con• Crete paving, and after the proper procedure is followed for hearings, plat and schedules, advertising for bids and letting of the contract, the cost is assessed against the property. You will note that in this type of pavement it is necessary that the work be advertised and let by contract. It is possible for the city to assess the cost of oiling and gravelling the street against the benefitted property and the city, at their own expense, can construct the street, furnishing the labor and equipment. On those streets where curb and gutter projects have already been approved, I would recommend that this last referred to procedure be followed and I would recom- mend to the Council that the proper measures be taken for oil• ing and gravelling the following streets: Fairway Drive from the west property line of St. Ambrose Street to the east property line of Bunker Hill Road. Finley Street from the south property line of Delhi Street to the north property line of West Street. St. Joseph Street from the west property line of Fremont Avenue to the east property line of Stet- more Street. McLenan Street from the north property line of Tressa Street to the south property line of Mt. Loretta Avenue. Tressa Street from the west property line of McLenan Street to a point 191 feet east. Groveland Place from the west property line of Sheridan St, to the east property line of Burden Street, Balke Street from the north property line of Link Street to the south property line of Lowther Street. Marion Street from the west property line of Fremont Avenue to the end of Marion Street. Napier Street from the east property line of Foye Street to a point 300 feet west. 304 Special Session, May 14th, 1951 Garfield Avenue (west side) from the north property line of Emerson Street to the south property line of Rossevelt St. Respectfully submitted, L. J. SCHH,TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager Schiltz be approved and proper proceedings ordered pre- pared. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kalb, Schueller, Welu. Nays-None, May 11, 1951 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The operation of the city park- ing lots by using parking meters necessitates the Council approving the immediate purchase of meters because the time of delivery should correspond as nearly as possible with the completion of the paving of the lots. There are two types of parking lot meters available for delivery within thirty to sixty days, one for the manual operated meter we have for street parking that is converted to a parking lot meter. The other meter is the automatic type which has been used satis- factorily by a number of cities in Iowa. The experience of the city in the operation of manual operated parking meters has created problems such as jamming of the meter that could be cor- rected by using the automatic type. Other cities I have contacted which operate both types of meters have not experienced pilfering of the automatic type. I recommend that the automatic type meter be used on the parking lots and that the City Manager be authorized to enter into an agree- ment to purchase the type of meter found best suited for our purpose, and that the meters be paid for out of 50% of the receipts from the meters installed on the park- ing lots. Respectfully submitted, L. J. SCHILTZ, City Manager. Councilman Kolb moved that action be deferred on the recom- mendation of City Manager Schiltz until Wednesday, May 16th, 1951, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None, (Awarding Contract) RESOLUTION N0. 160-51 Whereas, proposals have been submitted by constractors for the furnishing of aself-propelled road mix mixing machine to be used for street construction and recon- struction. 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. and, Herman M. Brown Company contractor, has submitted the lowest bid for the furnishing of a self-propelled road mixing machine as provided for in the specifications; now, therefore Be It Resolved by the City Council of the City of Dubuque that the contract for the above mentioned equipment be awarded to Herman M. Brown Company and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque. Be It Further Resolved that this resolution being deemed urgent and of immediate necessity become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week on May 7th, 1951. 5 '' R .~ Special Session, May 14th, 1951 305 Passed and adopted this 14th day of May, 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- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 1, 1951 Mr. L. J. Schiltz, City Manager, City Hall, Dubuque, Iowa. Dear Mr. Schiltz: We are enclosing the purchase agreement of George Pleimling. He asked us to send this to you for your approval. HAROLD P. MELOY, County Auditor. Councilman Welu moved that the communication of County Auditor Meloy be made a matter of record. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. May 9, 1951 Ta the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Mr. George Pleimling has offered $100.00 for the purchase of Lot 3 of 5, Stafford Sub. Due to the fact that this is a small lot and of no value to any- one except the adjoining property owner, I recommend that the City Council approve this offer. Respectfully submitted, L. J. SCHII.TZ, City Manager. Councilman Welu moved that the recommendation of City Man- ager be approved. Seconded by Councilman Kolb. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. RESOLUTION N0. 166-51 Whereas, Lot 3 of 5 Staffords Subdivision in the City of Dubuque, Dubuque County, Iowa, was sold on February 3, 1936 to Dubuque County, Iowa by the County Treas- urer of Dubuque County, Iowa for the delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934 inclusive, and Whereas, ,The said Dubuque County, Iowa desires to sell the above described real estate to George Pleimling for $100.00; and Whereas, The sale of said property by Dubuque County, Iowa to George Pleimling for a sum less than the total amount stated in the tax certificate including all endorsements of subsequent gen- eral taxes, interests and costs re- quires the written approval of a majority of all the tax-levying and tax-certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the sale of said property to George Pleimling for the sum of $100.00 in cash, be and the same is hereby authorized and approved. Passed, adopted and approved this 14th day of May, 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, Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. ORDINANCE N0. Z6-51 An Ordinance prescribing regu- lations for the use of municipally owned parking lots, charging a fee therefor and providing a penalty for the violation thereof, presented and read. Councilman Welu moved that the reading just had be considered the first reading of the ordinance. Sec- 306 Special Session, May 14th, 1951 onded by Councilman Kolb. 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 separate days. Seconded by Coun- cilman Kolb. Carried by the fol- lowing 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. Councilman Welu moved that Bert E. Graham be appointed as a member of the Board of Adjust- ment for a term of five years, said term expiring March 5, 1956. Sec- onded by Councilman Kolb. Car- ried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Kolb moved that R. D. Waller be reappointed as a member of the Planning and Zon- ing Commission for a term of five years, said term expiring May 24, 1956, Seconded by Councilman Welu. Carried by the following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. Councilman Schueller moved that George R. Murphy be appointed as a member of the Airport Zoning Commission for a term of four years, said term expiring May 14, 1955 and also that Harry E. Cham- bers be appointed as a member of the Airport Zoning Commission for a term of two years, said term expiring May 14, 1953. 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 following vote: Yeas-Mayor Russo, Councilmen Austin, Kolb, Schueller, Welu. Nays-None. J. J. SHEA, City Clerk. Approved ................ 1951 Adopted ................ 1951 Councilmen ...................................... Attest : .................... City Clerk. ~i '~` N