1940 June Council Proceedings118 Special Session, May 16th, 1940
Councihnau Murphy moved the
adoption of the resolutiou. Second•
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Van Duel•
man,
Nays-Councilman Wharton.
Resolution No. 42-40
Whereas, the Traffic Regulations
of the City of Dubuque provide
II, Restriction of Vehicles, Rule
(12) "Heavily laden vehicles shall
not be permitted to travel over
Main Street from West 2nd to West
13th Streets, and upon such other
streets, as the City Council may, by
resolution, froim time to time Pre•
scribe , .:'
And Whereas, it has been made
to appear to the City Council of the
City of Dubuque that heavily laden
vehicles are traveling on and over
Grandview Avenue;
And Whereas, such heavily laden
vehicles over five tons iu weigh,
including weigh. of vehicles, should
pe prohibited from traveling on
Grandview Avenue;
Therefore, Be It Resolved by the
Council of.the City of Dubuque that
heavily laden vehicles, over and
above five tons in weight; including
weight of vehicles, shall not be per-
mitted to travel over Grandview
Avenue.
Passed and approved May 16th,
1940.
F. W. THOMPSONy
Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO, R. MURPHY,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolutiou. Second-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas-Mayor Thompson, Council•
men Murphy, Schueller, Vau Duel•
man, Wharton.
Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn. Secouded,by Couucihnan
Wharton. Carried by the following
vote:
Yeas-Mayor Thompson, Council-
men; Murphy, Schueller, Van Duel-
inan; Wharton.
Nays-None.
J. J, SHEA,
City Clerk.
Approved ........... ................1940.
Adopted ....................................1940.
119
City Council
(Official)
Councilmen: { ......................................
Attest :.................:..............................
City Clerk.
Regular Session, Juue 3rd, 1940.
Council met at 8:05 P. M,
Present-Mayor Thompson, Council-
men Murphy, Schueller, Van Duelman,
Wharton, City Manager Rhomberg.
Mayor Thompson stated that this is
the regular monthly meeting of the
City Council for the purpose of acting
upon such business as may properly
come before the meeting.
Councilman Wharton moved that the
rules be suspended for the purpose
allowing any, one present in the Coun-
cil Chamber, who wishes to do so to
address the Council. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas -Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None. Mrs. Caroline Theiring
addressed the Council asking the City
Council to reconsider their former ac-
tion in disallowing her personal injury
claim as recommended by the'City So-
licitor. Councilman Wharton moved
that the verbal request of Mrs. Caroline
Theiring be referred to the City Coun-
cil. Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas~Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None.
Messrs. David Hartig, Harry Sirkin
and $. P. Kretz addressed the Council
requesting that the present "City
Routes" markings on Main Street be
allowed to remain and that permission
be granted for the placing of a sign
at the intersection of Main and Four-
teenth Streets marked "Turn West to
meet Highway No, 20. Mr. M, L•
Harwood addressed the Council re-
questing that favorable action be taken
ou routing Highway No. 20 aver 1~ast
Fourth Street to Central Avenue,
thence over $ighth Avenue to Julien
Avenue, thence over Julien Avenue to
Delhi Street, thence over Delhi Street
to Delhi Road and make connections
with Highway No. 20 at Center Grove,
Councilman Murphy moved that the re-
quests be referred to the City Council
until such time as final disposition has
been made as to the location of the
new High Bridge. Seconded by Coun-
Gilman Schueller. Carried by the fol-
]owing vote: Yea-Mayor Thomson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
May 24, 1940.
To the Honorable Mayor,
City Council and City Manager,
Dubuque, Iowa,
Gentlemen:
I herewith submit a report of the fol-
lowing Class "B" Beer Permit holder.
An investigation concerning the opera-
tion of this establishment since the per-
mit was last issued has been made an
is included in this report, together with
my finding regarding the character and
record of this permit holder.
Name: Mrs, Anna Kirkpatrick
Address: 4S7 $ighth Avenue
Permit Number: 64
Issued: July 1, 1939
January 20, 1940: Lawrence Flynn
who owns rooming house at 553 $ighth
Avenue complains of conduct of per-
sons at Ann's Tavern, stating that peo-
ple walking by on the sidewalk are
being accosted by women patrons of
the place.
January Z2, 1940: Leo S. Roepsch of
Central Motor Company, 450 )•ighth
Avenue, was interviewed concerning
the conditions around Ann~s Tavern
and corroborated the complaint of Mr,
Flynn. January 22; 1940: Officer
Joseph Osterhoff was detailed to make
survey of Ann's Tavern at about 3:15
P. M He purchased beer and while
in the place they were serving some-
thing that looked like wine.
January 23, 1940: Officer Osterhoff
again called at Ann's Tavern and pur-
chased two bottles of beer and a shot
of whiskey at 1S cents at 3:15 P. M.,
also a girl got a key and she and a
man went upstairs while officer was
present.
January 24, 1940: 10:30 A, M. Officer
Trentz called at Ann's Tavern, pur-
chased beer and looked around.
January 24, 1940: 3:40 to 4:10 P. M.
Officer Steffen visited Ann's Tavern,
purchased whiskey at 1S cents per shot.
Some remarks were made with refer-
ence to women being available for im-
moral purposes,
January 25, 1940: At about 10;00
A. M. Officer Trentz visited Ann's Tav-
ern and purchased whiskey at 1S per
shot.
January 25th, 1940: At about 6;00
P, M. Officers Steffen and Ostenberger
visited Ann's Tavern. Both purchased
whiskey and while there one Irma
Kerns propositioned Officer Steffen on
the idea of a party, for which she
would charge $3,00. Said Irma Kerns
got a key from Ann Kirkpatrick, who
was tending bar at the time, and took
the officer to a room on the second
floor. At that time Chief Strub and'
Detective Horsfall and Officer Trentz
entered the place, searched it and found
the following liquors on the premises:
Regular Session, June 3rd, 1940.
120 Regular Session, June 3rd, 1940. ~ Regular Session, lane 3rd, 1940. 121
8 quarts of A. J. Cummings whiskey,
1 quart of A. J. Cummings, partly
used,
2 quarts of Old American whiskey,
1 quart Old American, partly used,
4 quarts Longwood whiskey,
1 quart Longwood whiskey partly
used,
1/ gallons of Muscatel wine partly
used,
1 quart Sloe Gin, partly used,
1 quart Dry Gin, partly used.
Mrs, Kirkpatrick was arrested on
January 2S, 1940 and charged with vio-
lation of Paragraph 519, disorderly con-
duct (Beer Ordinance No. 9-35). She
was taken into Police Court on January
2b, 1940 plead not guilty, but was found
guilty and fined $100.00 and costs n
$3.50, An appeal was taken to the Dis-
trict Court and on May 22. 1940 in
Judge Stuart's Court she entered a plea
of guilty to the charge and the fine
was reduced to $25.00 and the costs of
the action.
Recommendation: Because of the dis-
orderly conduct of Mrs. Anna Kirkpat-
rick in the operation of her Class "B"
Beer Tavern and of the above cited vio-
lation of law, I hereby recommend tha~
the City Council proceed under the pro-
vision of Section 1921.125, Code of
Iowa, and Paragraph 518, Section 30,
Ordinance No. 9-35, making it manda-
tory that license No. 64 issued to Mrs.
Anna Kirkpatrick at 4S7 Eighth Av-
enue on July 1, 1939 be revoked forth-
with.
Respectfully submitted,
JOS. H, STRUB,
Chief of Police,
Dubuque, Iowa
Attorney Robert Czizek addressed
the Council requesting that the City
Council give consideration to the
recommendation of Chief of Police
Strub, before taking final action, for
the revocation of the Class "B" Beer
permit of Mrs. Anna Kirkpatrick.
Councilman Wharton moved that the
recommendation of Chief of Police
Strub be approved, Seconded by Coun-
cilman Schueller, Caru•ied by the fol-
lowing vote: Yeas-Mayor Thompson,
'Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
her place of business in a disorderly
manner and otherwise in violation of
law; Now, Therefore,
Be It Resolved By the City Council
of the City of Dubuque that Class "B"
Beer Permit Number 64, heretofore is-
sued to Mrs, Anna Kirkpatrick, be and
the same is hereby revoked and the
Chief of Police is directed to take up
such permit forthwith and return tlue
same for cancellation.
Passed, adopted and-approved this
3rd day of June, 1940.
]?. W, THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Council Murphy moved the adoption
of the resolution. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Communication of Geo. A. Wilson,
Governor of State of Iowa, advising
that the Traffic Safety Commission has
recommended that special attention be
given to the traffic laws of Iowa dur-
ing the mouth of June and requesting
a report on what steps the City of Du-
buque will be able to take in further-
once of this program presented and
read. Councilman Murphy moved that
the communication be received and
placed on file and the request ordered
complied with. Seconded by Council-
man Van Duelman. Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None,
Notice of Public Hearing upon the
application of the City of Dubuque
Bridge Company for approval by the
Chief of Engineers and the Secretary
of War of plans of a fixed highway
bridge to be constructed across the
Mississippi River at Dubuque, Iowa,
presented and read, Councilman Whar-
ton moved that the Notice be received
and filed and the City Manager in-
structed to make an investigation as
to how the Municipal Terminal and
other facilities will be affected by the
construction of said bridge as contem-
plated and to attend said meeting and
offer objections if necessary. Seconded
by Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Notice of Claim of Mary Cholvin in
an unstated amount for personal in-
juries sustained in a fall on a defective
sidewalk on the North side of Ninth
Street between Iowa and Main Streets,
presented and read. Councilman Van
Duelman moved that the Notice of
Claim be referred to the City Solicitor
for investigation and report. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of Board of Education ob-
jecting to the adoption of the ordinance
creating and establishing a Board ou
)examining Engineers and providing
for and regulating the examination of
Engineers presented and read. Coun-
cilman Murphy moved that the peti-
tion be received and placed on file. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton, Nays-None.
Petition of Charles S. Hoermann et
al requesting that Highway No. 20 be
routed through the City as follows:
Traveling West from the ]cast Dubuque
Bridge, turn right at 4th and Central,
thence to Eighth Avenue, turn left and
follow Eighth Avenue to Julien Ave-
nue, thence on Julien Avenue to Delhi
Street, thence on Delhi Street to Delhi
Road and. make connections with High-
way No. 20 at Center Grove, presented
and read. Councilman Murphy moved
that the petition be received and placed
on file. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Petition of Leo J. Miller making ap-
plication for a refund of interest and
penalties in the amount of $27.00 paid
mr Special Assessments on Lot 48
and the Westerly 10 feet of ),ot
47 i n Union Addition, presented
and read. Councilman Murphy moved
that the petition be referred to the City
Manager and City Treasurer for in-
vestigation and report, Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton, Nays-None,
Petition of Nick Freiburger, Mayor,
Town of Sageville, Iowa, requesting
that fire protection be extended to the
incorporated town of Sageville, Iowa,
and that the Town of Sageville, Iowa,
agrees to abide by the terms under
which this protection is furnished as
set out by the City of Dubuque, Iowa,
presented and read, Councilman Mur-
phy moved that the petition be referred
to the City Council. 5'econded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller,. Van
Duelman, Wharton. Nays-None.
Petition of St. Joseph Mercy Hos-
pital of Dubuque, Iowa, requesting fire
protection for both St. Joseph Sani-
tarium and Mt. Saint Agnes upon such
reasonable terms and conditions as .the
city by ordinance or otherwise may
prescribe, presented and read. Council-
man Murphy moved that the petition
be referred to the City Council. Sec-
onded by Councilman Schaeffer. Car-
ried by the following vote: Yeas -
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton, Nays-None.
Petition of Roy Bartels et al, oper-
ators of the Crystal Ballroom, request-
ing fire protection and are willing to
accept any reasonable terms and condi-
tions prescribed by the 'City Council
of the City of Dubuque to come under
the jurisdiction of the City of Dubuque
for fire purposes, presented and read,
Councilman Murphy moved that the
petition be referred to the City Coun,
cll. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None.
Petition of E. E. Frith Co., Inc,, by
E. T. Frith, President, requesting fire
protection for the Frith Fertilizing
Works on the Sageville Road north of
the City of Dubuque and stating that
they are willing to accept any and all
reasonable terms and conditigns pre-
scribed by the City Council of the City
of Dubuque in order to come within
and under the jurisdiction of the City
of Dubuque for fire purposes, presented
and read. Councilman Murphy moved
that the petition be referred to the City
Council. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Petition of Holy Trinity Church re-
questing permission to place a banner
across Main Street and also request-
ing that a street light be installed at
the corner of Lincoln Avenue and
Hamilton Street, presented and read.
