1937 September Council Proceedingsecial Session, September 2nd, 1937 221
City Council
(Official)
Special Session, Septembet• 2nd.
1937.
Council met at 4:50 p.m,
Present-Mayor Chalmers, Coun
cilmen Bennett, Kane, Murphy
City Manager Rhomberg.
Absent-Councilman Clark,
Meeting called by order of Coun
cilmen Murphy and Bonnett.
Mayor Chalmers read the cal
and stated that service thereof hoc
been duly made and that this meet
ing is called for the purpose of
considering the communication o1
City Manager Rhomberg advising
the City Council of his action in
suspending Carl Walker, a machine
operator, in the employ of the
street department for a period o1
five days and acting on any other
business as may properly come be•
fore a regular meeting of the City
Council.
September 1st,, 1937
Honot•able Mayor and City Council,
Dub'nque, Iowa,
Gentlemen:
This is to inform you that I have
this day, September i, suspended
Carl Walker, a machine operator in
the employ of the street depart-
ment for five (5) days.
Mr. Walker has been suspended
for disobeying the t•ules of the de-
partment. The specific charge is
his continued use of a city car for
going home to his dinner From the
grading job on which be is em•
ployed
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Kane moved that the
communicatidn of City Manager
Rhomberg be made a matter of
record. Seconded by Councilman
Bennett, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Sennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
Resolution No, 101-37
WHEREAS, the City Manager
has suspended Car] Walker, a civil
service employee under his juris-
diction, for a period of five (5) days
on account of disobedience of or-
ders; and
WHEREAS, such suspension has
been reported by the Manager to
this Council, as provided by late;
and
WHEREAS, this Council has con•
sidet•ed the facts and merits of the
cause upon which such suspension
was based and finds that the action
of the Manager in ordering such
suspension was justified; NOW,
THEREFORE,
Be it resolved by the Council of
the City of Dubuque that the sus-
pension of Carl Walker by the
City Manager for a period of five
(5) days be and the same is hereby
approved and affirmed,
Bo it further resolved that the
Clerk cause to be served upon said
Carl Walker a copy of this resolu•
tion forthwith,
Passed, adopted and approved
this 2nd day of September, 1937.
JOHN K. CHALMERS,
Mayor.
M. R. KANE,
GEO. R. MURPHY,
A. M. BENNETT,
Councilmen,
Attest: J. J, SHEA,
City Clerk.
Councilman Bennett moved the
adoption of the resolution, Sec-
onded by Councilman Mut•phy. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
Claim of Richard Kaiser in the
amount of $20.00 for damages re-
ceived to the automobile of Laverne
Kascel, the said car being driven
by Richard Kaiser, caused in strik-
ing apartially covered manhole at
the southeast corner of 11th and
Jackson Streets, presented and
read.
Councilman Kane moved to refer
the claim to the City Solicitor.
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
Claim oP Paul P. Weis in the
amount of $400.00 for injuries re-
ceived in a fall on the north side
of Clterry Street, just east about
one-half block from Asbury Street,
presented and read,
Councilman Bennett moved to
refer the claim to the City Solicitor.
Seconded by Councilman Murphy.
Carried by the fallowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent--Councilman Clark,
Claim of Mrs. Christine Larson
in the amount of $1,600.00 far in-
juries received jn a fall on sidewalk
in ft•ont of No. 204 James Street,
presented and read.
Councilman Murphy moved to
ti~~~~
~u
222 Special Session, September 2nd, 1937
refer the claim to the City Solicitor'.
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Communication of Russell J.
Smith notifying Council that he is
going ahead and have his airplane
placed in the same condition that
it was in before he crashed in
making a landing at the Municipal
Airport; the crash being caused by
the condition of the field due to the
high weeds which we're allowed to
grow within the airport markers,
and that he would then present the
fall bill to the City Ceuncil for
payment, presented and read.
Councilman Bennett moved to
refer the communication to the
City Solicitor, Seconded by Coun-
cilman Murphy. Carried by the
following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Bond of Harry H. Howie, Build-
ing Commissioner, in the amount
of $1,000.00, presented for approval.
Councilman Bennett moved that
the bond be approved and placed on
file, Seconded Eby Councilman
Kane. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Communication of Good Will
Tours Committee, Dtibtrque Cham•
ber of Commerce, calling the atten-
tion of the City Council to the
Good Will Hour to cities and towns
in Northeastern Iowa on Septem•
ber 15th, and 16th., 1937, presented
and read,
Councilman Kane moved that
members of the City Council, who
desire to do so, be authorized to
attend the Good Will Tour on Sep-
tember 15th. and 16th„ 1937. Sec•
onded by Councilman Bennett. Car-
ried by the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays--None.
Absent-Councilman Clark.
Communication of D u b u q u e
Trades and Lalior Congress extend-
ing invitation to the City Council,
Police and Firemen, to participate
in the Labor Day Parade, presented
and read.
Councilman Murphy moved that
the invitation be accepted. Sec-
onded by Councilman Bennett. Car-
ried by the fallowing vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Communication of D u b u q u e
Trades and Labor Congress extend-
ing an invitation through the City
Council requesting that City Solici-
tor Czizek appear before the mem-
bers of their organization and ex-
plain the City Ordinances with re•
ference to peaceful picketing of a
factory where a labor strike is in
effect and also the closing of such
plants while collective bargaining
has not been adjusted, presented
and read.
Councilman Bennett moved that
the communication be received and
filed. Seconded by Councilman
Kane. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None. ~ ,
Absent-Councilman Clark.
Communication of Iowa Associa•
tion of Chiefs of Police extending
invitation to the Chief of Police,
Police Officers and Policewomen
to attend the convention to be
held in Clinton, Iowa, on Sept. 8th.
and 9th,, 1937, presented and read,
Councilman Bennett moved that
Chief of Police Giellis be authorized
to attend the convention to be held
in Clinton, Iowa, on Sept. 8th, and
9th„ 1937. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Communication of Amalgamated
Association of Street and Electric
Railway Employees, Division 329,
requesting that the City Council
again consider placing a traffic
light at the intersection of 22nd
Street and Central Avenue, pre•
rented and read.
Councilman Murphy moved to re•
fer the communication to the City
Council for future consideration.
Seconded by Councilman Kane.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark,
Communication of Ed, G. Rishell
making application for the position
`which will be in charge of the City
Dredge, presented and read.
Councilman Bennett moved to
refer the communication to the
Dock Commission. Seconded by
Councilman Murphy, Carried by the
following vote;
Special Session, September 2nd, 1937 223
Yeas-Mayor Chalmers, Ceuncil-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
Communication of W, L, Yokom,
Commodore, Sea Scout Ship No, 20,
sponsored by the American Legion,
requesting permission to use the;
what Nos, concession stand at the
beach as a club house for this or-
ganization, presented and read.
Councilman Kane moved that the
request be granted. Seconded by
Councilman Bennett, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
Petition of M. 7. O'Brien et al
requesting the City Council to de•
Clare and determine, as a business
district, all of` the lots adjacent to
and just west of the westerly street
line of Holly Street, between Rush
Street and Cleveland Avenue, pre-
sented and read,
Councilman Murphy moved to re•
fer the petition to the Planning and
Zoning Commission for their re-
commendation and report. Second-
ed by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays--None.
Absent-Councilman Clark.
Petition of Oscar Irmen et al
requesting the City Council to con-
tinue the resurfacing of West 28th
Street to Muscatine Street with the
same construction as the lower end
of West 28th Street, presented
and read,
Councilman I{one moved to re-
fer the petition to the City Mana-
ger. Seconded by Councilman Mur-
phy. Carried by the following
vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Petition of Frank C. Schublin et
al citizens and taxpayers living in
the vicinity of what is known as
the Milwaukee Shops District pro•
testing to a condition caused by the
Rock Wool Plant located in the
Milwaukee Railroad Yards off Gar•
field Avenue, presented and read,
Councilman Bennett moved to re-
fer the petition to the City Mana-
ger for investigation and report,
Seconded by Councilman Kane,
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, I{one, Murphy,
Nays-None.
Absent-Councilman` Clark.
Petition of Constielo McGee and
Helen C. Green, referred to the
City Council by the Board of Sup-
ervisors, requesting suspension or
remission of the 1936 taxes on the
southerly 38 feet of the north 79
feet of the south 129 feet of Lots 4,
5 and 6 in Kiene and Blocklinger
Subdivision, presented and read.
Councilman Bennett moved to
refer the petitfon to the City Solici-
tor for investigation and report.
Seconded by Councilman Kane,
Carried by the following vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Petition of Mrs. Anna Kolf, re•
(erred to the City Council by the
Board of Supervisors, requesting
suspension of the last half of the
1936 tax on Lot 1 of A, L, Brown's
Sub,, presented and read.
Councilman Bennett moved to
refer the petition to the City Solici-
tor for investigation and report.
Seconded by Councilman Kane.
Carried by the following vote:
Yeas--Mayer Chalmers, Council•
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Petition of Della C, Thul, re-
ferred to the City Council by the
Board of Supervisors, requesting
cancellation of the 1936 taxes on
Lot 3 and the south 2 feet 6 inches
of Lot 2 of Kleinschmidt's Sub.,
presented and read.
Councilman Bennett moved to r~
fer the petition to the City Solici•
for for investigation and report.
Seconded by Councilman Kane.
Carried by the following vote:
Yeas-Mayor Chalmers, Counci]•
men Bennett, Kane, Murpky. ,
Nays-None.
Absent-Councilman Clark.
Petition of J. J, Weber, referred
to the City Council by the Board
of Supervisors, .requesting suspen-
sion of the 1936 taxes on Lot 1 of
1 of 1 of 3 of L, H. Langworthy's
Addition, presented and read,
Councilman Bennett moved to re•
fer the petition of the City Solici-
tor for investigation and report.
Seconded by Councilman Kane.
Carried by the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None,
Absent-Councilman Clark.
Communication of Robert Bur-
lingame, Secretary to Governor Nel-
son G. Kraschel, enclosing certain
correspondence relative to an
alleged overcharge of tolls on the
Dubuque Bridge, presented and
read.
