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1940 April Council ProceedingsRegular Session, April 1st, 1940 77 City Council (Official) Regular Session, April 1st, 1940. .Council met at 7:45 P.M. Present-Mayor Murphy, Couu• cilmen Clark, Thompson, Van Duel• man, Wharton, City Manager Rhomberg. Mayor Murphy stated that this is the regular monthly meeting of the City Comicil and also the first meeting of the fiscal year for the transaction of such business as may properly come before the meeting. City Clerk J. J. Shea swore in the newly elected members of the City Conncil, Messrs Gea, R. Mur- phy and B. A. Schueller for the term commencing the first Monday in April, 1940. Councilman Wharton moved that Councilman Thompson be elected Mayor far the ensuing year. Sec• onded by Councilman Van Duel- man. Carried by the following vote: Yeas -Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-Noce. Councilman Thompson not vot• ing, City Clerk J. J. Shea then ewgre iu the newly elected Mayor, where• upon Mayor Thompson took the Mayor's chair. Resolution No. 23-40 A resolution providing for the appointment of officers of the City of Dubuque; prescribing their sal- aries and fixing their bonds, Be tt Resolved by the City Coun- cil of the City of Dubuque that the following officers be appointed to serve daring the fiscal year 1940.41, subject, however, to the right of the Council to declare such offices vacant or remove the officers there• prom at the pleasure of the Council with or without cause, and to be paid the following compensation provided for in the budget adopted for the fiscal year 1940.41, and the following bands shall be provided by such officers at the expense of the individual officer: City Mana- ger A. A, Rhomberg, s a l a r y $6,000.00, bond $5,000,00; City Soli• citoi•, John J. Kintzinger, salary $3,800,00, bond $1,000.00; City Clerk, J. J. Shea, salary $2,600,00, bond $1,000.00; Police Judge, Louis Fautsch, salary $1,500.00, bond $1,000:00; City Assessor, George Bennett, salary $1,600.00, bond $600.00. Be it Further Resolved that the salary of the City Manager shall be paid as follows: $4,800.00 from the General Fund and $1,200.00 fiom the Water Works Administra- tion Fund. Passed, adopted and approved this 1st day of April, 1940., F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA; City Clerk. Councihuau Van Duelman moved the adoption of the resolution Seconded by Councilman Wharton Carried by the fallowing vote: Yeas-Mayor Thompson, Couu- cilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Mayor Thompson then swore in the newly appointed officers: City Manager A. A. Rhomberg; City Solicitor Jahn J. Kintzinger; City Clerk J. J. Shea; Police Judge Louis Fautsch; City Assessor George Bennett. Resolution No. 24•--40 A resolution appointing th e Board of Review and fixing the compensation of the members thereof, Be it Resolved bi+ the City Coun• cil of the City of Dubuque that the fallowing named persons be appointed the Board of Review of the City of Dubuque for the year 1940: John H. Weimer Eugene Forward Joseph M, Conley Be it Further Resolved that each of the above named members. of the said Board of Review be paid the sum of $200,00 in full compen• sation for all services to be rend• erect by them in the performance of their duties, said sum to be paid from the General Find. Passed, adopted and approved this 1st day of April, 1940, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk., Councilman Vau Duelman moved the adoption of the r•esolutiou. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Couu cilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. 78 Regular Session, April 1st, 1940 ~ . Regular Session, April 1st, 1940 79 Conuitunication of Elroy H. Gras• horn, Chairman, and Roland A. White, Secretary, advising Council that at a meeting of the directors of the Iowa Cooperative Publish- ing Compauy it was decided to make application to have The Du- buque 'Leader named an official newspaper for the City of Dubuque to print the City Couttgil Proceed- ings, etc., presented and read. Councilman What'ton moved that the comumnication be referred to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Coun• ciluten Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 25-40 A resolution selecting the official newspaper of the City of Dubuque. 13e it Resglved by the City Coun• 4i1 of the City of Dubuque that the ~'elegraph • Herald, a daily news~ Paper of general Circulation iu the City of Dubuque, be and it is hereby designated and appointed the olfi• "' oiai newspaper qR said City. Passed, adopted and approved ^~ this 1st day of April, ),940. F. W. THOMPSON, Maygr. ~'~ FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO, R• MURPHY, Councilmen. Attost: J, J. SHEA, City Clerk, Councilman Wharton moved the adoption of the resolution. Second• ed by Conucihnan Murphy. Carried by the following vote: Yeas-Mayor Thompson, Councll• men Murphy, Schueller; Van Duel• '~: man, Wharton, lii,~~ Nays-None. Resolution No. 26-40 A resolution designating the de• positories fot• public funds of the City of pubuque. ae it Resolved by the City Coun- cil of the City of Dubuque that the following banks be appointed depos- itories of the public funds, and the City Treasurer- hereby authorized to distribute such funds in such banks in amounts nqt to exceed the fol• lowing: Fit•at National Bank, $17b; 000,00; American Trust and Savings Bank, $150,000.00; Dubuque Bank and Trust Compauy, $100,000.00. Be it Further Resglved that the City Treasurer be and he is hereby directed to rile with, the County Treasurer of Dubuque pounty, Iowa, a list of such depositories and to keep such list on file with such Cowtty Treasurer at all times, Passed, adopted and approved this 1st day of April, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A, SCHUELL~R, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, CqunCil• men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. April 1, 1940. To the Honorable Mayer and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, I beg to advise you that I have appointed the following persons to assist the Manager as olfioers and employees in the orderly administration of the cit}* government of this city and of the various departments thereof, said officers and employ- ees to be under my supervision, direction and control and their ap• pointments to continue during the pleasure of the Manager, and they shall be paid such salaries as are set up opposite their names and in acoordance with the budget ap- proved by the City Council for the fiscal year 19404941, City Attditar- R. P. IVIaashall .................$2,450.00 City Treasurer- 0. F. Puls .......................... 2,400.00 Building Commissioner and Civil Engineer- H, H. Howie .................... 3,000.00 Market Master- C. J. McCarthy ................ 1,40D.00 Clerk of Police Court- Detective John Brady (Paid as a Member of Police Department). No appointment to the office of Health Director leas been made. One application under Soldier's~ Preference has been filed, which will necessitate an investigatign• Any other applications of qualified plrYsieians will be given carefu'I Consideration. Al- other employees of depart- ments at present engaged therein in accordance with the budget of 1940.1941 have been re-employed by me and will continue to work for the city under such conditions ae to time and rates of salary and wages as provided fot• in said bttd• get. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the communication of City Manager Rhomberg be received and made a matter of record. Sec• onded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Couneil• men Murphy, Schueller, Van Duel• man, Wharton. Nays--None. Continuation certificate covering bond of City Clerk, J. J. Shea, presented for approval. Councilman Van Duelmau moved that the continuation certiftcate coveting bond of City Clerlt J. J, Shea be approved and placed on file. Seconded b y Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councll• men Murphy, Schueller•, Van Duel• man, Wharton. Nays-None. Bond of City Manager A. A. Rhomberg presented for approval. Conucihnan Van Duelman moved that the bond of City Manager A. A. Rhomberg be lapproved and placed om ftle, Seconded by Coun- cilman Whartom Carried by the following vote: Yeas-Mayor Thompson, Councll• men Murphy, Schueller, Van Due]• man, Wharton. NaYS-Noce. Bond of Park Conunisaioner W. M• Clemens presented for approval. Councilman Van Duelman moved that the bond of Park Commission- er W, Ito. Clemens be approved and placed ou file. