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1945 NovemberCouncil Proceedings 223 ing Inspector and also of the Con- demnation Committee appointed by the City Council. Resolution No. 101--45 Whereas, there was filed with the City Council of the City of Dubuque, Iowa, a report dated August 1, 1945, signed by the Fire Chief, Building Inspector, Electrical Inspe c tor, Plumbing Inspector and Represent. ative of the Health Department, setting forth, among other things that a certain building on iI Regular Session, November 1945. Council met at 7:30 P. M. Present-Mayor Thompson, Coun. cHmen Moffatt, Murphy. Van Duel- man, Wharton, City Manager Rhom- berg, 945 Regular Session, November 5th, C 6th, Counc (Official ity Lots 11 and 12 of Gilliam's Sub. division (in 400 Block on An- gella Street) in Dubuque, Iowa was in a dangerous condition and a menace to adjoining property. Mayor Thompson stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. And, Whereas, thereafter, a com- mittee of three was aP1lointed as by Sec. 544 of the Building Code of the City of Dubuque provided, to make a thorough investigation of said building and report as to the condition of said building to the City Council. And, Whereas, said Committee filed its report with this Council, dated September 27, 1945, stating, among other things, that said build- ing is a fire hazard, menace to ad- joining property and recommended its demolition. Return of service, subscribed and sworn to by Donald Bandy, Build- ing Inspector, stating that he served a notice upon Celia Lee, owner of Lots 11 and 12 of Gilliam's Subdi- vision to appear before the meeting of the Council to be held November 5th, 1945, and show cause why the building located on Lots 11 and 12 of Gilliam's Subdivision should not be declared a nuisance and abated, presented and read. Councilman Van Duelman moved that the return of service be re- ceived and filed. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: And, Whereas, this Council, by Resolution 91-45, caused and di~ rected the Building Commissioner of the City of Dubuque to have No- tice served upon Celia Lee, the own- er of the building on the premises above described, informing her that she might appear before the City Council on November' 5, 1945. at 7: 30 P. M. and show cause, if any, why said building should not be de- clared a dangerous structure, a nuisance and abated. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wish- es to do so, to address the Council. Seconded by Councilman'Van Duel- Carried by the following And, Whereas, said Notice has been duly served as so provided; said notice, together with proof thereof, being now on file in the office of the City Clerk. man. vote: Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. it resolved by the City the City of Dubuque After a full and fair considera. tion of this matter, said Council finds that a building located on: Lots 11 and 12 of Gilliam's Sub- division {in 400 Block on An- gella Street} in Dubuque, Iowa be, and the same is hereby declared to be a nuisance and it is ordered that the said building be abated Now, be Council of Mr. James F. Lee addressed the Council making inquiry as to who filed the petition asking that the building, owned by him located on Lots 11 and 12 of Gilliam's Sub- division, be ordered condemned. Mr. Lee was informed that no such pe- tition had been filed and that the condemnation proceedings were the resUlt of the report of the Building Inspector, Fire Chief, Sanitary Offi- cer, Electrical Inspector and Plumb- II t I~,'~-"" by Sec. 544 of the Building Code of the City of Dubuque provided, to make a thorough investigation of said building and report as to the condition of said building to the City Council. And, Whereas, said Committee filed its report with this Council, dated September 27, 1945, stating, among other things, that said build- ing is a fire hazard, menace to ad- joining property and recommended its demolition. And, Whereas, this Council, by Resolution 92-45, caused and di- rected the Building Commissioner of the City of Dubuque to have Notice served upon Jessie Braun, the owner of the building. on the 'premises above described, inform- ing her that she might appear be- fore the City Council on Novem- ber 5, 1945, at 7: 30' P. M. and show cause, if any, why said building should not be declared a dangerous structure, a nuisance and abated. And, Whereas, said Notice has been duly served as so provided; said notice, together with proof thereof, being now on file in the office of the City Clerk. Now, be it resolved by the City Council of the City of Dubuque: After a full and fair considera. tion of this matter, said Council finds that a building located on: Lot 1 of City Lot 675 in the City of Dubuque, Iowa (1795 and 1803 Central Avenue) be, and the same is hereby declared to be a nuisance and it is ordered that said building be abated and taken down on or before the 1st day of May, 1946. Be it further resolved, that the Building Commissioner be, and he is hereby directed to serve upon Jessie Braun a written Notice reo quiring said nuisance to be abated and taken down on or before the 1st day of May, 1946, attaching to said Notice a copy of this resolu- tion. Passed, adopted and approved his 5th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. J. J. SHEA, City Clerk. 