224 Special Session, September 2nd, 1937
Councilman Kane moved that the
communication be referred to the
City Manager to contact the offi-
cials of the Bridge Company for an
explanation of this incident. -Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Proof of publication, certified to
by the publishers, of a statement of
receipts and also a list of claims
for which warrants were drawn
during the month of July, 1937, pre-
sented and read.
Councilman Murphy moved that
the proof of publication be received
and filed, Seconded by Councilman
Benett. Carried by the following
vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None,
Absent-Councilman Clark.
Concession Agreement between
the City of Dubuque, Iowa, as
owner, and Ray J. Cosley, as Can-
cessionnaire, at the Municipal Ath-
letic Field for the outdoor summer
and fall seasons of 1937, presented
and read.
Councilman Kane moved that the
Concession Agreement be approved.
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None,
Absent-Councilman Clark.
August 18th, 1937
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen;
With reference to petition bf
John J., Edward J., and Charles J.
Plamondon requesting certain
changes in the Zoning Ordinance,
which matter was referred to the
Planning and Zoning Commission
on August 11th, the Planning and
Zoning Commission recommends
that the petition be denied for the
following reasons;
(1) This district is developing
as an ideal "Single Family" home
area, and in all such cases, it is the
policy of the Commission to pre-
vent, if possible, encroachment of
business.
(2) The lots in question are
only a black and a half away from
an established "Local Business"
district, thus there is no need of
another one so close.
(3) The Commission, as a mat-
ter of policy, does not approve
special zoning of one or two lots,
If there is a natural or logical rea-
son fora "Local Business" district,
it is the Commission's policy to
make the "Local Business" area
large enough, covering both sides
of the street, to avoid giving a
monopoly to a limited number of
citizens as well as to limit damage
to nearby residential property, The
Commission does not believe such a
natural trend prevails in this dis•
trict,
(4) As a rule such limited re-
zoning as requested usually harms
more property owners in the dis-
trict than are benefited,
(5) Had the Zoning Ordinance
been in effect at the time, the old
station could not have gone in
this residential location. To pre•
vent such encroachment of busi-
ness on residential areas is one of
the primary functions of Zoning.
Trusting that this information
will serve to indicate to your honor-
able body no desire on the part of
the Planning and Zoning Commis-
sion to be unfair or arbitrary,, but
only a desire to hold to a firm
policy for the future improvement
and development of our city, we
remain
Respectfully yours,
PLANNING AND ZONING
COMMISSION,
By R, V, McKay,
Secretary.
Councilman Murphy moved that
the communication of the Planning
and Zoning Commission be made
a matter of record and the petition
of John J., Edward J., and Charles
J. Plamondon be referred to the
City Council, Seconded by Council-
man Dane. Carried by the follow-
ing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clarlc.
September 2, 1937
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
The petition of the A, Y, Mc•
Donald Manufacturing Company
for permission to raise the grade of
Second Street to remedy the un-
satisfactory condition of their new
loading platform having been re•
ferred to me on August 2, I submit
the following report after proper
investigation,
The loading platform on Second
Street is not usable because of the
very steep ramp where the ap•
proach to the loading platform
meets the briclz surface of Second
Street as shown on the attached
scale drawing. I recommend that
your honorable body grant permis-
Special Session; September 2nd, 1937 22S
slon to the A, Y. McDonald Manu•
facturing Company to relay the
brick surface of Second Street from
the center of the street north to
the edge of the ramp at the base
of the loading platform, so as to
form a uniform slope from the
ramp to the center of the street.
This recommendation is made with
the understanding that the entire
job be done at the expense of the
A. Y. McDonald Manufacturing
Company under city supervision
according to plans and specifica-
tions prepared by the city,
Respectfully submitted,
A, A, RHOMBERG,
City Manager,
Councilman Kane moved that the
recommendation of City Managsr
Rhomberg be approved. Seconded
by Councilman Bennett, Carried by
the fallowing vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
September 2, 1937
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
At the session of the City Council
held August 2, the communication
of C. J. Krajewski requesting that
the Maizewood Insulating Company
be permitted to erect a loading
platform extending five and one-
half (5~y) feet on Salina Street,
was referred to the City Council to
review the grounds. Since the Couri-
cil was unable to review the
grounds promptly the builiding
commissioner and myself examined
the proposed work and by contact-
ing the members of the council in•
dividually, permission was secured
for the erection of the loading plat-
form on public property.
I bring this to your attention at
this time so that the necessary pro-
ceedings be made a matter of
record.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Kane moved that the
decision of the City Council be
approved and the City Solicitor to
be instructed to draw up the proper
proceedings, Seconded by Council-
man Bennett. Carried by the fol- '
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Resolution No, 102-37
WHEREAS, applications for
Class "B" Beer Permits have been
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submitted to this Council for ap•
proval and the same have been
examined, NOW, THEREFORE,
BE IT RESOLVED by the Coun•
cil of the City of Dubuque that the
Following applications be and the
same are hereby approved and it is
ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT
Henry Olesan, 212 West 1st St,
Percy L, Smith, 678 Central Ave,
Passed, adopted and approved
this 2nd day of September, 1937.
JOHN K. CHALMERS,
Mayor,
M. R. KANE,
GEO, R, MURPHY,
A, M. BENNETT,
Councilmen.
Attest; J. J. SHEA,
City Clerk,
Councilman Bennett moved the
adoption of the resolution. Sec-
onded by Councilman Murphy, Car•
ried by the following vote;
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
Resolution No. 103-37
WHEREAS, heretofore applica-
tions were filed by the within
named applicants for "B" Beer Per-
mits and they received the approval
of the Council; and
WHEREAS, the premises to 'be
occupied by them have been in-
spected and found to comply with
the ordinances of this City hnd they
have filed a proper 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
Henry Oleson, 212 West 1st St.
Percy L, Smith, 678 Central Ave,
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are herewith
approved.
Passed, adopted and approved
this 2nd day of September, 1937.
JOHN K. CHALMERS,
Mayor,
M, R. KANE,
GEO. R, MURPHY,
A, M. BENNETT,
Councilmen.
Attest: J. J. Shea,
City Clerk,
Councilman Bennett moved the
adoption of the resolution. Second-
226 Special Session, September 2nd, 1937
ed by Councilman Murphy. Car-
ried by the following vote::
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clarlt.
Verbal report of City Solicitor
Czizek recommending the settle-
ment of tho claim of Jos, B. Lultens
in the amount of $50.00 for damages
to his property caused by blasting
in the quarry on Cox Street, pre-
sented,
Councilman Bennett moved that
the recommendation of City Solici-
tor Czizek be approved and that a
warrant in the amount of $50,00 be
ordered drawn on the City Trea-
surer in favor of Jos, B, Lukens as
settlement in full of his claim for
damages to his property caused
by blasting in the quarry on Cox
Street, Seconded by Councilman
Bane. Carried by' the following
vote:
Yeas-Mayor Chalmers, Council•
men Bennett, I{one, Murphy.
Nays-None,
Absent-Councilman Clark.
Verbal report of City Solicitor
Czizek recommending the settle-
ment of the claim of Leo J. Sulli-
van in the amount of $40.00 for
damages to his property caused by
blasting in the quarry on Cox St.,
presented.
Councilman Bennett moved that
the recommendation of City Solici-
tor Czizek be approved and that
a warrant in the amount of $40.00
be ordered drawn on the City
Treasurer in favor of Leo J, Sulli-
van as settlement in full of his
claim for damages to his property
caused by blasting in the quarry on
Cox Street. Seconded by Council-
man Kane. Carried by the follow-
ing vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Verbal report of City Solicitor
Czizek recommending that Ray
Mills be granted a refund in the
amount of $26.16 for penalty
charges paid on delinquent special
assessments levied against Lot 39
of O'Neill's Snb. No. 3, Fund No.
903, presented.
Councilman Kane moved that the
recommendation of City Solicitor
Czizek be approved and a warrant
in the amount of $26,16 be ordered
drawn an the Special Bonded Fund
in favor of Ray Mills to cover the
amount of refund granted. Sec-
onded by Councilman Bennett, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
The following decisions of the
City Council relative to various tax
petitions requesting suspension of
taxes presented for Council ap-
proval: Mrs. Margaret E. Hogan
requesting suspension of the 1936
taxes on the north ~ eP City Lot•
326, request granted; I{ate S: Lund-
beck requesting suspension og the
1936 taxes on Lot 242 Woodlawn
Park Addition and Lot 11 Cox's
Addition, request granted; Julia
Clark requesting suspension of the
1936 taxes on Lots 3 and 4 Sub, of
Out Lot 682, request granted.
Councilman Bennett moved that
the decisions of the City Council
be approved and the Board of
Supervisors to be notified of the
action of the City Council. Sec-
onded by Councilman Murphy, Car-
ried by the following va>re:
Yeas-Mayor Chalmers;~~•Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clarlc,
Resolution No. 104-37
Resolution and Application for
authority to transfer $5500 from the
Emergency Fund of the City of
llubuque to the Dock Fund,
WI3EREAS there exists in the
City of Dubuque a Board of Dock
Commissioners which has jurisdic-
tion and control of Dock Property,
including the Harbor and water
fronts of said City; and
WHEREAS for several years the
harbor has been filling up with
silt and mud So that it has become
useless for the harboring of water
craft and other purposes incident
to the proper operation of the
llocks; and
WHEREAS, in order to clear out
and dredge said harbor and to make
other improvements related to the
operation of the Docks at Dubuque,
the City of Dubuque purchased and
caused to be built a dredge at a
cost of approximately $30,000.00
which dredge will be ready Ear use
and operation not later than Sep-
tember 1st, 1937; and
WHEREAS competent engineers
have determined that to dredge the
harbor and make certain other con-
templated improvements, it will
require three months or more of
two-shift operations, all of which
work will be done commencing on
or about September 1, 1937, and
continuing until the river and har-
bor becomes frozen over with ice;
and
WHEREAS the purchase of the
Special Session, September 2nd, 1937 227
dredge and the doing of the work
herein described was not contem-
plated when taxes were levied in
the year 1936 and as a result no
taxes were levied for the Dock
Fund and the income from the
operation of the Docks is wholly
insufficient to pay the expense now
required to be paid for such pur-
pose; and
WHEREAS it is now evident that
unless funds are made available by
a transfer from the Emergency
Fund to the Dock Fund it will be
impossible to da the work for which
said dredge was acquired and the
investment of the City in said
equipment will be jeopardized; and
WHEREAS THERE is now in
the Emergency Fund of said City
the sum of $15,410,37; and
WHEREAS there is no money in
the Doclt Fund; and
WHEREAS before any transfer
can be made from the Emergency
Fund to the Dock Fund an applica-
tion must be made to the State
Comptroller for authority to make
the transfer and his approval se-
cured thereon; NOW T H E R E-
FURE,
BE IT RESOLVED by the City
Council of the City of Dubuque
that, subject to the approval of the
State Comptroller; there be and
there is hereby transferred from
the Emergency Fund of the City
of Dubuque to the Dock Fund of
said City of the sum of $5,500.00
which is now in the hands of the
City Treasurer and the State Comp•
troller is hereby petitioned to auth-
orize such transfer.
