1948 September Council Proceedings398 Special Session, f
CLASS "B"PERMIT
NAME AND ADDRESS
John Kringle, 64 Locust Street.
Mrs. Florence M. Miller and Mra.
Alice Fidley, 400 Central Avenue.
Gaylon C. Seeley, 2595 Rhom-
berg Avenue.
BE IT FURTHER RESOLVED
that the bonds filed by such ap-
plicants be and the same hereby
approved.
Passed, adopted this 23rd day
of August, 1948.
FRANK VAN DUELMAN
Mayor.
F. W, THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Wharton moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Airport Manager Oleson submit-
ted verbal report recommending
that the Old Island Airport be dis-
continued and closed at once and
that an X be placed in the center
of the field signifying the closing
of the Airport and that the proper
Agencies be so notified. Council-
man Wharton moved that the ver-
bal recommendation of A i r p o r t
Manager Oleson be approved and
the Airport Manager empowered to
carry out the necessary procedure.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
C o u n ci Im e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
There being no further business
Councilman Thompson moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
august 23rd, 1948
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
J. 7. Shea.
CITY CLERK.
Approved ................................ 1949
Adopted .................................. 1949
Councilmen: j ..................................
I
Attest :....................................................
City Clerk.
Regular Session, September 6th, 1948 399
City Council
(Official)
Regular Session, September 6th,
1948.
No members of the City Coun-
cil being present upon roll call
the meeting was postponed sub-
ject to call.
J. J. Shea.
CITY CLERK.
Approved ............................. 1949.
Adopted ............................ 1949.
r .......... . ...........................
Councilmen ~ ......................................
Attest : ................................................
City Clerk.
400
Adjourned Regular Session, September nth, 1948
City Council
(Otficlal,)
Adjourned Regular Session, Sept-
ember 7th, 1948.
Council met at 7:30 P. M.
Present - Mayor Van Duel•
man, Councilmen Moffatt, Murphy,
jVharton. City Manager Rhomberg.
Absont -Councilman Thompson.
Mayor Van Duelman stated that
this meeting is an Adjourned Meet-
ing of the Regular Meeting of Sept.
Gth, 1948 for the purpose of acting
upon such business as may prop-
erly come before a Regular Meet-
ing of the Cit7 Council.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposal
for the construction of storm
sewerage system, curb and gutter
and street surfacing for streets
included in the Hillcrest Annexa-
tion Assessment District:
1-Iillcrest Road from the west
property line of Asbury Road to
the east property line of Avalon
Road.
2-Ogilby Road from the south
property line of Asbury Road to
the north property line of Hill-
crest Road.
3-Chaney Road from the south
property line of Asbury Road to
the north property line of Hill-
crest Road.
4-Morningview Road from the
south property line of Asbury Road
to the north property line of Hil]•
crest Road.
5-Broad 1 a wn Road from the
south property line of Asbury Road
to the north property line oP Hill-
crest Road.
6-Avalon Road from the south
property line of Asbury Road to
the north property line of Hill-
crest Road.
7-Valleyview Road from t h e
east property line of Avalon Road
to the west property line of Chaney
Road.
presented and read. Councilman
Murphy moved that the proof of
,wncation be received and filed.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy, and
Wharton.
Nays -None.
Absent -Councilman Thompson.
September 7, 1948.
To the Honorable Mayor and
City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions
bids were solicited from contract-
ors for the improvement of all
the streets in the Hillcrest District
except Mullin Road. No bids were
received for this work. '
Respectfully submitted,
A. 9, Rhomberg,
City Manager.
Councilman Murphy moved that
the communication of City Man-
ager Rhomberg be received and
made a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
P"eas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Councilman Wharton moved that
the rules be suspended far the
purpose of allowing any one pre-
sent in the Council, who wishes
to do so, to address the Council.
Seconded by Councilman Moffatt.
Carried by the following vote:
Peas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
~ti harton.
.Nays -None.
Absent -Councilman Thompson.
Petition of the Iowa Improve-
ment Company requesting permis-
sion to provide by private con-
tract for the curbs and gutters on
Chaney Road from the south prop-
erty line of Asbury Street to the
north property line of Hillcrest
Road; Morningview Road from the
south property line of Asbury
Street to the north property line
of Hillcrest Road; Valleyview Road
from the east side of Morning•
view Road to the west side of
Chaney Road, the work to be done
in accordance with the plans and
specifications of the City of Dub-
uque and under the supervision
P
r
7~
~-
j'
Adjourned Rea Iar Session, September qth, 1948 4ot
of the City Engineer and to be
paid for in full in cash by the
Iowa Improvement Company, pre-
sented and read. Attorney Robert
W. Clewell addressed the Council
in support of the petition of the
Iowa lnprovement Company. Coun-
cilman Wharton moved that the
request be granted. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy, and
Wharton.
Nays -None.
Absent -Councilman Thompson.
Communication of Willman Com-
pany advising that their Bonding
Company have declined to write
Maintenance Bond for the pro-
posed macadam base pavement in
Hillcrest Addition, on the grounds
that this type of pavement is sub-
ject to freezing and thawing con-
ditions and that the base source
is too light to withstand these
cmrditions and that they are unable
to place a bid for the described
work in Hillcrest Addition, pres-
ented and read. Councilman Mur-
phy moved that the communica-
tion be received and filed. Second-
ed by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murply,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Communication of Dubuque
Chamber of Commerce, by J. A.
Kerper, Secretary, in regard to the
Businessmen's Conference on Ur-
ban Problems to be held at Detroit,
Michigan, September 13 and 14 and
suggesting Council approval for
participation in this conference by
the attendance of one member of
the Planning and Zoning Commis-
sion and such other person or
persons as the Council might se-
lect, the expense of such person
or persons to be borne by the City
of Dubuque, presented and read.
Councilman Wharton moved that
the communication be referred to
the Council for their consideration.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy, and
Wharton.
Nays -None.
Absent -Councilman Thompson,
Communication of the Dubuque
Chamber of Commerce, by J. A.
Kerper, Secretary, submitting ad-
ditional information in the way
of Advance Statements as sched-
uled for the Businessmen's Con-
ference on Urban Problems to be
held at Detroit, Michigan, Sept-
ember 13 and i4, presented and
read. Councilman Wharton moved
that the communication be re•
ferred to the Council far their con-
sideration. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Notice of claim of Neil Schubert
in the amount of X44.06 for dam-
ages to his automobile caused iu
striking an open drain plate stick-
ing out over the curbing in f:-ont
of 21 West Seventh Street, pre-
sented and read. Councilman P,Toff-
att moved that the notice of claim
be referred to the City Solicitm~
for investigation and report. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duehuan,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson
WAR DEPARTMENT
United States Engineer Office
Clock Tower Building
Rock Island, Ill.