225 1945 Regular Session, November 5th, Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Mollatt. Carried by the following vote: Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. J. J. Attest 1945 Lot 2 of City Lot City of Dubuque, Central Avenue) was in a dangerous condition and a menace to adjOining property. And, Whereas, thereafter, a com- mittee of three was appointed as by Sec. 544 of the Building Code of the City of DUbuque provided, to make a thorough investigation of said building and report as to the condition of said building to the City Council. in the (1793 676 Iowa Regular Session, November 5th, the Be it further resolved, that the Building Commissioner be, and he is hereby directed to serve upon Celia Lee a written Notice requir- ing said nuisance to be abated and taken down on or before the 1st day of May, 1946, attaching to said Notice, a copy of this Resolution. on or before 1946. and taken down 1st day of May, 224 Passed, adopted and approved this 6th day of November, 1946. F. W. Nays-None. Return of service, subscribed and sworn to by Donald Bandy, Build- ing Inspector, stating that he served a notice upon Jessie Braun, owner of Lot 1 of City Lot 675, to appear before the meeting of the Council to be held November 5th, 1945, and show cause why the build- ing located on Lot 1 of City Lot 675 should not be declared a nuis- ance and abated, presented and read. And, Whereas, said Committee filed its report with this Council, dated September 27, 1945, staUng, among other things, that said bund~ lng is a fire hazard, menace to ad- joining property and recommended its demolition. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. SHEA, City Mrs. Jessie Braun addressed the Council asking that she be granted an extension of time until May 1st, 1946, to remove the building from Lot 1 of City Lot 675. Councilman Wharton moved that the return of service be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. And, Whereas, this Council, by Resolution 88-45, caused and di- rected the Building Commissioner of the City of Dubuque to have Notice served upon Anna Kahn, the owner of the building on the prem- ises above described, informing her that she might appear before the City Council on November 5, 1945, at 7: 30 P. M. and show cause, if any, why said building should not be declared a dangerous structure, a nuisance and abated. And, Whereas, said Notice has been duly served as so provided; said notice, together with proof thereof, being now on file in the office of the City Clerk. City After a full and fair considera- tion of this matter, said Council finds that a building located on Now, be it resolved by the Council of the City of Dubuque J. Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Return of service, subscribed and sworn to by Donald Bandy, Build- ing Inspector, stating that he s~rved a notice upon Al Didesch, Guardian of Anna Kahn, Heir of Joseph Kahn, Deceased, owner of Lot 2 of City Lot 675, to appear be- fore the meeting of the Council to be held November 5th, 1945, and show cause why the building locat- ed on Lot 2 of City Lot 675 should not be declared a nuisance and abat- ed, presented aud read. Councilman Murphy moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote J. Attest II Attest Resolution No. 103-45 Whereas, there was filed with the City Council of the City of Dubuque, Iowa, a report dated August 6, 1945, signed by the Fire Chief, Building Inspector, Electrical Ins pee tor, Plumbing Inspector and Represent- ative of the Health Department, setting forth, among other things, that a certain building on: Lot 1 of City Lot 675 in the City of Dubuque, Iowa (1795 and 1803 Central Avenue) was in a dangerous condition and a menace to adjoining property. And, Whereas, thereafter a com- mittee of three was appointed as Lot 2 of City Lot 675 in the City of Dubuque, Iowa (1793 Central Avenue) be, and the same is hereby declared to be a nuisance and it is ordered that said building be abated and taken down on or before the 1st day of May, 1946. Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Be it further resolved, that the Building Commissioner be, and he is hereby directed to serve upon Anna Kahn a written Notice requir. ing said nuisance to be abated and taken down on or before the 1st day of May, 1946, attaching to said Notice a copy of this Resolution. Resolution No. 102-45 Whereas, there was filed with the City Council of the City of Dubuque. Iowa, a report dated August 1, 1945, signed by the Fire Chief, Building Inspector, Electrical Ins p e c tor, Plumbing Inspector and Represent- ative of the Health Department, setting forth, among other things, that a certain building on .~ 227 and show cause, if any. why said building should not be declared a dangerous structure, a nuisance and abated. And, Whereas, said Notice has been duly served as so provided: said notice, together with proof thereof, being now on file in the office of the City Clerk. Return of service, subscribed and sworn to by Donald Bandy, Building Inspector. stating that he served a notice upon Robert D. Hughes, own- er of the North % of City Lot 272, to appear before the meeting of the Council to be held November 5th, 1945, and show cause why the build- ing located on the North % of City Lot 272 should not be declared a nuisance and abated, presented and read. by the City Dubuque After a full and fair considera- tion of this matter, said Council finds that a building located on; The W. % of City Lot 272 in the City of Dubuquqe, Iowa (1036 Central Avenue) be, and the same is hereby declared to be a nuisance and it is ordered that said building be abated and taken down on or before the 1st day of May, 1946. Be it further resolved, that the Building Commissioner be, and he is hereby directed to serve upon Robert D. Hughes a written Notice requiring said nuisance to be abat. ed and taken down on or before