BE IT FURTHER RESOLVED
that when such approval has been
received from said State Comp•
troller that the Auditor and Trea-
surer correct their books accord-
ingly,
Passed, adopted and approved,
this 2nd day of September, 1937.
JOHN K, CHALMERS,
Mayor.
M, R. KANE,
GEO. R. MURPHY,
A. M. BENNETT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Approval
Thee fot'egoing resolution and
petition for transfer of funds be
and the same is hereby approved
this ........ day of September, 1937,
State Comptroller.
Councilman Kane moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
There being no further business
Councilman Bennett moved to ad•
journ. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Naps-None,
Absent-Councilman Clark.
J. J. SHEA,
City Clerk.
Approved' ..................................1937,
Adopted ....................................1937.
Councilmen : l .....................................
Attest : ................................................
City Clerk.
228 Regular Session, September 6th, 1937
Hoard of Health
(Official)
Special Session, September 2nd,,
1937.
Board met at 6;30 p.m.
Present-Chairman John K, Chal-
mers, Messrs. A. M. Bennett, M. R.
Kane and Geo. R. Murphy,
Absent-Mr. Carl A. Clark.
Communication of W. J. Connell,
Registrar of Vital Statistics, in-
forming the Board of Health that
his appointment as Registrar of
Vital Statistics expired on August
17th., presented and read.
Mr. A. M, Bennett moved that
W. J. Connell be reappointed as
Registrar of Vital Statistics for a
term of four years, said term to
expire August 17th, 1941. Seconded
by Mr, Geo. R. Murphy. Carried by
the following vote:
Yeas-Chairman John K. Chal-
mers, Messrs, A, M. Bennett, M. R.
Kane, Geo, R. Murphy,
Nays-None.
Absent-Mr. Carl A. Clark,
There being no further business
Mr, M. R. Kane moved to adjourn.
Seconded by Mr. Geo. R, Murphy.
Carried by the following vote:
Yeas-Chairman John K. Chal-
mers, Messrs. A. M. Bennett, M. R.
Kane, Geo. R. Murphy,
Nays-None,
Absent-Mr, Carl A, Clark.
J. J. SHEA,
Clerk, Board of Health.
Approved ..................................1937.
Adopted ....................................1937.
Attest : ...............................................
Clerk, Board of Health.
City Council
(Official)
Regular Session, September 6th,
1937.
No membet~ of the Council be-
ing present on roll call the meet-
ing was postponed subject to call.
J. J. SHEA,
City Clerk.
Approved ..................................1937.
Adopted ....................................1937.
Councilmen : .....................................
City Clarlt.
Adjourned Regular Session, September 7th, 1937 229
City Council
(Official)
Adjourned Regular Session, Sep-
tember 7th, 1937,
Council met at 7:40 P. M,
Present-Mayor Chalmers, Coun-
cilmen Bennett, Clarlt, Kane, Mur-
phy, City Manager Rhomberg.
Mayor Chalmers stated that this
meeting is an adjout•ned meeting
of the regular meeting of Septem-
ber 6th, 1937, for the purpose of
acting upon such business as may
properly come before a regular
meeting of the City Council,
Councilman Kane moved to sus-
pend the rules for the purpose of
allowing any one present in the
Council Chamber, who wishes to
do so, to address the Council. Sec-
onded by Councilman Clarlt. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Attorney Ray Licklider address-
ed the Council requesting that the
petition of Consuelo McGee and
Helon C. Green requesting cancel-
lation or suspension of their 1936
taxes be granted.
Mr. B. A. Ritegnitz addressed
the Council relative to the gas
fumes in the neighborhood of the
Mihvaultee Shops and caused by
the Rock Wool Plant and request-
ing the Council to take action to
have the same abated.
Mr, Pau] Mathis addressed the
Council requesting that a Stop and
Go signal light be installed at 22nd
Street and Central Avenue.
Mr. A. H, Richards addressed
the Council requesting that Abbott
Street be extended and also that
the one block of Abbott Street be
properly graded.
Communication of Harold Neu-
bauer submitting an offer of
$400.00 for the purchase of the
Sutherland property on West Lo-
cust Street and now owned by the
City of Dubuque, presented and
read.
Councilman Bennett moved that
the offer be accepted 'and the City
Solicitor to be instructed to pre-
pare acontract covering the sale
of said property. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Chalmors, Council-
men Bennett, Clark, Kane, Murphy, ~'
Nays-None.
Petition of John L. Decltert, own-
er of Lot 19 of Yates Subdivision,
requesting that sewer and water
be constructed in West 16th Street,
presented and read.
Councilman Kane moved to refer
the petition to the City Manager
for investigation and report, Sec-
onded by Councilman Clark, Car•
tied by the following vote:
Yeas-Mayor Chalmers, Coun-
cilmen Bennett, Clark, Kane, Mur-
PhY,
Nays-None.
Petition of Nick Grommersch et
al requesting that Sabula Street
be extended to Burlington Street,
presented and read,
Councilman Kane moved to refer
the petition to the City Manager
for investigation and report. Sec-
onded by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bonnett, Clarlt, Kane, Murphy.
Nays-None, '
Petition of Roy Vandervate re-
questing permission to construct a
three-foot cement sidewallt along
his property on the south side of
Clinton Street, presented and read.
Councilman Clark moved that
the Prayer of the petition be grant-
ed. Seconded by Councilman Ben-
nett. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
Petition of Irvin L. Godar et al
requesting the installation of Stop
and Go lights at the intersection
of 17t1t Street and Central Avenue
and also at the intersection of 22nd
Street and Central Avenue, pre-
sented and read.
Councilman Kane moved to refer
the petition to the City Council for
future considet•ation, Seconded by
Councilman Bennett. Carried by
the fallowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-Nano.
Petition of Roy Brammet• t•e-
questing that proper consent and
permit be granted for the erection
of a store building on the north-
west corner of Julien Avenue and
Mt. Pleasant Street on Lot 1 (ex-
cepting the north 10 feet thereof)
of Lot 2 of the east ~ of Lot 30;
northerly 10 feet of Lot 2 of Lot
1 of east 1/2 of Lot 30; Lot 1 of 1
pf the east 1/s of Lot 30; all in
Mt. Pleasant Addition, presented
and read.
Councilman Kane moved, that
the petition be refert•ed to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Councilman
I,
'i
;;~~~I
i~~
~;;li, I
~~~
•
,,,~
x
~~~ 'jb~l
~~ 918~~
p i„~~
~'~~
yil 1 AI
~I ~i ~, I
~'
230 Adjourned Regular Session, September 7.th, 1937
Clark. Carried by the following
vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None.
Petition of Conlon Hudson Com-
pany requesting permission to con-
struct athree-quarter inch airline
across the alley from their build-
ing at 650 Iowa Street to their
body shop, presented and read.
Councilman Clark moved to re-
fer the petition to the City Man-
ager for investigation and report.
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
menBennett, Clarlc, Kane, Murphy.
Nays-None.
Communication of Board of
Education enclosing 'a resolution
adopted by said Board of Educa-
tion petitioning the City Council
to extend Avoca Street from Sem-
inary Street to Kaufmann Avenue,
presented and read.
Councilman Bennett moved to
refer the communication to the
City Council to view the grounds.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Petition of residents of Abbott
Street, Cottage Place and Lowell
Street again requesting the City
Council to extend Abbott Street
from Lowell Street to Seminary
Street, a distance of one block,
and further requesting that the
present black of Abbott Street be
properly graded, presented and
read.
Councilman Murphy moved to
refer the petition to the City Coun-
cil to view the grounds. Seconded
by Councilman Clark, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Council Proceedings for the
months of June and July, 1937, pre-
sented for approval.
Councilman Bennett moved that
the Council Proceedings for the
months of June and July, 1937, be
approved as printed, Seconded by
Councilman Kane. Carried by the
following vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None.
Report of the Board of Health
for the month of July, 1937, pre-
sented.
Councilman Bennett moved that
the report of the Board of Health
far the month of July, 1937, be re-
ceived and placed on file. Second-
ed by Councilman Murphy, Carried
by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
September 7, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa,
Gentlemen: The petition of Her•
Bert A, and Grace E. Kennison re-
questing the installation of an 8"
sewer and a 4" water main in Mt.
Vernon Court was referred to me
by the City Council an August 9th.
I have examined both the plans
of Mr. Kennison and the street lay-
out of Mt. Vernon Court, Asa mat-
ter of policy T am opposed to the
levying of a special assessment to
cover improvements on properties
that are owned wholly by one per-
son, However, should the Council
see fit to permit the sewer and
water improvements to be done by
special assessment, I recommend
that no lift pump be put on a
sewer system to supply but ten
lots, The cost of maintaining such
a lift pump would be too great con-.
sidering the small number of lots
to be benefitted. Abetter plan fm•
providing sewerage for this sub-
division would be to run the main
from the west end of the property
underneath Overview Court to con-
nect with the Plymouth Street
sewer. In order to do this ease-
ments would be necessary threugh
the private property between Mt.
Vernon Court and Plymouth Street.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Kane moved that
the petition of Herbert A, and
Grace E. Kennison he denied. Sec-
onded by Councilman Clark. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Clark, Kane, Murphy.
Nays-None,
September 7, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa,
Gentlemen: At the session of
the City Council held July 13, 1937,
the request far the installation of
a street light on the corner of
Liricoln Avenue and Stanton Street
was referred to the City Manager
for report and recommendation.