City Manager Rhomberg submitting
verbal recommendation that the peti-
tion of the Holy Trinity Church for
permission to stretch a banner across
Main Street be granted the erection of
said banner to be under proper super-
vision. Councilman Van Duelman
moved that the recommendation of City
Manager Rhomberg be approved. Sec-
onded by Councilman Schueller, Car-
ried by the following vote: Yeas-
Resolution No. 43-40.
Whereas, This Council, on the 1st
day of July, 1939, caused to be issued
a Class "B'~ Permit bearing the Num-
ber 64 to Mrs. Anna Kirkpatrick, oper-
ating atavern at 4S7 Eighth Avenue in
the City of Dubuque; and
Whereas, It has come to the atten-
tion of this Council that the owner
and holder of said permit has conducted
122
Session, June 3rd, 1940.
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Verbal recommendation of City Man-
ager Rhomberg, that the City Council
authorize the installation of street
lights at the following locations, pre-
sented: On Edina Street west of Alta
Vista Street; At intersection of Ham-
ilton Street and Lincoln Avenue; At
the intersection of West 30th Street
and Lemon Street; On South Locust
Street half-way between Southern
Avenue and Rowan Street, Council-
man Van Duelman moved that the rec-
ommendation of City Manager Rhom-
berg be approved. Seconded by Coun-
cilman Wharton, Carried by the
follovviug vote: Yeas~Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Petition of Mrs. Kathryn Hoffman
et al asking the Clty Council to sell
as building lots the property facing
Mt. Loretta and known as the Ott
property, instead of turning the same
into a public playground, as the peti-
boners are desirous of keeping Mt.
Loretta a residential street, presented
and read. Councilman Wharton mov-
ed that the petition be received and
filed. Seconded by Councilman Schuel-
ler. Carried liy the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton, Nays-None.
Petition of Louis Heine et al request=
ing that the alley between Auburn
Street and Atlantic Street from West
14th Street to Fillmore Street be im-
proved by Constructing concrete pav-
ing thereon, presented and read, Coun-
cilman Wharton moved that a plat and
schedule be prepared showing the cost
of said improvement against the abut-
ting property owners, Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor
Thompson,, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of Andrew J. Richard et al
requesting that Davenport Street be-
tween Stoltz Street and National
5freet and National Street between
Davenport Street and Muscatine Street
be brought to proper grade, presented
and read. Councilman Murphy moved
that the petition be referred to the
Council to view the grounds. Second-
ed by Councilman Schueller. Carried
by the following vote; Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nay-None.
Petition of Board of Trustees of Car-
neigie-Stout Free Public Library et a(
requesting the vacation of that portion
of the alley lying between Bluff and
Locust Streets and abutting on City
Lots 658A on the one side and City
Lots 658, 659 and 660 on the other
side, presented and read. Councilman
Wharton moved that the petition be
referred to the Planning and Zoning
Commission for their recommendation
and report. Seconded by Councilman
14lurphy. Carried by the folowing vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays--None,
Proof of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which warrants were drawn during the
month of April, 1940, presented and
read. Councilman Van Duelman mov-
ed that the proof of publication be re-
ceived and filed. Seconded by Coun-
cilman Murphy, Carried by the fol-
lowing vote; Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Dubuque, Iowa, May 17, 1940.
To the Honorable Citv Council:
Gentlemen:
The petition of the Parking Commit-
tee of the Chamber of Commerce re-
ferred by you to the Library Board,re-
quesfing the use of the property on
the east side of the building for park-
ing purposes was read before a meet-
ing of the Library Board on last Fri-
day, May 10th. The Library Board
is opposed to the granting of this pe-
tition.
Respectively yours,
F. R. LACY, President,
Board of Trustees,
Carnegie-Stout Free Public Library.
Councilman Murphy moved that the
recommendation of the Board of Trus-
tees of the Carnegie-Stout Free Pnb-
lic Library be approved and the peti-
tion of Parking Committee of the
Chamber of Commerce be denied. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen bfur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None,
June 3, 1940.
To the Honorable Mayor
and City Council,
T?ubuque, Iowa.
Gentlemen:
This is to advise that I have approv-
ed the following Excavation Bonds and
desire to have your approval on same
for filing:
George I. Beaves, 2531 Windsor
Avenue, Band No. 130734, Western
Surety Company,
Regular
F, J. Rellihan, 1715 Central Avenue,
Central Surety & Ins, Corp.
W. J Jordan, 1748 Audubon Street,
Bond No. 16167, Mass. Bonding & Ins.
Co.
Respectfully submitted,
A. A. RHOMB$RG,
City Manager
Councilman Van Duelman moved
that the bonds be approved and placed
on file. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None.
May 29, 1940.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa,
Gentlemen:
I herewith return to you the Peti-
tion of Mrs, Anna Kolf for suspension
of taxes on Lot 1 in A. L. Brown's
Sub, in the City of Dubuque and with
reference thereto report as follows:
Said petition is made in conformity
with the law; that the City Council
of the City of Dubuque should approve
said Petition and notification thereof
should be given to the Board of Super-
visors of Dubuque County, Iowa,
Respectfully yours,
JOHN J. KINTZING$R,
City Solicitor.
Councilman Van Duelman moved
that the report of City Solicitor Kint-
zinger be approved and the petition of
Mrs. Anna Kolf requesting suspension
of the 1939 taxes on Lot 1 in A. L.
Brown Sub, be ordered granted and the
Board of Supervisors to be notified of
the action of the City Council. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar
ton, Nays-None.
May 27, 1940.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
With reference to the petitions of
Joseph F, Correll, Superintendent of
Fire Alarm, and A. J. Strohmeyer,
Asst. Superintendent of Fire Alarm, re-
questing the City Council to direct the
placing of their names upon the rolls
of the Fire Department far pension
purposes, and further requesting my
opinion in regard to ];dward Farrel]
and Harry Haggerty, Ambulance Driv-
ers. I have talked to these different
men, have made an investigation as to
the facts and the law, find that appli-
cations have been made at various
une 3rd, 1940.
123
times heretofore to the City Council,
to the Trustees of the Firemen's Re-
tirement System, that opinions have
been given on this same question by
the former City Solicitors and by the
Attorney General's Office. No change
has been made in the law by the legis-
lature since the rendition of the various
opinions and I am of the opinion that
under the statute as it now is, these
men cannot be placed upon the rolls
of the Fire Department for pension
purposes.
Respectfully yours,
JOHN J. KINTZING):R,
City Solicitor.
Councilman Van Duelman moved
that the opinion of City Solicitor Kint-
zinger be approved and made a matter
of record. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
May 23, 1940.
Honorable Mayor and
Members of the City Council,
City of Dubuque.
Gentlemen:
With reference to the claim of Mrs.
Catherine McCabe filed April 22, 1940,
and referred to me for investigation
and report; said claim for $600.00 for
damages, for doctor's bills, for X-rays,
care and attention, suffering, loss of
wages and damages for a broken hip
received when claimant fell on a side-
walk in front of l;dward's on 7th and
Main Streets on or about February
24, 1940. I have investigated this claim
and am of the' opinion that there is vo
liability on the part of the City of
Dubuque,
I therefore recommend that the claim
be disallowed. I am returning here-
with the original claim filed by Mrs.
Catherine McCabe.
Respectfully yours,
JOHN J. KINTZING$R,
City Solicitor.
Councilman Murphy moved that the
recommendation of City Solicitor Kint-
zinger be approved and the claim or-
dered disallowed. Seconded by Coun-
cilman Schueller, Carried by the fol-
lowing vote; Yeas-Mayor Thompson,
~ Councilmen Murphy, Schueller, Van
i Duelman, Wharton. Nays-None.
Dubuque, Iowa, June 3, 1940.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen;
In accordance with the provisions of
Chapter 289 of the Code of Iowa, 1939,
the Civil Service Commission conduct-
124 Regular Session, June 3rd, 1940.
ed an entrance examination on April
19, 1940, for those seeking positions
on the eligible list for appointment t_
positions on the Fire Department.
The following are those who passed
the mental and physical examinations
with the highest averages. All ap-
pointments for positions on the Fire
Department should be made from this
list far the period ending April, 1941.
Wm. C. Weber ______________92.92%
Wm. J. Lynch ______________91.83%
Charles W. Genszler___________87.ZS%
Cyril J. O'Brien ____________86.95%
Hugh D. Clark _______________86.33%n
Cyril D, Schuckert ___________85.94%
I;Imer L. J. Lynch ____________85.70%
Louis G. Murray ____________84.67%
Ambrose Kueper _____________84.33%
Leroy J. Hantelmann __________83.42%
Respectfully submitted,
JOHN SCHA$TZI,$,
Chairman
C. S. HARK$R,
FRANCIS P. QUINN, M. D.,
Commissioners
J. J. SHEA, Clerk.
Subscribed and sworn to before me
this 3rd day of June, 1940.
G$RAI,DINIi I„ D1:MKI$R,
Notary Public.
Councilman Van Duelman moved
that the report of the Civil Service
Commission be received and made a
matter of record. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Dubuque, Iowa, June 3, 1940
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
In accordance with the provisions of
Chapter 289 of the Code of Iowa, 1939,
the Civil Service Commission conduct-
ed an entrance examination on April
19, 1940, for those seeking positions on
the eligible list for appointment to posi-
tions on the Police Department,
The following are those who passed
the mental and physical examinations
with the highest averages. All appoint-
ments for positions on the Police De-
partment should be made from this
list for the period 'ending April, 1941.
Walter Grace ________________97,58%
John Davis __________________93.29%
W. C. Sprengelmeyer __________93.00%
Merlin Lange ________________89,92%
$ar) J. Sowle ________________87.00%
Ralph D. Carew ______________85.17%
Homer M. Buckley ___________84.67%
Robert L. Golden ____________81.67%
John J. Haley ________________80,67%
Carl F, Hittenmiller __________78.17%
Respectfully submitted,
JOHN SCHATaTZI,$,
Chairman.
C. S, HARK$R,
FRANCIS P. QUINN, M. D.,
Commissioners.
J. J. sHiaA, Clerk.
Subscribed and sworn to. before me
this 3rd day of June, 1940.
GIaRAI,DINI; I,. D$MKI$R,
Notary Public.
Councilman Van Duelman moved
that the report of the Civil Service
Commission be received and made a
matter of record. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Thompson;
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Dubuque, Iowa, Juue 3, 1940.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
I herewith submit a report of the
following Class "B" Permit holder.
An investigation concerning the opera-
tion of this establishment since the
permit was last issued has been made
and is included in this report, together
with my findings regarding the char-
acter and record of this permit holder.
Name: James (Barney) Hall.
Address: 6S9 Central Avenue.
Permit: No. 104 (Carl McDermott),
Issued: August 18, 1939.
History: The above named tavern
operator operates a tavern at 6S9 Cen-
tral Avenue, Dubuque, Iowa, known as
Barneys Tavern. He is at the present
time operating under Permit No. 104
issued to Carl McDermott which was
transferred from 26S Main Street to
the present address of 6S9 Central Ave-
nue, as of the date of March 27, 1940.
Previous to that time this same James
Hall operated at this same address un-
der Permit No. 94 issued to one Art
Norton. Your Honorable body has
been informed in open Council meeting
of the trouble between Mr. Hall and
Mr. Norton, which led up to the trans-
fer of the McDermott permit to 6$9
Central Avenue. Mr. Hall has paid a
consideration to Mr. McDermott for
his, McDermott, Permit No. 104.
On May 30th, 1940, one Max Young,
a carnival worker, was arrested for tak-
ing indecent liberties with a 16-year-old
girl in the rear of the Ball Park on
4th Street $xtension. An inquiry into
this matter revealed that this 16-year-
old girl was either ill or intoxicated
from having drank beer in Barneys
Tavern and also in Barneys she met
Regular Session, June 3rd, 1940. 125
this Max Young and from Barneys
tavern proceeded to the carnival
grounds. This same evening, May
30th, another girl of tender years was
with the girl involved in the carnival
grounds affair. Also it was learned that
four girls 16 and 17 years of age on
various occasions frequented Barneys
Tavern and purchased beer therein and
did so when this tavern operator was
present. Sworn affidavits of these girls
are also included in this report for your
consideration.