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• map, Wharton• Nays-None. Telegram from W. H. Cameron, Aianaging 1)~rector National Safety Council, advising that lire City of Dubuque has been awarded second place in its population gl'oup in the 1939 National Traffic Safety Con- tedt, presented and read, Councilman Van Duelman moved that the telegram be received and filed. seconded' by Councilman Wharton. ~ Carried by the follow- itrg Yqte: Yeas-Mayor Thompson, Councll• men Murphy, Schueller, Van Duel- man, Wharton. Nyaya-None, Commuuicatiou of H. MoCrillus, Supt. Agency Service Division, Con- tinental Casualty Company, encloa• ing Certificate of Compliange Yrom the Insurance Department of Iowa, Des Moines, Iowa, showing that the Continental Casualty Company has qualified for the transaction of Fidelity and Surety business in the State of Iowa for the year end- ing March 31, 1941, presented and read. Councilman Mm•phy moved that the communication and Certificate of Compliance be received and placed on file. Seconded by Coun- cilman Schueller. Carried by the following vote: Xeas-Mayor Thompsmt, Couneil• men Murphy, Schueller, Van Duel- mau, Wharton. Nays-None, Councilman Wharton moved that the rules be suspended for the purpose of allowing any one.pre• sent in the Council Chamber, who wishes to do ap, to address the Council. Seconded by Councilman Van Duelman. Carried by the fob lowing vote; Yeas-Mayor Thompson, Councll• men Mm•phy, Schueller, Van Duel• marl, Wharton. Nays-None. Petition of Wm. J. Watkins, Tha Watkins Sign Syatent, requesting a permit to complete the sign which is being erected for the Molo Oil Company on the ISirChef Pro- perty on the new Highway No. 2Q presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Schueller, Carried by the follow- ing vote: Yeas-Mayor Thompson, Coungil- meu Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Joseph P. Schtltz, submitting attached plat, asking Council approval of the plat "Eng• lash Lane Subdivision", presented and read. Councihuau Mw•phy ntpved that the petition and plat be referred to the Council to view the grounds and also to the Planning and Zqn- iug Commission for their recom• mendatimt and report. Seconded by Comtcllman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Council- men MurplrY, Schueller, Van Duel• ratan, Wharton. Nays-None. Petition of Dubuque Tent No. 24, The Maccabees, requesting permis- sion to use the City lots imme- diately west of the Dubuque Ath- letic Fiold for the purpose of show- 80 ing the Wm. R. Snapp Amusement Company during the week of June 3rd to 3th both dates inclusive, and also requesting that the rental and license fees be waived, presented and read. Messrs W. S. Ludwick and Frank Weidenbacher addressed the Coun• ci] requesting that the prayer of their petition be granted, Councilman Schueller moved that the petition be referred to the City Council for further consideration. Seconded by Councihnan Wharton, Carried by the following vote: Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Petition of The Telegraph-Herald requesting the privilege of again printing and binding the monthly Council Proceedings, presented and read. Councilman Murphy moved that the printing and binding of the monthly Council Proceedings be awarded to The Telegraph-Herald. Seconded by Councilman Wharton. Carried by the following vote: Yeae-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Communication of Arnold Koes- ter, Secretary, International Broth• eu•hood of Bookbinders, calling the attention of the City Council to the fact that all the printing plants in Dubuque do not have unioir hind~ eries at the present time and sug• Beating that the City Council couu- sider thts matter when placing the contract for the monthly printing and binding of the Council Proceed• rugs, presented, and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, CouncB- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Henrietta Cbates Kiesel submitting written objection to the re•zoning of the Fremont Avenue and Dodge Street residen• tial district, presented and read. Councihnan Murphy moved to u•e• fer the petition to the City Council for further consideration. Seconded by Councihnan Van Duelman, Car• ried by the following vote; Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Petition of Mr. and Mrs. J. W, Newburgh suhmitting written objec- tion to the re-zoning of the Fremont ril 1st, 1940 Avenue and Dodge Street residen- tial district, presented and read, Councilman Murphy moved to re• fer the petition to the City Council for further consideration, Seconded by Councilman Van Duelman. Car• ried by the following vote: Yeas-Maym• Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton, Nays-None. Petition of Mr, and Mrs, Anthony J, Eberhardt submitting written ob• jection to the re-zoning of the Fre• wont Avenue and Dodge Street resi- dential district, presented and read. Councilman Murphy moved to re- fer the petition to the City Ceuucil Yor further consideration. Seconded by Councilman Van Duelman. Car- Tied by the following vote; Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Petition of W. M. Clemens sub• matting written objection to the i•e• zoning of the Fremont Avenue and Dodge Street residential district, presented and read.' Councilman Murphy moved to re• feu- the petition to the City Council for further consideration. Seconded by Councihnan yon Duelman, Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Communication of Eh•oy H, Gras- horn, Secretary, Dubuque Trades and Labor Congress, advising Coun• cal that the Dubuque Trades and liabor Congress are lending their support to the application of the Iowa Cooperative Publishing Com- pany to have The Dubuque Leader made an official newspaper for the City of Dubuque, presented and read. Councihnan Murphy moved-that the commwrication be received and filed. • Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None, Communication of Elroy H. Gras- luoru, Secretary, Dubuque Trades and Labor Congress, advising Coun• cal that the Duhuque Trades ,and Labor Congress have endorsed J. M. Conley far appointment as a member of the Board of Review, presented and read. Councilman Murphy moved that the communication be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Re Session, April 1st, 1940 81 . Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van Duel- man, Wharton, ,Nays-None. Resolution No. 27-40 Whereas, applications for Class "B" Beer Permits have been sub• matted 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 follow- ing applications be and the same are hereby approved and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Joseph Walsh and Helen Walsh, 21 West 7th Street, Jacob Hedrick and Ernestine Hedrick, 1236 Io`va Street. Joseph M. Zehentner and Robert D. Zehentner, 1944 Central Avenue. Frank A. Nelson, 431 Rhomberg Avenue. Passed, adopted and. approved this 1st day of,April, 1940. F. W. THOMPSON, Mayor. • FRANK VAN DUELMAN, ALBERT WHARTON, B, A, SCHUELLER, GEO. R. MURPHY, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councihnan Wharton. Car• ried by the following vote: Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Resolution No. 28-40 Whereas, heretofore applications were filed by the within named ap• plicants for Class "B" Beer Permits and they received the approval of this Council; and Whereaq, the premises to be oc• cupied by them have been inspected and found to comply with the ordi• nancea of this City and they have filed a proper boudr Now, There• fore, Be it Resolved by the Council of the City of Dubuque that the Mana- ger be and he is'h'ereby directed to issue to the following named per• sons a Beer Permit. CLASS "B" PERMIT Joseph Walsh and Helen Walsh, 21 West 7th Street, Jacob Hedrick and Ernestine Hedrick, 1236 Iowa Street. Joseph M. Zehentner and Robert D. Zehentner, 1944 Central Avenue: Frank A, Nelson, 431 Rhomberg Avemie, Be It Fw•ther Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 1st day of April, 1940, P. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J, J. SHEA, City Clerk. Codncilman Van Duelman moved the adoption of the resolution, Sec- onded by Councilman Wharton, Car• Tied by the following vote:. Yeas-Mayor Thompson, Council- men Murphy,,Schueller, Van Duel• man, Wharton. Nays-None, March 29, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: I heerwith r e t u r n to you the following petition for suspension of taxes: K. S. Lundbeck, Lot 11, Cox,Ad- dition; Lot 242 Woodlawn Park Ad- dition. Mrs. Anna Ricketts, .Milligan Sub• division, Lot 4, Subdivision l.of 1 of 3, Mineral Lot 172; Lot 2. William A. Haller, Lot 27 of Mc- Craney's second Addition. And with reference thereto report as follows; That the City Council of-the City of Dubuque, Iowa, should approve said petitions and that -the Board of Supervisors should be notified of such approval. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor, Councilman Murphy ,moved that the report of City Solicitor Kint- zinger be approved and _ that the petition of K, S, Lundbeck.request- ing suspension, of the 1939 tasea on Lot 11, of Cox's Addition and Lot 242 Woodlawn Park Addition be granted also that the petition of Mrs. Anna Ricketts requesting suspension'of the 1939 taxes on Lot 4 Milligan Sub. and Lot 2 of the Sub. of 1 of 1 of 3 of .Min. Lot 172 be granted and also that the petition of William A. Haller re- questing the.suspension of the 1939 taxes on Lot 27 of McCraney's 2nd Addition be. granted and that. the Board of Supervisors be notified of the action of the City Council,. 5ec- 3i Regular Session, April 1st, 1940 onded by Councilman Wharton. Car• rigid by the following Vbt'e: Yeas-y-Mayor Thompson, Council, men Murphy, Schueller, Van Duel• man, Wharton. Nays,-None. Marsh 29, 1940. Honorable Mayor and Members of the City Council, Gentlemen: With respect to the claim fo1• personal injuries filed by Floyd b, Berends in the amount of ;150 for injuries to his son sus, tamed on Jahuat•y 31, 1940, on the sidewalk in fioht of the property at 1821 Rhomberg Avenue, Du- buque, Iowa, I have made an investi• gallon into this case, was at the scene of the accident shortly after happening and from my information and investigation I am of the opine ion that thet•e is no ]lability on the part of the City of Dubuque, I am retm•ning herewith the above claim and report that said claim should be disallowed. Respectfully submitted, TOIIN J. KINTZINGER, City Solicitor, Councilman Murphy moved that the recomtneudation of City So• licitor Kintainger be approved and that tUe claim of Floyd B. Bereudes be disallowed. Seconded by Coun- oilman Van Duelman. Garbled by the following vote; Yeas-Mayor Thompson, Counoil- men Murphy, Schueller, Van Duel• man, Wharton. Nays=None. April 1, 1940. Honorable Mayor and Members bf the City Council, City of Dubuque, Iowa. Gentlemen: I herewith return to you the tollowiug petitfone for suspension and cancellation of tax, ea: The petition of Mrs, Margaret E. Hogan for suspension of taxes ou North half of City Lot 326, Du- bugUe, lbws, should be approved. 'The petition of Jim Hagenccolas for cancellatibti of taxes oh Lot 326 bast 'Dubuque Addition, DubUgue, Iowa, should be denied. The Board of SUpsrvieora of Du= bhgde Cbunty;lowa, should be anti, fled of the action of the Cbuncii thereon. ItespectfUlly submitted, rt)HN .t• KINT~INGNIt, City Solicitor. Councilman Wharton moved that thU report of City Solicitor King lager be approved ahd that the petition of Mrd: Margaret E, Hogan requesting snepehaion of the 193$ taros bh the North bait of City Iaot 83'5 be granted and that the petition of Jim 'Hagenceolas rep questing cancellation of the 1939 taxes on Lot 326 East Dubuque Addition be denied and that the Board of Supervisors be hooded of the action of the City Council. Sec• ouded by Councilman Van DUelman. Carried by the following vote; Yeas-Mayor Thompson, Gounoll• men Murphy, Schueller, Van Duel- ntan, Wharton. Nays-None. $ESOLUTION directing filing of a petition with the City Counail of the City of Dubuque, Dubuque Countiy, Iowa. Whereas it is deemed necessary and advisable that land b2 pure chased for dock purposes pursuant to the general plan for improve, meat of the water front of the City of Dubuque as prepared by the Dock Board and now on file in its office iu the City of Dubuque, Dubuque Cbuhty, Iowa, as author, laed by the provisions of Seotion 5902 of the Cade bf Iowa, 1939; and Whereas, under the provisions of Section 5902 (11) of the Cbds of lbws; the City of bubuque is au- thorized to leads its Bonds for rho pm~pose of payiltg the purchase price of said land but it is first necessaiyy that this Dook Board file a petition with the City Coun- cil of said City requesting that bonds be issued for this purpose; Now, theirefore, be it and it is hereby resolved by the bock Board of rile City of Dubuque, Dubuque Catnty, Iowa, as follows: Section 1; That a petition in the following form be ekecUted by the members of this Dock Board and filed with the City GoUncil of the City of Dubuque: "To the City Council of lire City of Dubuque, lows; "We, the undersigned, the duly appointed, qualified and acting tnehliiers of the book Board of the City of Dubuque, Dubuque County, lows, being satisfied that it is neciss• aarq and advisable that land be purchased for dock purpbsesin and for` said City, do hereby petiti6d the City Counail of the City of DubUgde tb leads bock Bonds of said ditii in the amount of ;8,Bti9, the money derivod from the sale bf said bonds to be used to pay the purchase prise of said land. J. A. I~NRpNR, MAItI{ ~. GAV[N, 'THOMAS 5f. STA144Pb'~k, Members of bock $oard of bu- buque, IotVa." Seotion 2. That all resulations or orders, or parts thereof, in cony flint herewith, be,aud the wino are hereby repealed. Regular Session, April 1st, 1940 83 Paeeod and approved March 30, 1940, J. A. k~RpbR, President, Atttst: THDS. M. STAMpFEA, Secretary. State of laws ss County of bubuque } 1, Thomas M, Stampfer, do here, by certify that I am the duly elect, eel, qualified and acting Secretary of the Dock Boatel of the City of Dubuque, Dubuque County, Iowa, and that attached hereto is a true, eorreat and complote copy of the proceedings of said Dock Board ou the 30th day of Merck, 1940, relating to $5,600 Dock Bonds of said City to be dated April 1, 1940. I fut•ther certify that attached hereto is a true and correct copy of the. petition of said Board which was filed with the City Council of said City on the 30th day of March, 1040, requesting the iesuahce of said Bonds for dock purposes, Witness my hand this 30th day of March, 1940• THOMAS M. Sd'AMPFEft, Secretary. Councilman Wharton moved that the resolution and petition be re• bef>;ed and Made a matter of rec• ord. Seconded by Councilman Van Ddelman, Carried by the fallowing Vote: Yeas-Mayor Thnmpaoh, Council, uien Murphy, Schueller, Veit bnel• man, Vvhartofl, Nays-Mono. RE9olUtiod No. 29-+14 Resolution proposing a supple, mental estimates of taxes, Whereas a petition reading: "To the City Gounoil elf the City of Dubuque, Iowa: We, the UUdersigned, the duly appointed, iiUahfled and acting tneinbers elf rho bock Board of the City of Dubughe, >jnbuque County, lbws, bbing satisfied that It i9 net;, essary and advi'saitle that label b@ purchased for Bonk purposes id and for said City, do hereby llbtltitln the City Couuhil of thU City of bubuque to issue Dbck Honds bf said City in the amount of $9,500, the mohey derived from rho sale of said bonds to be need to pay the purchase $rlcb of said land, J• A• KNitpElf, pres., MAIM tV. t;AVIN, 'TI#tl1vIAS 1d: ~~'AMP1~>ll 111einbera of book Board o~ Dubuque, tows;" has beau died with this City Coun• oil by the Dock .Board of the City of bubuque, Iowa; and Whereas it is deemed advisable and necessary that the City of Dd= buque, Dubuque County, Iowa, pro- vide fot• the purchase of land for dock pm•posea pursuant to the gen- eral plan for improvement of the water front of said City as pre, pared by the Dock Board o[ said pity and now on file In the office of said Beard, as requested in said petition ahd as permitted and provided. for by Section 6902 of the Code of Iowa, 1939, the cost whereof to the amount of $9,600 is lawfully criargeable to and payable from a special fund created fi`oin the levy o[ special taxes as permit- ted and provided for by Section 5902 (10). oY the Code of lows; and Wheless