I have examined this corner and
recommend that no light be in-
stalled. The condition complained
of is caused largely because of
the number of trees growing at
this point.
Adjourned Regular Session, September 7th, 1937 231
The City of Dubuque can ill af-
ford to pay for the lights that they
now have in operation. When the
income from the 11/4 mill levy is
approximately $41,000.00 and the
expenditures for the fiscal year
1936-1937 were approximately
$60,000,00, serious consideration
should be given to the possibility
of doing with less lights rather
than with more lights.
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councilman Kane moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
meu Bennett, Clark, Kane, Murphy,
Nays-None,
September 7, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa,
Gentlemen: At the C o u n c i l
meeting of July, 13, 1937, the mat-
ter of the frame sheds and barn at
1705 Algona Street, owned by An-
na Hinze, was referred to me to
work out some plan to remedy the
condition.
I m.et with Mrs. Hinze on several
occasions and on August 7th she
agreed that not later than 60 days
from that date she would take out
a building permit for the rebuild-
ing of the structures in conformity
with the Building Code. She pro•
poses to tear dawn the present
buildings and use whatever ma-
terial can be salvaged in their r'e-
erection.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Bennett moved that
the commnnication of City Manager
Rhomberg be made a matter of
record. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
September 7, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: At the meeting of
the City Council held July 19, 1937,
the private fire alarm bell system
used by six firms was ordered out
of the Fire Department headquar-
ters at 9th and Iowa Streets on or
before the expiration of 60 days.
Since that time some of these
firms and several others have ask-
ed that some provision be made
far connecting their establish-
ments with Fire Alarm headquar-
ters at 18th and Central Avenue,
Suggestions have been made that
various sprinkler systems ba con-
nected with Gamewell and similar
equipment to the city firo alarm
circuit. Others have asked that
telephone connections be permitted
to the Fire Alarm headquarters.
The National Board of fire
Underwriters do not favor the con-
nection of private systems to the
municipal circuit or to the Fire
Alarm headquarters unless the
same are supervised and maintain-
ed in the same manner that the
city awned circuits are supervised
and maintained. Attached hereto
is the correspondence that Wm.
Ryan, the Fire Chief, has received
from the National Board of Fire
Underwriters and the Iowa Insur-
ance Rating Bureau pertinent to
this matter, also a tabulation of
haw fire alarms have been received
over a period of ten years. In this
connection it is interesting to note
that most alarms are received by
the Fire Department over the or-
dinary telephone circuits.
After discussing this situation
with Firo Chief Ryan, I recommend
that the connection of private sys-
tems to the municipal circuit be
discouraged and that should the
Council see fit to permit telephone
cable connections to onter the Fire
Alarm headquarters, that the same
be done by an underground connec•
tion as required by the Fire Under-
writers a.nd that in no event should
the extra wiring now unused in
the city cable be used by any pri•
vote firm. I feel that these extra
wires are a reserve supply that
can be cut in due to a failure of
any of the circuits in use and also
can be used in the future should
additional municipal circuits be
necessary,
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councilman Clark moved that
tha recommendation of City Man-
ager Rhomberg be approved, Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-Nona.
Resolution No. 105-37
WHEREAS, applications for
Beer Permits have been submitted
to this Council for approval and
the same have been examined:
NO1V, THEREFORE,
BE IT RL+'SOLVED by the Coun•
cil of the City of Dubuque that the
232 Adjourned Regular Session, September 7th, 1937
following applications be and the
same are hereby approved and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT
Viola Grode, 1643 Central Ave-
nue.
CLASS "C" PERMIT
Lester Willis, 1260 West 3rd St.
Passed, adopted and approved
this 7th day of September, 193x.
JOHN K. CHALMERS,
Mayor.
CARL A, CLARK,
M. R. KANE,
CEO. R. MURPHY,
A. M. BENNETT,
Councilmen.
Attest: J, J. SHEA,
City Clerk.
Councilman Bennett moved the
adoption of the resolution. Sec-
onded by Councilman Clark. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennott, Clark, Kane, Murphy,
Nays-None.
Resolution Na. 106-37
WHEREAS, heretofore applica•
lions were filed by the within
named applicants for Beer Permits
and they received the approval of
this Council; and
VGHERI.AS, the premises to be
occupied by them have been in-
spected and found to comply with
the ordinances of this City and
they have filed a proper bond:
NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that the
Manager be and he is hereby
directed to issue to the following
named persons a Beer Permit,
CLASS "B" PERMIT
George Rettenmaier, (renewal),
1100 Lincoln Avenue.
Frank Spielman, (renewal), 1464
Central Avenue.
Dubuque Lodge No, 355 Loyal
Order of Moose, (renewal), 1379
Ceutral Avenue,
Vern Okey, (renewal), 2249
Prince Street.
Viola Grode, (new), 1643 Central
Avenue.
CLAS"a °C" PERMIT
T. J. Magee Est. (Fred Hickson,
Mgr.) (renewal), 846 Central Ave-
nue.
Lester Willis, (new), 1260 West
3rd Street.
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved,
Passed, adopted and approved
this 7th day of September, 1937.
JOHN K. CHALMERS,
Mayor,
CARL A. CLARK,
M. R. KANE,
GEO. R. MURPHY,
A, M. BENNETT,
Councilmen,
Attest: J. J. SHEA,
City Cleric,
Councilman Murphy moved the
adoption of the resolution. Sec•
onded by Councilman Kane. Car•
ried by the following vote;
Yeas-Mayor Chalmers, Council-
men Benuett, Clark, Kane, Murphy.
Nays-None,
Tho following decisions of the
City Council relative to various tax
petitions requesting remission and
suspension of taxes presented for
Council approval: Mrs. Anna Fatka
Boesen requesting suspension of
the 1936 taxes on Lot 25G and south
15 feet 2 inches of Lot 255 East
Dubuque Addition, request
granted; Joseph Sittet•ly requesting
suspension of the 1936 taxes on Lot
44 of Stafford's Addition, request
granted; Jacob Link requesting sus-
pension of the 1936 taxes on Lots
99 and 100 of Finley Add., request
granted; J. J. Weber requesting
suspension of the 1936 taxes on the
north 50 feet of Lot 1 of the Sub. of
Lot 1 of 1 of 3 of L, H, Langwor-
thy's Add,, request granted; Con-
suelo McGee and Helen Green re•
questing remission or suspension
of the 1936 taxes on the southerly
38 feet of the north 79 feet of the
south 129 feet of Lots 4, 5 and 6 in
Kiene and Blocklinger's Subdivi-
sion, granted suspension.
Councilman Kane moved that the
decisions of the City Council be
approved and the Board of Super-
visors to be notified of the action
of the City Council. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Benuett, Clark, Kane, Murphy.
Nays-None,
Councilman Kane moved that
Mrs, Mildred Cords be granted a
refund in the amount of $38.16 for
penalty charges paid on delinquent
special assessments on Lots 190
and 191 of Woodlawn Park Addi•
lion, Fund 898, and that the City
Auditor be instructed to draw a
warrant on the Special Bonded
Fund in the amount of $38.16 in
favor of Mt•s. Mildred Cords to
cover the amount of refund grant-
ed. Seconded by Councilman Clark.
Carried by the following vote:
Yeas-Mayor Chalmers, Couucil-
cial Session, September 13th, 1937 233
men Bennett, Clark, Kane, Murphy.
Nays-None.
There being no further business
Councilman Clark moved to ad-
journ. Seconded by Councilman
Kane. Carried by the following
vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
J. J. SHEA,
City Clerk,
Approved ..................................1937.
Adopted ....................................1937,
Councilmen l .....................................
Attest : ...............................................
City Clerk.
City Council
(Official)
Special Session, September 13th,,
1937.
Council met at 4; 45 p,m,
Present-Mayor Chalmers, Coun-
cilmen Clark and Murphy, City
Manager Rhomberg.
Absent-Councilmen Bennett and
Kane.
Meeting called by order of Mayor
Chalmers and Councilman Clark.
Mayor Chalmers read the call and
stated that service thereof had
been duly made and that this meet-
ing is called far the purpose of con-
sidering whether or not the posi-
tion of Building Commissioner
comes under the scope of the Civil
Service Act and acting on any
other business as may properly
come before a t•egulat• meeting of
the City Council,
Petition of L. A. Nordin, Manager
Dubuque Exchange of Northwest•
ern Bell Telephone Company, re-
questing permission to string a
banner from its building located
at 824 Locust Street, across Locust
Street to the building on the other
side of the street, presented and
read.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Clark. Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Clark and Murphy,
Nays-None,
Absent-Councilmen Bennett and
Kane.
Petition of Jahn Ramsey request-
ing that he be granted an excava-
tion permit without charge for the
installation of a sewer connection
at 4D3 Klingenberg Terrace, pre-
sented and read,
Councilman Clark moved to refer
the petition to the City Manager,
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Chalmers, Council•
men Clark and Murphy,
Nays-None,
Absent-Councilmen Bennett and
Kane.
Petition of Jacob A. Hertner, by
L. Hertner, referred to the City
Council by the Board of Supervis•
ors, requesting suspension of the
1936 taxes on Lot 1 of 5 of Staf-
ford's Addition, presented and read.
Councilman Murphy moved to
refer the petition to the City Solici-
tor for investigation and report.
Seconded by Councilman Clark.
Carried by the following vote:
234 Special Session, September 13th,
Yeas-Mayor Chalmers, Council•
men Clark and Murphy,
Nays-None,
Absent-Councilmen Bennett and
Kane.
September 13, 1937,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
Attached hereto is a letter re•
ceived from L. E, Taylor concern-
ing the State Automobile Insurance
Association safety signs that have
recently been erected in Dubuque,
I bring this matter to your atten•
tion because of a number of com•
plaints along the same line that I
have received recently,
The matter involved is one that
calls for the decision of the Coun-
cil.'
Respectfully submitted,
A. A, RHOMBERG,
City Manager,
Councilman Murphy moved to re-
fer the communication of City Man-
ager Rhomberg together with the
communicafion of L. E. Taylor to
the City Solicitor for a report as
to the legality of the erection of
said signs. Seconded by Qouncil-
man Clark. Carried~by'the follow-
ing vote:
Yeas-Mayor Chalmers, Council-
men Clark and Murphy,'
Nays-None,
Absent-Councilmen Bennett and
Kane.
