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1937 November Council ProceedingsRegular- Session, November 1st, 1937 265 City Council (Official) Regular Session, November 1, 1937. Council met at 7:45 P. M. Present Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur• phy, City Managet• Rhomberg• Mayor Chalmers stated that this is the regular monthly meeting of the City Council for the purpose of acting- upon such business as may properly come before the meeting, Councilman Bennett moved that the rules be suspended far the pur• pose of allowing any one present in the Council Chamber, who wish- es to do so, to address the Coun• cil. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers,. Council, men Bennett, Clark, Kane, NIurphy Nays-None.. Petition of Winceslas Benda and Mary Benda, by Gilloon and Glenn their attorneys, protesting and ob- jecting to the granting of the peti- tion of the Dubuque Packing- Conn pony in which they request permis• sion to construct a railroad unload- ing platform in Sycamore Street abutting- Lots 425, 426 and 427 in East Dubuque Addition No• 2 also for permission to construct and op• erate gates to be erected on East 17th Street so as to form a con, tinuation of the East and West lines of the alley between Syca• more Street and Cedar Street and further protesting and objecting to the granting of the petition of the Dubuque Packing Company request- ing the vacation of the easterly 25 Peet of Cedar Street from East 16th Street to East 17th Street and to convey such vacated portion of said street to said Dubuque Pack- ing Company, presented and read, Attorney F. D. Gilloon addressed the Council- on behalf of the peti- tion of Winceslas and Mary Benda. Councilman Kane moved to re• fer the petition to the City Coun• cil. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlr, Kane, Murphy. Nave-None. Petition of Marshall Boiler Works, by H. E. Marshall and by Jackson M. Marshall objecting to the granting of the petition of the Dubuque Packing Company in which they request the privilege of erectintr gates and other bar- t•iers on 17th Street and the alley in the rear, abutting their pro, perty, presented and read. Councilmau Kane moved that the petition be referred to the City Council. Seconded by Councilman Murphy. Carried by the follow- ing vote: Yeas-Mayor Chahners, Council- men Bennett, Clark, Kane, Murphy. Nays-None- Petition of I, Nemerowsky and 19 other signers objecting to the granting of the petition of the Du• buque .Packing Company for the use of 17th Street as a runway for cattle and hogs and for the erec- tion of barriers and gates on said street, presented and read. Councilman Kane moved to refer the petition to the City Council, Seconded by Councilmau Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clar]t,, Kane, Murphy, Nays-None. Petition of Nicholas Steichen, Margaret Steichen, Bessie Render and Mr. and' Mrs. I. Nemerowsky protesting and objecting to the granting of ths• petition of the Du- buque Packing Company asking permission to construct a railroad unloading platform in Sycamore Street abutting Lots 425, 426 and 427 in East Dubuque Addition No. 2, also to construct and operate gates to be erected on East 17th Street so as to forma continu- ation of the- East and West lines of the alley between Sycamore Street and Cedar Street and fur, they objecting and protesting to the granting of the petition of the Dubuque Packing Company request- ing the vacation of the easterly 25 feet of Cedar Street from East 16th Street to East 17th Street and to convey suck vacated portion of said street to the said Dubuque Packing Company, presented and rsad. Attorney Walter Koerner ad- dressed the Council on behalf of the petition of Nicholas Steichen, Margaret Steichen, Bessie Render and Mr. and Mrs. I. Nemerowsky. Councilman Kane moved to re• fer the Petition to the City Coun- cil. Seconded by Councilman Mur- phy, Carried by the following vote: Yeas-Mayor Chalmers, Councih men Bennett, Clark,. KanE, Mur- phy. Nays-None. Petition of C. W. Patch et al re- gttesting that Rush Street, Moun• tain Lane and Vila Stt•eet be re• paired, also that the bad dip at the north end of Mountain Lane be eliminated and also that some, thing be done of a permanent na• 266 Regular Session, November 1st, 1937 ture to protect the retaining wall east of Villa Street between Rush Street and Cleveland Avenue and also that the Interstate Power Company be notified to continue to travel over the same route as in the past when repairs to above mentioned streets have been made, presented and read. Mr. Treanor et al addressed the Council requesting that the prayer of their petition be granted. Councilman Bennett moved that the petition be referred Co the City Manager with authority to make the. necessary repairs. Seconded by Councilman Clark. Carried liy the following vote: Yeas-Mayot• Chalmers, Cottncil• men Bennett, Clark, Kane, Murphy. Nays-None. Mr. Nick Gronunersch addressed the Council making inquiry as to when West 28th Street will be re- paired and also making inquiry as to the opening of Sabula Street. City Manager Rhomberg inform- ing Mr. Gronmtersch that the City Council have made a decision as to the request for repairing,West 28th Street and that in the matter of opening Sabula Street that lte would have a conference with the property owners. Mr. Milton Kalmes ad'dresss~d the Council requesting permission to erect a canopy in front of the build- ing located at 1085 Julien Avenue, said canopy to extend over- the sidewalk for a distance of about five inches. Councilman Murphy moved that the request be granted, the canopy to be erected under the super- vision of the Building Conunission- er and that the City Solicitor be instructed to prepare the proper proceedings covering the erection of said' canopy. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Counci]- men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Donald Morris sub- mitting claim in the amount of $76.38 for damages sustained to his airplane caused in making a land- ing at the Municipal Airport, pre• sented and read. Councilman Bennett moved to re- fer the claim to the City Solicitor, SECOnded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 120-37 Resolution and application fot• authority to transfer $5,500.00 from the Water Works Operation Fund of the City of Dubuque to the Daclt Fund. Whereas, there exists in the City of Dubuque a Board of Dock Com- missioners which has jurisdiction and control of dock property, in• eluding the harbor and waterfronts of said City; and Wheroas, for several years the harbor has been filling up with silt and mud so that it has become use• less for the harboring of water craft and otltet purposes incident to the proper operation of the doclts; and Whereas, in order to clean out and dredge said harbor and to make other itprovements related to the operation of the docks at Dubuque, the City of Dubuque pur- chased and caused to be built a dredge at a cast of approximately $30,000.00, which dredge is now ready for use and operation; and Whereas, competent engineers have dr!~terrrt}ned that to dredge the harbor and make certain other contemplated improvements, it will require several months of opera- tion, such work to continue «ntil the river and harbor becomes froz- en over with ice; and Whereas, the purchase of the 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 `vere levied for the Dock Fund and the income from the operation of the doclts is wholly insufficient to pay the expenses now required to be paid for such purpose; and Whereas, it is now evident that unless funds are made available by transfer from the Water Works Operation Fnnd 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 as there are no other funds available which might be used for such purpose; and Whereas, there is now in the Water Works Operation Fund of said City the sum of $49,810.01, which, together with cut•rent reven- ues to be received will be more than sufficient to pay the expenses of the operation of the Water Wm•ks so that a transfer of $5,500.00 to the Dock Fund can be made at this tithe without inter- fering with the operation of said Water Worlts, said sum,, however, to he repaid to said Water Works Operation Fund on or before No• vember 30, 1938; and Whereas, before any transfer can be made from the Water Works Operation Fund to the Dock Fund, an application mast be made to Regular Session, November 1st, 1937 267 the State Comptroller for author- ity to malte the transfer and his approval secured thereon: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that, subject