it ie advisable to certify to the County Auditor and to cedes tb be Collected said special taxes as permitted and provided for by said Section 5902 (10) of the Code of lows, and to make proVisfoh for a supplemental estitate of suid taxes for futhre years pursuant to the provisions et Sectfoh 373.1 of the Code of Iowa; Now, therefore, be it resolved by the City Counail of the City elf UUbuque, lows, as follower Section 1, That a supplemental eatiibate for the levy of the ape- cial taxes mentioned iu the pre- amble hereof fm• each oP the years 1940 to 1942, inolusive, be made as follows: That iu puhsuance of Section 6902 (10) of the Lode bf tows, as amend, eel, there shall be levied, assessed and collected a direct annual spe• cial talc Upon all the taxable pro- perty within said City for eabh of the years 1940 to 1943,inclualYe, sufncient to produce not ahhual sums as hereinafter provided, Section 2, Said taxes shall be collected each year at the same time and in the same manner ae and With and ih addition to all other taxes in and for said City, and when collected shall be con- verted into a special fund. Section 3. That this Council meet bn the 6th day of May, 1940, at the City Hall withlh said City at 7:30 o'clock p. M., at which time and place any person subject t0 sUOh tax shall bb heard in favor of or against the same or any part thereof: Section 9, That tho Mayor and City Clbrk are hereby directed to f;lve hotfce bf said supplsineutal estimate, setting forth toe tilde whoa and the plane where said hearing will be held, by pUblidk• Lion at least ten days before slid hearing in the Telegraph~Herald, a newspaper published apd of geu• eral circulation in said Olty, said 84 Session, April lst, 1940 notice shall be in substantially the following form: NOTICE OF SUPPLEMENTAL ESTIMATE The City Council of the City of Dubuque, Iowa, will meet on the 0th day of May, 1940, at the City Hall, Dubuque, Iowa, at 7:30 o'clock P. M., at which time and place tax• payers will be heard fm• and against the fallowing estimate anfl levy of special taxes for each of the years 1940 to 1942, inclusive, on all tax- able property in said City, Said tax will not in any one year ex- ceed the limit prescribed by Sec- t[on 6902 (10) of the Code of Iowa, 1939, based on existing property valuations, and the proceeds there- fi~onr will be used to pay the prin- cipal and interest of bouds 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 provided for by Section 5902 (11) of the Code of Iowa: Year of Year of Levy Expenditm•es Amount 1940 .......:.......... 1941 ................ $3,972 1941 .................. 1942 ................ 3,176 1942 .................. 1943 ................ 2,070 By order of the City Council of the City of Dubuque, Iowa. F. W. THOMPSON, Mayor. Attest: J. J. SHEA, City Clerk., Section 6. That the City Clerk is hereby directed to file verified proof of the publication of said notice in the office of the Auditor of Dubuque County. Section 0, That this resolution be in force and effect immediately upon its passage and approval. Passed and approved April 1, 1940. F. W. THOMPSON, Maym~. Attest; J. J. SHEA, City Clerk. Recorded: April 1, 1940. J. J. SHEA, City Clerk. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEG. R, MURPHY, Councilmen, Councilman Van Duelman moved the adoption of the resolution, Sec• onded by Councilman Wharton. Carried by the following vote: . Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Resolution No. 30-40 Resolution to fix a date of meeting at which it is proposed to take action for the issuance of $8,600 Dock Bonds: Whereas a petition reading: "To the City Council of the City of Dubuque, Iowa: We, the undersigned, the duly ap• pointed, qualified and acting mem- bera of the Dock Board of the City of Dubuque, Dubuque County, Iowa, being satisfied that it is necessary and advisable that ]and 'be pur• chased for dock proposes in and for said City, do hereby petition the City Council of the City of Dubuque to Issue Dock Bonds of said City in the amount of $8,600, the money derived from the .sale of said bonds to be used to pay the purchase price of said land. J. A. KERPER, Pres. MARK W. GAVIN, THOMAS M. STAMPFER, Members of Dock Board of Dubuque, Iowa; ' has been filed with this City Coun- of Dubuque, Iowa; and ,: • Whereas it is deemed advisable and necessary that the City of Du- buque, Dubuque County, Iowa, pro- vide fm• the purchase of land for dock purposes pursuant to the gen- eral plan for improvement of the water front of said City as pre• pared by this Dock Board of said City and now on file in the bffice of said Board, as required in said petition and as permitted and pro• vided for by Section 5902 of the Code of_Iowa, 1939, the coat where• of to the amount of $8,600 is law• fully chargeable to and payable front a special fund created from the levy • of special taxe$ as per- mitted and provided for by Section 6902 (10) of the Cade of Iowa; and Whereas it is deemed advisable and necessary that bonds beissaed for said purpose in the amount of $8,500 as authorized by Section 6902 (11) of the Code of Iowa, 1939, but it is necessary to provide for notice and hearing in the manner and form required by Chapter 23 of the Code of Iowa; Now, therefore, be it resolved.by the City Council of the City of Dubuque, Iowa, as follows: Section 1, That this City Coun- cil meet at the City Hall within said City on the 6th day oY May, 1940, at 7:30 o'clock P. M•, at which time and place proceedings will be instituted and action taken for the issuance of ;8,600 Dock Bonds for the purpose as referred to in the preamble hereof. Section 2, The City Clerk is here• by directed to give notice of pro- posed action for the issuance of Regular Session, April 1st, 1940 8S said bonds, setting forth the amount and purpose thereof, the time when and place where said meeting will be held, by Publication at least once for at least ten days before said meeting, in The Telegraph-Herald, a newspaper of general circulation within said city, Said notice shall be in substantially the following form: .NOTICE OF MEETBIG FOR ISSUANCE OF DOCK BONDS The City Council of the City of Dubuque, Dubuque County, Iowa, will meet on the 0th day of May, 1940, at the City Hall, Dubuque, Iowa, at 7:30 o'clock P. M., for the purpose of instituting proceedings and taking action for the issuance of $8,600 Dock Bonds of said City for the purpose of paying the pur- chase price of land to be acquired for dock purposes iu and for'said City. At auy time before the date of said meeting five or more taxpay- ers may file a petition in the office of the City Clerk, setting forth their objections thereto, By order of the City Council, April 1, 1940, Attest: J. J. SHEA, City Clerk. Section 3. That all resolutions or parts thereof in conflict herewith be and the same are hereby re• pealed, and this resolution shall be effective forthwith upon its pass• age and approval, Passed and approved April 1, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B, A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded; April 1, 1940, J, J. SHEA, City Clerk, Councilman Van Duelman movod the adoption of the resolution. Sec• onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. Resolution No. 31-40 • Resolution providing for the adver• tisement of $8,600 Dock Bonds. Whereas, the City Council of the City of Dubuque, Iowa, has hereto- fore determined it to be advisable and necessary that laud he acquired for dock purposes in and for said City and it is necessary and for the best interests of said City that $8,500 Dock Bonds contemplated to be issued to pay the purchase price thereof to that amount be offered for sale at this time in the manner required by Chapter 23 of the Code of Iowa; Now, therefore, be it and it is. hereby resolved by the City Coun- cil of the City of Dubuque, Iowa, as follows: Section 1. That Dock Bonds of said City in the amount of $8,600 be advertised for sale, such bonds to be dated April 1, 1940, bearing interest payable semiannually and maturing $3,600 on Novomber 1, 1941, $3,000 on November 1, 1942, and $2,000 on November 1, 1943, and that bids be requested far ac- tion thereon at the City Hall in said City at 7:30 o'clock P. M., on May 6, 1940, and that the City Clerk be, and he is hereby author- ized and directed to publish notice of such sale once each week for at least two consecutive weeks in one of the official newspapers of Dubuque County, Iowa, such ad- vertisement to be in the form cus- tomarily employed for that purpose. Section 2, That all resolutions or orders in so far as same may be in conflict herewith be and the same are hereby repealed. Passed and approved, April 1, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Recorded: April 1, 1940. J. J. SHEA, City Clerk. ' Councilman Van Duelman moved the adoption of the resolution, Sec- onded by Councilman Whartou. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Mr, Anthony Knopp addressed the Council requesting that the Bee Branch Sewer running through his property be enlarged and straight- ened in order that the flow of water may not be hampered and advising Council that the retaining wall is being washed away and further requesting that the debris in said sewer be cleaned out to allow free flow of the storm waters. Councilman Schueller move d that the verbal request of Mr. An- 86 Session, April loth, 1940 thong Knopp be referred to the City Council to view the grounds, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mdgor Thompson, Coun- Cilmen Murpky, Schueller, Van DUelman, Wharton: Nays-None. Mr. Mike Sand addressed the Council requesting that 25th Street West of Central Avenue be re- paired and that said street and gutters be raised in order that Cars may park properly. Counbilman Wharton moved that the verbal request of Mr, Mike Sand be referred to the Citq Coun- oil to View the grouhde. Seconded by Councilman Van Duelman. Car• ried by the following vote: Yeas=Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man,' Wharton. Nays-Novo. There being no further business, Councilman Murphy moved to ad• journ. Seconded by Counoilman Van Duelman. Carried by the fol• ]owidg vote: Yeas=Mayor Thotupaon, Counoil• men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. J. J. SHDA, City Clerk. Approved ..................................1940. Adopted ....................................1940: Councilmen: 1 ...................................... Attest : ....................................... Clty Clerk, City Counnil (Official) Special Session, April 16, 1940. Counoil met at 8:20 P. M. Present-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duehnan, Wharton; City Manager Rhomberg. Meeting called by order of Coun- cilmen Schueller and Murphy. Mayor Thompson read the call and stated drat service thereof had Been duly made and that this meet- ing is called for the purpose of considering personal injury claims Rled against the City of Dubuque and acting on any othei` bUsidess as may properly come before a regular ineeting of the City Council: Communication oP Miss Leona De Sorel submitting supplemental claim in the amount of $30.00 for personal injuries and damages td her Clothing sustained ih a Pall on an icy sidewalk, presented and read: Councilman Murphy moved that the coinmUnication be referred ttl the City Solicitor foi• investigation ahd report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Communication of C. J. Carroll aubmjtting supplemental Maim in the amount of $260.00 for per• sonal injuries sustained in a fail on an icy driveway at the rear of 2371 Jaokaon Street, presented and read, Councilman Murphy moved that the communication be referred to the City Solicitor for investigation and report. Seconded liy Council- man Van Duelman. Carried by the following vote; Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Notice of claim of Mra. Caroline Theiring in the amount of ~1&.00 for personal injuries sustained in a fall on an icy sidewalk at 13t1r and Main Streets, presented and read. Counoilman Van Duelman moved that the Notice of Claim b9 "referred to the City Solicitor to inVestfga- tion and report. Seconded by Coun• cilmad Schueller. Carried by the tollowing vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van DUel- man,. Wharton. Nays-None. Notice of Claim of Mrs, John special O'Brien iii an unstated amount for personal idjuties sustained in a fall on an icy sidewalk on Iowa Street between 12th and 13th Streets, just opposite Paradiso Fruit store at ndrth end of building occupied by l+lorida Fruit Company, presented and read. Counoilman Van DUelman moved tkat the Notice bf Claim lie referred to the City Solicitor ftir investiga• tion and 'report. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Yeas=Mayor Tliompsod, Council• men Murphy, Schueller, Van Duck man, WhaFttid. Nays-None. Oommunication of Joseph J. Roepseh requesting that the City of Dubuque authorize the payment of the bill of St. Joseph Mercy Hos- pital for X•Ray in the amount of $10.00, as said X-Ray was ordered taken by the City of Dubuque due to a fall sustained by said Joseph J. Roepseh on an icy sidewalk on the West side of Grove Terrace an March 22, 1937, presedted and read. City Solicitor Kidtzingei~ recoiir• irieuding that the bill of St. Joseph Mercy Hospital in the amount bf $10.00 for %Ray ordered taken by the City of the injuries sustained by Joseph J. Roepseh iii a fall on an icy sidewalk bn the West side of Grove Terrace on March 22, 1937; bb allowed. CoUneildtan Wharton moved that the recommendation of City Solici• for Kintzinger be approved add that the City Auditor lid instructed tb draw a warrant in the amount of $10.00 payable to St. Joseph Mercy Hospital to hover R•Ray eicpenses, said ff=Ray being ordered taken by tho City of Dubuque, incurred in the personal itYjdry Claim of Joseph J. Roepseh wka sustained injuries td fallidg od ail icy sjdewalk on the West "side of Grove Terrace on March 112, 1937, Seconded liy Coun- cilman `Vail Duehnad. Carried by the fblioividg vote: Yeas-Mayor, mriompaon, Coirncil- tned Murphy, Schueller, Van Due]• man, Wharton. Nays-None, Communication of J. A. Pye, chairman of Flag Week Committee, extending an invitation to the City Council to attend a meeting to be held at the Legion rooms on April 18~ 1846, at 7:30 P. M., presented and read; Councilman Murphy moved that the invitation be accepted: Second• ed by Coutlefhnan Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- it 16th, 1940 87 men Murphy, Schueller, Vatt Duel- man, Wharton. Nays-None, Conitdanicatlon of Walter L. Bier- ring, M.D., Health Cominissionf'r; State Department of Health, ro- questing that the City Cbltneil, as a local board of health, authorize the local health ofRcer to attend the annual meeting of the Iowa Public Health Associatiod tb be held April 30, 1940, at Des Moines; Iowa, presented and read: Councilman Van Dnelrrian moved that the cominunicatiod be referred to tiie City Council, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel= idan, Wharton. Nays-Nona. Comrnunicatiod of League of Iowa Municipalities hrging tke City Coun- cil to take an active interest ih the nominatibh bf candidates foi~ the legislature, presented and i•dad. Councilman Murphy moved to re- for the comntudication to the City Manager and ,city Solicitor for ih- vestigation. Seconded by Counoil- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson; Counoil- rnen Mm•phy, Schueller, Van Ddel- man, Wharton. Nays-None. Comtriunioatlon of Wiiliarn dar= ponder calling the attention bf the City Council to the condition of the sidewalk at the corner of Pear and Rush Streets, which sidewalk is owned by him, and advising CoUn• oil that the condition of said side- walk is caused by the placing bf a storm sewer under the sidewalk, presented and read. Councilman Wharton moved that the coimunication be referred to the Council to view the grounds. Seconded by Councilman Van D'uel- man, Carried by thii following vote: ~'eas-Mayor Thompson; Council- nted Murphy, Schueller, Van Duel= man, Wharton. Nays-Done. P'etitiori of E. D. Cline; Superid- tendent of Bopi~d of Education; sub- »iittidg written protest to the chaugidg from residential to com- mercial any property adjacent td or in the vicinity of the Washington Junior High School, presented and read. Councilman Van Duelman moved that the petition be referred to ttie City Counoil, Seconded by CoUdeil- man Wharton, Cair'ied by ttio fol- lowing vote: Yeas-Mayor Thompson, Counefl- 88 Special Session, April 16th, 1940 men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Thomas M. Stampfer, a submitting written protest to chang- ing