September 13, 1937.
To the Honorable Mayor
and City Council,
Dubuque, Iowa,
Gentlemen:
I am submitting herewith reports
of the City Auditor, City Treasurer
and City Water Department for the
month of August, 1937, also list of
claims and list of payrolls for
which warrants were issued during
the month of August, 1937.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the reports be received and placed
on file. Seconded by Councilman
Clark. Carried'by the following
vote: "
Yeas-Mayor Chalmers, Council•
men Clark and Murphy.
'Nays-None,
Absent-Councilmen Bennett and
Kane.
Resolution fro, 10~--37
WHEREAS, application for Class
"B" Beer Permit has been sub-
mitted to this Council for approval
and the same has been_ examined:
NOW, TTIER~FO$);,
BE I~' RESOLVED by the Coun-
cil of the City of Dubuque that th'e
following application be and' the
same is hereby approved and it is
ordered that the premises to tie
occupied by Such applicant shall be
forthwith inspedted,
CLASS "B, " PERMIT
Jahn A. Hochberger, 1701 Asbury
Street.
Passed, adopted and approved
this 13th day of September, 1937,
JOHN K, CHALMERS,
Mayor.
CARL A. CLARK,
GEO, R. MURPHY,
Councilmen.
Attest; J. J. SHEA,
City Clerk.
Councilman Clark moved the
adoption of the resolution. Sec•
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council•
men Clark and Murphy.
Nays-None.
Absent-Councilmen Bennett and
I{one,
Resolution No. 108-37
WHEREAS, heretofore applies~
lions were filed by the within
named applicants for Class "B"
Beer Permits and they received the
approval of this Council; and
WHEREAS, the premises to be
occupied by them have been in-
spected and found to comply with
the ordinances of this City and they
have filed a proper bond; NOW,
THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that the
Manager be and he is hereby
directed to issue to the following
named persons a Beer Permit,
CLASS "B" PERMIT
Frank Wilberding, (renewal),
198 Main Street.
John A. Hochberger, (new), 1701
Asbury Street,
BE IT FURTHER RESOLVED
that the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 13th day of September, 1937.
JOHN K, CHALMERS,
Mayor.
CARL A. CLARK,
GEO. R. MURPHY,
Councilmen.
Attest; J. J, SHEA,
City Clerk.
Councilman Clark moved the
adoption of the resolution, Sec-
onded by Councilman Murphy. Car•
ried by the following vote;
Yeas-Mayor Chalmers, Council-
men Clark and Murphy,
Special Session, September 13th, 1937 235
Nays-None,
Absent-Councilmen Bennett and
Kane.
Councilman Murphy moved that
Wm,'Holmberg lie granted' a refund
in the amount of $80.15 for penalty
charges paid on delinquent spbeial
assessments levied agaiust Lot
2 of 2 'bf Linhein's'Addition,' Ftiud
646; aril that a' war4•ant in the
amount of $,80,15 be' ordered drawn
ou tfl'e' Special Bonded Fund in
favor of Wm, Holmberg to cover
the amount of rAfund'gr2nted. Sec-
onded b~ 'Councilman Clark. Car•
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Clark and, Murphy. .
Nays-N6ne, ' "'
Absent-Councilmen Bennett and
Kane.
The following decisions of the
City Council' relative to various
tax' petitions requesting cancella•
lion and suspension of taxes pre•
sented for Counci]'approval: John
McNally requesting cancellation of
the 1936 taxes on the south 17 feet
of the west ?~ and the south 17 feet
of the east 1/z of City Lot 131, re-
quest for cancellation denied but a
suspension of taxes granted; Mrs.
Stella J. Schneider requesting can-
cellation of the 1936 taxes on Lot
2 of Sub. Lots 36 and 37 of Grand-
view HOights Addition, request
denied; Frank Larem requesting
suspension df the 1936 taxes on the
east 4 feet of the north 162 feet of
Lot 1 of 1 of 145, Lot 1 of 1 of west
p~ of 145A 'and Lot 2 of 1 of the
west 1/h of 145A all in L, H. f.ang-
~Vorthy's Addition, request granted;
Jacob A. Hertner i•equestiug sus-
pension of 'the 1936 taxes on Lot
1' Sub. 5 of Stafford's Addition, re-
quest granted.
Councilman Clark moved that the
decisions of the- City Council on the
various tax petitions be approved
and the Board of Supervisors to be
notified of the action of the City
Council, Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men'Clark and Mnrp'hy, '
Nays-None. '
Absent-Councilmen Bennett and
Kane, '
There being no further business
Councilman Clark- moved' to ~ad-
yourn.' Seconded by- Councilman
Murphy; `Carried by the' following
vote;
Yeas-Mayor Chalmers, Council-
men'Clar)#''and Murphy. ' ~~~
.''Nays-Non'e': '
;,~i, ,,.
Akysent-Councilmen Bennett and
Kane, '
J. J. SHEA,
City Clerk.
Approved ..................................1937.
Adopted' ....................................1937,
Councilmen j .......................................:.._.-...
„~n, ,
Attest : ..................................................
City Clerk.
236 Special Session, September 23rd, 1937
City Council
(Official.)
Special Session, September 23rd,
1937.
Council met at 5:00 P• M.
Present-Mayor Chalmers, Coun-
cilmen Bennett, Kane, Murphy,
City Manager Rhomberg.
Absent-Councilman Clark.
Meeting called by order of
Mayor Chalmers and Councilman
Kane,
Mayor Chalmers read the call
and stated that service thereof had
been duly made and that this meet-
ing is called for the put•pose of
considering tax petitions request-
ing cancellation sand suspension of
taxes for the year 1936 and acting
on any other business as may pro-
perly Come befm•e a regualr meet-
ing of the City Council.
Office of State Board of Appeal,
State of Iowa.
NOTICE OF HEARING.
To the Honorable John K, Chal-
mers, Mayor of the City of Du-
buque, Iowa, and to;
Jas. F. Lee, T. A• Polsean, Lynn
E. Allen, A. L. Mutschler, Theo.
Scharle, Melvin C. Lynn, Franh
C. Byrne, Joe Keppler, Paysen
Berg, A. Cartigny, Objectors.
You, and each of you, are hereby
notified as follows:
That as shown by the records
which have been certified to the
State Board of Appeal, the above
named objectors, et al. filed a pro-
test with the County Auditor of
Dubuque County, Iowa, objecting
to the budget and tax levy of the
City of Dubuque as provided by
the Budget Appeal Law, Chapter
91, Lawa of the 47th G, A. There-
after, acopy of said pt•otest, to-
gether with a copy of the proposed
budget, was filed with the State
Board.
You are further notified that
said appeal is no~v pending and the
following time and place are here-
by fixed for the hearing thereon,
before the State Board, or their
properly accredited representa-
tive:
City Hall, Dubuque, Iowa,
Thut•sday, September 3D, 1937, at
10;00 A• M.
At such hearing interested per-
sons may appear and show cause
why the budget and tax levy
should be reduced or stand as
certified.
STATE BOARD OF APPEAL.
-By C. B. Murtagh,
Chairman.
Dated this 16th day of September,
1937.
Councilman Murphy moved that
the notice be made a matter of
record. Seconded by Councilman
Bennett, Cat•ried by the following
vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Chalmers, Kane,
Murphy.
Nays-None,
Absent-Councilman Clarlt.
Original Notice of Suit of Mary
Erner, Plaintiff, vs. City of Du-
buque, Iowa, Defendant, in the sum
of $750.00 as damages for personal
injuries sustained by her in falling
over a tree stump located in the
middle of the blaclt on White
Street between 11th and 12th
Streets, presented and read.
Councilman Bennett moved to
refer the notice to the City So-
licitor. Seconded by Councilman
Kane. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clarlt.
Original Notice of Suit of Chris-
tine Larson, Plaintiff, va. City of
Dubuque, Iowa, Defendant, in the
sum of $2,450.00 far personal in-
juries sustained in falling on a de-
fective sidewallt in front of the
premises known as 284 James
Street, presented and read.
Councilman Bennett moved to
refer the notice of suit to the City
Solicitor. Seconded by Councilman
Kane. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark,
Communication of Dubuque
Trades and Labor Congress con,
veying their sincere thanks to the
City Council for their co-operation
in making Labor Day celebration
such a great success, presented and
read.
Councilman Bennett moved to
receive and file the communication.
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Communication of The Interna-
tional City Managers' Association
extending invitation to the Honor-
Special Session, September 23rd, 1937 237
able Mayor and City Council to at-
tend the Annual Conference of the,
International City Managers' Asso-
ciation to be held in New Orleans,
October 18 to 21 inclusive, pre-
sented and read.
Councilman Bennett moved that
City Manager Rhomberg be author
ized to attend the conference if he
so wishes. Seconded by Council-
man I{one. Carried by the follow-
ing vote:
Yeas-Mayor Chalmers, Council,
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Petition of Leonard Schuster re•
questing a refund in the- amount
of $75.00 on his cigarette permit
as be has discontinued business as
of September 15th, 1937, presented
and read,
Councilman Murphy moved that
the request be granted and that a
warrant in the amount of $75.00
be ordered drawn on the City
Treasurer in favor of Leonard
Schuster to cover the amount of
refund granted. Seconded by Coun-
cilman Kane. Carried by the fo1-
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
Petition of taxpayers and pro,
perty owners protesting and ob-
jecting to the existing condition
pertaining to the overtaxing of the
sanitary sewer in West Locust
Street from 16th Street to Kirk-
wood Street, presented and read.
Councilman Bennett moved to re-
fer the petition to the City Man-
ager for investigation and report,
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Chalmers,, Council-
men Bennett, Kane, Murphy.
Nays^-None.
Absent-Councilman Clark.
Petition of Mrs. Anna Kirmse,
referred to the City Council by the
Board of Supervisors, requesting
suspension of the 193G taxes on
Lot 4 of Cook's Addition and also
the North 57 feet of Lot 1 of the
East 50 feet of 789 of A. Mc-
Daniel's Sub., presented and read,
Councilman Murphy moved to re•
fer the petition to the City Solic•
itor for investigation and t•eport.