Refer to File No. UMKGR
30 August 1948
Honorable Frank Van Duelman
Mayor of the City of Dubuque
Dubuque, Iowa
Dear Sir:
Reference is made to the pro•
posed small-boat harbor, an investi-
gation for which was authorized by
resolution of the Committee on
Rivers and Harbors of the House
of Representatives, adopted 27
April 1947. At the public hearing mr
the matter which was held in the
Chamber of Commerce Building in
,:,~,.,;,,w,,,,
402
Adjourned Regular Session, September qth, 1948
Dubuque, 6 January 1948, local in-
terests presented statements for
consideration of:
a. The construction of a small-
boat harbor at the upper end of
Hamm Island by excavating an
area sufficient to accomodate 200-
300 boats. The location of the
small-boat harbor as requested by
local interests is essentially as pro-
posed by Industrial Engineers, Inc.,
in their plan of development for
Hamm Island.
b. Dredging of the present harbor
at the foot oY First Street to pro-
vide easy access for commercial
tows. Far the purpose of this re-
port the dredging of the present
commercial facilities is not consid-
ered since this work is contemplat-
ed under separate authority.
A study of the plan for construc-
tion of a small-boat harbor at the
upper end of Hamm Island in ac-
cordance with the desires of local
interests has been completed, and
it is estimated that approximately
105,677 cubic yards of material
would be excavated to elevation
584.0 far a length of approximately
1,500 feet landward of the present
shore line. Materials dredged would
be utilized to construct a dike on
three sides of the harbor to eleva-
tion 609.0. The harbor would be 125
feet wide at flat pool elevation with
1 on 3 side slopes. The dike on the
north side would be constructed
with a 55-foot crown to provide
the base for construction of an
access road to the harbor, service
area, and provision for parking.
A map showing the proposed pro-
ject as discussed in the preceeding
paragraph is inclosed.
It is estimated that the first
casts of the proposed small-boat
harbor would total $74,000. Of this
total, approximately $53,000 would
be borne by the Federal Govern-
ment for clearing the land, dredg-
ing the area and for placing riprap
where necessary. Local interests
would provide for the construction
of a boathouse, access roads, etc.,
at an estimated cost of $21,000.
The above figures do not include
self-liquidating features which local
interests would be required to pro-
vide. For the emall•boat harbor,
such facilities as slips and service
facilities should be provided. This
equipment is estimated to cost
$17,000.
The extent to which local inter-
ests would be required to partici-
pate in each of the features is list-
ed below:
a. Provide without cost to the
United States al] necessary lands,
easements, and right-of-way for the
construction and maintenance of
the project.
b. Hold and save the United
States free from damages due to
construction and maintenance of
the project.
c. Provide and maintain without
cost to the United States neces-
sary mooring facilities and utilities,
including a public landing with suit-
able supply facilities open to all
on equal and reasonable terms, in
accordance with plans approved by
the Chief of Engineers.
d. Establish a competent and
properly-constituted public body
empowered to regulate the use,
growth, and full development of
the harbor facilities with the under-
standing that said facilities shall be
open to any on equal terms.
e. Provide that the essential
facilities, in connection with the
small-boat harbor, will be operated
without unreasonable profit; and
provided that rental charges will
be reasonable and subject to the
approval of the Secretary of the
Army.
If you so desire, this office will
be pleased to forward to higher au-
thority areport recommending con-
struction of the facilities described
herein upon receipt of assurances
that local interests are willing and
able to co-operate to the extent out-
lined above. Such assurances
should be in the form of a letter
from responsible city officials. In
view of the fact that this report is
scheduled for submittal to higher
authority at an early date, it is re~
quested that Your reply be
expedited.
Yours very truly,
R. L. DEAN
Colonel, Corps of
District Engineer.
Incl.
Map, Proposed Harbor
Adjourned Regular Session, September 7th, 1948 403
Councilman Wharton moved that
the communication be referred to
the Board of Dock Commissioners
for their recommendation and re-
port and the U. S. Engineers Of-
fice at Rock Island, Illinois, to be
advised of the action taken by the
City Council. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Communication of Ralph C. Gra-
ham, State Director American Pub-
lic Works Association, with refer-
ence to membership in the Ameri-
can Public Works Association, pre-
sented and read. Councilman Mur-
phy moved that the communication
be referred to the City Manager
for his recommendation and report.
Seconded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent-Councilman Thompson.
August 30, 1948
To: Honorable Mayor and City
Council of Dubuque, Iowa
Dubuque Ready-Mix Concrete Co.
hereby withdraws its application to
open and extend Dodge Street, at
this time, to the east as heretofore
petitioned by the said company or
asking for the opening or extension
of any streets or crossings to the
east across railroad tracks of the
Milwaukee Railroad or Illinois Cen-
tral Railroad. The above company
also hereby states that it has no
interest in seeing Railroad Avenue
opened to the east across the
tracks of the Illinois Central Rail-
road and Milwaukee Railroad. The
existing crossings at Jones and
First Streets will be satisfactory
to the undersigned in the conduct
of its business operations.
Very truly yours,
DUBUQUE READY•MIX
CONCRETE CO.
By Floyd G. Rubey, Mgr.
Councilman Wharton moved that
the communication be received and
made a matter of record. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays - None.
Absent -Councilman Thompson.
Petition of Joseph Collins re-
questing arefund in the amount of
$75.00 on the unexpired portion of
his Cigarette Permit No. 112 as he
has discontinued business on
August 9, 1948, presented and read.
Councilman Moffatt moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00 in
favor of Joseph Collins to cover
the amount of refund granted on
the unexpired portion of his Cigar-
ette Permit No. 112. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Petition of Mrs. Kate Capretz
and Wm. Lembke requesting a re-
fund in the amount of $75.00 on
the unexpired portion of their
Cigarette Permit No. 12 as they
have discontinued business on
August 31,1948, presented and read.
Councilman Murphy moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00 in
favor of Mrs. Kate Capretz and
Wm. Lembke to cover the amount
of refund granted on the unexpired
portion of their Cigarette Permit
No. 12. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Petition of Mrs. Kate Capretz
and Wm. Lembke requesting a re-
fund in the amount of $150.00 on
the unexpired portion of their Class
"B" beer permit No. 26 as they
have discontinued business on Au-
gust 31, 1948, presented and react.
Councilman Moffatt moved that
the request be granted a n d
the City Auditor be instructed to
draw a warrant in the amount of
$150.00 in favor of Mrs. Kate Ca-
pretz and Wm. Lembke to cover the
amount of refund granted on the
404 Adjourned Regular Session, September 7th, t948
unexpired portion of their Class
"B" beer permit No. 26. Seconded
by Councilman Wharton, Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Petition of Anna Hamilton re-
questing arefund in the amount
of $75.00 on the unexpired portion
of her Cigarette Permit No. 220 as
she has discontinued business on
September 7, 1948, presented and
read. Councilman Wharton moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $75.00
in favor of Anna Hamilton to cover
the amount of refund granted on
the unexpired portion of her Cigar-
ette Permit No. 220. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton,
Nays -None.
