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1938 October Council Proceedings224 Special Session, September 23rd, 1938 ~ ~ Regular Session, Oci:ober 3rd, 1938. 225 persons a&ected and during the continuance of such employment. Passed, adopted and approved this 23rd day of September, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R, MURPHY, F, W. THOMPSON, Councilmen. Attest; J. J. SHEA, City Clerk, Councilman Murphy moved the adoption of the resolution, Second• ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Councilman Thompson moved that the Judges and Clerks who served at the General Municipal Election be appointed to act at the Special Election to be held on Octo- ber 6th, 1938, in accordance with Section 737, Chapter 40, of the Code of Iowa 1935, with the excep- tion of Ray O'Brien, Judge of the Seventh Precinct, who has trans• ferred from said Precinct and that Al. Bitzberger be named as Judge of Election in the Seventh Pre- cinct to fill the vacancy. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Clark, Councilmen Thompson, Van Duelman, Whartoa. Nays-Councilman Murphy. The following decisions of the City Council relative to various tax petitions requesting cancellation and suspension taxes presented for approval: Petition of Della C. Thul requesting cancellation of the 1937 taxes on the South 2 ft. 6 in, of Lot 2 and all of Lot 3 of Klein- schmidt's Sub., request granted; Petition of Ray Denzler requesting suspension of the 1937 taxes on Lot 141 Burden and Lawther's Ad- diticn, request granted; Petition of Mrs. Martha Wilson requesting suspension of the 1937 taxes on Lot 7 of Sub, of City Lot 730 and Lot 1 of Union Add., request granted; Petition of Miss Julia Clark re- questing suspension of the 1937 taxes on Lots 3 and 4 Snb. Out Lot 082, request granted; Petition of George .Hendricks requesting sus= pension of the 1937 taxes on Lot 1 of Sub. 1 of 1 of E. Va of Lot 40 of Kelly .Sub,, Und, 1-5 of E, 9 ft. of 2 of 1 of E, Va of Lot 40 Kelly Sub., Und. 1.5 of W. 29 ft. of E, 9 ft, of 2 of 1 of E. 1/z of Lot 41 Kelly Sub., Und. 1.5 of N, 9 ft, of E. 100 ft. of 2 of 1 of E. I/z of Lot 41 Kelly Sub., request granted; Petition of Joseph Sitterly requesting suspension of the 1937 taxes on Lot 44 of Staf- ford Add., request granted; Peti• tion of Mrs, Catherine Lundbeck requesting suspension of the 1937 taxes on Lot 11 of Cox Add, and Lot 242 of Wood'lawn Park Add,, request granted; Petition of Louisa Scharff requesting suspension of the 1937 taxes on Lots 34 and 35 in Belmont Addition, request granted. Councilman Murphy moved that the decisions of the City Council on the various tax petitions be ap• proved and that the Board of Sup• ervisors be notified of the action of the City Council. Seconded by Councilman Thompson, Carried by the fallowing vote: Yeas-D4ayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. There being no further business Councilman Van Duelman moved to adjourn. Seconded by Council- man Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. J. J, SHEA, City Clerk City Council Approval. The above application and resolution having been filed with the State Comp- troller, the transfer requested is ap- proved September 26th, 1938, C. B. MURTAGH, State Comptroller, Councilman Thompson moved that the approval of C. B. Murtagh, State Comptroller, be made a matter of rec- ord, Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Councilman Wharton moved that the rules be suspended for the purpose of 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Mr. Peter H. McCarthy addressed the Council relative to the Special Election to be held October 6th, 1938, in which a bond issue of $230,010,00 will be vot- ed upon and suggesting that publicity be given on this bond issue to the voters to the extent that the City may be required to build a Sewage Disposal Plant and extend both the water mains and sewer mains and that with the is- sue of $230,010.00 bonds fora Metno- rial Building that the City will be close to their legal bonded indebtedness. October 3, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Paragraph 17, Section 6669 of the 1935 Code of Iowa provides as follows: "The City Manager shall keep the Council fully advised of the financial and other conditions of the city or town, and of its future needs." Ac- cordingly I am submitting the follow- ing inforttlation in connection with the special election of October 6th on the question: "Shall the 'City of Dubuque, Dubuque County, Iowa, issue Bonds in the sum of $230,010.00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provi- sions of Chapter 33 of the Code of Iowa of 1935 and amendments thereto?" First. As yet no assurance has been received that a grant will be made by the Federal Emergency Administration of Public Works on the application filed September 9th, This leads to the ques- tion as to the outcome if a favorable vote results at the election and no grant be forthcoming. Second, The regional counsel of the P. W. A, at Omaha has informed me that the Federal Government does not participate in purchasing sites beyond 15% of the total cost of the project. Since the site in the instant case. will Approved ..................................1938. Adopted ....................................1938. Attest :................................................ City Clerk. (Official) Regular Session, October 3rd, 1938. Council .met at 7:55 P, M. Present-lvlayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, -City Manager Rhomberg. Mayor Clark 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. Resolution No, 101-38. RESOLUTION AND APPLICA- TION FOR PERMANENT TRANSFER OF FUNDS 1Vhereas, an emergency tax lovy was made by the City Council of the City of Dubuque for use during the fiscal year beginning April 1, 1938, and ending March 31, 1939, upon authority of the State Comptroller; and Whereas, the City Treasurer of said city has on hand the sum of $7,3SS.66 in the Emergency Fund and the sum of $323.35 in the General Fund; and Whereas, an emergency exists due to the payment of General Fund Warrants issued for the construction of the Swimming Pool in the fiscal year 1936- 1937, and in order to pay such warrants it is necessary to transfer $7,3SS.66 from the Emergency Fund to the Gen- eral Fund; and Whereas, before such transfer can be made it is necessary to secure the ap- proval of the State 'Comptroller; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, subject to the approval of the State Comptroller, that there be and there is hereby perma- nently transferred from the Emergency Fund to the General Fuud, the sum of $7,3SS.66 and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer, Be it further resolved that, upon the approval of such transfer, the Auditor of the City of Dubuque is directed to adjust his books accordingly and notify the Treasurer of such transfer, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. Passed, adopted and approved by the unanimous action of the City Coun- cil this 23rd day of September, 1938. CARL, A. 'CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R, MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. i 226 Regular Session, October 3rd, 1938. cost about 25% of the total, it is evi- dent that additional bonding by the city will be necessary. Third, The publicity in regard to the referettdunt states that it is estimated that fees and rentals will pt•ovide for the maintenance costs. This is con- trary to the experience in other cities. Your attention is directed to Section 490 which provides that a tax levy up to 1% mills or approximately $42,000.00 may be levied for the maintenance of a memorial building, I submit this information according to the provisions of the late without recommendation, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manager Rhom- berg be received and made a matter of record, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Dnehnan, Wharton. Nays-Noce. Petition of E, L. Simon et al, prop- erty owners and residents iu the vicinity of Seminary Street, Finley Street, Cherry Street, Hopt Street, Ungs Street, Hazel Street and St. Atnbrose Street, requesting that sewage disposal facilities be installed to serve their pt•op- erties, presented and read. A~Ir. A. V. 1Vise addressed the 'Council requesting that the prayer of their petition be granted. Councilman IVharton moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murph}=, Thompson, Van Duelman, 1Vharton. Nays-None. Petition of C. 1V. Nickels et al re- questing the installation of a stop-aud- go traffic light on Central Avenue at the intersection of Kaufman Avenue and Twenty-second Street, presented and read. Messrs C. W. Nickels and Elmer VV. Brauhn addressed the Coun- cil requesting that the prayer of their petition he granted. 'Councilman Van Duelman moved that the request be granted upon the approval of the Iowa State Highwa}= Commission. Seconded by Councilman Zuiurphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thontp- sou, Van Duelman, 1Vhartou. Navs- Noue. - Petition of Charles F. Meyers re- questing arefund on his cigarette li- cense from October lst, 1938, to July 1st, 1939, as he has discontinued busi- ness at No. S Eighth Avenue, present- ed and read. Councilman Murphy moved that the request be granted and that a warrant in the amount of $75.00 be ordered drawn itt favor of Charles F. Meyers to cover' the amount of re- fund gt•anted on his cigarette license from October 1st, 1938, to July 1st, 1939. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Clark,'Councilmeu Mur- phy, Thompson, Van Duelmau, Whar- ton. Nays-None. Petition of Fidelity and Deposit Company requesting the cancellation of both the sign bond and cigarette bond of Charles F, Meyers as he has discontinued business at No. S Eighth Avenue, presented and read. Council- man Thompson moved that the request be granted. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Clark, Coun- cilmen tllurphy, Thompson, Van Duel- mau, Wharton. Nays-None. Petition of Ivirs. Sophie McMaun and Mrs. Eleanora VanderiVleulett request- ing arefund on their dine au_d dance license, presented and read. Council- man biurph}= moved that the request be denied as same is out of the jurisdiction of the City Council. Seconded by Councilman Thompson. Carried by the follotviug vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Vau Duelmau, }ltharton. Nays- Noue. Petition of The Salvation Army re- questing permission to conduct their annual tag day on October 22nd, 1938, presented and read. Councilman Mur- ph}= moved that the request be granted. Seconded by Councilman Van Duel- mau. Carried by the following vote. Yeas-Mayor Clark, Councilmen Nfur- phy, Thompson, Van Duelmau, 1Vhar- tou. Naps-None. Petition of Jos. Plein, Jr., requesting the installation of street lights ou Dav- enport Street and also calling the at- tention of the City Council to the dan- gerous condition of said Davenport Street attd also calling the attention of the 'City Council to the open sewer drain at the base of his property, pre- sented and read. Councilman Van Duelmau moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the follotviug vote: Yeas- Mayor Clark, Couucilmeu 1lurphy, Thompson, Va^ Duelman, IVharton. Nays-Noce. Petition of J. F. Stampfer Company requesting permission to build a can- opy over the new entrance to their building in the alley, presented and read. Councilman 11~Iurphy moved to refer the petition to the City Cowtcil to view the grounds. Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Edward C. Bartels re- questing fire protection for his prop- erty located one mile west of Dubuque on Highwa}= No. 20, presented and Regular Session, October 3rd, 1938. 227 read. Councilman Wharton moved to refer the petition to the City Council. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- tmt. Nays-None, Petition of Arthur H. Eichmatt et al requesting that Shiras Street and Roosevelt Street be joitted,by a through cross street near the present project now underway at the end of Roosevelt Street, presented and read, hit. H. F. I4lackert addressed the Council re- questing that the prayer of their peti- tion be granted. Councilman Thomp- son moved to refer the petition to the City Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Clark, Councilmen 1blurphy, Thompson, Van Duelman, ~Vhartou. Nays-None. Petition of Nick Grattdgeuet et al requesting that Sabula Street be ex- tended to Burlington Street, presented and read. iblr. Nick Grommersch ad- dressed the Council requesting that the prayer of their petition be granted and also requesting that the water mains be extended. Couucilmau Wharton moved to refer the petition to the 'City Manager and Superintendent of the Wafer Department for investigation and report. Seconded by Councilman Van Duelman Carried by the follow- ing vote: Yeas-DIa}=or Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Nick Grommersch et al requesting that Charles Street be grad- ed instead of being vacated, presented and read. IVfr. Nick Grommersch ad- dressed the Council objecting to the proposed vacation of Charles Street and requested that Charles Street be graded instead of vacated. Councilman Van Duelman moved to refer the peti- tion to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Donald H. Head request- ing the City Council to investigate the matter of drainage of the alley extend- ing from Randal( Street through to Dunning Street and between Grand- view Avenue and Bradley Street, pre- sented and read. Councilman 1Vhartou moved to refer the petition to the City Council to view the gromtds. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Ma}=or Clark, Councilmen Murphy, Thomp- son, Vau Duelman, Wharton. Nays- None. 'Communication of Nickolas Grom- mersch submitting au offer in the amount of $100.00 for the purchase of city owned Lot 37 of South Park Hill Addition and that part of Charles Street from Broadway extension to the alley first west, if the same is vacated, also the communication of R, E, Miller submitting au offer of $lOS.00 for the purchase of city owned Lot 37 of South Park Hill Addition and that portion of Charles Street adjoining said Lot on its north boundary, presented and read, Councilman Murphy moved that the offer of Mr. R. $, Miller in the amount of $lOS.00 be accepted, as his offer is the highest submitted, and that the Cit}= Solicitor be. instructed to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the follott*ing vote: Yeas-Mayor '.Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Resolution No. 105=38, Whereas, applications for "B" Beer Permits have been subm';itted to this Council for approval and the same have bee^ examined; now, therefore Be It Resolved b}~ the Council of the City of Dubuque that the following ap- plications be and the same are hereby approved and it is ordered that the premises to be occupied by such ap- plicants shall be forthwith inspected. Class "B" Permit, Eugene McCann (Renewal) 802 Iowa Street. John J. Jassman (Renewal) 390 East 12th Street. Hubert and Veratica 1~Ielsseu (Renew- al) 1389 Elm Street. 