the 1st day of May, 1946, attach- ing to said Notice, a copy of this Resolution. Resolution No. 105-45 Whereas, there was filed with the City Council of the City of Du. bUQue, Iowa, a report dated August 1, 1945, signed by the Fire Chief, Building InJ>pector, Electrical In- spector, Plumbing Inspector and Representative of the Health De- partment, setting forth, among oth- er things, that a certain building Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote; Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. on: The W. lh of City Lot 272 in the City of Dubuque, Iowa (1036 Central Avenue) was in a dangerous condition and a menace to adjoining property. And, Whereas, thereafter, a com- mittee of three was appointed as by Sec. 544 of the Building Code of the City of Dubuque provided, to make a thorough investigation of said building and report as to the condition of said building to the City Council. And, Whereas, said Committee filed its report with this Council, dated September 27, 1945, stating, among other things, that said build- ing is a fire hazard, menace to ad- joining property and recommended its demolition_ I 1945 5th, Regular Session, November it resolved the City of Now, be Council of Councilman Moffatt moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote Thompson, Coun- Murphy, Van Duel- Yeas-Mayor cilmen Moffatt, man, Wharton. Nays-None. Return of service, subscribed and sworn to by Wilfred J. Andresen Police Officer, stating that he serv- ed a copy of Resolution No. 97-45 upon Viola Deutmeyer, owner of Lot 24 of Tschirgi and Schwind's Addition, to construct a sidewalk abutting Lot 24 of Tschirgi and Schwind's Addition, presented and read. Councilman Van Duelman moved that the return of service be receiv- And, Whereas, this Council, by Resolution 90-45, caused and di- rected the Building Commissioner of the City of Dubuque to have Notice served upon Robert D. Hughes, the owner of the building on the premises above described, informing him that he might ap- pear before the City Council on November 5, 1945, at 7; 30 P. M. Regular Session, November 5th, 1945 ing is a fire hazard, menace to ad~ joining property and recommended its demolition. And, whereas, this Council, by Resolution 89--45, caused and di- rected the Building Commissioner of the City of Dubuque to have Notice served upon E. Hemmi, the owner of the building on the prem- ises above described, informing him that he might appear before the City Council on November 5, 1945, at 7:30 P. M. and show cause, if any, why said building should not be declared a dangerous structure, a nuisance and abated. And, whereas, said Noti~e has been duly served as so provided; said notice, together with proof thereof, being now on file in the office of the City Clerk. 226 Councilman Van Duelman moved the adoption of the resolution. Sec~ onded by Councilman Murphy. Car- ried by the following vote Be it further resolved, that the Building Commissioner be, and he is further directed to serve upon E. Hemmi a written Notice requir~ ing said nuisance to be abated and taken down on or before the 1st day of May, 1946; attaching to said Notice a copy of this Resolution. Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. it resolved by the City the City of Dubuque: After a full and fair consideration of this matter, said Council finds that a building located on The N. 11 ft. of N. 26 of City Lot 239 and South 22 ft. of City Lot 240 in the City of Dubuque, Iowa (527 Central Avenue) be, and the same is hereby declared to be a nuisance and it is ordered that said building be abated and tak- en down on or before the 1st day of May, 1946. Now, be Council of Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel~ man, Wharton. Nays-None. Return of service, subscribed and sworn to by Donald Bandy, Build- ing Inspector, stating that he served a notice upon E. Hemmi, owner of the North 11 feet of the North 26 feet of City Lot 239 and the south 22 feet of City Lot 240, to appear before the meeting of the Council to be held November 5th, 1945, and show cause why the build~ Jug located on the North 11 feet of the North 26 feet of City Lot 239 and the South 22 feet of City Lot 240 should not be declared a nuis~ ance and abated, presented and read. Councilman Murphy moved that the return of service be received and filed. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Resolution No. 104-45 Whereas, there was filed with the City Council of the City of Dubuque, Iowa, a report dated August 1, 1945, signed by the Fire Chief, Building Inspector, Electrical Ins pee tor, Plumbing Inspector and Represent- ative of the Health Department, set- ting forth, among other things. that a certain building on: The N. 11 ft. of N. 26 of City Lot 239 and South 22 ft. of City Lot 240 in the City of Du~ buque, Iowa (527 Central Ave.) was in a dangerous condition and a menace to adjoining property. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Attest And, whereas, thereafter, a com- mittee of three was appointed as by Sec. 544 of the Building Code of the City of Dubuque provided, to make a thorough investigation of said building and report as to the con- dition of said building to the City Council. And, whereas, said Committee filed its report with this Council, dated September 27, 1945, stating, among other things, that said build. '-("0' 229 to- permit the construction of the new hospital building, and also that the ground and area upon which the existing hospital buildings are lo- cated he included in such change, presented and read. Councilman Wharton moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Murphy, Carried by the following vote Communication of Ray J. Cosley advising Council that he desires to purchase Lots 1 and 4 of Block F of Industrial Subdivision and submit- ting an offer of fifteen cents per square foot for the same, presented and read. I 1945 Regular Session, November 5th, Carried by the following vote: Yeas-Mayor Thompson, Counel men Moffatt, Murphy, Van Due man, Wharton. Nays-None Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man Wharton. Nays-None. Petition of The Murphy Com- panies requesting a building and electrical permit for the erection of one twenty-four sheet poster panel on the North wall of the prop- erty known as 1397 Central Avenue, presented and read. Councilman Wharton moved that the petition be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Van Duel. man. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, 'Wharton. Nays-None. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Petition of the Stamp fer Building Company requesting a permit to erect a concrete loading dock at the rear of their building as per blue print attached, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Petition of Mrs. Katie A. Miller, referred to the City Council by the Board of Supervisors, requesting suspension of the 1945 tax on Lots 9 and 10 of Johnson's Subdivision, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote Councilman Wharton moved that the communication be referred to the Council for further considera. tion. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Conncf men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Petition of the AMTAS COM. P ANY requesting permission to oc- cupy a small portion of the alley in the rear of their building at 899 Main Street for the purpose of con- structing an additional exit from the rear of the basement, presented and read. Councilman Wharton moved that the City Solicitor be requested to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel man, 'Vharton. Nays-None. Petition of Joseph L. Barrington et ai, residents in the vicinity of the Diamond House, and others inter- ested in bus service to this area, re- questing the City Council to cause the Interstate Power Company to restore the bus stop at the inter- section of 8th Avenue, Hill Street and University A venue, presented and read. Councilman Murphy moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company. Seconded by Councilman Wharton. Carried by the following vote: Yeas-~Mayor Thompson, Counci men Moffatt, Murphy, Van Due ma.n, Wharton. Nays-None. Petition of St. Joseph Mercy Hos- pital of Dubuque asking that the zoning ordinance be changed so as 1945 for the future. You have recognized the fact that law enforcement must be considered as a profession and that the standards of those engaged in this type of work must be raised to the highest possible status. Regular Session, November 5th, ad. and filed. Seconded by Council- man Murphy. Carried by the fonow~ ing vote: Yeas-Mayor Thomspon, Council men Motfatt, MurphY, Van Duel man, Wharton. 228 It is my firm belief that, in view of your investment in sending your representative to the FBI National Academy, you will find it profitable to provide an opportunity for him to give the benefit of his experience and training to other members of your organization. I shall be glad to have you advise me how this Bureau may be of service in aiding you in your training program. I was glad to make the personal acquaintance of Chief Strub while he was here, and it is my sincere hope that both Chief Strub and your department will benefit from his at- tendance at this school. With assurance of my very best wishes, I am Sincerely yours, J. EDGAR HOOVER Councilman Van Duelman moved that the communication be received and made a matter of record. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Y eas- Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Communication of F ran k L. Specht submitting an offer in the amount of $200.00 for the purchase of a piece of property on Southern Avenue adjoining Lot 13 of Ran- dalls Sub. No.2, presented and read. Councilman Van Duelman moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote Nays-None. Communication of the Mettel Realty & Investment Company sub- mitting an offer in the amount of $275.00 for the purchase of Lot 42 in Belmont Addition, presented and read. Councilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Wharton. Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Communication of E. A. Deut- meyer advising of the receipt of notification for the construction of a sidewalk in front of his vacant lot on Custer Street and asking that he be granted an additional extension because the contractor who to whom the contract was awarded is not able to install the walk within the time stated in the notice, presented and read. Councilman Wharton moved that the request be granted for an in- definite period of time. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Communication of George H. Cur- tis, Jr., Captain, U. S. Marine Corps Officer-in-Charge asking that a pro- clamation be issued proclaiming November 10, 1945 as Marine Corps Birthday, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man. Wharton. Nays-None. Federal Bureau of Investigation United States Department of Justice Washington, D. C. October 26, 1945 Honorable A. A. Rhomberg, City Manager, Dubuque, Iowa My dear Mr. Rhomberg: It was my very great pleasure to- day to present to Chief of Police Joseph H. Strub a certificate as evidence of his satisfactory com- pletion of the fourteen weeks' course of training in Washington, D. C., at the FBI National Academy. In presenting this certificate, it was my feeling that it was not solely a personal award to Chief Strub, but that it was an award which will serve to strengthen the friendly ties between your department and the Federal Bureau of Investigation 231 receipts and also -3 list of claims for which warrants were drawn dur. iug the month of September, 1945, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Counei men Moffatt. Murphy. Van Due man, Wharton. Nays-None November 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The Dubuque Plan- ning and Zoning Commission re- spectfully recommends to your hon- orable body the granting of the petition of Leo E. Roethig asking vaca tioD of the portion of alley be- tween Bradley and Perry Streets from Randall Street southerly to the southerly boundary of Lot 5 of Block 7 of Grandview Park Addition and conveyance of use of flame un- der the same terms and conditions as now apply to v(j,cated streets and alleys in the Country Club-Golf property. II Yours truly, THE DUBUQUE PLANNING AND ZONING COMMI&SION By R. V. McKAY Secretary Councilman Van Duelman moved that the recommendation of the Planning and oZning Commission be approved and the City Solicitor requested to prepare the proper pro- ceedings. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. November 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The attached petition of The Highland Realty Co. referred to the Planning and Zoning Com- mission by your honorable body as of October 16, 1945 is not drawn up in accordance with the require- ments of Chapter 321 of the Code of Iowa and due to the fact that Dubuque has no approved munici- pal subdivision ordinance to imple- ment State Laws, interested parties must look to the latter for guidance. to join in the execution of plat of Lot 2 of Hughes Subdivision of the City of Dubuque and to execute for and on behalf of the City of Dubuque, a Quit Claim Deed conveying any and all inter- est the City has or may have in Lot 1 of Lot 2 of Hughes Subdi- vision of part of Mineral Lot 172 in the City of Dubuque and that after execution thereof said plat and said Quit Claim Deed be turned over to F. V. Baxter for filing in the office of the County Recorder of Dubuque County, Iowa. Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of the Dubuque Woman's Club requesting the City Council to take steps to destroy the rats and their breeding places before cold weather, presented and read. . Councilman Wharton moved that the petition be referred to the City Manager. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of the Concrete Products Company asking permission to cross Farley Street with a railroad track, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor ThompBon, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of Resolution No. 107-45 Whereas, an Application has been filed by F. V. Baxter stating that he has purchased: Lot 1 of Lot 2 of Hughes Sub- division of part of Mineral Lot 172 in the City of Dubuque That on November 8, 1892 one wn~ helmina Kruse, the then owner of said lot, conveyed part of said lot to the City of Dubuque, describing the same as: Lot 2 of Lot 2 of Hughes Sub~ division of City of Dubuque, Iowa, the same being intended fQr the widening of Delhi Street and to be used hereafter for street purposes and that no plat of record in Du- buque County shows the aforesaid Lot 2 of Lot 2 of Hughes Subdivi- sion has been filed. And, Whereas, F. V. Baxter, the purchaser of said lot has had pre- pared and submits to the City of Dubuque, a plat showing the plat- ting of Lot 2 of Hughes Subdivision of part of Mineral Lot 172 in the City of Dubuque and has requested that the City of Dubuque, as one of the owners, execute the same so that the plat may be filed. 1945 Regular Session, November 5th, 1945 behalf of the City of Dubuque a Quit Claim Deed conveying any and all interest that the City of Du- buque may have in Lot 1 of Lot 2 of Hughes Subdivision of part of Mineral Lot 172, presented and read. Regular Session, November 5th, Communication of A. Y. McDon- ald Manufacturing Company sub~ mitting offer in the amount of $2,000.00 for the purchase of Lots 278 and 279 of East Dubuque Ad- dition No.2 now owned by the City of Dubuque, presented and read. 230 Councilman Van Duelman moved that the request be granted. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Councilman Moffatt moved that the offer be accepted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Yeas-Mayor ThompBon, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays---None. Resolution No. 106-45 Be It Resolved by the City Coun- cil of the City' of Dubuque, Iowa, that it is deemed advisable to sell Lots 278 and 279 of East Dubuque Addition No. 2 in the City of Du- buque, Iowa to the A. Y. McDon- ald Mfg. Co., for the sum of Two Thousand and no-100 ($2,000.00) Dollars, and to execute a quit claim deed of said premises to said gran- tee and deliver the same to him upon the payment of said purchase price. Be It Further Resolved That the Mayor and Clerk of said City of Du- buque, be, and they are hereby au- thorized to execute said deed on be- half of the City of Dubuque, and to affix thereto the official seal of said City. Passed, adopted and approved this 5th, day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO. R. MURPHY W. W. MOFFATT Councilmen J. And. Whereas, said F. V. Baxter has requested that the. City of Du- buque execute and deliver to him a Quit Claim Deed to: Lot 1 of Lot 2 of Hughes SubdI- vision of part of Mineral Lot 172 in the City of Dubuque and submits said deed herewith Now, Therefore Be It Resolved by the City Coun. cil of the City of Dubuque: That the Mayor and Clerk of said City of Dubuque be and they are hereby authorized and empowered J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of F. V. Baxter request- ing that the Mayor and Clerk of the City of Dubuque be authorized and empowered to join in the execution of plat of Lot 2 of Hughes Sub- division and to execute for and on Attest "l"':"::'" ',;;, 233 5th day of me a Notary Public November, 1945. GERALDINE L. DEMKIER Notary Public Councilman Murphy moved that the report of the Civil Service Com- mission be received and made a matter of record. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. November 5, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the October 22nd session of the council, the petition of Baxter Manufacturing Company requesting permission to occupy a portion of Ninth Street as shown on the plan attached was referred to the council to view the grounds. that neighborhood. The Dubuque Packing Company to purchase and install a Master Alarm Box at or near its 16th Street entrance, out- side of the building. Several sub- stations located at the points of greatest fire hazard throughout the plant and stock yards, to be con- nected to the Master Box. The Mas- ter Box would also give fire alarm service to the other buildings in this vicinity. The City of Dubuque to connect the Master Box to its regular Fire Alarm System. The above plan has been agreed to in its entirety by Mr. H. W. Wahlert. It is my considered opinion that the plan outlined above will give the Dubuque Packing Company and surrounding buildings adequate fire alarm protection. Respectfully submitted, PERRY H. KIRCH, Chief, Fire Department The council, having viewed the site on November 4th, decided to grant the petition and to request the city solicitor to prepare the proper proceedings. of recommend that the action council be confirmed. Respectfully submitted, A. A. RHOMBERG. City Manager the this 1945 Regular Session, November 5th, Councilman Van Duelman moved that the recommendation and opin- ion of Fire Chief Kirch be received and made a matter of record. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Na.ys-None. westerly boundary at Mineral Lot 69, 310 feet to the northerly line of Mineral Lot 69; thence North 88" East along the northerly boundary of Mineral Lots 69 and 70 and of this course extended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the souther- ly line of Platt Street and the point of beginning" be rezoned from two Family Residence Classification to Multiple Residence Classification as shown on the attached plat, the same representing par c e I s ot ground upon which are located the existing hospital and related build- ings known as Mercy Hospital, Nurses' Home and St. Anthony's Home. 1945 Regular Session, November 5th, Therefore, the Planning and Zon- ing Commisison respectfully re- turns the petition without recom- mendation. Yours truly, THE DUBUQUE PLANNING AND ZONING .COMMISSION By R. V. McKAY Secretary 232 Mr. R. V. McKay, Secretary of the Planning and Zoning Commission, addressed the Council asking that action be taken as soon as possible on the adoption of a Subdivision ordinance. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION By R. V. McKAY Secretary Council:rnan Whartan moved that the communication of the Planning and Zoning Commission be made a matter of record. Seconded by Coun- cilman Murphy. Carried by the fol- lowing 'vote Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Councilman Whartan maved that the recommendatian of the Planning and Zoning Commisison be ap- proved and the City Salicitor re- quested to prepare the proper pro- ceedings. Seconded by Councilman Murphy. Carried by the following vote: Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be appraved and the City Solicitor requested to prepare the proper proceedings. Seconded by Councilman Wharton. Carried by the following vote: 1- Thompson, Counci Murphy, Van Due Yeas-Mayor men Maffatt, man, Wharton. Nays-None. II Dubuque, Iowa November 5th 1945 To the Honorable Mayor and City Council, Dubuque, Iawa Gentlemen: In accordance with the provisions of Chapter 289 of the Code of Iowa, 1939, the Civil Service Commission conducted a competi~ tive examination for the purpose of creating an eligible list far the position of Policewoman, said ex- amination being held October 5, 1945. October 27, 1945 In 1'e: Claim of Mrs. Nora Martin Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have investigated this claim and find that on October 10, 1945, about 7:30 a. m. claimant, walking on the west side of Bluff Street where Seventh Street inter- sects Bluff Street tripped and fell over some shrubbery that was cut off right next to the sidewalk and sustained injuries, broke out one .of her teeth and that because thereof she was compelled to have the ser~ vices of a physician and a dentist and lost three days time at work, all Three applicants took this exam- ination and upon completion of the grading of the papers the Commis- sion begs to report that one appli- cant passed this examination with an average of 70% or better. Name Average Rosemary L. Gibson 84.83% Respectfully submitted, Chairman C. S. HARKER E. B. LYONS Commissioners Attest: J. J. SHEA Clerk Subscribed and sworn before to Octaber 18, 1945 Ta the Honorable Mayor and City Council, Dubuque, Iowa Re; Dubuque Packing Plant, buque, Iowa Gentlemen: In accordance with the motion adopted by the City Council on October 12, 1945, I made a survey of the situation together with