Absent -Councilman Thompson.
Petition of Anna Hamilton re•
questing a refund in the amount
of $150.00 on the unexpired portion
of her Class "B" beer permit No.
63 as she has discontinued business
on September 7, 1948, presented
and read. Councilman Murphy
moved that the tequest be granted
and the City Auditor instructed to
draw a warrant in the amount of
$150.00 in favor of Anna Hamilton
to cover the amount of refund
granted on the unexpired portion
of her Class "B" beer permit No.
G3. Seconded by Councilman Mof-
fatt. Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Petition of Wilfred E. Datisman
et al requesting the instaliatfon of a
street light at the intersection of
Apple and Oak Streets, presented
and read. Councilman Moffatt
moved that the petition be referred
to the Council to view the grounds.
Seconded by Councilman Murphy.
Carried by the fallaWing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Counciltan Thompson.
Petition of Joe. Peter et al re-
questing the installation of sewer
and water mains on St. Ambrose
Street to Seminary Street north,
Haze] Street to Bunker Hill Golf
Course Road, presented and read.
Councilman Murphy moved that
the petition be referred to the Coun•
oil to view the grounds. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays - None.
Absent -Councilman Thompson.
Petition of H. A. Bischoff et al
requesting that a sidewalk be or-
dered constructed on the east side
of State Street in front of Lot 1
of 17 and Lot 18, presented and
read. Couucilman Murphy moved
that the petition be referred to the
City Manager and Sidewalk In-
spector to view the grounds. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
Dubuque, Iowa, September 7,1948
Honorable Frank Van Duelman,
Mayor
A. A. Rhomberg, City Manager
City of Dubuque
City Hall
Dubuque, Iowa
Dear Sirs:
I am an elector and a taxpayer
of the City of Dubuque and, as
such, am interested in the affairs
of the City, and particularly the
matters that affect the taxpayers.
I am writing you pertaining to
the legality of the past and fu•
ture proceedings and action by the
City in connection with the con-
struction of airport hangar build-
ings at the Municipal Airport, own-
ed and operated by the City.
I note that this project was
originally advertised for construct-
ion bids to be filed on or before
Jnly I9, 1947 at 10:00 A. M. at
the offfce of the City Manager in
the Citp Hall. Bids were tendered
Adjourned Regular Session, September 7th, 1948 4OS
for the construction of the project
and I am informed that such bids
were subsequently rejected. Subse-
quently, the City proceeded to do
the work on a day labor basis
and without a contract therefor,
and without a bond being furnislt-
ed for the faithful performance of
such construction as is required
by law. Quantities of material have
been purchased by the City for
this construction project and with-
out previously advertising for bids
therefor.
The .law provides that contracts
far the construction of such pro-
jects shall be ]et to the lowest
responsible bidder, and that upo~t
the acceptance of a bid, a success-
ful bidder must furnish a bond
with proper surety conditioned for
the faithful performance of the
contract. The law, apparently, does
not authorize or permit the pre-
cedure which you have followed
and are following.
It is, therefore, respectfully re-
quested that before the City pro-
ceeds further with this project,
that the matter be submitted to
the Attorney General of Iowa for
a ruling or opinion upon the legal-
ity of this procedure.
Please be advised that unless
proper legal procedure is pursued
in this matter, such action as may
be necessary, will be taken to com-
pel compliance with the law.
Kindly advise me at once wheth-
er or not the City will forthwith
submit the matter to the Attorney
General of Iowa for his ruling or
opinion, and, also, what your fur•
ther plans are in regards to the
entire situation.
Respectfully submitted,
Helen C. Hennings.
Councilman Murphy moved that
the communication be referred to
the City Solciitor for investigation
and report. Seconded by Council-
man Wharton. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent-Councilman Thompson.
September 1, 1948
Mr. J. J. Shea
City Clerk
Dubuque, Iowa
Dear Mr. Shea:
Enclosed herewith is transmis-
sion line easement to Interstate
Power Company from Virginia-
Carolina Chemical Corp.
Yours very truly,
City of Dubuque
Board of Dock Commissioners
By Carl F. Bartels, Engineer
Councilman Moffatt moved that
the communication and easement
be received and filed. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen IVloffatt, Murphy,
Wharton.
Nays -None.
Absent-Counciimau Thompson.
September 7, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following bond and
policy and desire to have your
approval on same for filing:
EXCAVATION
Curtis-Straub Company, 1069 Main
Street, Bond No. MP57494, Cen-
tral Surely ~ Ins. Corp.
TAXICAB
William Dye (Veterans Radio Cab
Co.), 973 Main Street (rear), Pol-
icy No. 36198, National Indemni-
ty Co.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Murphy moved that
the bonds be approved and placed
on file. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent-Councilman Thompson.
September 7, 1948.
To the Honorable Mayor
and City Councli,
Dubuque, Iowa.
Gentlemen:
In the levying of the special as-
sessment for the improvement of
Forest Lane an error was inad-
4~
Adjourned Regular Session, September qth, 1948
vertently made in the assessment
of Lot 1 of Bartel's Sub. owned
by Robert Bartels, et al. The as-
sessment roll lists this assessment
for $636.92. This amount should
have been $336.92,
I recommend that the owners of
the property be permitted to sat-
isfy their assessment upon the pay-
ment of $336.92 and that the City,
from its improvement fund, pay
the deficiency equal to $300:00.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Wharton moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Moffatt, Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
September 7, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Pursuant to your instructions the
audit of the City's affairs for the
period from April 1, 1946 through
March 31, 1948 was made by
Brooks, O'Connor & Brooks, cer-
tified public accountants, and the
same has been submitted to the
State Auditor as provided by law.
Herewith submitted are copies of
this audit for the consideration of
the Council.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Murphy moved that
the communication of City Man-
ager Rhomberg and the audit be
received and placed on file. Sec-
ended by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None,
Absent -Councilman Thompson.
September 7, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The construction of the Vernon
and Edina Streets sanitary sewer
by the Thos, Flynn Coal Company
has been completed according to
the plans and specifications.
Therefore, I recommend its ac-
ceptance by the Council.
Respectfully submitted,
A. A. RHOMBERG
City Manager.
Councilman Moffatt moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Murphy
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent-Councilman Thompson.
(A Reeolution Accepting Im-
provement and Directing the Clerk
to Publish Notice.)