On May 31st, 1940, James (Bar-
ney) Hall was arrested and charged
with violating Par. 519-Sec, 31, name-
ly, selling beer t ersonslly deg2leyears
be consumed by p
of age: On June 1, 1940, in the Police
Court of the City of Dubuque, Mr.
Hall pleaded not guilty to the charge,
but was found guilty and fined $100.00
and costs of $3.50. He has, however,
appealed his case, Your attention is
also called to an amendment to the
beer ordinance making it possible to
buy another's business and secure a
permit in one's own name, This amend-
ment was passed, adapted and approved
upon final reading the 13th day of
May, 1940. Mr, Hall has made no ef-
fort to effect the proper change. Your
attention is also called to the probabil-
ity of Mr. Hall's appeal not being heard
iu District Court previous to the ex-
piration date of Permit No, 104 which
expires August 18th, 1940.
Recommendations: Because of the
disorderly conduct of James (Barney)
Hall in operation of his Class "B"
Tavern and of the above cited violation
of law, and because of the previous
trouble with Mr. Norton concerning
this same tavern, and because Mr, Ball
has made no effort to avail himself of
the amendment to the beer ordinance
and secure a permit in his own name,
and also because a renewal for permit
No. 104 will in all probability be made
before this appeal will be acted upon
by the District Court; and in behalf
of better enforcement of the beer laws
and better regulations of same; and in
behalf of the moral health of our youth,
I hereby recommend that the City
Council proceed under the provisions
of Sec. 1921.125, Code of Iowa and
Paragraph 518, Sec. 30, Ordinance 9-35
making it mandatory that license No.
104 issued to Carl McDermott and now
being used by James Hall, (having
paid a consideration therefor) on Aug-
ust 18, 1939, be revoked forthwith, If
it shall appear that your honorable
body cannot proceed under the above
sections of law because of an appeal
having been made which has not been
disposed of you may proceed under
Sec. 1921,129 Code of Iowa or Par. 517-
Sec. 29, Ord. 9-35 City of Dubuque,
Revocational Optional and again I rec-
ommend that for the same cited rea-
sons, this same permit No. 104 be re-
voked forthwith.
Respectfully submitted,
JOS. H. STRUB,
Chief of Police,
City of Dubuque, Iowa.
Councilman Wharton moved that the
recommendation of Chief of Polcie
Police Strub be approved, Seconded
by Councilman Schueller, Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Resolution No. 44.40,
Whereas, This Council on the 18th
day of August, 1939, caused to be is-
sued aClass "B" Beer Permit bearing
the Number 104 to Car] McDermott,
operating a tavern at 26S Main Street
in the City of Dubuque and on March
27, 1940, approved a change of address
of said permit to 659 Central Avenue;
and
Whereas, it has come to the attention
of this Council that the owner and
holder of said permit has conducted
his place of business in a disorderly
manner and otherwise in violation of
law; Now, Therefore,
Be It Resolved , By the City Council
of the City of Dubuque that Class "B"
Beer Permit Number 104, heretofore
issued to Carl McDermott, be and the
same is hereby revoked and the Chief
of Police is directed to take up such
permit forthwith and return the same
for cancellation,
Passed, adopted and approved this
3rd day of June, 1940.
F. W, TH'OMPSON, Mayor.
FRANK VAN DU$I,MAN,
AI,B$RT WHARTON,
B. A. SCHUEI,i{$R,
GI;O, R, MURPHY,
Councilmen.
Attest: J. J. SHI~A, City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Resolution No. 45-40
Be It Resolved By the City Council
of the' City of Dubuque that the fol-
lowing, having complied with the pro-
visions of law relating to the sale of
126
Session, June 3rd, 1940,
cigarettes within the City of Dubuque,
he granted a permit to sell cigarettes
and cigarette papers witFiin said City
and the Manager is directed to issue
such permit on behalf of said City.
Name Address
Ford Hopkins Company, 898 Main St.
Be It Further Resolved, That the
bond filed with the application be ap-
proved.
Passed, adopted and approved this
3rd day of June, 1940.
F. W. TId,OMPSON, 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. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton,
Nays-None,
Resolution No, 46-40
Whereas, applications for Beer Per-
mits have been submitted to this Coun-
cil for approval and the same have been
examined; Notv, Therefore,
Be It Resolved By the Council of the ~'
City of Dubuque that the following
applications be and the same are here-
by approved and it is ordered that the
premises to be occupied by such appli-
cants shall be forthwith inspected.
Class "B" Permit
Name Address
A. R. Uppfnghouse &Philomina Up-
pinghouse, 238-240 West Sixth Street;
Leo Link and Bernice Link, 1487 Cen-
tral Avenue; Raymond Wunder and
Eileen Wunder, 2400 Central Avenue;
Frank Spielman and Geraldine Spiel-
man, 1654 Central Avenue. (Transfer of
address from 1464 Central Avenue).
Class "C" Permit
Ray E. Duttle, 1105 Walnut Street.
Passed, adopted and approved this
3rd day of June, 1940.
F. W. TH'OMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO, R, MURPHY,
Councilmen.
Attest: J. J. SHEA, City Cleric,
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas~Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Resolution No. 47-4@
Whereas, Heretofore applications
were filed by the within named appli-
cants for Beer Permits and they have
received the approval of this Council;
and,
Whereas, The premises to be occu-
pied by them have been inspected and
found to comply with the ordinances.
of this City and they have filed a prop-
er bond; Now, Therefore,
Be It Resolved By the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue
to the following named persons a Beer
Permit.
Class "B" Permit
Name Address
A. R. Uppinghouse &Philomina U'p-
pinghouse, 238-240 West Sixth Street;
Leo Link and Bernice Link, 1487 Cen-
tral Avenue; Raymond Wunder and
Eileen Wunder, 2400 Central Avenue;
Frank Spielman and Geraldine Spiel-
man, 1654 Central Avenue, (Transfer
of address from 1464 Central Avenue).
Class "C" Permit
Ray E, Duttle, 1105 Walnut Street.
Be It Further Resolved That the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
3rd day of June, 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. Seconded
by Councilman Wharton. Carried by
the followfng vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Ordinance No. 9-40. An Ordinance
granting to Louis Rotman, owner, his
heirs and assigns the right to construct
Regular Session, June 3rd, 1940.
and maintain a loading platform in the
rear of and attached to a building lo-
cated on Lot No. 191 (also known as
331 Iowa Street) Dubuque, Iowa, and
prescribing the conditions of such
grant, presented and read. Councilman
Van Duelman moved that the reading
just had be considered the first read-
ing of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be suspended requiring an or-
ordinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried b'y the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schuelet, Van Duelman,
Wharton. Nays=None. The 'ordi-
nance was then read a second time,
Councilman Van Duelman moved that
the reading jitst had be considered the
second reading of the ordinance. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen. Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Ordinance No. 10-40. An Ordinance
regulating ,the use of $icycles within
the City of ~5ubuque, Iowa, providing
for the registration thereof and provid-
ing apenalty for violation hereof, pre-
sented and read. Councilman Van
Duelman moved that the reading iust
had be considered the first reading of
the ordinance. Seconded by Council-
man Wharton. Carried by the follow-
ing vote: Yeas-Mayor Thompson
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None.
Councilman Van Duelman moved that
the rules be spspended requiring an or-
dinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried ,by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None. The ordi-
nance was then read a second 'time.
Councilman Van Duelman moved that
the readiiig just had ~be considered the
second reading of the ordinance. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
There being no further business
Councilman Van Duelman moved to
adjourn, Seconded by Councilman
Wharton. Carried by the following
vote: Yeas=Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel
man, Wharton, Nays-None.
J. J. SHEA,
City Glerk.
127
Approved ______________________1940.
Adopted ________________________1940,
Attes4: ----------------------•-------
City Clerk.
128 Special Session, June 28th, 1940.
City Council
(Official.)
Special Session, June 28th, 1940.
Council met at 8:00 P. M.
Present-Mayor Thompson, Council-
men Murphy, Schueller, Van Duelman,
Wharton, City Manager Rhomberg.
Meeting called by order of Council-
men Van Duelman and Wharton.
Mayor Thompson read the call and
stated that service therof had been duly
made and that this meeting is called
for the purpose of considering applica-
tions for beer and cigarette permits and
acting on any other business as may
properly come before a regular meet-
ing of the City Council.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to da so, to
address the Council, Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Mrs, Maud I,, Simmons, Mrs, Joseph
Haupert, Mrs. F, C, Schub(in, Dr, and
Mrs. Theodore Scharle addressed the
Council submitting verbal complaints
and charging that the gases from the
General Insulating and Manufacturing
Company plant were interfering with
their own health and the health of their
children and that because of the gases
they are unable to sleep and that it is
necessary for them to keep the win-
dows and doors of their homes closed
to keep out the gases and that the
gases are killing flower and vegetable
gardens and other vegetation, Coun-
cilman Murphy moved that the verbal
complaints be referred to the Board
of Health for their consideration at the
meeting of the Board of Health to be
held July 1, 1940, and that all interested
parties be invited to be present and
that in the meantime the 'City Man-
ager be instructed to make an investi-
gation to ascertain if the General In-
sulating and Manufacturing Company
has complied with the recommenda-
tions from the State Board of Health,
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
bVharton. Nays-None,
Petition of Louis A. Heine request-
ing that the Alley between Auburn
Street and Atlantic Street from West
Fourteenth Street to Fillmore Street
be graded and paved as requested in
a former petition in order that he may
proceed ta•ith the building of his resi-
dence, presented and read. Mr. Her-
man Lott addressed the Council stat-
ing that he is desirous of building a
garage on his property and in order to
do so that it will be necessary that the
Alley between Auburn Street and At-
lantic Street from West Fourteenth
Street to Fillmore Street be properly
graded and further requesting that said
alley be paved with concrete as re-
quested in a former petition. Council-
man Wharton rrloved that the petition
of Louis A, Heine and the verbal re-
quest of Herman Lott for the paving
of the Alley between Auburn Street
and Atlantic Street from West Four-
teenth Street to Fillmore Street be re-
ferred to the Council to view the
grounds. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton. Nays-None.
Petition of Louis A. Heine et al re-
questing the paving of the' A]Iey be-
tween Auburn Street and Atlantic
Street from West Fourteenth Street to
Fillmore Street, said petition being
contingent upon making an arrange-
ment whereby they could underwrite
the cost of the necessary materials, the
City to furnish equipment and super-
vision and the labor to be furnished by
W. P. A, or relief agencies, presented
and read. Council Wharton moved
that the petition be referred to the
Council to view the grounds. Second-
ed by Councilman Van Duelman. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Petition of Wm. B. Fleege and F, P.
Fuhrmann opposing the paving of the
Alley between Auburn Street and At-
lantic Street from West Fourteenth
Street to Fillmore Street, presented and
read. Messrs. Fleege and Fuhrmann
addressed the Council objecting to the
paving of the Alley between Auburn
Street and Atlantic Street from Nest
Fourteenth Street to Fillmore Street
and stating that cost of the proposed
paving as shown on the proposed
schedule of assessment to be levied
against their lots is excessive and also
that the paving of said alley is not
necessary at this time. Councilman
Wharton moved that the petition be
referred to the Council to view the
grounds. Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton, Nays-None.
Special Session, June 28th, 1940.
Petition of Marjorie J. Thomas et al
.requesting the construction of a sani-
tary sewer running generally on Coates
Avenue near Fremont Avenue to the
corner of Concord Street, thence on
Concord Street one block to Marion
Street to connect with a wet well of
the existing sewer, presented and read.
Mr, $, Marshall Thomas addressed the
Council requesting that their petition
be granted and that the construction
of said sewer be started as soon as pos-
sible as there are a number of new
homes under construction and will be
ready for occupancy in the early fall.
Councilman Wharton moved that the
City Manager be instructed to prepare
a plat and schedule showing the cost
to be assessed against the various par-
cels of real estate subject to assesment
far the construction of said sanitary
sewer. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton, Nays-None,
Petition of University of Dubuque
et al requesting the construction of a
sanitary sewer on the Westerly side
of Fremont Avenue front Coates Strect
to Simpson Street, presented and read.