the. zoning restrictions pertain- ing to the Dodge Street-Fremont Avenue vicinity, presented and read. '~ Councilman Van Duelman moved that the petition be referred to the City Council. Seconded by Coun• Gilman Wharton, Carried by the following vote: Yeas-Mayor Thompson, Council• men Murphy, Schueliler, Van Duel• man, Wharton. Nays-None. { Potition of E. B. Lyons requesting ' the City Council not to grant the petition asking for- a change in zoning from residential to a busi- ness district a certain property lying at the junction of Dodge Street and Route 20 just at the be- ginning of Fremont Avenue, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Council. Seconded by Coun- cllman Wharton. Carried by the following vote; Yeas-Mayor- Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of C. J. May et al, resi- dents, property owners and tax- payers of Fremont Avenue and i vicinity, requesting that the petition for the re-zoning of this diata•ict for business purposes be disregard- ed, presented and read. Councilman Van Duelman moved that the petition be referred to the City Council. Seconded by Council- man Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, 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 wishes to do so to address the Council. Sec• owded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Mr. F. D. Gillaon, Attorney, ad- dressed the Council requesting that the petition of Ben. L. Baumhover• for the rezoning of the property of Mrs. Mary -Fuchs and daughter, Clarice Baumhover, located at the intersection of Highway No. 20 and Dodge Street at Fremont Avenue be granted as said property since the Highway was cut through is not desirable for residential purposes and can only be used for commer• cis] purposes and small homes. Mr. Ben L. Baumhover addressed the Councll requesting that 'the prayer of his petition be granted and that the property of Mrs, Mary Fuchs and daughter, Clarice Baum• hover, located at the intersection of Highway Nc. 20 and Dodge Street be t•ezoned to a business district. Mr•. E. B. Lyons addressed the Council requesting that the petition of Ben L, Baumhover, for the rezon- ing of the property of Mrs. Mary Fuchs and daughter, Clarice Baum• hover, located at the intersection of Highway No. 20 and Dodge Street at Fremont Avenue be not granted. April 16, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Regarding attached petition of Ben, L. Baumhover requesting re- zoning of the property of Mrs, Mary Fuchs and daughter-, Clarice Baum- hover,located at the intersection of Highway No. 20 and Dodge Street at Fremont Avenue, the Planning and Zoning Commission recom- mends to your honorable body that the petition be denied. At the Planning and Zoning Com- mission hearing, held April 5, 1940, a strong opposition presented itself, A counter-petition bearing the names of forty-three (43) residents of the district, practically all pro- perty owners, and numerous letters were read indicating the unpopu- larity of the suggested change in the Zoning Ordinance. Then again, you will remember that at a joint meeting of the City Council and the Planning and Zon• ing Commission, held December 29, 1939, all members of both bodies be- ing present, a general policy for handling such future requests for rezoning along the new Highway No, 20 approach to the city was established, and since expressed by revision of the ot•dinance making all property on said highway west of Bryant Stt•eet to the westerly city limits a residential area as estab- lished. In the interest of stability of policy and to encourage the de- velopment of this section of the city along desired lines as an attrac- tive entrance to Dubuque over High- way No. 20, the Planning and Zon- ing Commission feels that it is im- pottant that no ]et down of present restrictions be allowed. Respectfully submitted, RICHARD V. McKAY, Secretary Dubuque Planning and Zoning Commission. Session, April 16th,. 1940 $9 Councilman Schueller• moved that the recommendation of the Plan- ning and Zoning Commission be ap• proved. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Petition of Steve Dura et al, farm- ers and residents of Dubuque Coun- ty, Iowa, requesting that they be allowed to continue their market stands in the vicinity of the City Hall and particularly on Iowa St., presented and read. Councilman Van Duelman moved that the petition be referred to the City Council for further considera- tion. Seconded by Councilman Schueller. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council• men Murphy, Schueller, Van ~ Duel- man, Wharton. Nays=None. Petition of Edward F. Gaidzik, Chairman of Parking Commission, Chamber of Commerce, requesting the use of the vacant lots owned by the City of Dubuque at the corner of 11th and Locust Streets for parking purposes, presented and read. Councilman Murphy moved 'that the petition be referred to the Lib• nary Board for their recommenda- tion and report, Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None, Petition of A. L. Brummer, re• ferred to the City Council by the Beard of Supervisors, requesting the suspension of the 1939 taxes on the North ~ of City Lot 262, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton, Nays-None. Petition of Louis Kuehnle, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lot 60 McCraney's 1st addition, pre- sented and read, Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Council Proceedings for the month of February, 1940, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of February, 1940, be ap• proved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayer Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton, Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of February, 1940, pre- sented and read. Councilman Murphy moved that the pt•oof of publication be received and filed, Seconded by Councilman Van Duelman. Carried by the fol~ lowing vote: Yeas-Mayot• Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. April 15, 1940 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer, City Health Department and City Water Department for the month of March, 1940, also annual report of the City Treasurer forfiscal year beginning April 1, 1939 and ending Match 31, 1940, together- with list of claims and list of payrolls for which warrants were drawn during the month of March, 1940. Respectfully submitted, A. A. RHOMBERG, City Manager: Councilman Murphy moved that the reports be received and placed ou file. Seconded by Councilman Van Duelman, Carried by the fol- lowing vote: Yeas-Mayor,Thmnpson, Council- men Murphy, Schueller, Van I)uel- mau, Wharton, Nays-None. April 6, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for- filing: 90 Special Session, April 16th, 19x0 PERSONAI. Robert P. Marshall, City Audit- or; Bond No. 10703, Massachusetts Bonding and Insurance Co, Jahn Joseph Hail, Superinten• dent and Cashier, Water Depart- ment; Bond Na. 14409, Massachu• setts Bonding and Insurance Co, Daniel J. O'Leary, Plumbing In- spector; American Surety Co. Otto F• Bethke, Electrical In- spector; Continental Casualty Co, Geraldine L. Demkier, Secretary to-City Manager; Continental Cas• ualty Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on ftle. Seconded by Coun cilmam Murphy. Carried by the fol• lowing voter Yeas-Mayor Thompson, Council- men Murphy. Schueller, Vain Duel- man, Wharton. Nays-None. April 18, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. • Gentlemen: On Apri13,1939, as City Manager of the City of Dubuque, I appoint- ed Dr. A. J. Entringer Health Di• rector in the City of Dubuque, and under a communication addressed to the City Council on Ghat-date it was stated among other things "Said officers (the Health Direct• or included) and emplayesa to be under my supervision. and ¢on• tral and their appointment to continue. during the pleasure of the. Manager." That appointment has continued, no, vacancy liar been declared in that office, the present incumbent in that office has not been disc charged; and is still acting under that appointment; On the. 30th day of March, 1940, Dr, W. J. Connell fled an applica• lion asking, to be. appointed Health Dire.