CITY OF DUBUQUE, IOWA
RES0LUTION N0. 212.48
Whereas, the contract for the
construction of an eight (8) inch
vitrified the sanitary sewer for
Vernon and Edina Streets begin-
ning at the existing manhole lo-
cated in mineral lot No. 176 and
running southerly across mineral
lot No. 176 and lot No. 72 oY Vaelk-
er Highlands to the center of
Edina Street, (M. H. No. 1) thence
southerly across lots 1 and 2 of
lot 'r3 of Voelker Highlands and
lot 1 of Mount Pleasant addition
to the center of Vernon Street,
thence north easterly along the
centerline of Vernon Street to a
point 225 feet west of the west
property line of Alta Vista Street;
also from manhole No. 1 northeast-
erly along the centerline of Edina
St. to a point 225 feet west of the
west property line of Alta Vista
Street.
has been completed and the City
Manager has examined the work
and filed his certificate stating that
the same has been completed ac-
cording to the terms of the con•
tract, plans and specifications and
recommends its acceptance, 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 and the
Adjourned Regular Session, September 7th, 1948 407
City Engineer be and he is hereby
directed to prepare a plat and
schedule showing the lots or par-
cels of real estate subject to as-
sessment for said improvement and
file the same in the office of the
City Clerk subject to public in-
spection and said Clerk shall upon
receipt of such plat and schedule
pt:blish the notice of the Council's
intention to levy special assess-
ments therefor, as required by law.
BE IT FURTHER RESOLVED,
that the City Treasurer be and
he is hereby directed to pay to
the contractor from the funds to
be realized fi•om the sale of im-
provement bonds issued upon the
above described improvement in
amount equal to the amount of
his contract, less any retained per-
centage provided for therein.
Passed, adopted and approved
this 7th day of September, 1945.
Approved:
FRANK VAN DUELMAN
Mayor,
F, W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman lllurphy moved the
adoption of the resolution. Second•
ed by Councilman Wharton. Car-
ried by the fallowing vote:
Yeas - ?Mayor Vau Duelman,
Councilmen Moffatt, Murphy,
Wharton. _._.
Nays -None.
Absent -Councilman Thompson.
September 7, 1948.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of August 23rd
the bids submitted for furnishing
snow removal equipment for the
airport were referred to the City
Council, City Manager ar:d Airport
Manager to view the equipment
bid upon.
After the equipment had been
examined the Council decided to
await the recommendation from
the City and Airport Managers.
Accordingly, we recommend that
the Council award the contract
to the Klauer Manufacturing Com-
pany for the Snogo Model LMU
mounted ou special four-wheel
drive Model KB-0 Iriternational•
Coleman chassis with truck load-
ing attachment at the bid price of
$14,225.00.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
C. P. Oleson,
Airport Manager.
Councilman Murphy moved that
the recommendation of City Man-
ager Rhomberg and Airport Man-
ager Oleson be approved. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy, and
Wharton.
Nays -None.
Absent -Councilman Thompson.
RESOLUTION N0. 213-48
WHEREAS, proposals have been
submitted by contractors for the
furnishing of one unit of the blow-
er type of snow removal apparatus.
Klauer Manufacturing Company
has submitted the lowest bid for
the furnishing of a Snowgo 41ode1
LMU mounted on special four-
wheel-drive Model KB-7 Interna-
tioc:al-Coleman chassis with truck
loading attachment at the bid price
of $14,225.00.
BE iT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned equipment be awarded
to the Klauer Manufacturing Com-
pany 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 recessi~y
become effective from and after
its passage and adoption by the
City Council.
Approved and placed on file for
one week an September 7th 1948.
Councilman Bloffatt moved ti:at
the resolution be approved ar.d
408 Adjourned Regular Session, September 7th, 1948
placed on file for one week. Seo-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy, and
Wharton.
Nays -None.
Absent-Councilman Thompson.
August 25, 1948
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
With reference to the claim of
Mr, and Mrs. A. A. Jones, 2680
Greeley St.,for costs and expenses
of cleaning their sewer. There is
nothing set forth in the letter show-
ing wherein the City was negligent
in this matter.
I recommend that the claim be
denied.
Yours truly,
JOHN J. KINTZINGER
City Solicitor
Councilman Wharton moved that
the recommendation of City Solici-
tor Kintzinger be referred to the
Council for their consideration. Sec-
ouded by Councilman Moffatt, Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
RESOLUTION N0. 214-48
BE IT RESOLVED by the City
Council of the City of Dubuque that
the following, having compligd
with the provisions of law relat•
ing to the sale of cigarettes within
the City of Dubuque, be granted
a permit to sell cigarettes and
cigarette papers within said City
and the Manager is directed to is-
sae such permit on behalf of said
City.
NAME AND ADDRESS
Thomas R. Peed and Raymond G.
Wunder (Change of address from
236 West 7th Street), 1006 Cen•
tral Avenue.
Clarence Zenz and Marie Zenz, 509
Eighth Avenue
Carl Noel, 1080 University Avenue.
BE IT FURTHER RESOLVED
that the bonds YBed with the appli•
cations be approved.
Passed, adopted and approved
this 7th day of September, 1948.
FRANK VAN DUELMAN
Mayor,
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen,
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
tiVharton.
Nays -None.
Absent -Councilman Thompson.
RESOLUTION N0. 215-48
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 Coun•
cil of the City of Dubuque that the
fallowing applications be granted
and the licenses are to be issued
upon the compliance with the
terms of the ordinances of this City.
CLASS "B" PERMIT
NAME AND ADDRESS
Thomas R. Peed and Raymond G.
Wunder (Change of address from
236 West 7th Street), 1006 Cen-
tral Avenue.
William Hochberger, 1701 Asbury
Street.
Audrey J. Fesler, 553 Eighth Ave.
Carl L. Noel, 1080 University Ave.
Clarence Zenz and Marie Zenz, 509
Eighth Avenue.
Thomas F. McDonough and Ruth
McDonough, 1052 University Ave.
Mrs. Margaret Barrington, 244 West
First Street.
J. Louis Spielman and Susan
Spielman, 601 Rhomberg Avenue.
CLASS "B" PERMIT
FOR PRIVATE CLUB
Dubuque Lodge No. 355, Loyal Or•
der of Moose, 1379 Central Ave.
The Oasis Club, 998 Central Ave.
CLASS "C" PERMIT
Nations] Tea Company, 898 Main
Street
Tenenbom Super Market, Inc., 630
Locust Street.
Mra. Wtlma Gloeckner, 343 Eighth
Avenue.
00
y
I ~
Adjourned Regular Session, September 7th, 1948 4a~
Passed, adopted and approved
this 7th day of September, 1948.
FRANK VAN DUELMAN
Mayor.