Mr. John Rider Wallis addressed the
Council requesting that their petition
be granted and that the sewer be con-
structed as soon as possible as new
homes are being constructed and wilt
be ready for occupancy in the near fu-
ture. Councilman Wharton moved that
the City Manager be instructed to pre-
pare aplat and schedule showing the
cost to be assessed against the various
parcels of real estate subject to assess-
ment for the construction of said sani-
tary sewer, Seconded by Councilman
Van Duelman. Carried by the follow-
ing vote: Yeas-Mayor Thompson,
Councilmen Murphy, Schueller, Van
Duelman, Wharton. Nays-None,
Communication of the General In-
sulating and Manufacturing Company
stating that they have been advised
that steps are being taken against the
General Insulating and Manufacturing
Company due to alleged conditions itt
the locality of said plant and present-
ing astatement for Council inspection
as to the value of. said company to the
City of Dubuque, presented and read.
Councilman Wharton moved that the
communication be received and filed.
Seconded by Councilman Van Duel-
man. Carried by the following vote:
Yeas-Mayor Thompson, Councilmen
Murphy, Schueller, Van Duelman,
Wharton. Nays-None.
Notice of Claim of Mrs. Catherine
Bakey in an unstated amount for in-
juries sustained in a fall on a defective
sidewalk at 736 Julien Avenue, pre-
129
sented and read. Councilman Van
Duelman moved that the Notice of
Claim lie referred to the City Solicitor
for investigation and report, Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton:
Nays-None.
Original Notice of Suit of Nora Kane,
Plaintiff, vs. City of Dubuque, Defen-
dant, in the amount of $3,000.00 for in-
juries sustained in a fall on a defective
sidewalk on the Westerly side of Blum
Street at or near the Northwest cor-
ner of Fifth and Bluff Streets, present-
ed and read, Councilman Van Duel-
man moved that the Original Notice
of Suit be referred to the City Solicitor
far investigation and report. Seconded
by Councilman Schueller, Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van. Duelman, Wharton,
Nays-None.
Notice of Appeal of Home Owners'
Loan Corporation, Plaintiff, vs. Board
of Review, Defendants, from the action
taken by the Board of Review on their
request for a reduction in the assessed
valuation placed on the Northerly 113
feet 7 inches of City I,ot 664, presented
and read. Councilman Van Duelman
moved that the Notice of Appeal be re-
ferred to the City Solicitor. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton
Nays-None,
Petition of St. John the Baptist
Church, Peosta, Iowa, requesting per-
mission to stretch a banner across Main
Street, near 8th Street, presented and
read, Councilman Murphy moved that
the request be granted. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Petition of the Iowa Children's Home
Society, Des Moines, Iowa, requesting
permission for the holding of a tag day
on August 10th, 1940, presented and
read. Councilman Murphy moved that
the request be granted. Seconded by
Councilman Van Duelman. Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of James A. Conlon request-
ing arefund of penalties and excess
interest charges paid on redemption of
tax sale certificate against hots 47, 48,
49 and SO of Quigley's Subdivision, pre-
sented and read. Councilman Van
'' I
. ,.
~;
I '~,
130 Special Session, June 28th, 1940. Special Sdssiony June 2$th, 1940. 13l
Duelman moved that the petition be
referred to the City Manager and City
Treasurer for investigation and report,
Seconded by Councilman Wharton.
Carried by the following votes: Yeas-
'Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Petition of the Jacobson Iron and
Metal Company requesting permission
to construct, maintain and operate an
industry track over and along the Al-
ley between Elm and Pine Streets and
11th and 12th Streets, presented and
read. Councilman Murphy moved that
the petition be 'referred to the City
Council to view the grounds. Second-
ed by Councilman Schueller. Carried
by tl:e following vote; Yeas-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None.
Petition of Dr. Pepper Bottling Com-
pany requesting that the present city
ordinance be amended to such an ex•
tent that a snore reasonable fee shall
be exacted for the use of their portable
vending machines, presented 'and read.
Councilman Murphy moved that the
petition be received and 'filed. Second-
ed by Councilman Schueller. Carried
by the folowing Yo'te, Years-Mayor
Thompson, Councilmen Murphy ,
Schueller, Van Duelman, Wharton.
Nays-None,
Petltion of John W. Gotto et al re-
questing that Stoltz Street be repaired
and given a coating of oil, presented
and read. Councilman Wharton mov-
ed that the petition be referred to the
City Council to view the grounds, Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None,
is useless as a street, the same being a
strip of land which is 70 feet wide and
runs 280 feet East of Lafayette Street
to connect with Saunders' Avenue, pre-
sented and read, Councilman Whar-
'to'n moved tha-t the request be granted
and the property ordered conveyed to
Ivlr. Arnold Stegar -upon 'the payment
of a fair price for the said vacated
property and also for the cost of pub-
lication, etc., 'involved in changing the
City Ordinance and that the City Soli-
citor be instructed to prepare the prop-
er proceedings. Seconded by Council-
man Van Duelman. Carried by the
following vote: Yeas-Mayor Thom~r
`son, Cbumeilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
June 14, 1940.
To the Honw•able Mayor and
City Council, Dubuque, Iowa,
Gentlemen:
The Planning and Zoning Commis-
sion wishes to recommend to your hon-
orable body the granting of petition of
Mr, N. J. $intgen requesting vacation
of part of Fairmont Avenue between
Lafayette Street and Saunders Avenue.
The suggestion is made that Mr.
Hintgen 'should pay a fait price for the
property vacated, and also defray cost
of publication, etc„ involved in chang~
fug the City Ordnance,
Respectfully sdb'mitted,
R. V. McKAY, Sec'y,
Planning and Zoning Commission,
Councilman Murphy moved that the
recommendation of the Planning and
Zoning Commission be received and
made a matter of record. Seconded
by 'Councilman Seltueller, Carried by
the following vote: Yeas---Mayor
Thompson, Councilmen M u r p h y
Schueller, Van Duelman, Wharton.
Nays-None.
Communication of the $oard of Dock
Cotnmissioners certifying the amount
of $18,957.00 as the amount needed for
the Department of Public Docks for
the fiscal year beginning April 1, 1941,
and ending March 31, 1942, presented
and read. Councilman Murphy mov-
ed that the communication be referred
to the City Council for consideration
at the time the tax levies are being con-
sidered foi• the ensuing fiscal year.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Sehuellet, Van Duelman, Whar-
ton. Nays-None,
Communication of the Playground
and Recreation Commission certifying
the amount of $16,29$.00 as the amount-
needed for the department of Play-
gtbund and Recreation for the fiscal
year beginning April 1, 1941, and end•
iug March 31, 1942, presented and read.
Councilman Murphy moved that the
communication be referred to the City
Council for consideration at the time
the tax levies are being considered for
the ensuing fiscal year. Seconded by
Councilman Van Duelman, Carried
by the following vote: Yeas-Mayor
Tllompsou, Councilmen Murphy ,
Schueller, Vau Duelman, Wharton.
Nays-None.
Communication of the Dubuque Park
Board certifying the amount of $23,-
446.10 as the amount needed for Park
purposes for the fiscal year beginning
April 1, 1941, and ending March 31,
1942, presented and read. Councilman
Murphy moved that the communica-
tion be referred to the City Council
for consideration at the time the tax
levies are being considered for the en-
suing fiscal year. Seconded by Coun-
cilman Van )5uelman. Carried by the
following vote: Yeas-Ivfayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Communication of the Board of Trus-
tees of the Public Library certifying ~
the amount of $33,231.00 as the amount
needed for Library purposes foe the
fiscal year beginning April 1, 1941, and
ending March 31, 1942, presented and
read. Councilman Murphy moved that
the communication be'referred to the
City Council for consideration at the
time the tax levies are being consid-
ered for the ensuing fiscal year, Sec-
onded by Councilman Schueller, Car-
ried by the following vote: Yeas -
hfayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
Communication of the Board of Trus-
tees of the Dubuque Fire Pension and
Retirement System certifying the
amount of $22,828.00 as the amount
needed for the Fire Pension and Re-
tirement System for the fiscal year be-
ginning April 1, 1941, and ending
:March 31, 1942, presented and read.
Councilman Murphy moved that the
communication be referred to the City
Council for consideration at the time
the tax levies are being considered for
the ensuing fiscal year. Seconded by
Councilman 5rhueller. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Communication of the Board of Trus-
tees of the Dubuque Police Pension
and Retirement System certifying the
amount of $15,148.00 as the amount
needed for the Police Pension and Re-
tirement System for the fiscal year be-
ginning April 1, 1941, and ending March
31, 1942, presented and read, Council-
man Murphy moved that the commun-
ication be referred to the City Coun-
cil for consideration at the time the
tax levies are being considered for the
ensuing fiscal year. Seconded by
Councilman Schueller, Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None,
Communication of the Iowa State
Highway Commission submitting con-
tract covering maintenance operations
in the City ,of Dubuque on extension
of Primary Roads, presented and read,
City Manager Rhomberg recommend-
ing that the Council accept said con-
tract. Councilman Van Duelman mov-
ed that the recommendation of City
Manager Rhomberg be approved and
that the Mayor be authorized to exe-
cute said contract on behalf of the City
of Dubuque, Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Ivfurphy, Schueller, Van Duel-
man, Wharton. Nays-None.
CONTRACT
Primary Road Extension Maintenance
This written duplicate memoranda of
agreement made and entered into by
and between the City of Dubuque,
Iowa, Party of the First Part, and the
Iowa State Highway Commission,
!\mes, Iowa, Party of the Second Part.
Witnesseth:
In consideration of the performance
by the' Party of the First Part, of
maintenance work specified below dur-
ing the period July 1st, 1940, to June
30, 1941, Second Party agrees to pay
First Party the amounts. stipulated
herein.
]'arty of the First Part agrees to per-
form for the Party of the Second Part,
all routine maintenance operations in
the City of Dubuque on extension of
primary roads specifically described as
follbws: All extensions of Primary
Roads in the City of Dubuque except
West 0.65 miles of U. S. No, 20 and
the South 0.49 miles of U. S. No, 61.
Total Miles 8.35 at $300.00 per mile
Total Routine Maintenance $2SOS.00.
It is understood that "routine Main-
tenance operations" shall include sur-
face maintenance, road bed repairs, re-
pairs to bridges, culverts and guard
rail, weed cutting, snow plowing, and
other maintenance usually performed
on primary roads outside of cities and
towns. Routine maintenance of paved
streets shall extend from curb to curb.
Snow plowing included in routine main-
tenance will apply to .a width of ap-
proximately 30 feet. The hauling and
disposal of fhe snow plowed from the
30 foot section is not included in this
contract.
Petition of R. F. Conlon Sons Con-
struction Company submitting for
Council approval two plats of a pro•
posed Subdivision to be known as "Con-
lon Court" and located on Dodge
Street between Grandview Avenue and
Algona Street, presented and read.
Councilman Wharton moved that the
petition and plats be referred to the
Planning and Zoning Commission for
their recommendation and report. Sec-
onded by Councilman Van Duelman.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, What•
ton. Nays-None,
Petition of Arnold Stegar requesting
that the part of Fairmont Avenue
which runs between Levi Terrace and
Saunders Avenue be vacated to him
as the same is a steep rocky hil( and
132 Special Session, June 28th, 1940. Special Session, June 28th, 1940. 133
Party of the First Part further agrees
to perform special maintenance work
for the party of the Second Part on
the above designated extensions. This
special maintenance work is specifically
described as follows: The patching
necessary to prepare for a seal coat on
Dodge Street between Bryant Street
and Locust Street is included in the
above routine maintenance. Second
Party agrees to apply a seal coat on
Dodge Street between Bryant Street
and Locust Street or approximately
17,500 square yards, Party of the First
Part agrees to have streets patched
and ready for seal coah by August 1st,
1940, and to cooperate in handling traf-
fic, while seal coat is being applied.
Total Special Maintenance $
Total Contract Amount $
In Witness Whereof, The parties
hereto have set their hands, for the
purposes herein expressed on this______
day of ____________________, 1940,
City of Dubuque
BY ---------------- First Party
Iowa State Highway Commission
Councilman Schueller moved that the
recommendation of the Planning and
Zoning Commission be referred to the
Council to view the grounds. Second-
ed by Councilman Murphy. Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
June 14, 1940.
Ta the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Referring to attached petition of Mr.