11~Irs. Elsie Recker (Renewal) 399 East 20th Street. Ed. J, Duccini (Renewal) 1698 Maple Street. Mrs. Margaret Clancy (Transfer of ad- dress from 378 Ivlaiu) 336 Main St. Passed, adopted and approved this 3t•d day of October, 1938, CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W. THOMPSON, Couucilmeu. Attest: J. J. SHEA, City Clerk, Councilman Vau Duelmau moved the adoption of the resolution. Seconded by Couucilmau Thompson. Carried by the following vote: Yeas-Mayor Clark, 'Cowtcilmen Murphy, Thomp- son, Vau Duelman, Wharton. Nays- None. Resolution No. 106-38. Whereas, heretofore applications were filed by the within named appli- cants for "B" Beer Permits and they received the approval of this Council; and Whereas, 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, _G i 228 Session, October 3rd, 1938. 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, Eugene McCann (Renewal), 802 Iowa Street, John J. Jassman (Renewal), 390 East 12th Street Hubert and Veronica Meissen (Renew- al), 1389 Elm Street. Mrs. Elsie Recker (Renewal), 399 East 20th Street. Ed. J. Duccini (Renewal), 1698 Maple Street. Mrs. Margaret Clancy (Transfer of ad- dress from 378 Main), 336 Main St. 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 October, 1938. CARI, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F, W. THOMPSON, 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-Mawr Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. Resolution No, 109-38. A resolution accepting the offer of the United States of America to City of Dubuque, Iowa, to aid in financing the construction of improvements to Water Works System, and demolition of old building, Iowa Docket No. 1684F. Be It Resolved, by the City Council, of the City of Dubuque, Iowa. Section 1. That the offer of the United States of America to City of Dubuque, Iowa, to aid by rvay of grant and in financing Improvements to Wa- ter Works System; and Demolition of Old Building, Iowa Docket No 1684F, a copy of which offer reads as follows: P. W, 83827-58. Federal Emergency Administration Of Public Works Washington, D. C., Dated: Sept. 23, 1938, Docket No. Iowa 1684-F. Copy Conformed to Executed Original Sept. 21, 1938, Checked: Byrne Legal Division, PWA, City of Dubuque, Iowa, Dubuque, Iowa. 1. Subject to the Terms and Condi- tions (PWA Form No. 230, as amend- ed to the date of this Offer), which are made a part heroef, the United States of America hereby offers to aid in fi- nanciug the construction of improve- ments to a water works system and the demolition of old building (herein call- ed the "Project") by making a grant to the City of Dubuque, Iowa, (herein called the "Applicant"), iu the amount of 4S per cent of the cost of the Project upon completion, as determined by the Federal Emergency Administrator of Public Works (herein called the "Ad- ministrator"), but not to exceed, in any event, the sum of $67,500. 2 By acceptance of this Offer the Applicant covenants to begin work on the Project as early as possible, but in no event later than 10 weeks Erom the date of this Offer and tp complete such Project with all practicable dispatch, and in any event within 9 months from the commencement of construction. 3. This Offer is made subject to the express condition that, if the Adminis- trator shall determine at any time that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any person, firm or corporation for attempting to pro- cure an approval of the Applicant's ap- plication, or for alleged services in pro- curing or in attempttng to procure such approval, or for activities of the nature commonly known as lobb}ping per- formed or agreed to be performed in connection with the application, then the Administrator shall have the right, in his discretion, to rescind this Offer and any agreements result- ing herefrom, and, in the event of such rescission, the United States of Amer- ica shall be under no further obligation hereunder. UNITED STATES OF AMERICA FEDERAL EMERGENCY AD- MINISTRATOR OF PUBLIC W 0 RKS. Signed: H. A. GRAY, Assistant Administrator. Be and the same is hereby in all re- spects accepted Section 2 That said City of Du- buque, Iowa, agrees to abide by all the rules and regulations relating to such offer, a copy of which rules and regula- tions were annexed to the Govern- ment's offer and made a part thereof. Section 3. That the mayor is hereby directed to sign, and the City Clerk to attest the original offer made by the United States of America to the City of Dubuque, Iowa, as evidence of the acceptance of said offer by City of Du- buque, Iowa. Section 4. That the City Clerk is hereby authorized and directed to send to the Federal Emergency Administr- tion of Public Works certified copies of the proceedings of this meeting and the action taken in connection with the adoption of this resolution, and such further documents or profs in connec- tion with the acceptance of said offer as may be requested by the Federal Session, October 7th, 1938. Emergency Administration of Public Works. CARL A. CLARK, Mayor, GEO. R, MURPHY, FRANK VAN DU$I,MAN, ALBERT WHARTON, P, W. THOMPSON, Councilmen. Attest: J, j, SHEA, City Cleric, The following were absent: None, Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the request of Josephine Flynn for suspen- sion of the 1937 taxes ou the North Middle 20 feet of City I,ot 83 be grant- ed and the Board of Supervisors to be notified of the action of the City Coun- cil, Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. Councilman Murphy moved that the request of Mrs. Edith Lawson for can- cellation of the 1937 taxes ou Lot 2 of 1 of Sub. of hots 30 and 31 and Lot 2 of 30 and 31 of Morheiser's Sub. and Lot 2 of 2 of I,ot 16 Tschirgi and Schwinn's Sub. be denied and that the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Whartou. Nays-None. 7. J. SHEA, City Clerk, j Approved -------------------- 1938. Adopted _____________________ 1938. Counciltneu: j_______________________ Attest: ----------------------------- City Clerk. City Council 229 Official. Special Session, October 7th, 1938. Council met at 8:15 P. M. I Present-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Whartou, City 'Manager Rhomberg. Meeting called by order of Councilmen Murphy and Thompson. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map by changing from "Two Family Residence District" to "Local Business District" all of the lots, lands, or parcels of real estate ly- ing within an area bounded on the South by the center line of Jefferson Street; on the West by the east prop- erty line of Walnut Street; on the North by the center line of the Alley between Jefferson Street and West Eleventh Street; and on the East by the ];asterly property line of I,ot 16 of part of Parley's Subdivision to the City of Dubuque, Iowa, said area compris- ing all of hots 15 and 16 of part of Parley's Subdivision to the City of Du- buque also for the purpose of canvass- ing the vote cast at the Special Elec- tion held October 6th, 1938, and acting on any other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the official notice of a public hearing to be held upon apro- posa(to amend and change the Zoning Map by changing from "Two Family Residence District" to "Local Business District" all of the lots, lands, or par- cels of real estate lying within an area bounded on the South by the center line of Jefferson Street; on the West by the east property line of Walnut Street; on the North by the center line of the Alley between Jefferson Street and West Eleventh Street; and on the East by the easterly property line of Lot 16 of part of Parley's Subdivision to the City of Dubuque, Iowa, said area comprising all of Lots 15 and 16 of part of Parley's Subdivision to the City of Dubuque, presented and read, No objections having been filed Coun- cilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 25-38. An Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided for by Ordinance No. 3-34, designated "Zoning Ordi- ,230 Special Session, October 7th, 1938. nonce of the City of Dubuque" so as to change to Local Business District cer- tain'defiiied property noti~ delimited as Two-Family Residence District, and declaring au emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thont,psou, Van Duelman, Wharton. Na}~s-None. Councilman Van Duel- man moved that the rules be suspended requiring au ordinance to be read on three separate days, Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 1ltharton. Nays-Noce. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- ivlayor Clark, Couucilmeu Murphy, Thompson, Vau Duelman, Wharton. Nays-None. Petition of Peter H. r~IcCarthy re- questing that the petition of Trustees of the Property of the Chicago, Mihvau- kee, St. Paul and Pacific Railt•oad Com- pany now before the City Council aslc- ntg for the vacation of additional streets and alleys in the vicinity of their shops and adjoining their present property be denied and also that the City Solicitor be instructed to begin an immediate action its the courts to test the tights of the City of Dubuque wider the terms of an ordinance of March 14, 1881, wherein the said Railroad Company agreed that certain lots and propert}~ would revert back to the Citv of Du- buque if the terms of said ordinance by which said lots were deeded to said Railroad Company by the Cit}~ of Du- buque were ever violated, presented and read. Councilman Murphy moved to suspend the rules for the pwpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-NIa}ror Clark, Cauncihneu h[urphy, Thompson, Van Duelman, 1Vharton. Nays-None. 14r. Peter H. McCarthy addressed the Council requesting that the Council grant the prayer of his petition and that the City Solicitor be instructed ac- cordingly. Councilman Murphy moved that the petition be r~fet•red to the City Council for future action. Seconded by Councilman Thompson, Carried by the following vote: Ycas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. Nays-Noce. Original Notice of Suit of Eileen Ell- wanger in the amount of $47.00 for loss of n•rist ta~atch at the Municipal Swim- ming Pool, presented and read. Coun- cilman Murphy moved to refer the Original Notice of Suit to the City So- licitor, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clat•k, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Dubuque County Demo- cratic Centt•al Committee requesting permission to extend a banner across Main Street, presented and read. Coun- cilman Thompson moved that the re- quest be granted. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None. Yetitiott of Geo. R. Burden request- ing permission to install and maintain a merchandise chute its the sidewalk in front of the northerly part of the new building erected at 6th and Locust Streets, presented and read. Council- man Thompson moved that the t•equest be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Couucilmeu Mur- phy, Thompson, Van Duelman, Whar- ton, 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 August, 1938, presented and read. Councilman Vau Duelman moved that the proof of publication be receiv- ed and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None. Council Proceedings for the month of August, 1938, presented for appt•ov- al. Councilman Van Deulman moved that the Council Proceedings for the month of August, 1938, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Couucil- meu hfurphy, Thmnpson, Van Duel- man, 1Vharton. Nays-None. Octobet• 7th, 1938. 1'o the Honorable Mayor a.ud City Council, Dubuque, Iowa. Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer, attd City Water Department for the month of September, 1938, also a list of claims and fist of payrolls for which ta'arrauts were drawn during the tnouth of Sep- tember, 1938. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Counciltan Mur- phy. Carried by the follotviug vote: Yeas-Mayor Clarlc, Councilmen 11dur- Special Session, October 1th, 1938. 231 phy, Thompson, Van Duelman, Whar- ton. Nays-None. Resolution No, 108-38. Whereas, application for Class "B" Beer Permit has beets submitted to this Council for approval and the same has ben examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be fot•thwith inspected. Class "B" Permit Name Address Dorrance Clancy and Margaret Clancy (Renewal), 336 Main Street. Passed, adopted and approved this 7th day of October, 1938. CARL A, CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Couucilmeu. Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. Nays-None. Resolution No. 109-38. Whereas, heretofore application was filed by the within named applicants for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occupied by them have been inspected and found to complp with the ordinances of this. City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Coutnci] of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Per- mit. Class "B" Permit. Name Address Dorrance Clancy and Margaret Clancy (Renewal), 336 Main Street. Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 7th day of October, 1938. CARL A. CLARK, Mayor. PRANK VAN DUELMAN, ALB$RT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Couucilmeu. Attest: J. J SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thomp- son, Vau Duelman, Wharton. Nays- Noue. Resolution No. 110-38. Preliminary approval of plans, speci- fications, form of contract, and prelim- inary estimates, including all items of material and work required to drill, case, seal and test a New Deep Well located ott I,ot 503 or S04 of Part of Ham's Addition, pt•eseuted and read, Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Clark, Couucilmeu Murphy, Thomp- son, Vau Duelman, Wharton, Nays- None. October 7, 1938, Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On September 21, 1938, there was referred to me for investigation and report, the petition of Maria R. Spen- s1ey, Anne T. Spens(ey and Mary Alice S. Weir, requesting agricultural exemp- tion of Mineral Lot 138 owned by the petitioners fot• the years 1937 and 1938. I find upon investigation that Miner- al Lot 138 is properly within that class of real estate entitled to agricultural exetption within the purview of Sec- tion fi210 of the Code of Iowa of 1935. I further find upon investigation and conference with the City Assessor that the petitioners did request an agricul- tural adjustment or exemption, and that through mistake or unintentional error, Mineral Lot 138 was omitted from the list of real estate certified by the Assessor to the Council for agri- cultural exemption. The City Assessor requests that in this report I convey to the Council his recommendation that the exemption of Minera( Lot 138 be allowed as an agri- cultural exemption for the years 1937 and 1938. I accordingly recommend that the prayer of this petition be granted and that the County Auditor be advised of the actions of the Council. Yours very truly, AL. J. NELSON, City Solicitor. Councilman 14lurphy moved that the recommendation of City Solicitor Nel- son be approved and the County Aud- itor instructed accordingly. Seconded by Councilman Van Duelman. Car- ried by the follotviug vote: Yeas- 1layor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Nolte. October 7, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a meeting