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
RESOLUTION N0.216-48
WHEREAS, heretofore applica•
tions for Beer Permits were filed
by the within named applicants
and they have received the ap-
proval of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com-
ply with the ordinances of this
City and they have filed a proper
bond: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the Manager be and he is hereby
directed to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
NAME
Thomas R. Peed and Raymond
G. Wunder (Change of address
from 236 West 7th Street), 1006
Central Avenue.
William Hochberger, 1701 Asbury
Street.
Audrey J. Fesler, 553 Eighth
Avenue.
Carl L. Noel, 1080 University
Avenue.
Clarence Zenz and Marie Zenz, 609
Eighth Avenue.
Thomas F. McDonough and Ruth
McDonough, 1052 University
Avenue.
Mrs. Margaret Barrington, 244
West First Street.
J. Louis Spielman and Susan Spiel•
man, 601 Rhomberg Avenue.
CLASS "B" PERMIT
FOR PRIVATE CLUB
Dubuque Lodge No. 355, Loyal Or•
der of Moose, 1379 Central
Avenue
The Oasis Club, 998 Central Avenue
CLASS "C" PERMIT
National Tea Company, 898 Main
Street
Tenenbom Super Market, Inc.,
630 Locust Street
Mrs. Wilma Gloeckner, 343 Eighth
Avenue
BE IT FURTHER RESOLVED
that the bonds filed by such appli•
cants be and the same are hereby
approved.
Passed, adopted and approved
this 7th dap of September, 1948.
FRANK VAN DUELMAN,
Mayor.
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Socond-
ed by Councilman Murphy. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
There being no further business
Councilman Murphy moved to ad•
journ. Seconded by Councilman
Wharton. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Wharton.
Nays -None.
Absent -Councilman Thompson.
J. J. SHEA
City Clerk.
Approved ...................... .., 1949.
Adopted ......... ... .. .., 1949.
Councilmen: { ....................................
Attest :..............................................
City Clerk.
410 Special Session, September 14th, 1948
City Council
(OFFICIAL.)
Special Session, September 14th,
1948.
Council met at 7:30 P.M.
Present - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Absent -City Manager Rhom-
berg.
Meeting called by order of Coun-
cilmen Murphy and Thompson.
Mayor Van Duelman read the
call and stated that service there•
of had been duly made and that
this meeting is called far the pur-
pose of considering bids submitted
for the improvement of Dunleith
Street from the west property line
of Southern Avenue to the end and
acting on any other business as
may properly come before a regu-
lar meeting of the City Council.
Proof of publication, certified to
by the publishers, of notice to con-
tractors of the receipt of proposals
for the improvement of Dunleith
Street from the west property line
of Southern Avenue to the end,
presented and read. Councilman
11lurphy moved that the proof of
publication be received and filed.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None. I
September 14, 1948
To the Honorable Mayor
and City Council
Dubuque, Iowa
Gentlemen:
Pursuant to your instructions
sealed bids were received until ten
o'clock A.M. September 14, 1948 for
the improvement of Dunleith
Street from Southern Avenue to
the end. ,
One bid was received from the
D. C. May Construction Company
as shown on the attached tabula-
tion. Irecommend that single bid
received be rejected on the
grounds that the bid exceeds the
Engineer's estimate by 21 per cent.
Respectfully submitted,
R. J. GALLAGHER
City Engineer.
Councilman Wharton moved that
the recommendation of City En•
gineer Gallagher be approved. Sec•
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Murphy moved that
the rules be suspended for the pur-
pose of allowing any one present
in the council Chamber, who wish•
es to do so, to address the Council.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Mayor Van Duelman submitted
and read the following statement:
With reference to the petition
of The Key City Gas Company for
increase in gas rates, this
Council has investigated the
petition and other information
furnished by The Gas Company. It
is the decision of the Council that
before any action can be taken
the Council will employ an expert
on the question of gas rates and
the operation of gas plants. He will
make a thorough investigation in-
to all questions bearing on the
petition of The Key City Gas
Company, As soon as we can se-
cure the services of a competent
and impartial expert it will be an-
nounced and the investigation pro•
teed. Councilman Moffatt moved
that the statement be received
and made a matter of record. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
(Awarding Contract)
RESOLUTION N0. 213--48
WHEREAS, proposals have been
submitted by contractors far the
furnishing of one unit of the blow-
er type of snow removal appratus,
and Klauer Manufacturing Com-
pany has submitted the lowest bid
for the furnishing of a Snogo lliod-
el LMU mounted on special four-
wheel-drive Model KB•i Interna-
Special Session, September 14th, 1948 41 I
tional-Coleman chassis with truck
loading attachment at the bid
price of $14,225.00.
BE IT RESOLVED by the City
Council of the City of Dubuque
that the contract for the above
mentioned improvement be award-
ed to Klauer Manufacturing Com-
pany and the Manager be and he
is hereby directed to execute a,
contract on behalf of the City of
Dubuque.
BE IT FURTHER RESOLVEll
that this resolution being deemed
urgent and of immediate necessity
become effective from ar.d after
its passage and adoptio~i by the
City Council.
Approved and placed cn file for
one week on September 7th, 1948.
Passed and adopted Chis 14th day
of September, 1948.
FRANK VAN DUELMAN
Mayor.
F. ZV. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Counciinten.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. ~>eco?id-
ed by Councilman Thompson. Car-
ried by the following vae~
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petitions presented by the Pres•
cott School Parent Teachers Asso-
ciation urging the City Council to
reconsider their plans for making
a boulevard of Twelfth Street, to-
gether with a communication of
the Board of Education, by Max R.
Clark, Superintendent, endorsing
the request of the citizens and pa•
trons of the Prescott Elementary
School urging the City Coun•
cil to reconsider its plans for mak-
ing aboulevard of Twelfth Street,
presented and read. Ccuncilman
Murphy moved that the petitions
and the communication be referred
to the Council for consideration.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas -Mayor Vaa Duelman,
Councilmen Moffatt, 9lurphy,
Thompson, Wharton.
Nays -None.
Notice of claim of Miss Dorothy
Kruse in an unstated amouni for
injuries received in a fill in a
broken pipe on St. Amhrase Street,
presented and read. Councilman
Thompson moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Coutxilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffat':, Murphy,
Thompson, Wharton.
Nays -None.