Henry Mueller, ZZ00 Windsor Avenue,
asking reclassification of property plat-
ted as Lot 1 of Lot 3 of Mineral Lot
367 in the City of Dubuque from Two
Family to Multiple Residence classifi-
cation the Planning and Zoning Com-
mission recommends to your honor-
able body the granting of this petition.
The property for which rezoning is
requested constitutes the entire block,
and the petitioner has the signatures
of all other abutting property owners
whose interests might be affected.
It is' also recommended that Mr.
Mueller be asked to pay the costs of
publication, etc,
Respectfully submitted,
R. V. McKAY, Secy.
Planning and Zoning Commission.
Councilman Murphy moved that the
recommendation of the Planning and
Zoning Commission be received and
made a matter of record and the City
Solicitor to be instructed to prepare
the proper proceedings. Seconded by
Councilman Van Duelman. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
June 14, 1940.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.____
Gentlemen:
Tlie attached petition of John J. Lof-
tus requesting approval of South
Grandview Park Addition referred to
the Planning and Zoning Commission
by City Council on May 14, 1940, has
received the attention of said commis-
sion.
The Planning and Zoning Commis-
sion wished to recommend to the City
Council that the petition be granted
the South Grandview Park Addition
be approved and plat accepted.
Respectfully submitted,
R. V. McKAY, Secy.
Planning and Zoning Commission.
Councilman Murphy moved that the
recommendation of the Planning and
Zoning Commission be approved and
made a matter of record, Seconded
by Councilman Van Duelman, Carried
by the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton,
Nays-None,
Resolution No. 48.40
Whereas, A plat of the Subdivision
of Lot 1 of I,at 1 of Lot 1 of Lot 2
of Lot 4 of Mineral Lot 22, in the City
of Dubuque, Iowa, to be hereafter
known as "South Grandview Park Ad-
dition,'' City of Dubuque, Iowa, has
been submitted to the City Council of
the City of Dubuque, Iowa, for approv-
al, and
Whereas, Said plat has been approv-
ed by the Planning and oning Com-
mision of said City; and
Whereas, Said plat has been examin-
ed by this Council and found to con-
form to all requirements regarding the
subdivision of lands and in all respects
it is deemed advisable to approve the
said plat.
Dubuque, Iowa, June 24th, 1940.
To the Honorable Mayor
and City Council of the
City of Dubuque, Iowa.
Gentlemen:
The Local Board of Review appoint-
ed by your honorable body to equalize
the taxes for the year 1940 beg to ad-
vise that it has completed its work
after .having been in session from the
first Monday in May, 1940.. We have
had a number of complaints and have
made personal investigation in each in-
stance. Hereto attached you will find
all assessments equalized by the Board.
There being nothing further to do
the Board has taken final adjournment.
Respectfully submitted,
1:, G, FORWARD, Chairman.
J. H. W$IM$R,
J. M. CONLI;Y,
Members, Board of Review.
Attest; J. J. SH$A,
Clerk, Board of Review.
Councilman Van Duelman moved
that the report of the Board of Re-
view be received and placed on file
and that warrants in the amount of
$200.00 each be ordered drawn in favor
of $. G. Forward, Jos. M. Conley and
John H. Weimer for services rendered
as members of. the Board of Review.
Seconded by Councilman Wharton.
Carried by the following vote; Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
BY ------------------------------
Second Party.
Recommended for Approval
-------------------------------- 1940.
--------------------------------
langineers.
June 14, 1940.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
With reference to attached petition
of the Carnegie-Stout Free Library
Trustees asking vacation of that part
of the alley running from Tenth to
$leventh Streets between and parallel
to Bluff and Locust Streets which
abutts the library property, the Plan-
ning and Zoning Commission recom-
mends to your honorable body that the
petition be granted, reserving to the
city, however, the present rtghts of
easement as to sewer and water.
Respectfully submitted,
R. V. McKAY, Secy.
Planning and Zoning Commission.
Therefore, Be It Resolved By the
City Council of the City of Dubuque,
Iowa, that the attached plat of "South
Grandview Park Addition," City of Du-
buque, Iowa, be and the same is here-
by approved.
Be It Further Resolved That a copy
of this resolution be certified to by the
Mayor and Clerk and affixed to said
plat,
Passed, adopted and approved this
28th day of June, 1940.
F. W. THOMPSON, Mayor.
FRANK VAN DUI:LMAN,
ALBI•RT WHARTON,
B, A. SCHUI:LL1aR,
G1aO. R. MURPHY,
Councilmen,
Attest: J, J. SH$A, City Clerk,
Councilman Van Duelman moved the
adoption'of the resolution. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Council Proceedings for the months
of March, 1940, and April, 1940, pre-
sented for approval, Councilman Van
Duelman moved that the Council Pro-
ceedings for the months of March,
1940, and April, 1940, be approved as
printed. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton, Nays-None.
June 13, 1940.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit the reports of the
City Auditor, City Treasurer, City
Health Department and the City Wa-
ter Department for the month of May,
1940, also a list of claims and list of
payrolls for which warrants were
drawn during the month of May, 1940.
Respectfully submitted,
A. A. RHOMBIaRG,
City Manager.
134 Special Session, June 28th, 1940.
Councilman Murphy moved that the
reports be received and placed on file.
Seconded by Councilman Schueller,
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
June 25, 1940..
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is to advise that I have approv-
ed the following bonds and desire to
have your approval on same for filing:
Personal
Allen C. Kane, Clerk on the City
Water Department, Bond No. 622, Mu-
tual Surety Co: of Iowa; John J. Kint-
ziuger, City Solicitor, Thomas F.
Flynn et al.
Excavation
George F. Pinski, 48S Eight Avenue,
Fidelity & Casualty Co. of N. Y.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Murphy moved that the
bonds be approved and placed on file.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, 1Vhar-
ton. Nays-None.
June 28th, 1940.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The matter of response of the City
of Dubuque Fire Department to fires
outside the corporate limits having
been brought to the attention of the
Council on a number of occasions, au
effort has been made to secure data to
aid the Council in studying the situa-
tion.
Attached hereto are copies of letters
received from the Assistant Chief En-
Ritteer of the National Board of Fire
Underwriters, the Iowa Insurance
Service Bureau, Fire Chief Wm. L.
Ryan together with the Bulletin of the
National Board of Fire Underwriters
pertinent to the subject, Extra copies
of the bulletin on "Response of fire
departments to fires outside the cor-
porate limits" are available for the
council members.
A study of the data submitted indi-
cates that the extension of fire pro-
tection outside the corporate limits will
have a serious effect upon the deficien-
Cies Charged against the city's fire de-
fenses on the basis of the National
Board's Grading Schedule and a cor-
responding influence upon the fire in-
surance rates which ^re based upon
that classification. The question then
resolves itself to this: "Are the citi-
zens of Dubuque willing to ^^~~ more
either in increased insurance premiums
or increased taxes to provide fire pro-
tection outside the corporate limits"
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Wharton moved that the
communication of City Manager Rhom-
berg be referred to the Council for
their consideration at the meeting of
July 1, 1940. Seconded by Councilman
Murphy, Carried by the following
vote: Yeas-Mayor Thompson, Co»n-
cilmen Ivlurphy, Schueller, Van Duel-
man, Wharton. Nays-None.
June 1S, 1940.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
lsentlemen:
At the meeting of the City Council
held June 3rd, .1940, the petition of
I,eo J. Miller asking for a refund of in-
terest and penalties in the amount of
$27.00 paid on assessments levied
against Lot 48 and the Westerly 10
feet of Lot 47 of Union Addition was
referred to the City Manager and City
'treasurer for investigation and report.
1Ve have searched the records and
find that the above described property
was assessed $235.28 in the name of
Ann Enright for the paving of Cleve-
land Avenue on November 13, 1924.
On March 23, 1925, the City Council
reduced the assessment to $200.00 Be-
cause Mrs. Enright was the widow of
a Civil War Veteran and a warrant of
$35.28 was drawn on the General Fund
of the city to pay the difference. The
1928, 1929 and 1930 installments to-
talling $78.77 were also paid -by the
city. Mrs. Enright, deceased, was for
a cumber of years a resident of St.
Anthony's Home and after her death
the St. Joseph's Mercy Hospital Cor-
poration acquired the property in par-
tial payment of the bill for care at the
home. To effect the recent sale of the
property to Leo J, and Celia Miller the
remaining delinquent taxes and assess-
ments were paid.
Our search indicates that the City of
Dubuque has absorbed a loss of almost
otic-half in the collection of the assess-
ments against the property in question.
We, therefore, recommend that no re-
fund be granted for special assess-
ments paid on Lot 48 and the westerly
10 feet of Lot 47 of Union Addition
and that the petition be received and
filed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
OTTO F. PULS,
City Treasurer
Councilman Van Duelman moved that
the recantmendation of City Manager
Rhomberg and City Treasurer Puls be
approved. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton, Nays-None.
June ]Z, 1940.
Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
gentlemen:
With reference to the claim of Mrs.
Catherine Avenarius vs, the City of
Dubuque, an action now pending in
the District Court of Dubuque County,
Iown, wherein Mrs. Avenarius prays
for damages in the sum of $5000.00 be-
cause of injuries sustained by her on
or about August 21, 1939, whsle she
was walking along the sidewalk on the
westerly side of Windsor Avenue in
front of a building located on the
northwest corner of Windsor Avenue
attd .Regent Street at which time she
tripped and fell because of a raised
portion of a block of cement on said
street. She claims that because of said
fall upon the cement sidewalk she frac-
tured bones of her right arm between
the wrist and elbow, bruised her body
and limbs and received a severe shock
to her spine and nervous system, suf-
fered great pain of body and anguish
of mind, was required to have rhedical
treatment, care and nursing; she fur-
ther claims that her right hand, wrist
and arm have been totally and perman-
ently injured and she will permanently
be unable to have the normal use
thereof or perform any work or labor
therewith; that I have investigated
this claim, have discussed the matter
with her attorneys and after some ne-
gotiations they have agreed to settle
if the City will pay to her $400.00 and
the Court costs in the actton in the
amount of $8.9$. I respectfully recom-
mend that the claim be allowed in the
sum of $400.00 and that the City pay
the Court costs to the amount of $8.95
and that warrants be issued payable
to Catherine Avenarius in the sum of
$400.00 and to the Clerk of the District
Court in the sum of $8.95, and that
the same be delivered upon the exe-
cution and delivery to the City of Du-
buque a proper release executed by
plaintiff.
Respectfully submitted,
JOHN j. KINTINGER,
City Solicitor.
June 28th, 1940.
135
Councilman Van Duelman moved
that the recommendation of City Solici-
tor Kintzinger be approved and that
the City Auditor be instructed to draw
a warrant in the amount of $400.00 in
favor of Mrs. Catherine Avenarius, and
also to draw a warrant in the amount
of $8.95 in favor of the Clerk of the
District Court to covet the amount of
court costs, as settlement its full of the
claim of Mrs, Catherlrie Avenarius, said
warrants to be delivered upon the exe-
cution and delivery of a proper release.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy,. SChuehet, Van Duelman, Whar-
ton.. Nays-None.
Ordinance No. 9-40. An Ordinance
granting to Louis Rotman, owner, his
heirs and assigns the right to con-
struct and maintain a loading platform
in the rear of and attached to a build-
inglocated on Lot No. 191 (also known
as 331 Iowa Street) Dubuque, Iowa,
and prescribing the conditions of such
grant, said ordinance having been pass-
ed upon first and second readings on
Juste 3rd, 1940, presented and read a
third time.
ORDINANCE N0.4-40
An Ordinance granting to Louis Itot-
man, owner, his heirs and assigns the
right to construct and maintain a load-
ing platform in the rear of and attach-
ed to a building located on Lot No. 191
(also known as 331 Iowa Street), Du-
buque, Iowa, and prescribing the con-
ditions of such grant:
Be It Ordained by the City Council
of the City of Dubuque:
Section 1, That Louis Rotman, own-
er, his heirs ahd assigns, be and they
are hereby granted the right and au-
thority to construct and maintain a
loading platform in the rear of and' at-
tached to a building located on Lot
No. 191 (also known as 331 Iowa
Street) in the Clty of Dubuque, Iowa,
said loading platform to extend into
the alley about 4 feet and to continue
for about 20 feet long adjoining said
building and to be about 3/ to 4 feet
high, said platform to be built of lute-
beg and attached to said building, all
to be done under the supervision of
the Building Commissioner of the City
of Dubuque.