of the City Council on September 28, 1938, there ',vas referred to me for investigation and report the petition of Wesley B. Reynolds by R. J. 11~Iurray, agent, requesting permis- sion to erect a platform and steps or :~ 232 Special Session, October 7th, 1938. stairway as a vteans of approach to the main or street floor on the Third Street side of the rear part of the building ou the Southeast corner of Third and Main Streets, said property being described as the North 23 feet of Lot Sight (8) in the City of Dubuque, Iowa, and owned by said petitioner. Investigation discloses that the own- er of this building is desirous of divid- ing the first floor space into two busi- ness establishments, one fronting on Main Street and the other in the rear, attd that in order to do so, and to gain access to the rear part, it will be neces- sary that a doot• be cut and a platformm and stairway be built be- cause of the sloping condition of Third Street just North of the build- ing and because of the fact that the alley in the rear of the building is much lower than the main floor. It is pro- posed to cut a door in the North side of this building, and build a platform projecting out from the building and over the sidewalk a distance of approx- imately 40 inches from the building line, and to connect that platform with the sidewalk and a series of steps or stairway. I find from investigation that like or similar privileges have heretofore been granted by the City Council providing for the erection of platforms and stair- ways, both to the main floor and second floors of buildings located ott sloping lots of this same character. However, I desire to call the attention of the Council to the fact that constructions of this character might properly be classed as obstructions iu the sheet or upon the sidewalk. I call the attention of the Council to the fact that an indemnifying bond is required of all persons erecting signs over the sidewalks, but that, so far as I am able to ascertain, no ittdemnifyittg bonds have heretofore been required from the owners of the property who have beets granted the privilege of con- structing or erecting stairways project- ing from the building-line out into the street, or unloading platforms project- ing ft•om the building into the alleys. It would appear to me that stairways or platforms are just as much of an ob- struction as any sign and that the City should be properly indemnified and pro- tected by a bond indemnifying and sav- ing harmless the City from arty claim front damage or injury because of the. existence of said stairways or platforms projecting into the streets or alleys. Furthermore, it occurs to me that the granting of privileges such as this, which must be done by special ordin- ance, is a special privilege for the par- ticular benefit of the applicant, and that in cases of this character the ap- plicant should be required to pay the necessary cost of publication of the or- dinance granting the privilege. Respectfully submitted, AL. J. N$LSON, City So!icitot•. Councilman Van Duelman moved that the comtnunicatiott of City Solicit- or Nelson be referred to the City Coun- cil. Seconded by Cowncilman Whar- ton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. The vote of the Special $lection of October 6th, 1938, was then canvassed by the City Council and showed the following result upon 'the following proposition: "Shall the following prop- osition be adopted?" "Shall the City of Dubuque, Dubuque County, Iowa, issue bonds in the sum of $230,010.00 to cover the expense of the erecting and equipping of a Me- morial Building under the provisions of Chapter 33 of the Code of 1935 and amendments thereto?" ~ p .~ v ~ v c v C u am, u ~ o C ~ q u C o C n C o Q u C u q u q v v ~ v v v v v v ° ' T t l a , , a ~ a w ~ a ~ w ~ w a a w w w w ~ pi ~ w o a s b v y .c ,c ~ Y x x ~ Y x Y x .-, .. .. s 1249 2011 2 1 2 1 2 2 1 1 1 1 1 2 No 53 5SI 55 8 84 64 33 43 1 95 49 77 67 60 62 878 Resolution No, 111-38. bVhereas, a special city election was held on the 6th day of October, 1938, iu the City of Dubuque, Iowa, pursuant to the provisions of Resolution No. 95-38, passed and adopted by the City Council of the City of Dubuque ott the 8th day of September, 1938, in ac- cordance with the prayer of a petition filed with the City Council, at which election the following question or prop- osition was submitted to the electors of said City of Dubuque, as provided by Chapter 33 of the Code of Iowa of 1935, namely, to-wit: "Shall the City of Dubuque, Dubuque. County, Iowa, issue bonds in the sum of $230,010.00 to cover the ex- pense of the erecting and equipping of a Memorial Building under the provisions of Chapter 33, of the Session, October 7th, 1938. 233 Code of Iowa of 1935, and amend- ments thereto?" Whereas, the votes cast at such elec- tion were canvassed by said City Coun- cil of said City of Dubuque on October 7,, 1938, at a special meeting of such said City Council called into session for said purpose, and the result found to be as follows: Y>~S - 2865. NO - 878. Whereas, it appears from such can- vass that more than 60 per centum of all of the electors voting at said special election voted in favor of the proposi- tion attd in favor of the issuance of the bonds to the sum stated in the propo- sition for the purpose of erecting attd equipping a Memorial Building, and, Whereas, said petition, signed by the required number of qualified electors of the City of Dubuque asking that said election be held, was presented to and filed with the City Council, and said election so ordered held by the City Council of the City of Dubuque with the distinct understanding that the cost and expense of the erecting and equip- ping of said Memorial Building would approximate the sum of $418,200.00, attd that the excess of said cost over attd above the amount of the bonds to be issued in accordance with the proposi- tion submitted and voted upon at said special election, would be obtained or secured Uy a federal grant from The Federal $mergency Adnaiuistration of Public Works of the United States Government and that said bonds in the sum of $230,010.00 would be issued by the City of Dubuque if and when the application for said Federal Grant were acted upon and allowed by said Fed- eral 13mergency Administration of Pub- lic Works of the United States Gov- et•nment. Now, Therefot•e, Be It Resolved by the City Council of the City of Dubuque, that, in com- pliance with the wishes of the people expressed at the special election held ott October 6, 1938, and, upon the al- lowance or award to the City of Du- buque by the Federal lamergency Ad- ntinistration of Public Works of the United States Goverment of a grant iu a sum of not to exceed Q188,190.00 to cover 45 per centum of the cost or ex- pense of the erecting and equipping of said Memorial Building, bonds to cover S5 per centum of the cost or expense of the erecting and equipping of said Memoria( Building_be issued in au amount not to exceed the sum of $230,- 010.00, which bonds shall be issued as provided by Sections 488 and 489 of Chapter 33 of the Code of Iowa of 1935, and the payment of the principal and interest of such bonds be provided for in accordance with the provisions of Chapter 33 of the Code of Iowa of 1935, all of which shall be shown and expressed in the bonds themselves, and that such further proceedings be taken as are necessary for final disposition, execution attd sale of such bonds.. The resolution being deemed urgent shall be in force and effect from and after its adoption by the City Council, Passed and adopted this 7th day of October, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALB$RT WHARTON, G$0. R. MURPHY, F. W. THOMPSON, Councilmen, Attest: J. J. SH$A, City Clerk, Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Van Duelman. Carried by the tollowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton, Nays- None. Councilman Van Duelman moved that the Judges and Clerks who served at the Special )~lection of October 6th, 1938, be allowed the amount of $6.00 each far services rendered as such Judges and Clerks. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Counciltneu Murphy, Thompson, Van Duelman, Wharton. Nays-None. There being tto further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton Nays-None. 7. J. Sx1;A, City Clerk. Appt•oved ______________________1938. Adopted ________________________1938. Councilmen: {_______________________ Attest: ----------------------------- City Clerk, 234 Special Session, October 24th, 1938. Special Session, October 24th, 1938. 235 City Council (Official) cavation Bond of F. J. Rellihan as the same has expired October 11th, 1936, presented and read. Councilman Thompson moved that the request be granted. Seconded by Councilman Van Duelman. 'Carried. by the follow- ing vote: Yeas-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-Noce. Petition of N. M. Sutton requesting the City Council to view the alley which lies east of Hill Street joining Wooten and Bonson Streets relative to having the same improved in order that he tnay have use of his property, pre- sented and read. Councilman Thomp- son moved that the request be grouted and the petition referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None. Petition of Charles P. Fay et al re- questing that Rowan Street be sur- veyed, graded, and a covering of rock placed on -said street, presented and read. Councilman Thompson moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman 1Vhartou, Can•ied by the following vote: Yeas-Ma}=or Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of I,illard Kieler requesting that the County Treasurer he iushucted to accept the principal amounts of the special assessments, plus interest and advertising costs, the balance of penal- ties to be waived, on the special assess- ments levied against I,ot 7 of Jansen's Sub., presented and read. Councilman lllurphy moved to refer the petition to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of The Salvation Army re- questing permission for the holding of a tag day on November 5th, 1938, as it vvas necessary to postpone their pre- vious date of October 22nd, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman 1Vharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, 1Vharton. Nays-None. Petition of Edwin 1•, Bull and John Walburn requesting that sidewalks be laid between the walks at 1875 St. Jo- seph Street and the intersecting walks at Fremont Avenue, presented and read. Councilman Vau Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Ma}=or Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. . Petition of C. H. Grether et al re- questing the City Council to take action relative to the condition of the buildings at 1504, 1506, 1508 and 1510 1Vashing- tott Street, presented and read. Coun- cilman Wharton moved to refer the pe- tition 'to the Council to view the grounds. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Peter Maas, referred to the City Council by the Board of Su- pervisors, requesting the suspension of the 1937 taxes on I,ot 166 of I,. H. I,augworthy's Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation attd report. Seconded by Councilmen Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Mrs. Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1937 taxes on hots 9 and 10 of Johnson's Subdivision, presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of George J. Roepsch, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1937 taxes on I,ot 82 of McCra- uey's 1st. Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solicitor for in- vestigation and report. Seconded by Councilmen Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Sarah Koehler, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1937 taxes ou the Und. % of the North 23 feet 6 inches of the South 7S feet of hots 1, 2 and 3 of Kiene & Blocklinger's Subdivisimt, presented and read. Councilman Murphy moved to refer the petition to the City Solicit- or for investigation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-Nohe. Petition of Henry E. Koehler, re- ferred to the City Council by the Board of Supervisors, requesting the suspen- sion of the 1937 taxes on the Und. of the North 23 feet 6 inches of the South 7S feet of hots 1, 2 and 3 of Kiene & B.locklinger's Subdivision, pre- sented and read. Councilman Murphy moved to refer the petition to the City Solicitor for investigation and report. Seconded by Couttctlman Van Duel- man. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. Petition of W. F. Cooper for A. A, Cooper Ittc, regtesting the City Coun- cil to give serious and special cottsider- atiott to the Parking space on Highland Pat•Ic, also called Cooper Heights, and asking that this small space be planted to shrubbery or plants and taken care of, presented and read. 'Councilman Wharton moved to refer the petition to the City Manager for investigation and repot•t. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Council- men Murphy, Thompson, Van Duel- man, Wharton. Nays-None Ordinance No. 25-38. An Ordinance amending and changing the Zoning 14ap of the City of Dubuque as pro- vided by Ordinance No. 3-34, designat- ed "Zoning Ordinance of the City of Dubuque" so as to change to Local Business District certain defined prop- erty now delimited as Two-Fatriily Res- idence District, and declaring an emer- gency, said ordinance having been passed upon first and second readings on October 7th, 1938, presented and read a third time. ORDINANCE N0.25-38, Au Ordinance amending and chang- ing the Zoning Map of the City of Du- buque as provided•for by the Ordinance No. 3-34, designated "Zoning Ordin- ance of the City of Dubuque" so as to change to Local Business District cer- tain defined property nosy delimited as Two-Family Residence District, and declaring an emergency, WHEREAS, it is deemed advisable by this Council to amend the Zoning Ivlap of the City of Dubuque provided for by Ordinance No. 3-34 designated as "Zoning Ordinance of the City of Dubuque" so as to change to Local Business District certain defined prop- erty now delimited as Two-Family Residence District; and, WHEREAS, the proposed changes meet with the approval of the Planning and Zoning Commission of the City of Dubuque; and, IVHEREAS, notice of such proposed changes has been published as provided by law, and an opportunity has been af- forded to all interested parties to object thereto at a public meeting held on the 7th day of October, 1938; and WHEREAS, no objections have been filed to the proposed changes: Be it ordained by the Council of the City of Dubuque: Section 1-That the Zoning Map be, and the same is hereby amended and changed as. follows: Special Session, October 24th, 1938. Council met at 7:55 P. M. Present-Mayor Clark, Cowtcilmen Murphy, Thompson, Vau Duelman, Wharton, 'City Manager Rhomberg. Meeting called by order of Council- men Van Duelman and Wharton. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering for final adop- tion Ordinance No. 25-38, An ordinance amending and changing the Zoning Nfap of the City of Dubuque as pro- vided Eor by Ordinance No. 3-34 by changing from Two Family Residence District to Local Business District the area comprising all of hots 15 and 16 of part of Farley's Subdivision to the City of Dubuque and acting on any other business as may properly come before a regular meeting of the City Council, Claim of Mrs. Anthony Eberhardt in the amount of $S25 for damages sus- tained to her car iu striking a large rock or piece of cement ou Bluff Street near Sixth Street, presented and read. Councilman Wharton moved to refer the Claint to the City Solicitor. Sec- onded by Councilman Van Duelman. Carried by the following irate, Yeas- Mayor Clark, Councilmen Ivlurphy, Thompson, Van Duelman, IVhartou. Navs-None. Original Notice of Suit of Elizabeth I,a~nge in the amount of $1,000.00 with interest and costs of suit for personal injuries and damages sustained in fall- ing on the sidewalk on the north side of Twenty-second Street between Jackson and Washington Streets, presented and read. Councilman Murphy moved to refer the Original Notice of Sttit to the City Solicitor. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Retail Merchants' Bureau suggesting that the Cit}= Coun- cil designate as one hour parking space the area ott both sides of Locust Street between Sixth and Seventh Streets; Sixth Street the north side only from Locust to Bluff Streets; Bluff Street t}te east side only frotn Sixth to Sev- enth Streets and Seventh Street the south side auly from Bluff to Locust Streets, presented and read. Cottnci]- man 1Vhat•ton moved to refer the com- munication to the City Council. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Dttehnan, Wharton. Nays-None. Communication of I. C. Chamberlain & Son requesting the return of the Ex- 236 Special Session, October 24th, 1938. Special Session, October 24th, 1938. 237 By changing from Two-Family Resi- dence District to Local Business Dis- trict, all of the lots, lands or parcels of real estate lying within an area of real estate lying within au area bound- " ed on the South by the center line of _ Jefferson Street; on the West by the East property lice of Walnut Street; on the North by the center line of the al- ley between Jefferson Street and West Eleventh Street; on the East, by the Easterly property line of Lot Sixteen (16) of part of Parley's Subdivision to the City of Dubuque, Iowa, according to the recorded plat thereof, said area comprising all of hots Fifteen (1S) and Sixteen (16) of part of Parley's Sub- division to the City of Dubuque. Section 2-This Ordinance being deemed urgent and of immediate neces- sity 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 readings this 7th day of October, 1938. Passed, adopted and approved upon final reading this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F, W. THOMPSON, Councilmen. Attest: J. J. SHEA, 'City Clerk. Published officially iu the Telegraph- Herald newspaper, October 26th, 1938. J~ J• SHEA, 10-26-1t City Clerk. - Councilman Vau Duelman moved the adoption of the ordinance. Seconded - by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. Proof of publication, certified to Uy the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of September, 1938, presented - and read. Councilman Murphy moved _ that the proof of the publication be re- ceived and filed. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Clark, - Councilmen Murphy, Thompson, Vatt - Duelman, Wharton. Nays-Noce. _ Report of the Board of Health for the month of September, 1938, present- - ed. Councilman Murphy moved that the report of the Board of Health for the month of September, 1938, be re- ceived andplaced on file. Seconded Uy Councilman Thompson, Carried Uy the following vote: Yeas-Mayor Clark, - Councilmen Murphy, Thompson, Van Duelman, 1Vharton. Nays-None. October 19th, 1938. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At a special meeting of your Elan- ning and Zoning Commission, called October 17th to act on oral request of the State Highway Department through Building Commissioner Howie for ex- tension of Local Business District at Graitdvie~v Avenue and Cascade Road to allow certain expansion of their road equipment storage facilities and garage it was unanimously agreed to recom- mend to your honorable body that the Local Business District be extended easterly to the center lice of Rowan Street and southerly to the center line of Scully Street according to plat and detailed description to be prepared by Mr. Howie. In this connection, the Planning and Zoning Commission also recommends that, if possible, the City Officials ob- tain apromise from the State Highway Department to landscape the Grand- view Avenue side of their property with the thought of concealing any space in which miscellaneous road equipment might be stored in the open. It was also the sense of the Com- mission that the State Highway De- partment should pay the cost of publi- cation, etc. ,involved in changing the Zouiug Ordinance. Respectfully submitted, R, V, McKAY, Secretary Planning attd Zoning Commission. October 22, 1938. H. H. Howie, Building Commissioner, Dubuque, Iowa. Dear Mr. Howie: Confirming our conversation of this morning regarding the planting of shrubs and trees to improve the appear- ance of the portion of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 12 along Grandview Avenue, you may as- sure the Planning and Zoning Commis- sion that the Highway Commision will be glad to oc-operate with the Commission iu landscaping the above mentioned property as and when it is used Uy the Highway Commission as a maintenance yard. It is not our inten- tion to allow our property to become an eyesore. Yours very truly, L. L. CLEMENT, Maint. Field Engineer. Councilman Wharton moved that the recommendation of the Planning and Zoning Commission Ue received and made a matter of record and that the amity Solicitor be instructed to prepare the proper procedings and that the communication of the Highway Com- mission be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, VanDuelman, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. October 24, 1938. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approv- ed the following bond and policy and desire to have your approval on same for filing; TAXICAB Yellow Cab Co., Inc., 9th &Iowa Sts. Policy No. CN-8S81, Lloyd's London. PERSONAL C. J. McCarthy, Harbor and Market Master, Bottd No. 831463 New Amster- dam Casualty Co. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the bonds and policies be approved and placed on file. Seconded by Council- man Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, Communication of Wm. L. Ryan, Chief of Fire Department, submitting a report of his findings on two surveys made in relation to the congestion in the alleys in the business area from Sixth to Seventh Streets and from Bluff Street to Central Avenue and recom- mending that a City Ordinance be passed prohibiting parking on one side of the alleys least congested and no parking in alleys in heavily congested districts thereby after designating one way traffic in certain alleys a lane would Ue maintained to permit fire ap- paratus to drive through such alleys, in alleys where no parking would be per- tnitted it would be necessary to require truck loading, etc., to maintain this pas- sageway, presented and read. Council- man Wharton moved that the City So- licitor be instructed to draft a tentative ordinance, with the recommendation of the City Rlanager, Chief of Fire De- partment and Chief of Police, and sub- mit the same to the City Comtcil for their consideration. Seconded by Coun- cilmen Thompson. Carried by the