Notice of claim of Robert E. Lucy
in the amount of $100.00 for in
juries received by his four year
old daughter, Betty Louise Lucy,
for injuries received while sliding
dawn a sliding board or sliding
apparatus in the Eagle Point Fark,
presented and read. Councilman
Thompson moved that the notice
of claim be referred to the City
Solicitor for investigation and re-
port. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen ?Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of the Navy Club of
Dubuque Ship No. 67 requesting
permission for to hold their aimual
Anchor Day Sales on Saturday,
October 2nd, 1945, presented and
read. Councilman Moffatt moved
that the request be granted. Sec-
onded by Councilman Murphy. Car-
ried by the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen NIoffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Clarence A. I~intzle
et al requesting that Rosedaia 1ve-
nue be designated a bauievarcl at
the intersection of Roeedaie .ve-
nue and Avoca Streei and that
proper traffic signs be installal,
presented and read. Conncilm:tn
Mm~phy moved that the petitio,.~ be
referred to the Chief of Police for
recommendation and report. Sec-
412 Special Session, September 14th, 1948
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Frank Reis request-
ing a refund in the amount of
$75.00 an the unexpired portion of
his Cigarette Permit No. 219 as
he has discontinued business un
September 7th, 1948, presented and
read. Councilman Thompson moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $75.00
iu favor of Frank Reis to cover
the amount of refund granted on
the unexpired portion of his Cigar-
ette Permit No. 219. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
C a u n c i l m e n Moffatt, 111urphy,
Thompson, Wharton.
Nays -None.
Petition of Frank Reis request-
ing a refund in the amount of
$100.00 on the unexpired portion of
his Class "B" beer permit No. 12
as he has discontinued business on
September 7th, 1948, presented and
read. Councilman Wharton moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $100.00
lr favor of Frank Reis to cuvee
the amount of refund granted on
the unexpired portion of his Class
"B" beer permit No. 12. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Vau ])uelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
There being no further business
Councilman Wharton moved to ad•
journ. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
J. J. SHEA
Cfty Clerk.
Approved ............................. 1949.
Adopted ........................ ..... 1949.
Attest : ..................................................
City Clerk.
Special Session, September 24th, 1848 413
City Council
(OFFICIA'L.)
Special Session, September 24th,
1948.
Council met at 7:30 P.M.
Present -Mayor Van Duelman,
Councilmen Moffatt Murphy,
Thompson, Wharton. City Manager
Rhomberg.
Meeting called by order of Coun-
cilmen Wharton and Moffat`..
Mayor Van Duelman read tiie
call and stated that service there-
of had been duly made and that
this meeting is called for '.he pur-
pose of considering plans for the
dedication of the New 1unicipal
Airport and acting on any other
business as may properly coma
before a regular meeting of the
City Council.
Councilman Wharton moved that
the rules be suspended for the
purpose of allowing any one pres-
ent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councihuan
~ Moffatt. Carried by tha following
vote:
Yeaa -Mayor Van Duelman,
Councilmen Moffatt, Illurphy,
Thompson, Wharton.
Nays -None.
The Aviation Committee of the
Chamber of Commerca discussed
with the City Council plans for the
dedication of the New Municipal
Airport and after a lengthy dis-
cussion Councilman Moffatt: moved
that the Aviation Committee of
the Chamber of Commerce, which
includes a member of the City
Council and the Airport Manager,
be authorized to proceed with the
arrangements for the dedication of
the New Municipal Airport to be
held on October 24th, 1948. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van P.uehnan,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Communication of the American
Bar Association extending invita•
tion to the City of Dubuque to
send the Police Judge and Prose•
eutor of traffic cases to tha second
annual Traffic Court Judges and
Prosecutors Conference to he held
at Northwestern University haw
School on October 21, 22, 25, 26,
27, presented and read. Council-
man Wharton moved that the
Police Judge be authorized to at•
tend the Conference at City ex-
pense providing he finds it con-
venient to attend. Seconied by
Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Vau Duelman,
Councilmen Moffatt, 1Turpl:y,
Thompson, Wharton.
Nays -None.
Commwrication of the American
Society of Sanitary Engineering ex-
tending invitation to tha City of
Dubuque to send the Plnmbiug~ln-
spector or one of the other Iieaith
Officials to attend a two day e.lu-
cation program - a iiefresher
Course for Plumbing [i~spactor;
and Health Officials to le hold
October 17th and 18th in Phoe:ri>,
Arizona, presented and road. Coun-
cilman Murphy moved that the
Plumbing Inspector be authorized
to attend the Conference at Gicy
expense providing that ne finds it
convenient to attend. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas -Mayor Van Duehuan,
Councilmen Moffatt, :llarphy,
Thompson, Wharton.
Nays -None.
Communication of the Ilenning-
son Engineering Co, in raferenc~
to Senate Bill No. 413, Elimina-
tion of Stream Pollution, and ad-
vising Council that the bill as in•
troduced provides that the Federal
Government would pay a part of
the cost of constructing sewage dis-
posal plants, presented and read.
Councilman Wharton moved that
the communication be recuived and
filed. Seconded by Coiancilmau
Moffatt. Carried by tha following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, _TvInrphy,
Thompson, Wharton.
Nays -None.
Councilman Wharton moved. that
the City Manager be requested to
414 Special Session, September 24th, 1948
advise Council on the advisability
of commencing construction of a
sewage disposal plant and the
ways and means of financing the
project. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Communication of Ralph C.
Graham, State Director, Ameri-
can Public Works Association, iu
reference to the City of Dubuque
membership in the American Pub-
lic Works Association, presented
and read. Councilman \Vharton
moved that the communication be
received and filed. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Whartod.
Nays -None.
Petition of the Fulton Parent
Teachers Association endorsing
the Prescott School Parent Teach-
ers Association opposition to mak-
ing Twelfth Street a boulevard,
presented and read. Councilman
Moffatt moved that the petition
be referred to the Council for con-
sideration. Seconded by Council-
man Wharton. Carried by the fo1-
owing vote:
Yeas -Mayor Van Duebnan,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Dubuque Roofing
Company asking that a !wc hour
parking limit be installed in front
of their place of business, present-
ed and read. Councilman llnrphy
moved that the petition be ;°eferred
to the Chief of Police for investiga-
tion and report. Seconded by Coun•
Gilman Wharton, Carried by the
fallowing vote:
Yeas -Mayor Van Duehnan,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays - None.
Petition of R. D. Hughes request-
ing a refund in the amount of
$75.00 on the unexpired portion of
his Cigarette Permit No. 82 as he
has discontinued business on Sep-
tember 1, 1948, presented and read.
Councilman Moffatt moved that
the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $75.00 in
favor of R. D. Hughes to cover
the amount of refund granted oa
the unexpired portion of his Cigar-
ette Permit No. S2. Seconded by
Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of R. D. Hughes request-
ing a refund is the amount of
$150.00 on the unexpired portion
of his Class "B" Beer Permit No.
38 as he has discontinued. business
on September 1, 1948, presented
and read. Councilman Murphy
moved that the request be granted
and the City Auditor instructed to
draw a warrant in the amount of
$150.00 in favor of R. D. Hughes
to cover the amount of refund
granted on the unexpired portion of
his Class "B" Beer Permit No. 38,
presented and read. Councilman
14urphy moved that the request be
granted and the City Auditor in-
structed to draw a warrant in the
amount of $150.00 in favor of R. D.