Section 2'. It is understood and pro-
vided that such grant, right and li-
cense is hereby given, subject to the
oayment and assumption by said Louis
Rotman, owner, of the cost of publica-
tion of this ordinance and subject to
the Continuous Control of the City
136 Special Session, June 28th, 1940.
Council of the City of Dubuque, re-
serving the right to impose restrictions
or conditions upon the enjoyment
thereof as may reasonably be necessary
for the protection of the public inter-
ests, including the right to revoke and
rescind such permission if at any time
the public interest should require such
revocation. If, and when such grant,
right and license is revoked by the City
Council, Louis Rotman, his heirs or as-
signs shall remove such loading plat-
form at his or their own expense and
restore such part of the alley as has
been occupied thereby to the same con-
dition as it was in, prior to the con-
struction of such loading platform, It
is further understood and provided that
should any damages be sustained by
reason of said loading platform in the
alley and claim is made against the City
of Dubuque therefor, that said Louis
Rotman, at his own expense, agrees to
defend any claims or actions so filed
or brought, and should the City of Du-
buque pay for any such claim or judg-
ment, that Louis Rotman agrees to re-
imburse the said City for any such
amount.
Section 3. This ordinance shall be
in force and effect ten (10) days from
and after it final passage, adoption and
approval by the City Council, and pub-
lication as provided by law, and the
rights hereunder shall. accrue to said
Louis Rotman, his heirs and assigns,
when the provisions hereof shall have
been accepted by him.
That the cost of publication of this
ordinance enacted for the benefit of
Louis Rotman shall be borne by him.
Passed upon first and second read-
ings this 3rd day of June, 1940.
Passed, adopted and approved upon
final reading this 28th day of June,
1940.
F. W. THOMPSON, Mayor.
FRANK VAN DUEI,MAN,
ALBERT WHARTON,
B. A. SCHUEI,I,ER,
GEA. R. MURPHY,
Councilmen,
Attest: J, J. SHEA, City Clerk.
Acceptance of Ordinance by Owner
Louis Rotman, owner of Iaot No, 191
(also known as 331 Iowa Street) in the
City of Dubuque, does hereby accept
the terms, provisions and conditions of
the ordinance adopted by the City
Council of the City of Dubuque, desig-
nated as "Ordinance No. 9-40."
"An Ordinance granting to Louis
Rotman, owner, his heirs and assigns
the right to construct and maintain in
the rear of and attached to a building
located on I,ot No. 191 (also known as
331 Iowa Street) in the City of Du-
buque, Iowa, and prescribing the con-
ditions of such grant, this 29th day of
June, 1940.
LOUIS ROTMAN,
Owner.
Published officially in The Tele-
graph-Herald newspaper, July 2nd,
1940.
J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the ordinance. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Ordinance No, 10-40. An Ordinance
Regulating the Use of Bicycles With-
in the City of Dubuque, Iowa, Pro-
viding for the Registration thereof and
Providing a Penalty for Vioaltion here-
of, said ordinance havnig been passed
upon first and second readings on June
3rd, 1940, presented and read a third
time.
ORDINANCE No. 10-40
An Ordinance Regulating the Use
of Bicvcles Within the City of Du-
buque,-Iowa, Providing for the Regis-
tration thereof and Providing a Pen-
alty for Violation hereof.
BE IT ORDAINED BY THE
CITY COUNCII, OF THE CITY
OF DUBUQUE, IOWA:
Section 1. Every person living with-
in the City of Dubugve, Iowa, who
owns and operates a bicycle within the
limits of the City of Dubuque, Iowa,
shall cause the ownership thereof to be
registered at the office of the Chief of
Police of said city. Upon such regis-
tration the Chief of Police shall issue
to such person a registration tag, plate
or other means of identification which
shall be readable for a distance of at
least seventy-five (75) feet. That said
registration tag shall be kept perman-
ently attached to said bicycle. That the
owner shall pay for said tag or plate
twenty-five cents (2Sc).
Section 2. The Chief of Police shall
keep a record of the number of each
registration, the date issued, the name
of the person who registered and the
number issued to said person.
'Section 3. In the event a registered
bicycle shall be sold or transferred the
registration tag, plate or other means
Special Session, June 28th, 1940. 137
of identification shall pass to the new
owner or transferee and the sale or
the transfer of said bicycle shall be re-
ported to the Chief of Police by the
new owner or transferee with five days
after said sale or transfer together with
the came of new owner or transferee
of said bicycle.
Section 4. In the eveht that an own-
er lose his registration tag, plate or
other means of identification, or the
same should be destroyed or stolen he
shall report the same to the Chief of
Police immediately and the Chier of
Police shall then issue a new registra-
tion tag at the cost of ten cents (lOc)
to such owner,
Section 5. It shall be unlawful for
any person to alter or counterfeit any
registration tag, plate or other means
of identification issued in conformity
with the ordinance.
Section 6. Every bicycle when in
use on the streets of the City at any
time from a half-hour after sunset to
a half-hour before sunrise shall be
equipped with a lamp on the front ex-
hibiting awhite light and with a lamp
on the rear exhibiting a red light visi-
ble from a distance of 300 feet to the
rear; except that a red reflector meet-
ing the requirements of this ordinance
may be used in lieu of a rear light.
Section 7, Every bicycle shall be
equipped with a suitable horn or bell
capable of giving an adequate warning
or signal. The use of sirens on bi-
cycles shall be unlawful
Section 8. It shall be unlawful for
any person to ride or operate a bicycle
upon the sidewalk in the City of Du-
buque.
Section 9. It shall be unlawful for
any person riding a bicycle to follow
lire trucks or other fire equipment at
any time and it shall be unlawful for
any person riding a bicycle to be tow-
ed by any other vehicle operating upon
the streets of said city.
Section 10. No bicycle shall be used
to carry more persons at one time than
-the number for which it is designed
and equipped.
Section 11. Bicyclists riding or trav-
eling upon any street of said city shall
not ride more than two abreast. Said
Bicyclists shall operate their bicycles
on the right hand side of the center of
the street and shall travel as near the
right curb as possible.
Section 12. No person riding upon
any bicycle shall attach the same or
himself to any bus or vehicle upon the
highway.
Section 13. All persons riding bi-
cyc'.es upon any street within said city
shall observe all traffic ordinances,
rules and regulations, especially as to
traffic lights, highway stop signs and
shall signal any change of direction or
course of travel in the same manner
and in the same way as such signals
are required under the law governing
the use of automobiles upon streets and
highways, and shall not turn to the
right or left in traffic except at regular
intersections of streets or alleys.
Section 14. The Police Judge of the
City of Dubuque, Iowa, is hereby au-
thorized to revoke or suspend any reg-
istration issued by virtue of this ordi-
nance to any person after a hearing
for any violation of any of the provi-
sions of this ordinance.
Section 1S. Any person violating any
of the provisions of this ordinance shall
be guilty of a misdemeanor and upon
conviction thereof shall be fined not
exceeding One Hundred Dollars
($100.00) and in default of such fine
and costs shall be be imprisoned for
a period of not exceeding thirty days
in jail,
Section 16. That all ordinances or
parts of ordinances in conflict with the
provisions of this ordinance are hereby
repealed..
Section 17. This ordinance shall be
in force and effect from and after
its final passage, adoption and approval
by the City Council, and publication
as provided by law.
Passed upon first and second read-
ings thfs 3rd day of June, 1940.
Passed, adopted and approved upon
final reading this 28th day of June,
1940.
F. W, THOMPSON, Mayor.
FRANK VAN DUEI,MAN,
ALBERT WHARTON,
B, A. SCHUELI,ER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Published' officially in The Tele-
graph Herald newspaper, July 2nd,
1940.
J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the ordinance, Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, ,Councilmen Murphy,
Schueller, .Van Duelman, Wharton,
Nays-None.
138
Ordinance No. -40. An Ordina-nce to
amend Ordinance No, 22-30 of the City
of Dubuque entitled: "An Ordinance
to regulate all electrical lnstatlation and
service within the corporate limits of
the City of Dubuque and to provide a
penalty for violation thereof,'' present-
ed and read. Councilman Wharton
moved that the ordinance be placed on
file for public inspection for a period
of thirty days. Seconded by Council-
}:ion Van DUelriman. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton, Nays=None.
Ordinance No. -40. An ordinance
for safeguarding persons and property
and promoting the- welfare of the pub-
iic; creating an Electrical Examining
Board and prescribing its duties; pro-
viding for the licensing by the Electri-
cal Board of persons, firms and cor-
prorations undertaking the installation
of electrical equipment and making it
unlawful to undertake the installation
of electrical equipment without a li-
cense, except as otherwise provided;
prodding penalties for the violation of
this ordinance and repealing all ordi-
trances and parts of ordinances in con-
flict with this ordinance, presented and
read. Councilman Wharton moved
that the ordfnance be placed on file for
public inspection for a period of thirty
days. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton, Nays-None.
Resolution No, 49 40
Resolution and application for au-
thority td levy an emergency tax for
the city of Dubuque.
Whereas, The City Council of the
City of Dubuque has made a compila-
tion of the expenses which will be in-
curred during the fiscal year beginning
April 1, 1941, and ending March 3l,
1942, including the payment of princi-
pal and interest upon outstanding in-
debtedness, and tax levies for the var-
ious funds and purposes have been de-
termined; and
Whereas, A serious effort has been
made to keep operating costs as low as
is consistent With good government;
and
Whereas, In the past bonds have
been issued in anticipation of some of
such taxes embraced in the consoli-
dated tart levy and the revenues de-
rived from such taxes are pledged to
the payment of such bonds, as to prin-
cipal and interest; and
Whereas, Payments of $52,000.00 in
principal, and of $13,363.75 in interest
June 28th, 1940,
are to be made during the fiscal year
beginning April 1, 1941, and ending
Bfarch 31, 1942, from the funds em-
braced in the consolidated tax levy;
and
Whereas, The inadequacy of the re-
venue for ordinary purposes remain-
ing after the payment of such principal
avd interest constitutes an emergency
which requires the levy of an emer-
gency tax of one (1) mill to be abso-
lutely necessary;
Now, Therefbre, Be It Resolved By
the City Council of the City of Du-
liuque, that the State Comptroller be
and he is hereby requested to authorize
and approve the levy of an emergency
tax in the year 1940 to be approximate-
ly $33,91400, the same to be used in
supplementing the funds required for
debt service and in the manner provid-
ed by law.
The foregoing resolution was adopt-
ed at a special meeting of the City
Council of the City of Dubuque on the
28th day of June, 1940,
F, W. THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT W1IATtTON,
B. A, SC1iU1;LT.l•R,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolutioh. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Resolution No, 50-40
Whereas Lots 16 and 12 in the Sub-
division of West / of Block One (1)
in Dubuque Harbor Company's Addi-
tion in the City of Dubuque, Dubuque
County, Iowa, were sold on January
2, 1939, to Dubuque County, Iowa, by
the County Treasurer of Dubuque
County, Iowa, for delinquent taxes
and unpaid taxes against the real
estate for the years 1935, 1936 and
1937, and
Whereas The said Dubuque County,
Iowa, acquired title to the above de-
scribed real estate by Tax Deed from
Leo J. Meuset, Treasurer of Dubuque
County, Iowa, on May 1S, 1940, and
Whereas The said Dubugve County,
Iowa, in consideration of the sum of
$2,000 sold and conveyed, the above de-
scribed real estate to Mary G. Schroed-
er under date of May 16, 1940, and
Whereas The sale of said property
by Dubuque County, Iowa, to Mary
G. Schroeder is for a sum less than the
total amount stated in the Tax Sale
Certificate including all indorsements
of subsequent general taxes, interests
and costs, and said sale having been
previously authorized by the Ctiy Coun-
cil, but not by forma] Resolution per-
taining specifically to said property.
Now Therefore, Be It Resolved By
the City 'Council of the City of Du-
buque, Iowa, that the sale of said prop-
erty to Mary G. Schroeder by Du-
buque County, Iowa, for the sum of
$2000.00, in cash, be and the same is
hereby authorized, approved, ratified
and confirmed.
Passed and approved June 28th, 1940.
F, W, THOMPSON, Mayor.
FRANK VAN DUELMAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. M>JRPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution, Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
'Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton.