to the approval of the State Cotptroller, there be and there is hereby transferred from the Water Works Operation Fund of the City of Dubagne to the Dock Fnnd of said City the sttm of $5,500.00 which is now in the hands of the City Treasurer and the State Comp• troller is hereby petitioned to au• thorize such transfer, said sum to be treturned to the Water Works Operation Fund from the Dock Fund on or before November 30, 1938. Be it further resolved that when such approval has been received from said State Comptroller that the Auditor and Treasurer correct their books accordingly. Passed, adapted and approved this 25th day of October, 1937. JOHN K. CHALMERS, Mayor. A. M, BENNETT, CARL A. CLARK, GEO• R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk, APPROVAL The foregoing- resolution and petition for transfer of fonds be and the same is hereby approved this 29th day of October, 1937• C• B. MURTAGH, State Comptroller Councilman Bennett moved that the approval of State Comptroller Murtagh be made a matter of rec- ord. Seconded by Councilman Mur• phy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Communication of George J. Roepsch tendering his resignation as a.member of the Playground and Recreation Commission, pre• sented and read. Councilman Bennett moved that the resignation be accepted. Sec- onded by Councilman Murphy. Car• ried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kano,, Murphy, Nays-None. Petition of Anthony Puccio re- questing- the City Council to re- quire the Interstate Power Com- pany to extend electrical service to his home located at 2900 Keokuk Street, presented and read. Councilman Bennett moved that the Interstate Power Company be instructed to render the service as requested and that the City Man• ager instruct the Interstate Power Company of the action of the City Council. Se~canded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Licorice Products Company t~gnesting that the alley in the rear of their factory be made level in order to eliminate the difficulty they encounter in the emptying of tank cars, presented and read, Councilman Kane moved to refer the petition to the City Manager for investigation and report. Sec- onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None. Petition of Michael Schnee re• questing refunds on penalty and in- terest charges paid on delinquent special assessments, Funds No. 553 and No. 831, and also requesting permission to redeem the tax sale certificate held by the City of Dtt• bugtte against Lot 20 of McCran• ey's 1st Addition upon the payment of the principal less penalties and interest, presented and read. Councilman Kane moved that the request be granted and that a war• rant in the amount of $111.24 be ordered drawn on the Special Bond• ed Fund in favor of Michas]- Schnee to cover the amounts of refunds granted: Fund No. 553 in the amount of $42.75; Fund No, 831 in the amount of $68.49; and also that Michael Schnee be allowed to redeem the tax sale certificate held by the City of Dubuque against Lot 20 of bIcCraney's 1st Addition upon the paymemt of the face value of the certificate plus 5% interest per annum, the balance of inter- est and' penalties to be waived, and the City Treasurer to be in- structed accordingly. Seconded by Councilman Bennett. Carried by the following yote; Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None. Petition of Edwin C. Kuehnle re• questing refunds on penalty and interest charges paid on delinquent special assessments, Funds No. 903, No. 918, Na. 813, No. 897 and No. 900, presented' and read. Councilman KauE moved that the request be granted and that a war• t•ant in the amount of $61.64 be ordered drawn on the Special Bond• ed Fund in favor of Edwin C. Kuehnle to cover the amounts of refunds granted: Fund No. 903 Lot 2 of 2 of 1 of 29 of Ann O'Hare's ~_ ^ ~_ i 268 Regular Session, November 1st, 1937 Sub. in the aniount of $7.37; Fund N o. 918 Lot 2 o f 2 o f l o f 2 9 o f O'Hare's Sub. in the amount of $12.95; Fund No. 813 Lot 35 0'- Neil]'s Riverview in the amount of $10.41; Fund No. 897 Lot 17 of Quigley's Sub. of Lot 709 in the amount of $13.04; Fund No. 900 Lot 17 of Quigley's Sub. of Lot 709 in the amount of $17.87. See- onded'~ by Councilman Murphy. Car- ried' by the following vote: Yeas-Mayor Chalmers, Councih men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Joseph A. Enzler re• questing refunds on penalty and in• terest charges paid on delinquent special assessments, Fund No. 662, presented and read. Councilman Clark moved that the request be granted and that a warrant in the amount of $38.35 be ordered drawn on the Special Bonded Fund in favor of Joseph A. Enzler to cover the amounts of refunds granted: Fund No. 662 Lot 5 Sub. 128 of Finley Add.,, in the amount of $11.74; Fund No. 662 Lot 6 Sub. 128 of Finley Add. i^ the amount of $9.98; Fund No. 662 Lot 7 Sub, 128 of Finley Add, in the amount of $7.90; Fund No. 662 Lot 1 Sub. 8 of 128 of Finley Add. in the amount of $8.73. Seconded by Cotmcilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Joseph J. Weber et al tequesting the City Council to take immediate steps to have the streets properly and adequately marked and also that the houses be fully and' completely numbered, present- ed and rsad. Councihnau Bennett moved to re- fer the petition to the City Man- ager for a sut•vey and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- man Bennett, Clark, Kane, Murphy, Nays-None. Petition of Mrs. Fred Marquard, referred to the City Council by the Board of Supervisors, requesting suspension of the 193G taxes on Lat 9 of 1 of Min. Lot 68, presented and read. Councilman Bennett moved to re• fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Claa•k, Kane, Murphy, i Nays-Nore. Petition of Geo. J. Hendricks, re- '~ ferred to the City Council by the ' Board of Supervisors, requesting suspension of the 1936 taxes on Lot 1 of 1 of 1 of E. ~ of Lot 40 of Kelly's Sub., Und. 1.5 of E. 9 f e e t o f 2 o f 1 o f E, t/z o f Lot 40 of Kelly's Sub.,, Und. 1.6 of E. 9 feet of W. 29 feet of 2 of 1 of E. '/z of Lot 41 of Kelly's Sub., Und. 1.5 of N. 9 fs~et of E. 100 feet of 2 of 1 of E. 1/z of Lot 41 of Kelly's Sub., presented and read. Councilman Bennett moved to re- fer the petition. to the City Solic- itor fot• investigation and report. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council• rnen Bennett, Clark, Kane, Murphy. Nays-None. Petition of Frank Kressig, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1936,taxes on Lot 76 of Pleasant View Addition, pre- sented and read. Councilman Bennett moved to re• fer the petition to the City Solic- itor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayot• Chalmers,, Cottncil• men Bennett, Clark, Kane, 1Vhirphy, Nays-None. October 28th, 1937. Honorable 11layor and City Ceuncil. Gentlemen; With regard to at- tached petition of Mr. M. J. O'Brfsv et al referred to the Planning and Zoning Commission by City Coun• cil Sept. 10th, the Planning and Zoning Commission recommends to your body that said petition be re- jected. As a point of principle, the Plan- wing and Zoning Commission ob• jects to the encroachment of busi- ness onto Church property and Church activities. You will note attached letter signed by Rev. John Halpin, pastor of St. Columbkille's Church re- questing removal of his name from the petition, and stating- that he does not favor the rezoning re• quested, having signed the petition originally under a misunderstand- ing of the situation. Respectfully submitted, Dubuque Planning and Zoning Commission. R. V. McKay, Secretary, Councilman Kane moved that the recommendation of Dubuque Plan• ning and' Zoning Commission be re- ceived and filed. Seconded by Councilman Clariz. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Bennett moved that the City Solicitor be instructed to Regular Session, November 1st, 1937 269 prepare the proper proceedings for the re-zoning of the South 40 .feet of the Sub. of Lot 81 and 82 of Union Addition from aSingle-fam- ily Residonce District to a Local Business District. Seconded by Councilmant Murphy. Carried by the following vote: Yeas -Councilmen Bennett,, Clark, Kane, Murphy. Nays-Mayor Chalmers. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As you no doubt know, it has been the practice of the Water Company to charge the Park Board for water used in Madi• son Pat•Iz, Eagle Point Park, the Tourist Parlt and at the. green- houses a.nd office at 2241 Lincoln Avenue, the other park properties never having been charged for wa- ter at any time. The Park Board is faced with considerable additional expense because of improvements having been made, particularly at Eagle Point. Inasmuch as the Par k Board is operating on a reduced budget compared to that of some years back, I recommend that the Parh Board be allowed the use of $400.00 worth of water per year, without cost, and any used in ex- cess of this amount be charged to them, thus insuring that wasteful methods will be discouraged. Because of the heavy expense incut•red by the Park Board dur- ing the current year, I recommend that the outstanding water bills against the Parh be cancelled. Respectfully submitted, A. A. RHOMHERG, City Manager. Councilman Kane moved that the recommendation of City Man• ager Rhomberg be approved. Sec- onded by Councilman Clark. Car• Tied by the following vote; Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Comtcil held October 25, 1937, the communication from the Iowa State Highway Commission with reference to the establish- ment of special speed limit dis• tricta at the entrance of the ar- terial highways into the. City of Dubuque was referred to me for investigation and report. I have examined al] the arterial highway entrances into the City and recommend that an ordinance be drawn up to provide fora spe- cial speed limit of 35 miles per hour on Highway No. 61 from the south corporation line to the south line of Lot 2 of J. C. Scully's Sub. for the reason that this section of the arterial highway has but one house erected along it. In my opinion none of the other arterial entrances into the City of Dubuque should be changed from the present 25 mile per hour resi- dential district speed limit. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Man- ager Rhomberg be approved and the City Solicitor to be instructed to prepare the proper ordinance. Seconded by Councilman Clark. Carried by the follotyiug vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. November- 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iewa. Gentlemen: At the session of the City Council held September 7, 193"r, it was decided that the City Council view the proposed exten- sion of Abbott Street from Lowell Street to Seminary Street. The Council did so view the grounds on October 30th and it teas their opinion that cmtditions did not warrant such expense and that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the decision of the City Council be approved. Seconded by Council- man Murphy. Carried by the fol- lowing vote; Yeas-Mayor Chalmers, Council- men Sennett, Clark, Kane, Murphy. Nays-None. November 1, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting held September 7, 1937, the communica- tion of the Board of Education t•e• questing the extension of Avoca Street from Seminary Street to Kaufmann Avenue was referred to the Ctty Council to view the grounds, The City Council viewed the grounds on October 30, 1937, and decided that the expense of such improvement tivould be large con- sidering the small number of Sen- ior High School pupils that would 270 Regular Session, November 1st, 1937 be directly benefitted and that the petition therefore be denied. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Bennett moved that the decision of the City Caunci] be approved. Seconded by Council- man Murphy. Carried by the fol• lowing vote; Yeas-Mayor Chalmers, Council- men Dennett, Clark, Kane, Murphy. Nays-None, Resolution No. 126-37 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 per- mit to sell cigarettes and cigar- ette papers within said City, and the 11lanager is directed to issue such permit on behalf of said City. Name, Address. Hartig Drug Co., Inc. (Transfer of address from 2510 Central Ave- nue), 2376 Central Avenue, Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 1st day of November, 1937. JOHN K, CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A, M, BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Sec- onded by Councilman Bennett. Carried by the follo~ying vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Resolution No. 127-37 Whereas, this Council, on the 5th day of August, 1937, caused to be issued a Class "B" Beer Per- mit bearing tha Number 117 to Louis Chase, operating a tavern at 1046 Central Avenue in the City of Dubuque; and Whereas, it has come to the at• tention of this Council that the owner and holder of said permit has conducted his place of busi- ness in a disorderly manner and otherwise in violation of law; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that Class "B" Beer Permit No. 117, heretofore issued to Louis Chase, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwith and return the same for cancellation, Passed, adopted and approved this 1st day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. I{ANE, GEO. R, MURPHY, A, M, BENNETT, Councilmen. Attest; J, J. SHEA, City Cleric. Councilman Kane moved the adoption of the resolution. Sec- onded by Councilman Bennett. Carried by the following vote: Peas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Resolution No. 128-37 Resolution and application for authority to transfer the sum of $18,000.00 from the Emergency Fund to the Garbage and Street Cleaning Fend of the City of Du- buque. Whereas, in the year 1936, the sum of $16,499.00 was certified by the City Clerk of the City of Du- buque as the tax levy for the Gar- bage and Street Cleaning Fund to be expended during the fiscal year, 1937-38, which sum was the max• imum amount authorized by sta• tute far such fund; and Whereas, the total amount of the tax levy for the Garbage and Street Cleaning Fund, to-wit, $16,499.00, is needed for street cleaning purposes and there will be no money available in such fund to pay the contract for gar- bage collection, which contract amounts to $18,000,00 annually; and Whereas, in order to pay such sum of $18,000.00 for garbage col• lection, it was proposed to trans- fer from the Consolidated Fund to the Garbage and Street Cleaning Fund during the fiscal year, 1937- 38, said suns of $18,000.00; and Whereas, there has been repaid to the Bonded Sinking Fund from the Consolidated Fund the sum of $19,112.35, being the balance due such Bonded Sinking Fund on as count of a transfer heretofore made therefrom to the Consol- idated Fund and because of such payment, there is not sufficient money in the Consolidated Fund to permit a transfer therefrom to the Garbage and Street Cleaning Regular Session, November 1st, 1937 271 Fund of said sum of $18,000.00 or any other amount; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,583.79; and Whereas, the garbage contract obligates the City of Dubuque to pay the sum: of $1,500.00 monthly for the collection of garbage and dead animals and if the requested transfer is not authorized, said City will default in the making of such payments; and Whereas, there is no other fund from which such obligation can be paid; and Whereas, before any transfer can be made from the Emergency Fund to the Garbage and Street Clean- ing Fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon ; Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuqud that, subject to the approval of the State Comptroller, them be and there is hereby transferred front the Emergency Fund of the City of Dubuque to the Garbage and Street Cleaning Fund of said City the sum of $18,000,00, which is now in the hands of the City Treasurer, and the State Comptroller is ]tere- by petitioned to authorize such transfer. Be it further resolved that when such approval has been received from said State Comptroller that the Auditor and Treasurer correct their books accordingly. Passed, adopted and approved this 1st day of November, 1937. JOHN K, CI3ALNIERS, Mayor, CARL A, CLARK, M. R, I{ANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen, Attest: J. J. SHEA, City Cleric, APPROVAL. The foregoing resolution and petition for transfer of funds be and the same is hereby approved this ................day of November, 1937. ................................................ State Comptroller. Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Verbal report of City Solicitor Czizek recommending that the Quit Claim Deed of Carrie P. Stone to the City of Dubuque of Lot 1 of Lot 1 of Lots 10 and 11 of Finley Home Addition, and also the Quit Claim Deed of Angelina Hillard and Leo Hillard of Lot 1 of Lot 2 of Lots 10 and 11 of Finley Home Addition be accepted and recorded with the County Recorder. Councilman Clark moved that the recommendation of City Solic• itor Czizek be approved and that the Deeds be recorded with the County Recorder. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlc, Kane, Murphy, Nays-None. Councilman Murphy moved that the request of Frank Kressig for suspension of the 1936 taxes on Lot 76 of Pleasant~View Addition be granted and the Board of Super• visors to be notified of the action of the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas-Maym• Chalmers, Council- men Bennett, Clark, Katte, Murphy, Nays-None. There being no further business, Councilman Kane moved to ad- journ, Seconded by Councilman Clarlc. Carried by the fallowing vote: Yeas-Mayor Chalmers, Counci]• men Bennett, Clark, Kane, Murphy, Nays-None, J. J. SHEA, City Clerk. Approved ..............................1938. Adopted ................................1938. Councilmen: ; ..................................... Attest: City Clerk. 1 ~_ ^_ 272 Special Session, November 1Sth, 1937 Clt~ COI~IICII (Official) Special Session, November' 15th, 1937. Council met at 5:05 P. M, Present-Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- phy, City Manager Rhomberg. Meeting called by order of May- or 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 purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map as the same ap• plies to certain districts provided far therein as follows: By changing from "Two-Family Residence District" to "Multiple Residence District" all of the lots, lands and parcels of real estate ly- ing within the area bounded on the south by the center line of West 3rd Street; on -the north by the center line of West 5th Street; on the east by the center line of Bluff Street; and on the west by the center of Butch Street; and acting on any other business as may prop- erly come before ~a regular meeting of the City Council. Proof of publication, certified to by the publishers, of the notice of a public hearing to be held upon a proposal to amend and change the Zoning Map by changing from "Two-Family Residence District" to "Multiple Residence Dish•ict" all of the lots, lands and parcels of real estate lying within the area bounded on the south by the cen- ter line of West 3rd Street; on the north by the center line of West 5th Street; on the east by the cen- ter line of Bluff Street; and on the west by the center line of Burch Street, presented and read. There being rro objections filed, Councilman Murphy moved that the proof of publication be re• ceived and filed. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmors, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Councilman Bennett moved that City Solicitor Czizek be instructed to prepare the proper ordinance to amend and change the Zoning Map by changing from "Two-Family Residence District" to "Multiple Residence District" all of the lots, lands and parcels of real estate ly- ing within the area bounded on the south by the center line of West 3rd Street; on the north by the center line of Weat 5th Street; on the east by the center line of Bluff Street; and on the west by the center line of Burch Street, Sec- onded by Councilman Murphy. Car- ried by the following vote: Peas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Mut•plty. Nays-None. Resolution No. 12&-37 Resolution and application fm• authority to transfer the sum of $18,000.00 from the Emergency Fund to the Garbage and Street Cleaning Fund of the City of Du• buque. Whereas, in the year 1936, the sum of $16,499.00 was certified by the City Council of the City of Du- buque as the tax levy for the Gar- bage and Street Cleaning Fund to be expended during the fiscal year, 1937.38, which sum was the max- imum amount authorized by sta- tute for such fund; and Whereas, the total amount of the tax levy for the Garbage and Street Cleaning Fund, to-wit, $16,499.00, is needed for street cleaning purposes and there will be no money available in such fund to Pay the contract for garbage collection, which contract amounts to $13,000.00 annually; and Whereas, in order to pay such sum of $18,000.00 for garbage col- lection,it was proposed to transfer fiom the Consolidated Fund to the Garbage and Street Cleaning Fund during the fiscal year, 1937-38, said sum of $18,000.00; and Whereas, there has been repaid to the Bonded Sinking b'und from the Consolidated Fund the sum of $19,112.35, being the balance due such Bonded Sinking Fund on ac- count of a transfer heretofore made therefrom to the Consol- idated Fund and because of such payment, there is not sufficient money in the Consolidated Fund to permit a transfer therefrom to the Garbage and Street Cleaning Fund of said sum of $18,000.00 or any other amount; and Whereas, there is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $23,583.79; and Whereas, the garbage contract obligates the City of Dubuque to pay the sunr of $1,500.00 monthly for the collection of garbage and dead animals, and iF the requested transfer is not authorized, said Special Session, November 1Sth, 1937 273 City will default in the making of. such payments; and Whereas, there is no other fund from which such obligation can be paid; and Whereas, before any transfer can be made from the Emergency Fund to the Garbage and Street Clean• ing Fund, an application must be made to the State Comptroller for authority to make the transfer and ,his approval secured thereon; Now, Therefore, Be It Resolved by the City Coun• Gil of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Emer- gency Fund of the City of Dubuque to the Garbage and Street Cloan• ing Fund of said City the sum of $18,000.00, which is now in the hands of the City Treasurer, and the State Comptroller is hereby petitioned to authorize such trans- fer. Be It Further Resolved that when such approval has been re- ceived from said State Comptroller that the Auditor and Treasurer correct their books accordingly. Passed, adopted and approved this 1st clay of November, 1937. JOHN I{, CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk, APPROVAL. The foregoing resolution and petition far transfer of funds be and the same is ]rereby approved this 2nd day of November, 1937. C. B. MURTAGH, State Comptroller. Councilman Bennett moved that the approval of State Comptroller Murtagh of Resolution No. 128-37 be made a matter of record. Sec- onded by Councilman Kane. Car• Tied by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Notice of claim of Lucile Mc- Aloon in the sum of $1,000.00 for injuries sustained and received as the result of a fall upon the side- walk-on the easterly side of Main Street, between Fourth and Fifth Streets, directly in front of and adjacent to the entrance of the premises known and described as 498 Main Street, presented and read. Councilman Murphy moved to re• fer the notice of claim to the City Solicitor. Seconded by Councilman Clark. Carried by the fallowing vote: Yeas-Mayor Chalmers, Comrcil- men Bennett, Clark, Kaue, Murphy. Nays-None. Notice of Foreclosure of Mort- gage of Mary Weber Frehlich, Plaintiff, vs. Philip Erschens, Su- sana Erschens, City of Dubuque, et al, Defendants, presented and read. Councilman Bennett moved to refer the Notice of Foreclosure to the City Solicitor. Seconded by Councilman Murphy, Carried by the fallowing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None, Notice of Claim of John Schoe- berl in the amount of $128.40 for injuries sustained in falling 'at the intersection of Eighth Avenue and Main Street, said fall resulting from the o(Seration of the street- flusher causing water to fall upon said street and ice to form from said water, presented and read. Councilman Bennett moved to refer the notice of claim to the City Solicitor. Seconded by Coun• Gilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-Noce, Petition of Leo Schwind Post, Veterans of Foreign Wars, request- ing permission far the sponsoring of a series of dances to be held once a week for a period of 15 weeks without having to pay for the services of a policeman at these dances as the veterans them- selves will maintain their own pol- ice patrol, presented and read. Councilman Clark moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Petition of The Salvation Army requesting permission to use a small Christmas house on the side- walks instead of the old tripod for Christmas kettles; the houses will be used on the streets from De- cember 1st to December 25th, pre- sented and read. Councilman Bennett moved that the request be granted, .Seconded by Councilman Clark, Carried by the fallowing vote; Peas-Mayor Chalmers, Council- 274 Special Session, November 15th, 1937 men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Barnsdall Refining Corporation submitting application for a Permit to continue using the flood light pole installed at their service station located at Grand- view Avenue and Delhi Street, pre- sented and read. Councilman Bennett moved that the request be granted with the Provision that a Public Liability Bond in the amomrt of $1,000.00 be furnished to the City of Dubuque covering liability mr the erection of said flood light pole. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Mm•phy. Nays-None, Petition of Retail Merchants Bu- reau requesting permission for the holding of a Santa Claus parade on Saturday, November 27th, and that two motorcycle policemen escort the parade and as many other policemen as are necessary to guard the parade at the various street intersections, and also that all parking be eliminated on Main Street from early in the morning until after the parade is over, and that the streets be raped off, also that a portion of Seventh Street between Locust and Bluff Streets be blocked off for the location of a cabin to house Santa Claus and that two policemen be stationed at the cabin to help control crowds, also requesting that the City as- sume the cost of cm•rent for the loud speaker which will be placed on top of the Roshelc Building and that one city electricfian be pro- vided to place a fuse block con• nection at or near the location of the cabin at Washington Park and also requesting permission for the erection of Christmas l i g h t i n g decorations at the intersections on Main Street from 4th to 10th Streets, inclusive, and on Eighth Avenue from Iowa to Bluff Streets, inclusive, and that the City as• sume the cast of current for the extra lights to be placed in the business district from November 25th to January 1st, presented and read. Councilman Kane moved that the requests be granted with the provision that ~a Public Liability Bond be funrnished covering the liability on the erection of said Christmas lighting decorations on the public streets, Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlc, Kane, Murphy. Nays-None. Petition of John J, Rettenmaier, Administrator of the Estate of Geo. Rettenmaier, requesting a re- fund on penalty and i n to r e s t charges paid on delinquent special assessments levied against the South 7 feet of Lot 10 and all of Lots 12 and 14 of Wick's Addition, Fund No, 880, presented and read. Councilman Kane moved that the request be granted and that a warrant in the amount of $76.25 be ordered drawn on the Special Bonded Fund, Fund No, 880, in fa- vor of John J. Rettenmaier, 'Ad- ministrator of the Estate of Geo. Rettenmaier, to covet- the amount of refund granted. Seconded by Councilman Murphy. Carried by the fallowing vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Petition of W. C. Folsom et al„ residents of Asbury Road and enr ployees of St. Joseph's Sanitarium, requesting that the Interstate Power Company extend the bus route and service along Asbury Road to the Sanitarium, presented and read. Councilman Murphy moved that the petition be received and filed. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane,, Murphy. Nays-None, Petition of Franlc Seeley, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1936 taxes on Lots 11 and 12 of Block 5 of Grandview Park Addition, pre- sented and read, Councilman Bennett moved to ret fer the petition to the City Solic- itor fot• investigation and report. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Petition of Wm- Canfield, Sr., re- questing permission to erect a can- opy over the hotel entrance at the southwest corner of 4th and Cen• tral Avenue, presented and read. Councilman Clark moved that the request be granted and the City Solicitor to be instructed to prepare the proper- ordinance cov- ering the erection of said canopy. Seconded by Councilman Kane, Carried by the following vote: Yeas-Mayor Chalmers, Council- ecial Session, November 15th, 1937 275 men Bennett, Clark, Kane, Murphy. Nays-None, Petition of Wm, and Eliz. Rauch requesting the City to prepare the alley adjacent to Lots 11 and 12 in Stewart's Addition in order that they have a driveway into their garage, presented and read. Councilman Kane moved to refer the petition to the City Manager for investigation and report. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Council Proceedings far the month of September, 1937, pre- sented for approval. Councilman Bennett moved that the Council Proceedings for the month of September, 1937, be ap- proved as printed. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Communication of Carl Grabow, Recreational Director, recommend- ing that an examination be, made of the grandstand and bleachers at the Athletic Field in order that proper repairs be completed before the Athletic Field is again opened to the public in the spring, pre- sented and read. Councilman Murphy moved to refer the Petition to the City Coun- cil for consideration at the time of making the appropriations for the ensuing year. Seconded by Coun- cilman Clark. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Ceutrcil- men Bennett, Clark, Kane, Murphy, Nays-None. November 8, 1937. To the Honorable Mayor and City Council, Dubuque, Iewa. Gentlemen: I am submitting herewith reports of the City Aud- itor, City Treasurer and City Water Department for the month of October, 1937, also list of claims and list of payrolls for which war- rants were drawn during the month of October, 1937. Respectfully submitted, A. A, RHOMBERG, City Manager, Councilman Bennett moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. November 15, 1937, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; This is to advise that I have approved the following bonds and policies and desire to have your approval on same for filing: EXCAVATTON, Seubert & Fesler, 1603 Central Avenue; Bond No. 137284, Com- mercial Casualty Insurance Co, SIGNS. Buechele Jewelry Shop, 1042 Main St.; Policy No, PL~43159, Bi- tuminous Casualty Corporation. R, J, Quinlan and Mrs. Margaret Quinlan, 11th and White Streets; Policy Na. MPL 1168, The Shelby Mutual Plate Glass and Casualty Co. Triangle Cafe, 926 Main Street; Policy No. OLT 20077, Bituminous Casualty Corporation, Taylor-Yonkers Company, N, W. Car, 4th and Iowa Streets; Policy No. I.C.&114, 1746515, Continental Casualty Company. Beatrice Creamery Company- Signs at following locations: Lon Steiner, 2195 Delhi Street; Wm. Wagner, 1501 Rhomberg Avenue; Wm, Trimpler, 1585 Delhi Street. Policy Na. G. 8225631, Zurich Gen- eral Accident and Liability Insur- ance Co. A. H. & A. C. Ruprecht, 1423.27 Central Avenue; Policy No. OPW 269, Central Surety and Insurance Corporation. John A, Armstrong (Army's Re- creation), 398 Main Street; Policy No, IGB 3579, Standard Accident Insurance Company. Kies & Butler, 972 Main Street;. Fidelity and Deposit Company of Maryland, Dubuque Leather and Finding Co„ 133 West 7th Street. Mer- chants Mutual Bonding Co. Bond No. 15586. Gust Billis, 597 Main Stt•eet; Western Surety Company. Premier Pabst Salmi Company. Sign at following ]oc~ation: Greg- ory's Tavern, 1105 Julien Avenue. Policy No. OLT 5296, Fireman's Fund Indemnity Company. Dubuque Implement Company, 57 Main Street; Policy No, 71888-K, American Surety Company of New York, Miss Mary Callaghan, 280 Main Street; Policy No, CLI 2536, Ce• lumbia Casualty Company. Respectfully submitted, A. A, RHOMBERG, City Manager. ^_ ~_ ~_ 276 Special Session, November 1Sth, 1937 Councilman Bennett moved that the bonds and policies be approved and placed on Sle. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Resolution No. 129-37 Be it resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law t•elating to the sale of cigarettes within the City of Dubuque, be granted a per- mit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Kermit Meyc-r•s, 714 Main Street. Be it further resolved that the bond filed with the application be approved. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A, CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Comtcilman Kane moved the ad- option of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayot• Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 130-37 Whereas, applications for Class "B" Beer Peewits 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 fol- lowing applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. CLASS "B" PERMIT Fred Herber and Ray Nicks, 521 L+'ast 22nd Street. George Hail, 1766 Centro] Aven• ue. Howard B. Brownell, 198 Main Street. Milton J. Kalmas, 1085 Julien Avenue. Joe Graff, 1046 Central Avenue. Wm. Canfield, Jr., S. W. Cor. 4th and Central Avenue. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MU}Z]'HY, A. M. BENNETT,. Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Clark moved the ad- option of the resolution. Seconded by Councilman Bennett. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark,, Kane, Murphy. Nays-None. Resolution No. 131-37 Whereas, heretofore applications were filed by the within named applicants- for Class "B" Beer Per- mits and they received the approv a] of this Council; and Whereas, the premises to be oc• cupied by them have been inspected and found to comply with the ordi• nances of this City and they have filed a proper bond: Now, there- fore, Be tt resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named persons a Beer Permit: CLASS "B" PERMIT Fred Herber and Ray Nicks, (New), 521 East 22nd Street. George Hail, (New), 1766 Cen- tral Avenue. Howard D. Brownell,. (New), 198 Main Street. Milton J. Kalmas, (New),. 1085 Julien Avenue. Joo Graff, (New), 1046 Central Avenuo. Wm. Canfield, Jr., (New), S. W. Cor. 4th ands Cc-vttral. Morris Blum, (Renewal), 700 E. 16th Street. • Arthur Norton,. (Transfer of ad• dress from 342 Main St.), 336 Maiu atreet. Mrs. Mary Berwick, (Transfer of address from 400 Iowa St), 265 Main Street. Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 15th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerlt. Councihnan Clark moved the ad• option of the resolution. Seconded ecial Session, November 1Sth, 1937 277 by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, I{one, Murphy. Nays-None, Resolution No. 132-37 Whereas,. this Couucil, on the 1st day of July, 1937, caused to be is- sued aClass "B" Beer PsTmit bear- ing the Numbet• 77 to Charles Pe• traltis, operating a tavern at 1968 Central Avenue in the City of Du- buquo; and lYhereas, it has come to the at- • tention of this Council that the owner and holder- of said permit has conducted his place of business iu a disorderly manner and other- wise in violation of law: Now, therefore, Be it resolved by the City Coun• cil of the City of Dubuque that Class "B" Beer Permit No. 77, heretofore issued to Charles Pe• trakis, be and the same is hereby revoked and the Chief of Police is directed to take up such permit forthwi h and return the same for cancellation. Passed, adopted axid approved this 15th day of November,. 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M. R. KANE, GEO. R. -MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Cowtcilman Kane moved the ad- option of the resolution. Second• ed by Councilman Clark. Cat•ried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. Resolution No. 133-37 Whereas, the City Council of the City of Dubuque, upon its own mo- tion, proposes to amend and change the Zoning Map of said City in the following respects: by chang• ing from "Single-Family Residence District" to "Local Business Dis- trict" the south 40 feet of Lots 81 and 82 of Union Addition to the City of Dubuque; and Whereas, before said Zoning Map may be thus amended and changed, it is necessary that a public hear- ing be held thereon: Now, there- fore, Be it resolved by the City Coun- cil of the City of Dubuquo that the Clerk be and he is hereby directed to cause to be published in the Telegraph-Herald a notice of a pub• lic hearing to be h,e1d by this Council upon the proposed chang• es and amendments, the date of said meeting being hereby fixed at 7;30 o'clock P. M. December 6th, 1937, and to be held in the Coun- cil Ghambet• at the City Hall, said notice to be published at least fif• teen (15) days before the date of said meeting, at which time all par- ties in interest and citizens shall have an opportunity to be heard. Passed, adopted and approved this 16th day of November, 1937. JOHN K. CHALMERS, Mayor. CARL A, CLARI{, M. R. KANE, GE'O. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerlt. Cotmcilman Clark moved the ad- option of the resolution. Second• ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kpne, Murphy. Nays-None. Ordinance No. 11-37 An ordinance granting to Joseph Jungels, his successors and as• signs, the right to construct and maintain a canopy over the side- walk at lOS5 Julien Avenue, pre• scribing the conditions of such pet•• wit and declaring an emergency, presented and read. Councihnan Kane moved that the reading just had be considered the first reading of the ordinance: Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayot• Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Conn• Gilman Clark. Caried by the fol- lowing vote: Yeas-Mayor Chalmers, Couucil• men Bennett,. Clark, Kano, Murphy. Nays-None. The ordinance was then read a second time. Councilman Katio moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman •Clarlt. Carried by the following vote: Yeas-Mayor Chalmers, Couucil- Wren Bennett, Clarlt, Kane, Murphy. Nays-None. Ordinance No. 12-37 An ordinance granting to the Maizewoad Insulation Company, its successors and assigns, the right to construct and maintain a load- ing platform on Salina Street, pre• scribing then conditions of such per• wit ,and declaring an emergency, presented and read. 278 Special Session, November 15th, 1937 Councilman Murphy moved that the reading just had be considered the first reading of the ordinance, Seconded by Councilman Clark: Carried by the fallowing vote: Yeas-Maym• Chalmers, Council- men Bennett,- Clarlc, Kane, Murphy, Nays-Notts. Couucilman Murphy moved that the rules be suspended requiring an ordinance to be read on three separate days, Seconded by Cotm- cilman Clark. Carried by the fol- lowing vote: Yeas-Dlayor Chalmers, Council, men Bennett, Clat9t, Kane, Murphy. Nays-None. The ordinance was tlien read a second tints. Councilman Murphy moved that the reading just had be considered the second reading of the ordi• nonce. Seconded by Councilman Bennett. Carried by the fallowing vote: Yeas-Maym• Chalmers, Council, nten Bennett, Clark, Kane, Murphy. Nays-None, Ordinance No, 13--37 An ordinance amending Ordi• uance No, 10-37 entitled: "An or• dinance regulating the use of ve- hicles upon the streets of the City of Dubuque; designating the pro, visions hereof as the 'Traffic Codo' of said City; repealing all ordi- nances or parts of ordinances in Conflict herewith; and providing a penalty for violation hereof" by amending Rule No. 93 of Paragraph 609, Section 3, relating to speed, presented and read. Councilman Bennett moved that the reading just had be consid• erect the first reading of the ordi• nonce. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Chahiters, Councih men Bennett, Cla"rk, Kane, Murphy. Nays-None. Councilman Bennett moved that the roles be suspended requiring an ordinance to be read on three separate days. Seconded by Coun• Gilman C1aTk. Carried by the fol- lotving• vote: Yeas-Mayan Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays~None. The ordinance was then read a second time, Councilman Bennett moved that the reading just had' be Considet'ed the second reading of the ordi- nance. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers,, Council, men Bennett, Clark, Kane, Murphy. Nays-None. November 16, 1937. To the Honorable Mayor and Couu• cil of the City of Dubuque. Gentlemen: A petition has been filed with your- Honorable Body by Dubuque Packing Company re- questing that it be granted permis• sion tb construct and maintain an unloading platform on Sycamore Street adjacent to its property and to use and maintain gates on East 17th Street for the purpose of re• straining livestock while passing from the north side of said street to the south side thereof. Objec• tiots have been filed to the grant- ing of such permits, such objec- tions being based substantially up• on the claim that the Cbuneil has no legal authority or jurisdiction to- grant the requests. My opinion has been requested regarding the legal aspects of the controversy which has arisen. I lisp to advise you that I have given the matters serious consideration: As to the unloading platform. 