Hughes to cover the amount of
refund granted on the unexpired
portion of his Class `B" Beer Per-
mit No. 38. Seconded by Council-
man Moffatt. Carried by the ibl-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of John Blondin et al
residents and fishermen of Dub-
uque County calling the attention
of the City Council to the need
for improvements for the L a k e
Peosta fishing area and also as
to the conditions existing on the
16th Street extension, presented
and read. Councilman Wharton
moved that the petition be re-
ferred to the Dock Board. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays -None.
Special Session, September 24th, 1948 415
Petition of A. J. Hartig et al,
members and friends of the
Dubuque County Conservation
Society requesting that Lake Peos-
ta be again made aclear-water lake
of moving water by eliminating the
stoppage of flow at Dock Street,
at East 16th Street, and at or near
the Interstate Power C o m p a n y
plant at the foot of 8th Street
in order to improve fishing and
boating conditions in Lake Peosta
area, presented and read. Council-
man Murphy moved that the peti-
tion be referred to the Dock Board.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas - ~ Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Fetition of A. C. Kintzinger re-
questing that the Mayor and City
Clerk be authorized to execute a
Quit Claim Deed to the under-
signed of any and all right the
City might have in the easterly
half of the alley from Coates Av-
enue to the nm•therly line of Lot
6 of Concord Subdivision, pre-
sented and read. Councilman Mur-
phy moved that tl:e request be
granted. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
RESOLUTION N0. 217.48.
WHEREAS, application has been
made by A. C. Kintzinger for Quit
Claim Deed to the easterly half
(10 feet) of the alley first east
of Concord Street running north-
erly from Coates Avenue to the
nm•therly line of lot 6 in Concord
Addition; and
WHEREAS, the Council h a s
been fully advised in the matter
and by Ordinance No. 21-45 vac-
ated said alley; and
WHEREAS, said Council are of
the opinion that a Quit Claim Deed
should be executed as prayed.
Now, Therefore,
Be It Resolved by the City
Council of the City of Dubuque:
That the Mayor and the Clerk
of the City of Dubuque be, and
they are hereby authorized and
empowered to execute a Quit Claim
Deed to A. C. Kintzinger convey-
ing to A. C. Kintzinger all right,
title and interest the City of Dubu-
que may have in and to the east-
erly half (10 feet) of the alley
first east of Concord Street run-
ning northerly from Coates Ave-
nue to the northerly line of lot 6
in Concord Addition.
Passed, adopted and approved
this 24th day of September, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas - lllayor Van lluelman,
Councilmen Moffatt, Murphy,
Thompson, Wl!arton.
Nays -None.
September 15, 1948.
To the Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
Re: Avoca and Rosedale
and petition of residents.
The petition relative to the a-
bove has been referred to me for
investigation and ! eport. I have
made an investigation and it is
hereby recommended that at this
street intersection that Rosedale
be made a boulevard and that stop
signs be erected on Avoea Street
on both sides of Rosedale causing
traffic to stop before entering
Rosedale from Avoca Street on
both sides.
Respectfully yours,
Jos. H. Strub,
Chief of Police.
Councilman Wharton moved that
the recommendation of Chief of
Police Strub be approved and tha
y
416 Special Session, September Zgth, 1848
proper proceedings ordered pre-
pared. Seconded by Councilman
Thompson. Carried by the follow-
ing vote
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays -None.
Dubuque, Iowa,
September 15, 1948
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa
Gentlemen:
Section 48.4 of the Code of Iowa,
provides that the Commissioner
of Registration shall appoint the
two clerks of election for each
precinct who shall have charge of
the election register.
I hereby recommend for your
approval the appointment of the
following named persons to serve
as Clerks of Election for each pre-
cinct, who shall have charge of
the election register for the Gen-
eral Election of November 2nd,
1948.
1st. Precinct; Democratic -Mrs.
Thos. O'Brien Republican -Mrs
Lillian A. Jones
2nd. Precinct; Democratic -Mrs.
Earl Donegan Republican -Mrs.
Geo. R. Fox
3rd. Precinct; Democratic -Mrs.
Vera S. McAllister Republican-
Mrs. Eunice Kilby
4th Precinct; Democratic -
Mary Hughes Republican -Mrs.
isIartha Hunt
5th. Precinct; Democratic -
I,aura E. Hohmann Republican-
Mrs. Sadie H. Trader
6th Precinct; Democratic-
Lillian Fleege Republican- Mrs.
E. G. Forward
7th Precinct; Democratic -
Cecelia Weber Republican -Mrs.
Alexia Hanley
8th Precinct; Democratic-
Mrs. Anna Weber Republican-
Mrs. Jane Fuhrman
9th Precinct; Democratic-
Belle Leidinger Republican -
Mrs. Edna Widdowson
10th Precinct; Democratic-
Stella Ball Republican -Mrs.
Hattie Donatsch
11th Precinct; Democratic-
Ida Murray Republican -Miss
Carrie Saunders
12th Precinct; Democratic -
Mrs. Marie Sand Republican-
Mrs. Elroy Grashorn
13th Precinct; Democratic-
Mrs. Freda Foell Republican -
Mrs. Marguerite Liddle
14th Precinct; Democratic -
Veronica Agard Republican -
Mrs. llorothy Bauer
15th Precinct; Democratic -
Alrs. P. N. Lucas Republican -
Mrs. Helen Holmecker
Respectfully submitted,
J. J. Shea
Commissioner of Registration.
Councilman Wharton moved that
the recommendation of the Com-
missioner of Registration be ap•
proved. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 18, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The Planning and Zoning Com-
mission has considered further the
petition of Grace Nagle requesting
rezoning of property on the north
side of West Fifth Street between
the line of Paulina Street ex-
tended and Alpine Street to Mul•
tiple Residence classification and
finds no reason to change its
original recommendation.
In view of the conviction of the
Commission that this general area
now consisting chiefly of two
family and single family residences
is not ready for a major
switch to Multiple Residence class•
ification, this request is equiv-
alent to asking for the rezoning
of a single piece of property,
which as you know is unlawful.
The Planning and Zoning Com-
mission again respectfully recom-
mends denial of the petition.
Yours truly,
Yours truly,
Dubuque Planning & Zon-
ing Commission
R. D. Waller
Acting Secretary,
Special Session, September agth, 1848 417
Councilman Wharton moved that
that the recommendation of t h e
Planning and Zoning Commission
be disapproved and the prayer of
the petition granted and the City
Solicitor instructed to prepare the
proper proceedings. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Murphy moved that
the Building Commissioner, Plumb-
ing Inspector and Electrical In-
spector be instructed to enforce
the provisions of the ordinances
as to the issuance of permits be-
fore any work is commenced. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas -Mayor Van Duelmen,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -' None.