Seconded by Councilman Bennett.
Carried by the following vote;
Yeas--Mayor Chalmers, Council,
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
Petition of May L. Donaldson,
referred to the City Council by the
Board of Supervisors, requesting
suspension of tho 1936 taxes on Lot
6 of South Avenue Addition, pre-
sented and read,
Councilman Murphy moved to re-
fer the petition to the City Solic-
itor for investigation and report~
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy
Nays-None.
Absent-Councilman Clark,
Petition of Kretschmer Insur-
ance Agency requesting release oY
the bond of R. M. Evans, former
City Manager, as of July 15th, 1937,
presented and read- '
Councilman Kane moved that the
request be granted and that the
Mayor be authorized to axecttte the
release. Seconded by Councilman
Bennett. Carried by the following
vote:
Yeas-Mayor Chalme~•s, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Petition of VoelltAr Realty Com-
pany, submitting attached list of
special assessments which were
paid on August 30th, 1937, and
which were included in Scavenger
Tax Sale Certificates, requesting
refunds of .all penalties and inter,
est on these assessments in ac-
cordance with agreement reached
at a recent meeting with your hon•
orable body, presented and read.
Councilman Bennett moved that
Voelher Realty Company be grant-
ed refunds in the following
amounts, for penalty charges paid
on delinquent special assessments
and that warants in the following
amounts be ordered drawn on the
Special Bonded Fund to cover the
amounts of refunds granted, total
amount of refunds granted $452.73:
Fund 917 in the amount of $38,23
on the west ~ of south 1/z of south
z/t of Lot 16P of L. H. Langwor-
thy's Addition; Fund 510 in the
amount of $9.85 on the northeast
37 ft. 6 in. of Lot 441 of Ham's
Addition; Fund 885 in the amount
of $10.78 on the east ~Z of Lot 5
and all oP Lot 6 of Gmehle's Sub-
division; Fund 578 in the amount
of $24.19 on the south ~/z of Lot
21 and th6 north t/z of Lot 22 of
E. Langworthy's Addition; Fund
387 in the amount of $2.55 on Lot
27 of Tschirgi & Schwind's Sub•
division; Fund 629 in the amount
of $34.44 on Lot 23 of Pinehurst;
Fund 413 in the amount of $12.63
en Lot 1 of Voelker Highlands;
Fund 901 in the amount of X42.38
on Lot 221 of Woodlawn Park Ad-
dition; Fund 560 in the amount of
822,50 on the west 39 ft. 8 in, of
Lot 52 of Littleton. & Sawyer's Ar~-
dition; Fund 917 in the amount of
h it ''`
,~
238 Special Session, September 23rd, 1937
$33.29 on the east 118 ft, of the
north 36 ft. 6 in of Lot 263 of
Davis Farm Addition; Fund 553 in
the amount of $41.47 on Lot 6 of
Hooper's Addition; Fund 553 in the
amount of $37.03 on Lot 2 of Jaeg•
er's Subdivision; Fund 553 in the
amount of $7.37 on Lot 2 of 3 and
Lot 2 of 4 of Jaeger's Subdivision;
Fund 423 in the amount of $10.79
on the east 60 ft• of west 93 ft.
of the north i/z of Lot 2 of Pauline
Laugworthy's .Subdivision; Fund
G52 in the amount of $79.38 on Lot
A of Subdivision of 2 of 2 of 2
of Min. Lot 72 and Lot 1 of 10
of Min. Lot 73 and Lot 2 of Min.
Lot 74; Fund 626 in the amount
of $23.66 on the south 7 ft. 6 in.
of west 1/z of Lot 23A of L• H,
Langworthy's Addition and the
north 31 ft. of west 1/z of Lot 24A
of L• H. Langworthy's Addition;
Fund 553 in the amount of $22.19
on the southwest pia of Lot 5 of
Cook's Addition. Seconded by Coun-
cilmanMurphy. Carried by the fol•
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Mm•phy.
Nays-None.
Absent-Councilman Clark.
Petition of Senior High Schoo]•
requesting permission to hang a
banner across Main Street between
8th and 9th Streets, presented and
read.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Bennett. Carried
by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy- '
Nays-None.
Absent-Councilman Clark,
September 20, 1937.
To the Honorable Mayor and City
Council,
Dubuque, Iowa,
Gentlemen: With reference to
attached petition of Mr. Roy Bram-
mer, requesting certain changes in
the Planning and' Zoning Ordin-
ance, which was referred to the
Planning and Zoning Commission
on September 7th, 1937, the Com-
mission recommends that the peti•
tion be denied for the following
reasons:
(1) Rezoning of one lot to a
classification different than sur-
rounding properties is contrary to
first principles of city zoning and
hence contrary to a long standing
policy of the Commission,
Incidentally, you will be interest-
ed to know that a recent decision
of the Supreme Court of Pennsyl-
vania sustains this policy- In a
recent decision Huebner vs. Phila-
delphia Savings Fund Society, the
court ruled,-" a single lot is not a
proper area to be classified as a
zoning district in itself; and the
action of City Council in creating
a separate commercial zone of iso•
lated area comprising a single cor-
ner lot is unreasonable and void."
(2) Adequate local business fa•
cilities are already availalQe in the
general area, the lot under consid-
eration being but one and one-half
blocks from a local business dis•
trio to the east on Julien Avenue,
and two blocks from another to
the west on Delhi Street.
Yours very truly,
R. V. McKay, Secretary,
Planning and Zoning Commission.
Councilman Kane moved that the
recommendation of the Planning
and Zoning Commission be made
a matter of record- Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Chalmers,, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
September 20, 1937.
To the Honorable Mayor and City
Council,
Dubuque, Iowa,
Gentlemen: Attached please find
petition of Interstate Power Com-
pany, dated January 13, 1937, re•
questing vacation of certain pro,
perty by the City adjacent to its
main power plant in Block 14, Du-
buque Harbor Improvement Com-
pany's Subdivision. Attached like,
wise is a letter of Dubuque Dock
Commission signed by J. A. Kerper
and addressed to Mr. Bissell of
the Planning and Zoning Commis,
sion, referring to the same sub-
ject matter.
The Planning and Zoning Copr-
mission recommends to the City
Council that the petition of the In-
terstate Power Company lie grant-
ed at such time as the tentative
agreement between Interstate Pow-
er Company and Dubuque Dock
Commission, calling for certain per-
manent easements over the Power
Company property mentioned in
Mr. I{erper's letter, be carried out
-the details of agreement, maps,
etc., to be prepared by the Dock
Commission and City Attorney
Czizek,
Yours very truly,,
R, V, McKay, Secretary,
Planning and Zoning Commission.
CouncilmanKane'moved that the
recommendation of the Planning
and 'Coning Commission be made a
matter of record and the City So-
licitor to be instructed to prepare
the proper proceedings. Seconded
by Councilman Murphy. Carried
by the following vote:
Special Session, September 23rd, 1937 239
Yeas-Mayor Chalmers, Gounci]•
men Benuett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
September 23, 1937,
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen: With reference to
attached petition of Car]• J. Dangel•
meyer requesting rezoning of his
property on the South West corner
of Fenelon Place and Summit
Street to Multiple Residence clas•
sification, a study of the general
district lead the Planning and Zon•
ing Conmrission to favor the rezon-
ing of a much larger area than that
in which Mr. Dangelmeyer is par-
ticularly interested. In this dis-
trio are numerous other large old
homes which will undoubtedly,
some day, naturally ]-end them-
selves to Multiple Residence use.
Therefore, the Planning and Zon-
ing Commission recommeuds that
the area bounded on the south by
the center line of Third Street;
on the north the center line of
Fifth Street; on the east by the
center line of Bluff Street, and on
the west by the center line of
Burch Street, be rezoned from Two
Family to Multiple R e s i d e n c e
classification,
Respectfully submitted,
R. V. McKay, Secretary,
Dubuque Planning and Zoning
Commission.
Councilman Murphy moved that
the recommendation of the Plan-
ning and Zoning Commission be
made a matter of record and the
City Solicitor to be instructed to
prepare the proper proceedings.
Seconded by Councilman Kane.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
Proof of publication, certified to
by the publishers, of the statement
of receipts and also a list of claims
for which warrants were drawn
during the month of August, 1937,
presented and read.
Councilman Bennett moved that
the proof of publication be se••
ceived and flled• Seconded by
Councilman Murphy, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Dubuque, Iowa.
September 17th, 1937.
To the Honorable Mayor and City
Council, ,
Dubuque, Iowa.
Gentleman: In accordance with
the provisions of Chapter 289 of
the State Code of Iowa, 1935, as
amended, Section 6696, the Civil
Service Commission conducted an
entrance examination on Septem•
ber 16th, 1937, for those seeking
positions on the eligible list for
appointment to the position of
Head Garage Mechanic.
Four applications were received
for this examination and only one
applicant, Clarence H. Briggs, pass-
ed the mental and physical exam-
inations, hie average being 94%,
The other three applicants falling
below the required 70%•
Respectfully submitted,
R. L. WOODWARD,
Chairman.
E. J. RYAN,
B, C. SCHMIDT,
Commissioners,
J. J. SHEA, Clerk.
State. of Iowa )
ss.
Dubuque County)
Subscribed and sworn to before
me, a Notary Public, this 20th day
of September, 1937,
C. A. REED,
(Seal) Notary Public in and far
Dubuque County, Iowa.
Councilman Murphy moved that
the communication of the Civil Ser-
vice Commission be made a mat-
ter of record. Seconded by Coun•
Gilman Bennett- Carried by the
following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
September 13, 1937.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: This is to advise
that I have approved the follow-
ing band and policies and desire
to have your approval on same for
filling:
SIGNS
Merchants Hotel, 300.326 Main
Street-Policy No. 18299, Employ,
ere Mutual Casualty Co.
Edward Graham & Sons, 846
Main Street-Policy No. LO 220283,
Great American Indemnity Co,
Walther Dairy Products, 83 Lo•
Gust Street-Policy No. ILO 56769,
Great American Indemnity Co,
Belsky Motor Co., signs at ~ol•
lowing locaticna: 794 Iowa Street,
767.795 Central Avenue, 660.666.562
Locust Street-Policy No. LAG
4138, Fireman's Fund Indemnity
Co.