14Iy understanding is that there exists a railroad track on Sycamore Street, the west rail of which is about 12 feet easterly of the east- erly lot lines of the property own, ed by the petitioner; that there are no sidewalks on either the east or west sidES of Sycamore Street; that the Packing Company owns all of the lots facing Sycaniore Street from East 17th to East 18th Streets, except two lots owned by the Marshall Boflerworks on the northwest corner of 17th and Syca- more Streets; that the proposed unloading platform is to be used as an adjunct to the operation of stockyards to be conducted upon petitioner's lots and as a means of unloading cattle and hogs from railroad cars; that the construction and maintenance of the unloading platform and the operation of the stbcltyards is a part of an expan• sion program to be undertaken by the petitioner; that the platform is proposed to be built on SyCa- more Street and to be about 12 feet in width. The question raised by the ob- jections is that the Council has no authority to authorize such a struc- ture because it constitutes an un• lawful interference with the free use bf the street for its entire length and width and any such sti'uctnre, if built, will constitute a nuisance. Under the circnmstanCes sur- rounding this case, to sa hold would be placing a too narrow Con- struction upon the statutes of this State, ahd I Cannot agree with such Construction: It is true that the law imposes upon the Counei] the duty to keep streets and alleys 1 Session, November 15th, 1937 279 "open and in repair and free from nuisances;' but it also vests in the Council "the care, supervision .and control" of the streets and alleys. While an unloading platform might to some extent interfere tivith the full use of the street for the purposes of travel,, it does not necessarily constitute a nuisance. The character of the structure, its iise and its location are all matters to be considered in determining whether or not it is a nuisance. Furthermore, since the "care, su- pervision and control" of the streets and alleys rests with the Council, the Council has some dis- cretion in granting the use of streets for pitiposes which berie• fit the. owners of private property, Areaways built in sidewalks; steps constructed upon sidewalks; and structures bf similar nature all oc- cupy apart oY the streets upon or in which they are built, Yet they are recognized as legitimate uses of the streets. In one case, our Supreme Court has said: "We know of no rule of law which forbids the Construction of ways in the sidewalks to Cellars under the adjacent buildings:' In another case, it is said: "The nec- essities of modern life demand the location of many obstacles in the highways which in the olden tints would not have been tolerated even in the king:" It is true that such structures cannot be permanent in the sense that any right arises therefrom to maintain them even though public necessity should require their re- moval. Such grants at•e always ac• companied by a condition which requires their removal whenever public necessity arises and the Council should m•der their remov- al. Our Supreme Court has said that "an area could not be Con• strutted under the sidewalk with- out complying with conditions im• posed by the City." In another case, it was held: "Though scales had been locatEd by permission of the town, as this was by a license, the Council might order its removall." And, in another case, it was said: "Areas for light and basement windows and descents are necessary in order to carry on business in a city and, if such excavations are properly guarded or covered after completion, they do not in themselves constitute a nuisance." The foregoing statements are shfficient to show the construction that the courts have placed upon the laws of this State. It is a matter of public knowl= edge that throughout this City there are constructed many struc- tures which occupy at least a pant of the streets and sidewalks. They are used for purely private pur• poses as an incident to the con- venient use of premises and the operation of business. Very often business would be seriously injured if such uses were denied. Loading and unloading platforms are rec- ognized as necessary for many types of business, and the Council has not hesitated to grant licenses m• permits for such uses. How- ever, such grants are always coupled with restrictions and regu• latious so that the same never be• come permanent but are subject to continuous control by the Council, All of such grants are made by ordinances and,, among other things, usually contain a provision by which the enjoyment of the licerose is dependent upon restric• tinns and conditions as may be reasonably necessary +for the pro, tection of the public interest, in- cluding the right to revoke or r~ scind such license or permit if at any tints the public interest re• quires such revocation, Iu my opinion, this is a complete pt•otection to the public and is a proper exorcise of the statutory authority to "care, supervise and control" the streets and alleys. I Conclude that the Council, if it sees fit to do so, has the power and authority to authorize the construc- tion and maintenance of the un- loading- platform requested by the petitioner, providing such ]iaerose antl permit is coupled with proper regulatory provisions. As to the question of gates. The second proposition is directed to the right to grant to petitioner the right to erect and maintain gates across East 17th Street as a con, tiriuation of the alley line, such gates to be used only during the time livestock is being driven from the south to the north sides of the street. The thought seems to be maintained by the objectors that the Council lacks the power and authority to grant the permit. As I view the situation, it is not entirely a question of maintain- ing and operating gates,, but it di• iects itself to the question of whether or not the Council has the right to prevent the petitioner from using the streets and alleys for driving livestock over and across them, and whether or not it has the right to regulate such use. These questions are decided by statute. Section 5971 provides that: "Cit• ies shall have power to restrain and regulate the driving of live- stock within the limits of the cor• 280 Special Session, November 1Sth, 1937 poration." And Section 5744 (5) provides that: Cities have the pow- er to restrain and prohibit "the running at large of cattle, swine, sheep and other animals within the limits of the corporation." Under these granted powers, the Council may adopt an ordinance~ restraining the driving of livestock anywhere within the City; or it tnay adopt an ordinance regulat- ing the manner in which livestock may be driven within the City; or it may adopt an ordinance re• straining the dt•iving of livestock is some parts of th6 City and per- mit livestock to be driven over the streets. and alleys in other parts of the City subject to specified reg• ulations. Naturally, the driving of livestock over the stre-nts and al- leys of the City, just like the driv ing of vehicles, for the time be- ing obstructs the streets and al- leys. Yet power is granted to au- thorize such temporary obstruc• tions. And, further, the Council may prescribe conditions under which such operation ntay be carried on bath as to the length of time the streets may be thus obstructed and as to protective measures to pre- vent livestock from running at large or• trespassing upon private property while they ar6 passing ov- er the streets and alleys. How• ever, the regulation should not be unreasonable, Further, every effort should be adopted to avoid the driving of live- stock over and across the streets and alleys becoming a nuisance by reason of the depositing of filth and offal on the saute. In this connection, it would be a proper regulation to provide that such of- fal and filth must be removed promptly in order to avoid rart- uoyance, discomfort or inconven- ience to adjacent property owners or the general public. In this connection, I would sug- gest that, rather than grant the petition of the Dubuque Packing Company for permission to main- tain gates on East 17th Street, that the Couhcil adopt an ordi- nance prescribing regulations gov- erning the driving of livestock over the streets and alleys within a re- stricted area and, to .that end, I havo prepared such ordinance and I am submitting the same here- with for your consideration. If this ordinance should be ad- opted, it would not only permit the usE of the streets and alleys for the purposes stated in the pe• tition but it would also permit the maintaining of gates which could be operated for a limited period while livestock was being driven from one side of the street to the other. However, if gates are to be installed, they should be 'of such design, location and construc• ticn as will meet the approval of the Council and, in no event, should they be permitted to be lo- cated upon the private property of others, nor so located as to inter- fere with the proper use of pri• vote property, or• so located as to become an unreasonable interfer- ence with the use of public pra• Pm'tY• A second petition