September 18, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
With reference to attached pet-
ition of Loras College asking vaca-
tion of Helena Place, the Planning
and Zoning Commission reviewed
the situation and feels that it
would be a mistake to vacate this
short street. It serves as better
of two restricted avenues oY ac•
cess to the area back of the Aca-
demy buildings for the Fire De-
partment in particular and for
traffic circulation generally.
Therefore, the Planning and Zon•
ing Commission respectfully re-
commends denial of the petition.
Yours truly,
Dubuque Planning & Zon-
ing Commission
R. D. Waller
Acting Secretary.
Councilman Moffatt moved that
the communication of the Plan-
ning and Zoning Commission be
referred to the Council to view
the grounds. Seconded by Council-
man Murphy. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Coundilmen Moffatt, Murphy
Thompson, Wharton.
Nays -None.
September 18, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
In considering the petition of
Joseph C. Poire et al asking vaca-
tion of a 25 foot strip of land
owned by the City of Dubuque at
the northern edge of Finley's Ad-
dition adjoining the Bunker Hill
Golf Club property and the con-
veying of same to him and others,
the Planning and Zoning Commis-
sion finds (1) that the petitioner
presents no good reason why the
City should not continue to own
same, and (2) in view of the un-
developed condition of the general
area no public interest would be
served by abandonment of said
property by the City at this time.
Therefore, the Planning and Zon-
ing Commission respectfully rea
ommends denial of the petition.
Yours truly,
Dubuque Planning & Zon-
ing Commission '
R. D. Waller
~~eting Secretary.
Councilman Murphy moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 17, 1948
Honorable Mayor and
Members of the City Council
Dubuque, Iowa
Gentlemen:
With .reference to the claim of
Robert E. Lucy against the City
far $100.00 for damages because
of injuries received by his daugh-
ter, Betty Louise Lucy, on or
about August 2Q, 1948, while sliding
down a sliding board in E a g l e
Point Park it is the law of the
State of Iowa:
"The construction and mainten-
aince of a public -park by a mu-
nicipality has been repeatedly held
in this state to be a purely govern-
mental function. Norman V. City
of Chariton, 201 Iowa 279; Mocha
418 Special Session, September 24th, 1948
v. City of Cedar Rapids, 204 Iowa
51; Hensley v. Inc. Town, 203
Iowa 388; Rowley v. Cedar Rapids,
203 Iowa 1245.
"The rule long established in
this state is that a municipality
in the exercise of its purely gov-
ernmental function, is not liable
for negligence. Saunders v. City
of Fort Madison, 111 Iowa 102;
Ford v. Board Park Commissioners
148 Iowa 1,"
It is my opinion that the City
is not liable for negligence com•
milted by officers acting in a
governmental function, and that
this claim be denied.
Yours truly,
John J. Kintzinger
City Solicitor.
Councilman Moffatt moved that
the recommendation of City Solic-
tor Kintzinger be approved. Sec-
onded by Councilman Thompson,
Carried by the fallowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 24, 1943
Honorable Mayor and
Dubuque, Iowa
Members of the City Council
Gentlemen:
With reference to the objections
filed by Jamed D. Kritz and Anita
Kritz and the Notice of Appeal
to the District Court of Dubuque
County, Iowa, wherein lot 23 of
O'Neill's Subdivdiion No. 3 was
assessed with a special assessment
in the amount of $178.52 for the
conatruction of a gutter and curb-
ing on Gandolfo Street, it is shown
on said assessment that the one
quarter of the assessed value of
said property amounts to $42.00.
Under the Statute of Iowa the
special assessment cannot exceed
25 per cent of the assessed valua•
lion of the property as affixed
by the Council. The objector has
agreed to pay $60.52 in full pay-
ment of the assessment which
leaves a balance of $123.49 to be
paid upon assessment.
I recommend that upon payment
of $60.52 by James D, Kritz and
Anita Kritz, they be given a re-
ceipt in full payment of the as-
sessment and that the balance of
the assessment in the amount of
$123.49 be paid from the Consoli-
dated Fund of the City of Dubuque.
Yours truly,
John J. Kintzinger
City Solicitor
Councilman Wharton moved that
the recommendation of City Solic-
itor Kintzinger be approved. Sec-
onded by Councilman Murphy.
Carried by the following vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
September 18, 1948
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit reports of the
City Auditor, City Treasurer, City
Health Department and C i t y
Water Works for the month of
August, 1948, also list of claims
and list of payrolls for which war-
rants were issued for the month
of August, 1948,
Respectfully submitted,
A. A, ftHOMBERG
City Manager.
Councilman Murphy moved that
the reports be received and placed
on file. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton,
Nays -None.
RESOLUTION N0. 218-48
BE IT RESOLVED by the City
Council of the City of Dubuque
that the following, having com-
plied with the provisions of ]aw
relating to the sale of cigarettes
within the City of Dubuque, be
granted a permit to sell cigarettes
and cigarette papers within said
City and the Manager is directed
to issue such permit on behalf
of said City.
NAME AND ADDRESS
Donald W. Schuster 2404 Central
Avenue Effective 10 1 48.
BE IT FURTHER RESOLVED
that the bond filed with the ap-
plication be approved.
Passed, adopted and approved
Special Session, September z4th, 1848 - 419
this 24th day of September, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
RESOLUTION N0. 21948
WHEREAS, application for Class
"C" Beer Permit has been submit-
ted to this Council for approval
and the same has been examined:
NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that
the following application be grant-
ed and the license is to be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "C" PERMIT
NAME AND ADDRESS
James M. Kane 1205 Cleveland
Avenue.
Passed, adopted and approved
this 24th day of September, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest:
City Glerk.
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas - Mayor Van Duelman,
C o u n c i ]men Moffatt, Murphy,
Thompson, ~Vhartou.
Nays -None.
WHEREAS, the premises to be
occupied by such applicant have
been inspected and found to com-
ply with the ordinances of this
City and he has filed a proper
bond: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that the
Manager be and he is hereby
directed to issue to the following
named applicant a Beer Permit.
CLASS "C" PERMIT
NAME AND ADDRESS
James M. Kane 1205 Cleveland
Avenue.
BE IT FURTHER RESOLVED
that the bond filed by such ap-
plicant be and the same is hereby
approved.
Passed, adopted and approved
this 24th day of September, 1948.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W, W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
There being no further business
Councilman Wharton moved to ad-
journ. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas - Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
J. J. Shea
City Clerk.
Approved .......... .. .. .. . 1949.
Adopted ......... .... . ._ , 1949.
....RESOLUTION N0. 220.48
WHEREAS, heretofore applica-
tion for Class "C" Beer Permit
was filed by the within named
applicant and it has received the
approval of this Council; and