Navs-None.
Resolution No. 51-40. A resolution
approving application of Leo A.
Schwind Post No, $08 Veterans of
Foreign Wars, Inc., for a Class 'B"
beer permit for Private Club, present-
ed and read. Councilman Van Duel-
man moved that the application be re-
ferred to the City Solicitor for investi-
gation and a report as to, its legality,
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton, Nays-None.
Resolution No. 52-40
Whereas, Applications for Beer Per-
mits have been submitted to this Coun-
cil for approval and the same have been
examined; Now, Therefore,
Be It Resolved By the Council of
the City of Dubuque that the following
applications be and the same are here-
by approved and it is ordered that the
premises to be occupied by such appli-
cants shall be forthwith inspected.
Class "B" Permit
Lloyd Bowman and Frances Bow-
man, 2108 Central Avenues Frank J.
Weber and Tillie Weber, 189 Locust
one 28th, 1940,
139
Street; John Stemm and Alberta
Stemm, 1298 Main Street; Elmer I;p-
pler and Eileen Eppler, 1 Locust
Street; Michael J. Graff and Neda
Graff, 2364 Washington Street; Domin-
ick Gala and Alice Gala, 1563 Central
Avenue; Frank Reuter and Clara Reu-
ter, 2616 Windsor Avenue; The Page
Hotel Co. (Karl J, Page), 73-75 Toast
Fourth Street; R. D. Hughes and R.
D. Hughes, Jr., 1006 Central Avenue;
Mildred Poquette and Lucille Poquette,
923 Main Street; Daniel McDonald and
Loretta McDonald, 216 West First
Street; Raymond J. Stoltz and George
J. Zillig, 234 West Ninth Street; Jo-
seph J. Machinek, 1399 Jackson Street;
Frank H. Berntgen and Dorothy Bernt-
gen, 2186 Central Avenue; Steve
Koleopulos, 493 Main Street; William
Carl Wallig, 1736 Central Avenue;
1lrs. Cecelia Weber and Nick Weber,
998 Central Avenue; H. A. Rawson
and Grace Rrwwson, 342 Main Street,
(Transfer of address from S09 Eighth
Avenue); H. A. Rawson and Grace
Rawson (Renewal), 342 Main Street;
Andrew Schiltz and Lewis J. Schiltz,
1540 Central Avenue; George Kanavas,
1689 Elm Street; Leo Cunningham and
John M. Thompson, 263 West First
Street; Anton Fortman, 2S3 Main
Street; Andrew D. Karigan and Violet
Karigan, 720 Main Street; Frank W.
Childers and Rosella 'Childers, 3203
Jackson Street; Frank McLaughlin and
Anna McLaughlin, 11S East 22nd
Street; Arthur J. Eiseuegger, 1105-7
Iowa Street; Mike Sand and Marie
Saud, 2498 Central Avenue; Nicholas
Steffen and Beatrice Steffen, 1369 Cen-
tral Avenue; Thomas R. Peed and
Kathryn Peed, 236 West Seventh
Street; Albert M. Meyer, 130 Eighth
Avenue; George J. Scherer and Emma
Scherer, 1187 Iowa Street; Hubert J.
Kress and Mary Kress, 1348 Central
Avenue; Charles Pochter and Ruth
Pochter, 342 Eighth Avenue; Robert
J. Quinlan and Evelyn Quinlan, 1091
White Street; Williams E. Wodrich
and Anna Wodrich, 1101 Rhomberg
Avenue; Paul Megonigle and J. B,
Alegonigle, 378 Main Street; Theodgre
F,. Anthony and Lillian B. Anthony,
1179 Iowa Street; John D. Flynn and
Gussie Flynn, 4S0 West Locust Street;
William Savory and Viola Savory, 827
Dodge Street; Albert J. Vogelsberg,
29 Eighth Avenue; John S. Mayerle
and Florence Mayerle, 116 West Sixlh
Street; Harvey L. Spielman, 18S Main
Street; Louis A. Wright and Augusta
Wright, 1828 Central Avenue; Jos, J.
Bertsch and A. J. Berntgen, 304-310
Main Street; Timothy O'Regan and
Louise O'Regan, 1052 Julien Avenue;
Clarence C. Buelow and Adele Buelow,
15SS So. Grandview Avenue; John A.
Stieber and Elsie Stieber, 3165 Cen-
tral Ave; Wm. F. Van der Meulen
and Sophie M. Mclvfann, 2327 Central
140
Session, June 28th, 1940.
Avenue; Fred H. Cooper and P. A.
Lambe, 2S0 West Sixth Street; Nor-
bert W. Brodeur and Catherine Bro-
deur, 1080 Julien Avenue; Carl J. Moes,
and Anthony W., Moes, 698 Central
Avenue; Walter Mengis and Mathilda
Mengis, 1618 Central Avenue; John J.
Grommersch and Frances Grommersch,
SS East Seventh Street; Chris Capretz
and William Lembke, 2S9$ Rhomberg
Avenue; William Cosley and Maggie
Cosley,, 1121 Julien Avenue; Klauer-
Julien Hotel Company, Second and
Main Streets; William Horne and
Mary Horne, 400 Rhomberg tlvenue;
George Berwtck and Florence Berwick,
400 Iowa Street; Frank Sand and Elsie
Sand, 103 East 22nd Street; Nick ~1'a-
their and Marie A, Wathier, 678 Cen-
tral Avenue; Mrs. Wilhelmina Leiser,
1200 Iowa Street; James Donahue and
Persis Donahue, S76 Central Avenue;
Johr. Beerman and Mathilda Beerman,
2776 Jackson Street; Roy Ney, 2991
Central Avenue; Charles T. Snyder and
Elsie Snyder, 543 Eighth Avenue;
Prank Klein and Anna Klein, 600 Cen-
tral Avenue; Al. V. Poire and Mary
Poire, 1638 Central Avenue; Michael
B. Schnee and Sophie Schnee, 37
Eighth Avenue.
Class "B" Permit .For Private Club
Fraternal Order of Orioles bodge No.
11, 16th ~C Central Avenue; Fraternal
Order of Eagles Aerie No. 568, 6th &
Locust Streets; The American Legion,
Dubuque Past No. 6, 498 Main Street;
The Dubuque Club, 9th and Main Sts.;
Benevolent & Protective Order of Elks,
Dubuque Lodge No. 297, 7th and Lo-
cust Streets; The Service Club, 9S1%
Main Street,
Class "C'' Permit
Jos, Amodeo, 2601 Jackson Street;
Alfred Manders, 83 Locust Street; Ar-
thur W. Pins, 408 West Locust Street;
Roshek Bros. Co., 700-798 Locust
Street,
Passed, adopted and approved this
28th day of June, 1940.
F, W, THOMPSON, Mayor.
PRANK 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. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen, Murphy,
Schueller, Van Duelman, Wharton.
Nays-None.
Resolution No. 53-40
Whereas, Heretofore applications
were filed by the within named appli-
cants for Been Permits and they have
received the approval of this Council;
and
VVhereas, the premises to be occupied
by them have been inspected and found
to comply with the ordinances of this
City and they have filed a proper bond;
Now, Therefore,
Be It Resolved By the Council of
the City of Dubuque that the Manager
he and he is hereby directed to issue
to the following named persons a Beer
Permit,
Class "B" Permit
Lloyd Bowman and Frances Bow-
man, 2108 Central Avenue; Frank J.
Weber and Tillie Weber, 189 Locust
Street; John Stemm and Alberta
Stemm, 1298 Main Street; Elmer Ep-
pler and Eileen Eppler, 1 Locust Street;
Michael J. Graff and Neda Graff, 2364
Washington Street; Dominick Gala and
Alice Gala, 1563 Central Avenue;
Frank Reuter and Clara Reuter, 2616
Windsor Avenue; The Page Hotel Co.
(Karl J, Page), 73-75 East Fourth
Street; R, D, Hughes and R. D.
Hughes, Jr., 1006 Central Avenue; Mil-
lard Poquette and Lucille Poquette,
923 Main Street; Daniel McDonald and
Loretta McDonald, 216 West First
Street; Raymond J. Stoltz and George
J. Zillig, 234 West Ninth Street; Jo-
seph J, Machinek, 1399 Jackson Street;
Frank H. Berntgen and Dorothy
Berntgen, 2186 Central Avenue; Steve
Koleopulos, 493 Main; Street, William
Carl Wallig, 1736 Central Avenue;
A4rs. Cecelia Weber and Nick Weber,
998 Central Avenue; H. A. Rawson and
Grace Rawson, 342 Main Street,
(Transfer of address from S09 Eighth
Avenue); H. A. Rawson and Grace
Rawson (Renewal), 342 Main Street;
Andrew Schiltz and Lewis J. Schiltz,
1540 Central Avenue; George Kanavas,
1689 Elm Street; Leo Cunningham and
John M. Thompson, 263 West First
Street; Anton Fortman, 2S3 Main
Street; Andrew D. Karigan and Violet
Karigan, 720 Main Street; Frank W.
Childers .and' Rosella Childers, 3203
Jackson Street; Frank McLaughlin and
Anna McLaughlin, 11S East 22nd
Street; Arthur J. Eisenegger, 1105-7
Iowa Street; Mike Sand and Marie
Saud, 2498 Central Avenue; Nicholas
Steffen and Beatrice Steffen, 1369 Cen-
tral Avenue; Thomas R. Peed and
Kathryn Peed, 236 West Seventh
Street; Albert M, Meyer, 130 Eighth
Avenue; George J. Scherer and Emma
Scherer, 1187 Iowa Street; Hubert J.
Kress and Mary Kress, 1348 Central
Special Session, June 28th, 1940.
Avenue; Charles Pochter and Ruth
Pochter, 342 Eighth Avenue; Robert J.
Quinlan and Evelyn Quinlan, 1091
White Street; William E .Wodrich and
Anna Wodrich, 1101 Rhomberg Ave-
nue; Paul Megonigle and J. B. Megon-
igle, 378 Mam Street; Theodore E•
Anthony and Lillian B. Anthony, 1179
Iowa Street; John D. Flynn and Gus-
sie Flynn, 4S0 West Locust Street;
William Savory and Viola Savory, 827
Dodge Street; Albert J. Vogelsberg,
29 Eighth Avenue; John S. Mayerle
and Florence Mayerle, 116 West Sixth
Street; Harvey L. Spielman, 18S Main
Street; Louis A. Wright and Augusta
Wright, 1828 Central Avenue; Jos J.
Bertsch and A. J. Berntgen, 304-310
Main Street; Timothy O'Regan and
Louise O'Regan, l0S2 Julien Avenue;
Clarence C, Buelow and Adele Buelow,
1555 So. Grandview Avenue; John A.
5tieber and Elsie Stieber, 3165 Central
Avenue; Wm. F. Van der Meulen and
Sophie M. McMann, 2327 Central Ave-
nue; Fred H. Cooper and F. A. Lambe,
250 West Sixth Street; Norbert W.
Brodeur and Catherine Brodeur, 1080
Julien Avenue; Carl J. Moes and An-
thony W. Moes; 698 Central Avenue;
Walter Mengis and Mathilda Mengis,
1618 Central Avenue; John J. Grom-
mersch and Frances Grommersch, 5S
East Seventh Street; Chris Capretz
and William Lembke, 2S9S Rhomberg
Avenue; William Cosley and Maggie
Cosley, 1121 Julien Avenue; Klauer-
Julien Hotel Company, Second and
Main Streets; William Horne and Mary
Horne, 400 Rhomberg Avenue; George
Berwick and Florence Berwtck, 400
Iowa Street; Prank Sand and Elsie
Sand, 103 East 22nd Street; Nick Wa-
thier and Marie A. Wathier, 678 Cen-
tral Avenue; Mrs, Wilhelmina Leiser,
1200 Iowa Street; James Donahue and
Persis Donahue, S76 Central Avenue;
John Beerman and Mathilda Beerman,
2776 Jackson Street; Roy Ney, 2991
Central Avenue; Charles T, Snyder and
Elsie Snyder, S43 Eighth Avenue;
Prank Klein and Anna Klein, 600 Cen-
tral Avenue; Al. V. Poire and Mary
Poire, 1638 Central Avenue; Michael
B. Schnee and Sophie Schnee 37 Eighth
Avenue.