C. E. Mettel, 13th and Iowa
Streets-Bond No. 704721, Western
Surety Co.
EXCAVATIONS
Richard J. Burke, 130 West 13th
Street-Policy No, E 70648, Lon•
240 Special Session, September 23rd, 1937
don Guarantee & Accident Co., Ltd.
George F. Pinski,485 8th Avenue
-The Fidelity & Casualty Co. of
N. Y,
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Kane moved that the
bonds and policies be approved and
placed on file. Seconded by Coun-
cilman Bennett. Carried by the
following vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
September 23, 1937.
To the Honorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen; At the session of
the City Council held September
13th the petition of John Ramsey
requesting that he be ,ranted an
excavation permit without charge
for the installation of a sewer con•
nection at 408 I{lingenberg Terrace
was referred to me,
On September 18th I succeeded
in getting a contractor to take out
the permit for Mr. Ramsey and to
pay the fee. The sewer connec•
tion was installed on September
20th and the street replaced.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the communication of City Manag-
er Rhomberg be received and made
a matter of record: Seconded by
Councilman Bennett, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clark.
September 23, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: At the session of
the City Council held September
2nd, the petition of Oscar Irmen
et al. requesting that the resurfac-
ing of West 28th Street be con•
tinned to Muscatine Streot was re-
ferred to me,
I have examined West 28th
Street and find that West 28th
Street has bean improved with bi-
tuminous surfacing from Central
Avenue to a point just east of Da-
venport Street. The balance of the
street•is not graded and therefore
I recommend that no surfacing be
applied to West 28th Street until
such time as it is brought to a pro-
per grade from the end of the
present improvement westerly to
Muscatine Street.
Respectfully submitted,
A. A. RHOMBERG,
City Manager,
Councilman Kane moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec•
owded by Councilman Bennett.
Carried by the following vote:
-Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
September 23, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen; On September 7th
Jahn L. Deckert, the owner of Lot
19 of Yate's Subdivision, request-
ed that sewer and water mains be
laid in West 16th Street. The pres-
ent water main ends approxim-
ately 75 ft, west of Henion Street.
Before 'a water main could be laid
from the present main westerly
it would be necessary to do a great
deal of grading on West 16th
Street and to do considerable ex-
cavation in solid rock. To provide
sewer facilities it would be neces-
sary to build 318 ft. of sower main
on Catherine Street from West
17th Street southerly and 363 ft.
of Sewer on West 16th Street from
Catherine Street west.
These improvements would pro-
vide for five homes, all of which
are on the north side of West 16th
Street from Catherine Street west
to the end of West 16th Street.
The property on the south side of
this street is wholly owned by Co-
lumbia College. I am of the opin-
ion that this work would be very
expensive in nature and I serious-
ly question whether the property
values in the neighborhood would
stand the assessments.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Kane moved that
the communication of City Man-
ager Rhomberg be made a matter
of record. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clarlt.
September 23, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The petition of G.
L. Neuwohner far the repair of the
alley beginning at 1530 Julien Ave-
nue and extending southerly and
Special Session, September 23rd, 1937 241
westerly to Stewart Street with
bituminous paving was referred to
me on August 2nd for,an investiga-
tion and report.
T have examined this alley and
find that it needs grading. Our
funds at the present moment will
not permit any extensive grading
program, The bituminous paving
would not be possible unless it be
done as a special assessment pro-
positio6 according to the Council's
action of August 2nd.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Kane moved that the
communication of City Manager
Rhomberg be made a matter of
record. Seconded by Councilman
Bennett. Carried by the following
vatE:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-Neue.
Absent-Councilman Clark.
September 23, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: The new concrete
floor on the east side of the 18th
Street Fire Station and the neces-
sary new plumbing under the floor
has been completed. The plumbing
was installed by F. C. Braconier
at a cost of $95,00 and the concrete
work was installed by the James
F, Lee Paving Co. for $180.00.
These prices represented the low-
est bids received at an informal
lotting,
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the communication of City Man•
ager Rhomberg be mode a matter
of record. Seconded by Council-
man Kane, Carried by the follow-
ing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clarlt,
September 23, 1937.
To the Honorable Mayor and City
Council, Dubuque, Iowa.
Gentlemen: Pursuant to your
order I solicited bids for the fuel
requirements. for the City for the
season of 1937-1938. The best bids
received were by the M i d tiv e a t
Lumber Company for coal and
coke, by Fischer & Company for &'
screenings and by the Rainbo Oil
Company for fuel ail.
I recommend that contracts be
entered into by the Council with
these three firms for the various
classes of fuel.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Kane moved that
the recommendation of City Man-
ager Rhomberg for the awarding
of the coal and coke contract to
the Midwest Lumber Company and
for the awarding of the 2" screen-
ings contract to Fischer & Com•
pant' be approved and the Mayor
and Clerk authorized to execute
said contracts on behalf of the
City of Dubuque, Seconded by
Councilman Bennett. Carried by
the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clarlc,
Councilman Kane moved that
the recommendation of City Man-
ager Rhomberg for' tho awarding
of the fuel ail contract to the Rain•
bo Oil Company be not approved
and that the City Manager be in-
etructed to distribute, to the best
of his judgment, th6 fuel oil busi-
ness among the various dealers at
the price of 6.S cents. Seconded by
Councilman Bennett, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, 11lurphy.
Nays-None,
Absent-Councilman Clark.
Resolution No. 109-37
Be It Resolved by the City Coun-
cil of the City of Dubuque that
the following, having complied
with the provisions of law relating
to the sale of cigarettes within
the City of Dubuque, be granted a
permit to sell cigarettes and cig-
arette papers within said City and
the Manager is directed to issue
such permit on behalf of said
City,
Name, Address.
Jos. W. Hanten, 2220 Delhi
Street.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed, adopted and approved
this 23rd day of September, 1937.
JOHN K, CHALMERS,
Mayor.
M. R. KANE,
GEO. R, MURPHY,
A. M. BENNETT,
Councilman,
Attest: J. J. SHEA,
City Clerk.
Councilman I{one moved the
adoption of the resolution. Sec-
242 Special Session, September 23rd, 1937
onded by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark,
Resolution No. 110--37
Whereas, applications for Class
"B" Beer Permits have been sub•
witted to this Council for approval
and the same have been examined:
Now, Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
fallowing applications be and the
same are hereby approved, and it
is ordered that the premises to be
occupied by such applicants shall
be forthwith inspected.
CLASS "B" PERMIT
Name. Address,
Andy Reiter, 2319 Prince Street,
John A. Armstrong, 398 Main
Street.
Joseph W. Hanten, 2220 Delhi
Street.
Passed, adopted and approved
this 23rd day of September, 1937.
JOHN K. CHALMERS,
Mayor,
M. R. KANE,
GEO. R. MURPHY,
A, M. BENNETT,
Councilmen,
Attest: J. J, SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Bennett. Car•
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Resolution Na, 111-37
Whereas, heretofore applications
were filed by the within named
applicants for Class "B" Beer Per-
mits and they received the appro-
val of this Council; and
Whereas, the premises to be oc-
cupied by them have been in-
spected and found to comply with
the ordinances of this City and
they have filed a proper bond:
Now, Therefore,
Be It Rosolved by the City Coun-
cil 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.
Andy Reiter (New), 2319 Prince
Street.
John A, Armstrong (New), 398
Main Street.
Joseph W. Hanten (New), 2220
Delhi Street.
Alois 0. Weitz (Renewal), 201
East 22nd Street.
Mrs. Etta Tarkett (Renewal),
500 Rhomberg Avenue.
Patrick R. Kennedy (Renewal),
2408 Central Avenue.
George Nordin (Renewal), 555
8th Avenue.
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adapted and approved
this 23rd day of September, 1937.
JOHN K, CHALMERS,
Mayor.
M. R. KANE,
GEO. R. MURPHY,
A. M. BENN)JTT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kane moved the
adoption of the resolution. Sec•
onded by Councilman Murphy. Car-
ried by the following vote;
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
Verbal report of City Solicitor
Czizek recommending that a war-
rant in the amount of $125.00 be
ordered drawn on the City Treas-
urer in favor of Attorney E. H.
Willging as settlement in Yull of
the claim of Wm. Gassman for
damages received to his property
caused by blasting in the quarry
on Cox Street, presented.
Councilman Murphy moved that
the recommendation of City Solic-
itor Czizek be approved and that
a warrant in the amount of $125.00
be ordered drawn on the City
Treasurer in favor of Attorney E.
H. Willging as settlement in full
of the claim of Wm. Gassman for
damages received to his property
caused by blasting in the quarry
on Cox Street, Seconded by Coun-
cilman Kane. Carried by the fol-
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None,
Absent-Councilman Clark.
September 22nd, 1937.
To the Honorable Mayor and Coun-
cil of the City of Dubuque,
Gentlemen: The communication
of L. E. Taylor requesting the re-
moval of signs which have been
erected throughout the City by the
State Auto Insurance Association
of Des Moines on the grounds that
Special Session, September 23rd, 1937
the same are violative of the
motor vehicle taws of the State
and constitute an unlawful inter
ference with the free use of pub
lit property has been referred tc
me for an opinion.
Tt will be remembered that the
erection of these signs was auth-
orized by the Council prior to the
enactment of the new Motor Ve-
hicle Law. When authorized, the
Council felt that the signs would
serve a useful purpose by directing
the attention of the public to dan-
gerous intersections and places
where accidents has occurred and,
therefore, would be in the interest
of public safety, However, since
objections to the maintenance of
such signs have now been made,
it is necessary to consider the
same in the light of existing laws
'and determine whether er not such
signs can be legally maintained.
The principal objection to them is
two-fold: (a) They bear on their
face advertising matter; and (b)
They constitute an obstruction to
the free use of the street and side-
walks,
Mr. Taylor refers to certain
specific sections of the Code and
of the Motor Vehicle Law which he
claims are being violated, to-wit:
Section 4846 which prohibits bill-
boards and signs on highways;
Section 290 of the Motor Vehicle
Law which prohibits signs con-
taining commercial advertising;
and Section 5079-02 of the Code
(haw Section 373 of the Motor Ve•
hicle Law); and the general sta-
tute against nuisances and obstruc-
tions,
As to Section 4846, it is clear
this statute has reference only to
primary and secondary road s
which are exclusively under the
jurisdiction of the Highway Com-
mission and Board of Supervisors.