has been filed with the Council and Planning and Zoning Commission requesting the vacation of the easterly 25 feet of Cedar Street between East 16th and East 17th Streets and the sale of such vacated portion of the street to the petitioner which pro, poses to erect a permanent build- ing thereon. Objections to such vacation have also been filed by property owners on S y c a m o r e Street and on Cedar Street assert- ing that the Council is without authority to grant such request. Befot•e this petition cart be act- ed upon by the Council, it must be referred to the Planning and Zon- ing Commission for its recommen- dation. After such reconntienda- tion has been received, the Council may then consider whether or• not to adopt such recommendation, whatever- it may be, and it would then be time enough to consider the objections, Respectfully submitted,, M. H, CZIZEK, City Solicitor-. Councilman Kane moved that the legal opinion oR City Solicitor Czizek be made a matter of record. Seconded by Cotmcilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Ordinance No. 14-37. An ordin- ance prohibiting the driving of cat- tle, sheep and swine on foot over and across the streets and alleys of the City of Dubuque except within prescribed areas thereof, de• fining the conditions under which such livestock may be driven over streets and alleys within such areas, and prescribing q penalty far the violation hereof, presented and read. Councilman Bennett moved to suspend the rules far the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Couttcil._Sec- onded by Councilman Murphy. Carried by the following vote: Special Session, November 1Sth, 1937 281 Yeas-Mayot• Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Attorney F. D. Gilloan and At• torney Walter Koerner, represent- ing petitioners who had previously entered written objections to the granting of the petitions of the Du- buque P a c lr i n g Company, also Messrs. Marshall and Benda ad• dressed the Council objecting to the passage of Ordinance No: 14- 37 and also to the granting of the petitions of the Dubuque Packing Company, Mr. Peter McCarthy ad• dressed the Council in support of the petitions of the Dubuque Pack- ing Company, Councilman Kane moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Murphy, Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None, Councilman Kane moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. The ordinance was then read a second time. Councilman Kane moved that the reading just had be considered the second reading of the ordin• once. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Ckalmers, Couuci]- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Clark moved that the petition of the Dubuque Paclr- ing Company, requesting pe~mis- sion to construct a concrete rail- road unloading platform 12 feet wide extending into S y c a m o r e Street easterly of Lots 425, 42G and 427 of East Dubuque Addition No. 2 and lying between the rail- road traclrs and the east line of said lots, be granted and that the City Solicitm• be instructed to pre, pare the proper ordina-nce cover ing the construction of said plat- form, Seconded by Councilman 114urphy. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clarlr, I{one, Murphy, I~Tays-None, Councilman Clark moved that the petition of the Dubuque Pack- ing Company, requesting the vaca- tion of the easterly 25 feet of Ce• der Street from East 16th Street to East 17th Street and a convey- ance of such vacated portion of said street to the Dubuque Paclr- ing Company, be referred to the Planning and Zoning Commission far their recommendation and re- port. Seconded by .Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Bennett moved that the petitiona of Winceslas Benda and Mary Benda, Nicholas Steiclt• en and Margaret Steichen, also Bessie Render and Mr, and Mrs. I. Nemerowsky, Marshall B o i l e r Works by H. E. and Jackson 114. Marshall, and I. Nemerowsky and 19 other- signers, objecting and protesting to the granting of the petitions of the Dubuque Packing Company, be received and Sled, Seconded by Councilman Bennett, Clarlr, Kane, Murphy. Carried by the following vote: Yeas-Mayor Chahners, Council- men Bennett, Clark, Kane, Murphy, Nays-None. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented for Council ap• proval: Mrs. Fred Marquard re- questing suspension of the 1936 taxes on Lot 9, Sub. 1 of Min. Lot 68, request granted; Geo, J. Hen• driclrs requesting suspension of the 1936 taxes on Lot 1, Sub. 1 of 1 of E. 1/s of Lot 40 of I{elly's Sub,, Und. 1-5 of E. 9 feet of Lot 2, Sub. 1 of E. 1/s of Lot 40 of Kelly's Sub., Und. 1.5 of E, 9 feet of W. 29 feet of Lat 2, Sub. 1 of E, t/z of Lot 41 of Kelly's Sub„ Und, 1.5 of N, 9 feet of E, 100 feet of Lot 2, Sub. 1 of E, r/s of Lot 41 of Kelly's Sub., request granted. Councilman Clarlr moved that the decisions of the City Council on the various tax petitions be ap- proved and the Board of Supervis- ors to be notified of the action of the City Council. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Clalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Mr. J. P, Treanor et al, address- ed the Council requesting that the Interstate Power Company operate their buses over Mountain Lane and that Rush Street and l4foun- taro Lane be repaired and tltat the dip at Mountain Laue be elimiu- 282 Special Session, November 15th, 1937 ated and that the retaining wall on Villa Street be repaired. Councilman Clark moved that the requests be referred to the City Council to view the grounds. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. There being no further business, Councilman Kane moved to ad- journ. Seconded by Councilman Clark. Carried by the following Vete: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1938. Adopted ....................................1938 Councilmen: ~ ..................................... Attest : .................................................. Clty Clerk. oa~d of Health (Official) Special Session, November 15th, 1937. Board met at G:40 P. &I. Present-Chairman John I{. Chalmers, Messrs. A. M. Bennett, Carl A. Clark, M. R. Kane and Geo. R. Murphy. Special Order and Notice From Board of Health To Mrs. Mary F. Doyle: You are hereby notified that on the 15th day of November, 1937, the Local Board of Health for the City of Dubuque adopted a resolu- tion ordering you to abandon and remove the outside water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is here- in set out and is as follows: Resolution No. 134-37 Resolution of the Board of Health. Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot No. North r/3 of Lot 554 and Lot 2 of Lot 555 and Lot 4 of Lot '555, all in the original Town of Dubuque, owned by Mrs. Mary F. Doyle, 141/s Locust Street, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and removed and said vault cleaned and that a eani- tary teilet and toilet facilities be installed and connections made with the sanitary sewer. Be it further resolved that said Mrs. Mary P, Doyle be notified to remove and abandon the outside water closet, privy or privy vault located upon the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facilities be installed and connections made with said sewer, all of which to be done within Thirty (30) days from the date hereof, Be It Further Resolved that said Mrs. Mary F. Doyle be notified of the action of this Board by the service of a written notice togeth- Special Session, November 1Sth, 1937 283 er with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecution or such other action as the Council or Board of Health may determine. Dated this 15th day of Novem- ber, 1937. JOHN K. CHALMERS, Mayor. Attest; J. J. SHEA, City Clerk. You are further notified that prosecution will fallow a failure to comply with this order and notice, or such further action will be taken as to the Council or Board of Health may seem proper. (Signed) W. J. CONNELL, M.D., Health Officer. 14r. A. M. Bennett moved the adoption of the resolution. Sec- onded by Mr. Geo. R. Murphy. Carried by the following vote; Yeas-Chairman John K. Chalm- ers, Messrs. A, M. Bennett, Carl A. Clarlt, 114. R. Kane and Geo. R. Murphy. Nays-None. There being no further business, Mr. M. R. Kane moved to adjourn. Seconded by Mr. Geo. R. Murphy. Carried by the fallowing vote: Yeas-Chairman John K. Chal- mers, Messrs. A. M. Bennett, Carl A. Clark, 114. R. Kane and Geo. R. Murphy. Nays-None. J. J. SHEA, Clerk, Board of Health. Approved ..................................1938. Adopted ....................................1938. Clerk, Board of Health.