¢tor and' claiming SgTdier's preference. There being no vacancy in that office and no appointment. to make, nevertheless, I investigated the matter with reference to the qual• ifications of the applicant, and from said investigation ftnd'and de• termine that the qualiftcatfonS of the. present incumbent, Dr, A. J. Entringer, fore the poait}'on He is holding as City liIflaltkU Diuectar are superior and greater than those of the appheant, Dr, 4~. J•. OOAn®11. I have heea City Manager since July Lb,,193;Z, have had first Land knowl• edge and observation of Dr. W..S, Connell while he served as City Health Director from the time of my appointment until April 1, 1939, and I have made other inveatiga- lion. The Health Department has been better conducted by Dr. A. J. Entringer than by Dr, W. J. Con- nell because Dr. Entringer has as• sumed responsibility for the con- duct of the department; he has taken a direct and immediate in- terest in all the work of that. de- partment,including the work of his subordinates and has exercised more interest and energy in fur- thering the development of the Health Program in the City of Dubuque. The specific grounds for the re- fusal to appoint Dr. W, J, Connell: first,. that there. is. no vacancy in the office of Health Director and, second, that I have found and de• termined that the. qualifications of the applicant for said position are inferior and not as great as those of the present incumbent, for the reason that from my investigation, ftust•hand knowledge and observa- tion of both men while serving as I~ealth Director of the City of Dtr liuque that the qualifications of Dr. W. J. Connell have been inferior to those of Dr. A. J. Entringer in that be had not assumed groper respon- sibility for the conduct of th e Health Department of the City of Dubuque; he had not taken a direct and immediate interest in all the work of that department, including the work of his subordinates and had not exercised the. proper inter- est and energy in fua;thering the developient of the Health Fnogram in the City of Dubuque. Taking these matters into consideeation with other matters that have come to. my attention by a. full investiga- lion,.. it is my opinion that the quail flcations of Dr. W. J. Connell are not equal to those of Dr, A. J. En- tringer for this position. Dr.. A. J. Entringer having, been appointed Health Director April 3, 1939, having continued, as incum- bent in said otftce and no vacancies having occurred in said office,' the application of Dr, W. J. Connell for appointment is receiWed and tiled by me as City Managev, Respectfully submitted, A. A, RHOMBERG,, City Manager. Cauncihnan Van Duelman moved that the eonuuunication of City Manager Rhomberg be,>;ece-ved sad ordered placed on file with the Cltg Clerk for public inapectinn. Sec- onded by Councilman Wharton. Car- ried by the following vote,:. ,Yeas-Mayor Thgmpeoa, Council.- Special Session, April 16th, 1940 91 men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. April 15, 1940 Honorable Mayor, Members of the Gity Council, City of Dubuque, Iowa. Crentlemen: On March 12, 1940, Mrs. Bar- bara Becker filed a claim with the City of Dubuque Por damages fn the amount of $26 because of a fall qn the sidewalk on Delhi. St, near Stuart St. on February 22, 1940, I have investigated this claim and find that Mra. Becker fell at the place she claimed and sustained damages. I have discussed this matter with her and she has agreed to accept $15 in full payment of her claim against the city. I therefore recommend that the claim be allowed in the sum of $15, a. warrant be issued payable to Mrs., Barbara Becker for $15 and that the same be delivered to her upon the. execution by her of the inclosed receipt and release, Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the. recommendation of City Solicitor Kintzinger be approved and' the City Auditor instructed to draw a. warrant in the amount of $15.00 in favor of Mrs. Barbara Becker as Settlement in full of her personalrnjury claim„ said claim resulting from a fall on a sfdewalli an Delhi Street near Stewart Street, said warirant to be delivered upon the: execution of a receipt and release by Mrs: Barbara. Becker. Seconded, by Councilman Schueller. Carried by the following vote: Yeas--Mayon Thompson, Coun~il- men Murphy,. Schueller, Van Duel• man,, Wharton. Nays I+Fone. April 12, 1940. Mr. A. A. Rhomberg, Cfty Manager and 14IIembees of the Clty Council, Dubuque, Iowa. Gentlemen: T herewitll~ submit a report of the fbl'lOwing Q'Ia98 B Pel•mft holder. An investigation concern ing the operation of this establish- ment s[ttce the perms"t was last issued rise been made. and is in- ctuded in this report,, together with my 'findings- regarding the cHar• aster and record of this permit holder, Name: John Grommersch. Alddtress: 56 East 7th Street. permit Number: ' 80. History: The. above p e r m i t bolder is. the. owner of the property located on the north. west ,corner of 7th and White Streets which ex• tends westerly to the alley first west thereof. He has in a large measure contributed to a liquor nuisance at 55~ East 7th Street directly aver his tavern operated by one Dorrance Lyons. Said Lyons having been in Citp Court on two occasions, and once in Federal Court in the past year, and convicted in all instances. Mr. Grommersch has known this condi- tion to exist, having been served a subpoena in the Federal Case, himself. He was also contacted concerning the abatement of this nuisance by evicting his tenant which he flatly refused to do. Mr. Grommersch also has been im the habit of keeping his tavern open on Sundays and an investifgation revealed that he was selling beef on Sundays. He was arrested on Sunday, April 7th, 1940, for so doing and on April 8th, 1940, in the Police Court of the City of Dubuque, Iowa, County of llu- buque, he entered a plea of guilty to the charge of violating Para- graph 511, Section 23', Ordinamce 9-35; selling beer on Sunday. He was ftned f[ftiy do11'ars ($60100) and coats of three do14'ara, fifty cents ($3.50), whicl he paid. Recommendations: Because of Ghe disorderly conduct of John Grommersch in the operation of hie Class B Tavern and of the above cited violation of law, I here• by recommend' that the City Coun- cil proceed under the provisions of Section 1921, 125, Cade of Iowa and Paragraph 518, Section' 90, Ordinance 9-36, making ft manda- tm•y that license Number 80, issued to John Grommersch at 56 East 7th Street on July 1, 1939; be re- voked forthwith. Respectfully submitted, JOS.. H, STRUB, Chief of Poltce, Dubuque Police Department. Councilman Wharton moved that the report and recommendation of Chief of Police Sfrnb he. referred to. the Citiy Council Eor furttrer con sideration. Seconded by Councit~ man Van Duelman. Carried by-the following cote: Yeas-Mayor Thompson, Council- men Murphy; Schueller, Van Duel- man, Wharton. Nays-None. April 18, 294'0: To; the Honorable Mayon, City Coun- cil and City Manager„ Tdubuque,, kawa. Gentlemen:. I herewith: submit a report ad the following Class "B" Beer Permit holder.: An investigation e~cern. ing the operation of this; establish, 92 Special Session, April 16th, 1940 ~ Special Session, April 16th, 1940 93 ment since the permit was last issued has been made and is in- cluded in this report, together with my findings regarding the character and record of this permit holder. Name: Anna Heiar, Address: 1900 Washington Street, Permit Number: 135. History: The office of the Chief of Police has received complaints to the effect that beer was being sold on Sunday on the premises of the above permit holder. An investiga- tion revealed that this condition did exist. On April 7th the above named permit holder was arrested and charged with violating Paragraph 511, 'Section 23, Ordinance 9-35 forbidding the consumption of beer on Sunday. There were eight per- sons consuming beer in this estab- lishment when visited by the offi- cers, On April 8th, 1940, in the Police Court in the City of Dubuque the above named permit holder en• tered a plea of guilty to the above charge and was fined $60.00 and costs which were paid. Recommendations: Because of the disorderly conduct of Anna Heiar in the operation of her Class "B" Beer Tavern and of the above cited violation of law, I hereby re- commend that the City Council pro- ceed under the provisions of Sec• tion 1921-125, Code of Iowa and Paragraph 618, Section 30, Ordi- nance. 