Class "B" Permit For Private Club
Fraternal Order of Orioles Lodge
No. 11, 16th & Central Avenue; Fra-
ternal Order of Eagles Aerie No. 568,
6th & Locust Streets; The American
Legion, Dubuque Post No. 6, 498 Main
Street; The Dubuque Club,-9th & Main
Streets; Benevolent & Protective Or-
der of Elks, Dubuque Lodge No. 297,
7th and Locust Streets; The Service
Club, 951y Main Street.
Class "C" Permit
141
Jos. Amodeo, 2601 Jackson Street;
•Alfred Manders, 83 Locust Street; Ar-
thur W. Pins, 408 West Locust Street;
Roshek Bros. Co., 700-798 Locust
Street.
Be It Further Resolved That the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
28th day of June, 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. Seconded
by Councilman Murphy. Carried by the
following vote: Yeas-Mayor Thomp-
son, Councilmen Murphy, Schueller,
Van Duelman, Wharton. Nays-None.
Resolution No. 54-40
Be It Resolved By the City Council
of the City of llubuque that the fol-
lowing, having complied with the pro-
visions of law relating to the sale of
cigarettes within the City of Dubuque,
be granted a permit to sell cigarettes
and cigarette papers within said City
and the Manager is directed to issue
such permit on behalf of said City,
Walgreen Co., 813 Main Street; Pau]
J. Meyer, S32 East 22nd Street; Dan-
tel McDonald, 216 West 1st Street;
Raymond J. Stoltz and George J. Zil-
lig, 234 West 9th Street; Mrs. M. L.
Harwood, 1875 Jtdien Avenue; Elmer
R, Bradley, 2117 Delhi Street; Carl
Baumgartner and John Baumgartner,
1543 Central Avenue; Joseph J. Ma-
chinek, 1399 Jackson Street; Fraternal
Order of Eagles Aerie No. 568, 6th &
Locust Streets; Joseph J. Weiner, 709
Julien Avenue; George Nordin, 1105
Julien Avenue; Charles Petrakis, 1958
Central Avenue; Millard Poquette, 923
Main Street; The American Legion,
Dubuque Post No. 6, 494 Main Street;
Roshek Bros. Co., 700-798 Locust
Street; Klauer-Julien Hotel Co., Second
& Main Streets; Joseph J. Ott, Jr.,
2003 Washington Street; Dubuque
Lodge No. 3S5 Loyal Order of Moose,
1379 Central Avenue; William C. Leik,
SOl Rhomberg Avenue; M, J. Ludwig,
1S4S So. Grandview Avenue; Peter Pe-
trakis, 1401 Central Avenue; B.P.O.E.
Lodge No. 297, 7th & Locust Streets;
I~
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142 Special Session, June 28th, 1940.
The Dubuque Club, 9th & Main
Streets; Morris Blum, 700 $ast 16th
Street; United Cigar-Whelan Stores
Corporation; 80S Main Street; The
Servtce Club 951% Main Street; H, A,
Rawson, 342 Main Street; Mrs. Cecelia
Weber, 998 Central Avenue; R. D.
Hughes and R. D. Hughes, Jr., 1006
Central Avenue; Merlih Apel, 1205
Cleveland Avenue; John Hochberger,
1701 Asbury Street; Harry N, Gau-
tert, 1301 Rhomberg Avenue; John
Stemm, 1298 Main Street; Frank J.'
Weber, 189 LOenst Street; Hartig
Drug Co., Inc., 756 Main Street; Har-
tig Drug Co., Inc., 97 Locust Street;
Hartig Drug Co., Inc:, 2376 Central
Avenue; F, W. Thompson, 5S Locust
Street; Leo Link, 1487 Central Ave-
nue; Morris B. Flick, S Eighth Ave-
nue; Mae Keller and Ruth Keller Motz,
4th & Central Avenue; I;Imer Eppler,
1 Locust Street; Diamond's Grill, Inc.,
900-910 Main Street; Arthur H. l;ich-
man, 2119 Rhomberg Avenue; Arthur
J, Trapp, 1266 Central Avenue; Joseph
W, Hanten and Virginia l~anten, 2220
Delhi Street; Dominick Gala, 1563 Cem
tral Avenue; F. W: Childers. 3203 Jack-
son Street; Mike Sand, 7.498 Central
Avenue; Jos. J: Bertsch, 304-326 Main
Street; Ford Hopkins Company, 898
Main Street; William M. Hill, 2.026
Central Avenue; Louise M.. Haas, 2510
Central Avenue; E. P. Kretz, 598 Maiu
Street; Geo. Ragatz, Jr., 1906 Central
Avenue; Page Hotel Co. (Karl J.
Page), 73.7$ East Fourth Stteet; The
Great Atlantic & Pacific Tea Co., 13th
Sr Iowa Streets; Thos P. Sullivan, 620
So. Grandview Avenue; Frond and An-
ii,i McLaughlin, 11S East 22nd Street;
Arthur J. Eisenegger, 1105-7 Iowa
Street; Jacob Hedrick, 1236 Iowa
Street; Wm. E. Wodrich, 1101 Rhom-
berg Avenue; Gust Billis, 60$ Main
Street; Eugene McCann, 802 Iowa
Street; The Interstate Co„ Illinois Ceu-
tra] R. R, Depot; Amy Haley, 815
West Fifth Street; Edmund N, klan-
ders, 1001 Rhomberg Avenue; Albert
G. Peryon,2S7 Eighth Avenue; Nicho-
las Steffen, 1369 Central Avenue; A.
J, Ender, 1703 Maple Street; A. J. En-
der, 2311 Windsor Avenue; B. L,
Baumhover, 1040 Julien Avenue;
George Miller, 400 Central Avenue;
George Stavros, 1564 Central Avenue;
B. A. Reugnitz, 629 Rhomberg Ave-
nue; Mrs. F. X. Wille, 2678 Centro]
Avenue; General Sales Co. (Cliff Har-
ker, Mgr.), 9S1 Main Street; Mrs. Em-
ma Zillig, 2222 Central Avenue; Leon-
ard Schuster, 2656 Lincoln Avenue;
Richard Hogan, 1804 Central Avenue;
Ray Nicks and Fred Herber, S21 East
22nd Street; Arthur Pins, 408 West Lo-
cust Street; Charles M. Eichhorn, 1296
Central Avenue; Geo, C. Kruse, 2418
Central Avenue; J. F. Stampfer Co.,
800 Main Street; L. A. Freymann and
Ira L. Smith, 332 Eighth Avenue; Ray
Irwin, 101 Main Street; Milton J.
Kalmes, 1085 Julien Avenue; George
J. Scherer, 1187 Iowa Street; Charles
I'ochter, 342 Eighth Avenue; AL V.
Pou•e, 1638 Central Avenue; Harry
Erode, 1643 Central Avenue; William
II. Pfeffer, 1048 Main Street; Hubert
J, Kress, 1348 Central Avenue; Carl
A. Van Duelman, S90 Seminary Street;
Robert J. and Evelyn J. Quinlan, 1091
1Vhite Street; A, R. Upptnghouse, 238-
40 West Sixth Street; Andrew Kari-
gan, 720 Main Street; Andrew Kari-
gan, 1S West Fourth Street; Paul Me-
gonigle and J B. Megonigle, 37R iVlain
Street; Dell Warren and Ralph ZVat-
ren, 1700 Central Avenue; Theodore
T. Kies, 1362 Central Avenue; Robert
McFarlane. 1798 Central Avenue, Steve
K.oleopulos, 493 Main Street; Roy A.
Wright, 2600 Central Avenue; William
Wagner, 1501 Rhomberg Avenue; Dale
Duncan, ]55 West 11th Street; Charles
Falkenhainer, 1097 Julien Avenue; Clar-
ence C, Buelow, 15SS So, Grandview
Avenue; Edward Duccini, S74 Fast
16th Street; Timothy O'Regan, lOS2
Julien Avenue; Mrs. N. B. Joseph, 120
West First Street; Frank Ries, SS3
Eighth Avenue; Alfred Finch, 1347
Central Avenve; Joseph Schneider, 2900
Ce~ttral Avenue; Norbert W. Brodeur,
1080 Tulien Avenue; Anton Fortmau,
253 Maiu Street; Carl J, Moes and An-
ton Moes, 698 Central Ave,; John J.
Grommersch, SS East Seventh Street;
Harry J. Jacquinot, 1850 Central Ave-
nue; Henry C. Braun, 1415 Rhomberg
Avenue; Hubert M, Fischbach and Mae
Eisbach, 1255 Central Avenue; John
Schaetzle, 2162 Central Avenue; Joseph
J, Siege, Jr,, and Ferdinand W, Ken-
niket, 2401 Windsor Avenve; SrVilliam
Horne, 400 Rhomberg Avenue; Tri-
angle Cafe, 926 Main Street; Bert
Zelens, 401 Main Street; John Beer-
man, 2776 Jackson Street; Fred H.
Cooper and Frank A. Lambe, 2S0 West
Sixth Street; John C. Beck, 1501 Cen-
tral Avenue; James Donahue and Per-
sis Donahue, S76 Central Avenue; Mrs.
Ethel Barrett, 2401 Jackson Street;
Rcbert D. Zehentner, 1944 Central Ave-
nue; Wm. F. Van der Meulen and
Sophie M. McMann, 2327 Central Ave-
nue; Wiliam ]. Clesen, 1097 Jack-
son Street; J. L. Spielman, 601 Rhom-
berg Avenue; Kermit Meyers and
Thomas Lilly, 714 Main Street; Wm.
T. Potterveld and P'. C. Potterveld,
1687 Delhi Street; Charles T. Snyder,
S43 Eighth Avenue; Ann Haley and
Mrs. Agnes Grady, 623 Main Street;
Vincent Hogan, 231 West Second
Street; M. B. Olahsky, 630 Locust
Street; Mrs. Elsie Recker, 127 West
Sixth Street.
Be It Further Resolved That the
bonds filed with the application be ap-
proved.
Special Session, June 28th, 1940. 143
Passed, adopted and approved this
28th day of June, 1940.
F. W, THOMP50N, Mayor.
FRANK VAN DiJEI,1IAN,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R, MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Van Duelman moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor
Thompson, Councilmen Murphy,
Schueller, Van Duelman, Wharton,
Nays-None,
City Solicitor Kintzinger submitted
verbal report that he has examined the
application of the Leo A. Schwind Post
No, 508 Veterans of Foreign Vl'ars,
Inc., for a Class "B" beer permit for
Private Club and finds the application
legal as to form.
Resolution No. 51.40
Whereas, Application for Class "B''
Beer Permit has been submitted to this
Council for approval and the same has
been examined; Now, Therefore,
Be It Resolved By the Council of
the City of Dubuque that the following
application be and the same is hereby
approved and it is ordered that the
premises to be occupied by such appli-
cant shall be forthwith inspected,
Class "B" Permit For Private Club
Leo A. Schwind Post No. 508 Vet-
erans of Foreign Wars, Inc., 243 Nest
loth Street.
Passed, adopted and approved this
28th day of June, 1940.
F. W. THOMPSON. Mayor,
FRANK VAN DUELMAN,
B, A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J, J. SHEA, City Clerk.
Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Van Duelman. Car-
ried by the following vote: Yeas--
Mayor Thompson, Councilmen Mur-
phy, Schueller, Van Duelman. Nays-
Councilman Wharton.
Councilman Van Duelman moved
that the City Manager be instructed
to notify the Chicago, Milwaukee, 5±.
Paul and Pacific Railroad Company
and the Chicago, Great Western Rail-
road Company to repair the railroad
crossings on Thirteenth Street, Four-
teenth Street, Fifteenth Street, Six-
teenth Street and Seventeenth Street.
Seconded by Councilman Murphy, Car-
ried by the following vote: Yeas--
Ma}~or Thompson, Councilmen Mur-
phy, Schueller, Van Duelman, Whar-
ton. Nays-None.
There being no further business
Councilman Wharton moved to ad-
journ. Seconded by Councilman Van
Duelman. Carried by the following
vote: Yeas-Mayor Thompson, Coun-
cilmen Murphy, Schueller, Van Duel-
man, Wharton Nays-None.
J. J. SHEA, City Clcrk,
Approved ______________________1940.
Adopted ________________________1940.
Councilmen: I _______________________
Attest: ------------------------------
City Clerk.
' ~y,
!I~,
~l~i~~~
144