fol- zlowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 26-38. An ordinance vacating that part of Charles Street from Broadway to the East line of the alle}~ first West of Broadway, and ly- ing Uetween Lots 36 and 37 of South Park Hill Addition to the City of Du- buque, Iowa, and that part of Charles Street from the West line of the, alley first West of Broadway to Muscatine Street, lying Uetween hots 15 and 16 of South Park Hill Addition, to the City of Dubuque, Iowa, and conveying that vacated part of said Charles Street from Broadway to the East line of the alley first West of Broadway, and lying be- tween hots 36 and 37 of South Hill Ad- dition to the City of Dubuque, Iowa, to Robert E. Miller, presented and read, Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance, Sec- onded by Councilman Wharton. Car- ried Uy the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duel- man moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading had be considered the sec- ond reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 112-38. Whereas, the City Council of the City of Dubuque, Iowa, has by Reso- ]utiott No. 110-38 given its prelimin- ary approval on the proposed plans, specifications and form of contract, and estimated cost of improvement, and placed same on file in the office of the City Clerk for public inspection, for the DRILLING, CASING, SEAL- ING AND TESTING OF A NEW DEEP WELL, located on Lot S03 or S04 Part of Ham's Addition. Be It Therefore Resolved that on the 7th day of November 1938, a public hearing will be held at 7:30 o'clock P. M, in the Council Chamber in the City of Dubuque, at which time the taxpayers may appear and make objec- tion to the proposed plans and specifi- cations attd proposed form of contract, to the cost of the improvement, and the City Clerk be and he is hereby directed to cause a notice of the time and place of such hearing to be published 10 days Uefore said hearing in some newspaper published in the City of Dubuque, at which hearing the Council will hear any oUjectious and enter on record its final decision thereon. Passed, adopted attd approved this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R MURPHY, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. 238 Session, October 24th, 1938. Councilman Van Duelman moved the adoption of the resolutiou. Seconded by Couucilma^ 1Vharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen 11lurphy, Thompson, Van Duelman, Wharton. Nays-Noce. Resolution No, 113-36. Be It Resolved by the City Council of the City of Dubuque, that pursuant to a resolution No. 110-38, which was duly passed by this Council for the Drilling, casing, sealing and testing of a New Deep ~gell, located on Lot 503 or S04 Ham's Addition. Be and the same are hereby ordered constructed by this Council upon its own motion and with or without the petition of property owners. All the vvorlc shall be constructed in accord- ance with the plans and specifications heretofore adopted and now on file in the office of the City Clerk. Be It Further Resolved that the cost and expense of the said improvements be paid far by 4S°fo P. 1V. A. Grant and balance from City Water Department Funds. Be It Further Resolved that the City Clerk be and he is hereb}= ordered and directed to advertise for proposals fur the construction of the various improve- ments herein provided for in the mau- uer provided by law, the said improve- ments shall be completed on m• before the 1st day of 14fay, 1939. Be It Furtler Tt,esolved that this resolutiou being deemed urgent and of immediate necessity shall be in fot•ce and effect from attd after its passage and adoption by the City Council. Passed, adopted and approved this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUEL.\4AN, ALBERT 1VHARTON, GEO. R. MURPHY, F, W. TH0114PSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman tiVhartou. Carried by the following vote: Yeas-Mayor Clark, Couucihneu n~iurphy, Thompson, Van Duelman, 1Vhartou. Nays-None. Resolution No, 114-38. 1Vhereas, application for Class °B" Beer Pet•mit has been submitted to this Council for approval and the same has been exemaiued; 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- cants shall be forthwith inspected. Class "B" Permit. Name Address Arthur J. Spahn and Raymond 1Vright (Transfer of address from 1696 Central Avenue), 428 West I,o- cttst Street. Passed, adopted and approved this 24th day of October, 1938. CARL, A. CLARK, Mayor. FRANK VAN DUELI4IAN, ALBERT WHARTON, G;~0. R. MURPHY, F. W. TH014iPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Thompson. Carried by the following vote; Yeas-Mayor Clatk, Councilmen Murphy„ Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 115-38. Whereas, heretofore application was filed by the within named applicants for Class "B" Beer Permit and it has received the approval of this Council; and Whereas, the premises to be occupied by them have been inspected and found to cotnply with the ordinances of this City and they have filed a proper bond; Naw, 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 Arthur J. Spahn and Raymond Wright (Transfer of address fi•otn 1696 Central Avenue), 428 1Vest Lo- cust Street. Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted attd approved this 24th day of October, 1938. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Cleric. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Cat•ried by the following vote: Yeas-Mayor Clark, Councilmen hlurph}~, Thompson, Van Duelman, Wharton. Nays-None. October 24, 1938, To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Mrs, Oscar Williams Gentlemen: On February 15, 1938, there was filed with the City Clerk, claim of &Trs. Oscar Williams, for damages iu the sum of $200.00 on account of injuries received on her alleged fall ou icy side- walk at the intersection of Thirteenth and Central Avenue, on February 1, 1938, which claim was, thereafter, re- ferred to the City Solicitor for inves- tigation and report. I beg to advise that I have completed investigation of this claim and of the Special Session, October 24th, 1938. 239 facts and circumstances surrounding the'same, and from all of the evidence adduced I find no liability on the part of the City of Dubuque, attd, therefore, recommend that the claim be disal- lowed, Yours very truly, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitot• Nelson be approved, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vatt Duelman, Wharton. Nays-None. October 24, 1938, To the Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Emory F, Healy. Gentlemen: On Marcl 21, 1938, there was filed with the City Clerk the claim of Emory F. Healy, for damages on account of alleged injuries sustained in a fall upon the sidewalk on the Northeast corner of Ninth and White Streets ott Janu- ary 25, 1938, which claim was referred to the City Solicitor for investigation and report. I beg to advise that I have tttade complete investigation of this claim attd of the circumstances of the same and from the evidence adduced, I find no liability on the part of the city, and, therefore, recommend that the claim be disallowed. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved. Seconded by Coun- cilman Thompson. Carried by the fol- ]owiug vote: Yeas-Mayor Clat•k, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None. There being no further business Councilman Vau Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved _____________________ 1938. Adopted _______________________ 1938. Councilmen: ______________ Attest: ----------------------------- Cit}~ Clerk.