9-36, making it mandatory that license Number 135 issued to Anna Heiar at 1900 Washington Street on July 1, 1939, be revoked forthwith. Respectfully submitted, JOS, H. STRUB, Chief of Police, Dubuque Police Department. Councilman Wharton moved that the report and recommendation of Chief of Police Strub be referred to the City Council for further consid- eration. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel• man, Wharton. Nays-None. • Apri116,1940. Mr. A. A. Rhomberg, City .Manager and Members of the City Council, Dubuque, Iowa. Gentlemen: I herewith submit a repm•t of the following Class "B" Beer Permit holder. An investigation concern- ing the operation of this establish- ment since the permit was last issued, has been made ' alyd is in- cluded in this report; 'together with ,my findings regarding the charac- ter and record of this permit holder. Name: Anton Fortman, Address: 253 Main Street, Permit Number: 59. History: The office of the Chief of Police has received complaints to the effect that beer was being sold on Sunday on the premises of the above permit holder. An in- vestigation reveals that this con- dition did exist, On April 7th the above named permit holder was arrested and charged with violat- ing Paragraph 511, Section 23, Or- dinanre 9-35 forbidding the con- sumption of beer on Sunday. There were sixteen persons consuming beer in this establishment when visited by the officers. On April 8th, 1940, in the Police Court in the City of Dubuque the above named permit holder entered a plea of guilty to the above charge and was fined $60,00 and costs which was paid. Recommendations. Because of the disorderly conduct of Anton Fm•tman in the operation of his Class "B" Beer Tavern and of the above cited violation of law, I hereby recommend that the, City Council proceed under the provi- sions ' of Section 1921-126, Code of Iowa and Paragraph 618, Sec• tion 30, Ordinance 9-35, making it mandatory that license' Number 59, issued to Anton Fortman at 253 Main Street on July 1, 1939, be revoked forthwith. Respectfully submitted, JOS. H. STRUB, Chief of Police, Dubuque Police Department. Councilman Wharton moved that the report and recommendation of Chief of Police Strub be referred to the City Council for further con- sideration. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. April 16, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen; The Planning and Zoning Com- mission recommends to your honor- able body denial of the request of Wm. J. Watkins for permit to build a sign board on Highway No. 20 near the City Limits. To grant such a request would require the rezoning of the pro- perty in question to "Local Busi- ness", since advertising signs are not allowed anywhere in "Single Family Residence" areas. Such rezoning is contrary to the gen- eral policy to preserve an attrac- tive entrance to Dubuque from the west aver the new Highway No. 20. Respectfully submitted, RICHARD V. McKAY, Secretary Dubuque Planning & Zoning Commission. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Schueller. Carried by the follow• ing vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. April 10, 1940 To. the Honorable Mayor and City Comrcil, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission recommends to your honor- able body approval of the petition of Joseph P. Schiltz, dated March 30, 1940, asking approval of plat for "English Lane Subdivision". Respectfully submitted, RICHARD V. McKAY, Secretary Dubuque Planning & Zoning Commission. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be re- ferred to the City Council. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Resolution No. 32-40 Be It Resolved by the City Coun- cil of Dubuque that the following, having complied with the provis- ions of law relating to the sale of cigarettes within the City of Du• buque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name. Address. Payson Berg, 1804 C e n tr a 1 Avenue. William M. Hill, 2026 Central Avenue. Be It Further Resolved that the bonds filed with the applications be approved, Passed, adopted and approved this 1Gth day of April, 1940, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk: Councilman Van Duelman moved the adoption of the t•eaolutian. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Thomuson, Coun- cilmen Murphy, Schueller, Van lluelman, Wharton. Nays-None. Resolution No. 33-40, Whereas, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be and the same is hereby approved and it is order- ed that the premises to be occu- pied by such applicant shall be forthwith inspected. CLASS "B" PERMIT. Name. Address. Arthur J. Spahn (Transfer of ad- dress from 1766 Central Avenue), 469 Main Street. Passed, adopted and approved this 16th day of April, 1940. F. W. THOMPSON, Maym•. FRANK VAN DUELMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Sec- onded by Councilman Schueller. Carried by the following vote: Yeas--Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 3410. Whereas, heretofore application was filed by the within named ap• plicant for Class "B" Beer Permit and has received the approval of this Council;. and Whereas, the premises to be oc- cupied by him have been inspected and found to comply with the ar• dinances of this City and he has filed a proper bond: Now, There- fore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named person a Beer Permit. CLASS "B" PERMIT, Name. Address. Arthur J. Spahn (Transfer of ad- dress from 1766 Central Avenue), 469 Maiu Street. Be It Further Resolved that the 94 Special Session, April 16th, 1940 bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 16th day of April, 1940. F. W. THOMPSON, Mayor. FRANI{ VAN DUELMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the t•esolution. Sec• onded by Councilman What•ton, Carried by the fallowing vote: Yeas-Mayor Thomason, Counci]• men Murphy, Schueller, Van Duel- man, Wharton Nays-None. Ordinance No. 4-40. An ordin- ance entitled "Ordinance No. 4- 33;' and amendment thereto en- titled "Ordiuattce No. 6-37," An ordinance providing that certain businesses and vocations conduct- ed in the City of Dubuque shall be licensed; fixing ~ the license fee therefor; defining terms employed; prescribing the regulations which shall apply to businesses and voca- tions required to be licensed; re- pealing Ordinance No. 6-37 pro- viding for remission of license fees; and repealing all ordinances or parts of ordinances in conflict herewith, presented and read. Councilman-Van Duelman moved that the reading just had be con- sidered the flr•st reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men iVlurphy, Schueller, Van Duel• man, Wharton. Nays-None, Councilman Van Duelman moved that the rules be suspended requir• ing ah ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duel- man moved that the reading dust had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Ordinance No. 5-40. An ordin- ance amending an ordinance en• titled "Ordinance No. 4-1933." An ordinance providing that certain businesses and vacations conduct- ed in the City of Dubuque shall be licensed; fixing a license fee therefor; defining terms employed; prescribing the regulations which shall apply to businesses and voca- tions required to be licensed; re- pealing all Ordinances or parts of Ordinances in conflict herewith; and prescribing a penalty far viola- tion hereof, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Council- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Cottncil- Men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duel• man moved that the reading just had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council• Wren Murphy, Schueller, Van Duel- man, Wharton. Nays-ATOne. Ordinance No -40, An ordin- ance creating and establishing a "Board of Examining Engineers," and providing fm• and regulating the examination of engineers; pro- viding for- penalty for the violation of the provisions hereof; and re• pealing all ordinances or parts of ordinances inconsistent herewith, presented and read. Councilman Van Duelman moved that the ordinance be referred to the City Solicitor for investigation and report. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, CouncIl- men Murphy, Schueller, Van Duel- man, Wharton. Nays-None. There being no further business, Councilman Murphy moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Council-