It has no application to this case.
As to Section 290 of the Motor
Vehicle Law, this statute prohibits
the maintaining of any signs relat-
ing to traffic which resembles or
might be mistaken for an author-
ized traffic sign and contains an
express prohibition against the
maintenance of any traffic sign or
signal "bearing thereon any com•
mercial advertising." Are the signs
complained of a violation of this
section?
It seems to me they are. In the
first place, they are a direction to
traffic to "drive slowly," and in the
next place, they have printed
thereon the name of "State
Auto Association, Des Moines:'
243
While the signs cannot be mis-
taken for authorized traffic signs,
nevertheless they attempt to con-
trol traffic and contain commercial
advertising matter thereon.
A careful reading of the statute
seems to throw light upon the in•
tention of the Legislature when it
enacted the statute. While it pro-
hibits on highways the mainten-
ance of signs which direct and
which contain commercial adver-
tising, it permits signs when
placed upon private property adja-
cent to highways which give use-
ful, directional information of a
type that cannot be mistaken far
official signs even though such
signs do contain commercial adver-
tising upon them. The fact that
the exception was made as to such
signs when located on p r i v a t e
property indicates the legislative
intention to exclude such signs
froth highways, '
As to Section 6049-C2 (now Sec-
tion 373 of tha Motor Vehicle
Law). I do not believe such sec-
tion applies to the instant case as
the signs were not erected er
caused to be erected" by the City.
As to such signs constituting an
obstruction to the free use of the
streets and are nuisances, it is my
epinion that this ie true, Section
290 of the Motor Vehicle Law de~
fines any prohibited sign, signal or
marking to be nuisance and auth-
orizes the City to remove the same
without notice.
Section 5945 of the Code places
the, supervision and control of all
highways, streets, avenues, alleys,
public squares and commons upon
the City and requires that they
be kept open and in repair and
free from nuisances. A public
street includes sidewalks and ex-
tends from property line to pro•
perty line, Since such signs are
prohibited by law and are declared
to be nuisances, and since the City
is charged with ,the ditty of keep-
ing streets free from nuisances, it
seems to follow that by allowing
such signs to exist on public pro-
perty, the City is permitting a nuis•
ante to be maintained and, in order
to discharge its Pull duty to the
public, the same should be remov-
ed. There is no doubt that should
an accident occur on account of
such signs, the City would be held
liable in damages.
It is my opinion that the signs
complained of do violate the Motor
Vehicle Law and do constitute a
nuisance and ati obstruction to the
free use of public property. The
244 Special Session, September 23rd, 1937 ~ Special Session, September 23rd, 1937 245
Council is, therefore, authorized to
direct their removal,
Respectfully submitted,
M. H. CZIZEK,
City Solicitor.
Councilman Kane moved that the
communication of City Solicitor
Czizek be made a matter of record
and that the City Manager be in-
structed accordingly. Seconded by
Councilman Murphy, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
Resolution No, 112-37
Whereas, the City of Dubuque is
the owner of Lot 27B of A. P.
Wood's Addition to the City of Du-
buque, having acquired title there-
to by virtue of a tax deed; and
Whereas, said premises is not
needed for any public purpose and
is purely residential property; and
Whereas, Harold Neubauer has
submitted an offer to purchase said
real estate for the sum of $400.00,
$100.00 to be paid at the time of
the execution of a contract for
deed and the balance to be paid
on the basis of twelve monthly in-
stallments of $25.00 each beginning
with the first day of October, 1937,
together with interest thereon at
the rate of 5~o upon all deferred
payments and this Council consid-
ers such offer fair and reasonable
and has accepted the same; and
Whereas, a contract for a deed
has been duly prepared and sub-
mitted to this Council for approv-
al: Now, therefore,
Be it resolved by the Council of
the City of Dubuque that said con-
tract for deed be and the same is
hereby approved, and the Mayor
and Clerk are hereby authorized
and directed to execute the same'
on behalf of the City of Dubuque.
Passed, adopted and approved
this 23rd day of September, 1937.
JOHN K, CHALMERS,
Mayor.
M. R. KANE
GEO, R. MURPHY,
ARTHUR M. BENNETT,
Councilmen.
Attest: J. J. SHEA, ,
City Clerk.
Councilman Kane moved the ad-
option of the resolution. Second-
ed by Councilman Bennett, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Marphy.
Nays-None,
Absent-Councilman Clark. ,
Resolution No, 113-37
Whereas, under data of October
26, 1925, the City of Dubuque en-
tered into a contract with Harriet
Guthrie for the installation of wa-
tet• mains in Sunset Ridge, an ad-
dition to the City of Dubuquo, by
the terms of which Lots No. 1 to
30 inclusive were charged with a
proportionate share of the annual
interest upon the cost of installing
such water service, said contract
having been filed fot• record in the
office of the County Recorder of
Dubuque County, Iowa, on October
28, 1925, and recorded in Book 122
on page 521; and
Whereas, the owner of Lot 19
of Sunset Ridge, an addition to the
City of Dubuque, having paid in
full the portion of the interest
charged to said lot and fully dis-
charged any lien upon said lotus
the result of said contract: Now,
therefore,
Be it resolved by the City Coun-
cil of the City of Dubuque that the
Mayor and Clerk be. and they are
hereby authorized and directed to
execute a Satisfaction and Release
of the lien created by said contract
against said Lot 19 of Sunset Ridge
and file the same far record in the
office of the Recorder of Dubuque
County, Iowa.
Passed, adopted and approved
this 23rd day of September, 1937.
JOHN K, CHALMERS,
Mayor.
M. R, KANE,
GEO. R. MURPHY,
A, M, BENNETT,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Councilman Bennett moved the
adoption of the resolution. Second-
ed by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council•
men Beronett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark.
The following decisions of the
City Council t•elative to various tax
petitions requesting cancellation
and suspension of taxes presented
for Council approval: Mrs. Anna
Ifolf requesting suspension of the
last half of the 1936 taxes on Lot
1 of A. L. Brown's Sub., petition
withdrawn; Mrs. Anna Wampach
requesting suspension of the 1936
taxes on Lot 39 of Hooper's Add.,
petition returned as she receives
an old age pension; Bethany Home
for the Aged requesting remission
of the 1936 taxes on S. E, 42 feet
of E. 5 feet of Lot 10 of King's
Grove Addition and Lots 83, 84 and
85 of Pleasant View Addition, re-
quest denied; Della C. Thul re-
questing cancellation of the 1936
taxes on Lot 3 of S. 2 feet 6 inches
of Lot 2 of Kleinschmidt's Sub.,
request granted; Mrs. Edith Law-
son requesting cancellation of the
1936 taxes on Lot 2 of Sub, of 1
of 30 and 31 of Morheiser's Add.,
the wort 30 feet of Lot 2 of 30 and
31 of Morheiser's Add„ and Lot
2 of Sub. of 2 of 16 of Tschirge
& Schwind's Sub., request granted;
Miss Josephine Flynn requesting
suspension of the 1936 taxes on
N. M. 20 feet of City Lot 83, rep
quest granted; Mrs. Louise Moser
requesting suspension of the 1936
taxes on Lots 16, 43, 44 and 45
of O'Neill's Sub. No. 3 and Lot 2
Sub. 1 of 2 of 11 of Westaby's Sub.,
and the west 100 feet of Lot 2 Sub.
2 of 11 of Westaby's Sub„ request
granted; Lillian L. Hargus request-
ing suspension of the 1936 taxes
on Lot 1 of the Sub, of 1 of 1 of
City Lot 667,request granted; Pet-
er Haupert requesting suspension
of the 193G taxes on Lots 3, 4 and
5 of Buseman and Eberl's Sub.,
request granted; Josephine Mc•
Ceney requesting suspension of the
1936 taxes on Lots 3, 4 and 6 of
William Blake's Add., request
granted; Louisa Scharff request-
ing suspension of the 1936 taxes
on Lots 34 and 35 of Belmont Add„
request granted.
Councilman Kane moved that the
decisions of the City Council on the
various tax petitions be approved
and that the Board of Supervisors
to be' notified of the action of the
City Council. Seconded by Coun-
cilman Murphy. Carried by the
following vote;
Yeas-Mayor Chalmers, Conucil-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clark,
Councilman Kane moved that the
City Council reconsider their pry
vious action in denying the peti•
tion of Mrs. Stella J. Schneider re-
questing cancellation of the 1936
taxes on Lot 2 of the Sub. of Lots
36 and 37 of Grandview Heights
Addition and that the Board of Su-
pervisors be notified of the action
of the City Council. Seconded by
Councilman Murphy, Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Murphy.
Nays-None.
Absent-Councilman Clat•k.
Councilman Kane moved that the
request of Mrs. Stella J. Schneider
for a cancellation of the 1936 taxes
on Lot 2 of the Sub. of Lots 36
and 37 of Grandview Heights Ad-
dition be denied but that a suspen-
sion of said taxes be granted and
the Board of Supervisors be noti-
fied of the action of the City Coun•
cil. Seconded by Councilman Mur-
phy. Carded by the following vote:
Yeas-Mayor Chalmers, Council•
men Bennett, Kane, Murphy,
Nays-None.
Absent-Councilman Clat•k,
Councilman Kane moved that the
request of W. M. Kretschmer,
Agent far John Frey, requesting a
refund in the amount of $13.12 far
penalty charges paid on delinryuent
special assessments levied against
Lot 30 of Reche's Sub., Funds 903
and 925, be denied. Seconded by
Councilman Murphy, Carried by
the following vote:
Yeas-Mayor Chalmers, Councih
men Bennett, Kane, Marphy,
Nays-None.
Absent-Councilman Clarlt.
There being no further business,
Councilman Bennett moved to ad•
journ. Seconded by Couuciltnan
Murphy, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Kane, Marphy.
Nays-None.
Absent-Councilman Clark,
J, J, SHEA,
City Clerk.
Approved ..................................1937.
Adopted ....................................1937.
Councilmen : ......................................
Attest : .............................................:....
City Clerk,