Mr. H. W. Wahlert, president of the Dubuque Packing Company. After a thorough investigation and discussion of the matter, the fol- lowing are my recommendations The City of Dubuque to move Street Box No. 32, now located at 17th & Maple Streets to the alley corner an 17th Street, between Maple and Cedar Streets. The City .of Dubuque to purchase and install a Street Box at 18th and Sycamore Streets, this box would also give pratection ta the Frith Co. plant and other buildings in Yeas-Mayor Thompson, Councl men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Du- November 3, 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Referring to the at- tached petition of S1. Joseph's Mercy Hospital of Dubuque request- ing a change in the Zoning Ordin. ance to permit the canstruction of the new hospital building, the Plan~ ning and Zoning Commission re- spectfully recommends to your hon- orable body that the area bounded as follows: "Beginning at the inter~ section of the easterly line of James Street and the southerly line of Platt Street; thence North 88" 10' East along the southerly line of Platt Street and of Platt Street ex- tended to the westerly boundary of Out Lot 732 on the Original Corp- oration Line; thence Sauth 22" 30' East along the Original Corporation Line to a point 100 feet northerly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly of and parallel to the northerly line of Dodge Street ta the westerly boundary .of Mineral Lot 66; thence North 12" West along the westerly boundary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 71" 45' West along the southerly boundaries of Mineral Lots 70 and 69, 819.72 feet to the southwest corner of Mineral Lot 69; thence North 180 East along the ~ 235 the purposes for which such club was formed and is maintained. The Application complies with the reo quirements of the Statute. duty of the Counci is fixed "Sec. 1921.11&:. Investigation of applicant. The authorities empow- ered by this chapter to issue per- mits shall make a thorough investi- gation to determine the fitness of the applicant and the truth of the statements made in and accompany- ing the application, and the decision of such authority on the applica- tion shall be rendered within thirty days after the application is re- ceived. Application for Class "B" Club Permits heretofore made a showing under Section 1921.111 of the Code. The Attorney General in the last opinion pertaining to beer permits for City clubs stated this Section does not apply to City clubs. I here- with quote the entire opinion December 20, 1939, "Mr. F. H. Lounsberry, County Attorney, Neva- da, Iowa; You have requested an opinion from this office in regard to the following question Has the city council of the town of Ames, Iowa, the right to issue a beer permit to the Ames Elk Lodge which has recently been or- ganized and has not been in con- tinuous operation as a club for more than a few months? We understand the sole question is as to whether or not such a per- mit could be issued because of the fact that the club was not in con- tinuous operation as a club for at least two years prior to the date of its application and we are assum- ing that all of the other provisions of Section 1921-f110 (1937 Code now Sec. 1921.111 of the 1939 Code) have been complied with. Section 1921- fl09 (1937 Code, now Sec. 1921.110 of the 1939 Code) grants the cities and towns the right to issue Class "BI" beer permits to clubs upon proper application. of c. That the buildings occupied by said club are wholly within the cor- porate limits of the city or town to which such application is made. d. The purposes for which such club was formed and is maintained, and the number of the bona fide members thereof regulaI:'ly paying dues. e. That the application for such permit was approved by a majority of the bona fide members of such club present at a regular meeting or at a special meeting called to consider the same." II Section 1921-f110 (1937 Code, now Sec. 1921.111 of the 1939 Code) states the conditions under which such permits shall be granted. A reading of this latter section shows that the conditions are really stated in the negative in that the statute provides that no club shall be grant- The application as filed conforms with the provisions of Section 1921.112, except that it fails to state the purposes for which such club was formed and is maintained, but attached to the application is a cer- tified copy of the Charter of the Amvets which sets forth in detail 1945 Regular Session, November 5th, Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. The hy October 29, 1945 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the Application for Class "B" Permit for private club of "American Vet- erans of World War II, Dubuque Post No.3" (commonly called the AMVETS) referred to me for a legal opinion, I respectfully submit the following: It is provided by the Statutes of Councilman Wharton moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount at $50.00 in favor of Peter W. Klauer, attorney for Harvey Sinclair, as settlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release from Harvey Sinclair. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote 1945 Regular Session, November 5tb, to her damages in the sum of about $25.00. After conferring with her she has agreed to accept $10.00 in full payment of her claim against the city. 234 I recommend that her claim be allowed in the sum of $10.00 and that a warrant be issued payable to her order in the amount of $10.00 and delivered to her upon delivery to the City of a release properly executed. Yours truly, JOHN J. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. KINTZINGER City Solicitor Iowa "1921.110 Permits to Clubs. Cities and towns, including cities under special charter, shall upon proper application issue to a club within their respective limits a class "B" permit for the sale of beer for con- sumption on the premises subject to the prOVisions of this chapter. 1921.112. Application. Every club desirous of obtaining a class "B" permit shall make a written applica- tion therefor, executed by its presi- dent and attested by its secretary or other similar officers perform- ing the duties usually performed by a president or secretary which ap- plication shall state under oath: a. The name of the club and the location of the premises occupied by it. November 5, 1945 In re: Claim of Alvin Haas Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have investigated the claim of Alvin Haas that was referred to me and I find that on or about September 28, 1945, a tree in front of 509 West Locust Street fell across the street on his car damaging the same considerably. I further find that the City had notice of the dangerous condition of this tree and that the claimant had no knowledge of the dangerous condi- tion thereof. His car was damaged and an estimate shows that the ap- proximate cost of placing the car in practically the same condition it was before is somewhere in the neighborhood of $125.00. He has agreed to settle this claim for $85.00. of the officers b. The names said club. I recommend that the claim be allowed in the amount of $85.00 and that a warrant be drawn payable to his order and delivered to him upon delivery to the City of a prop- erly executed release. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $85.00 in favor of Alvin Haas, as settlement in full of his claim, and that said warrant be delivered upon receipt by the City of Dubuque of a prop- erly executed release. Seconded by Councilman Murphy. Carried by the following vote Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Murphy moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $10.00 in favor of Mrs. Nora Martin, as set- tlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. November 1, 1945 In re: Claim of Harvey Sinclair Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I have investigated the above case and find that a rot- ten and decayed limb fell from a tree on to the top of the automobile of Harvey Sinclair while the same was parked in the street at or near 594 Jefferson Street. From my in. vestigation I am of the opinion that the City is liable. He claimed dam- ages in the sum of $100.00 but upon investigation I find that the car can be fixed for $56.00. He has agreed to accept $50.00 in full pay- ment of his claim. I recommend that the claim be settled for the sum of $50.00 and that a warrant be drawn in favor of Peter W. Klauer, attorney for Harvey Sinclair, and delivered upon delivery to the City of a release properly executed by Harvey Sin- clair. Yours truly, JOHN J. KINTZ INGER City Solicitor 237 Reso.fution No. 110-45 Whereas, applications for Class "B" Beer Permits have been sub. mitted to this Council for approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow. ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class HB" Permit Name Address Ray Nicks 521 East 22nd St. Mrs. Rosemary Hird 2220 Univer- sity A venue. Class "B' Beer Permit Private Club North End Choral Club 2774-2776 Jackson Street Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMA~, ALBERT WHARTON, GEQ. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Resolution No. 111-45 Whereas, heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, 1945 Regular Session, November 5th, Class "8' Private Club Name Address American Veterans of World War II, Dubuque Post No.3, Commonly called the "Amvets" 429 Main St. Passed, adopted and approved this 5th day of November 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN. ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen fo. J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote fo. Attest Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Resolution No. 109-45 Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: Now, Therefore, Class "B" Name Hiawatha Club of Dubuque, Iowa 1696 Central Permit Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Permit for Private CI ub Address Ave. Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest 1945 and country clubs and in no way restrict the right of the city coun- cil to issue Class "B" beer permits to city clubs. We therefore hold that the city council of Ames could, in this instance, issue a Class "B" beer permit to the Elks Club at Ames. We are not unmindful of the fact that this overrules the opinion of July, 1937 to Mr. M. C. Williams, County Attorney of Boone, Iowa." This opmlOn is applicable to the Application for Class "B" permit filed by Hiawatha Club. The pur- poses for which that Club is operat- ed and maintained is stated in the Articles of Incorporation attached to the Application. Regular Session, November 5th, ed a Class "B" permit if and unless certain conditions are present or requirements are not complied with. This section is rather long and we do not quote it in this opinion, but taking up the subsequent para- graphs in order we find that in sub. section "a" no permit shall be granted to a club if the building oc- cupied by such club is not wholly within the territorial limits of the city limits of the city or town and subsection "b" provides that no per- mit shall be issued if the club is a proprietary club, or operated for p-ecuniary profit. Then follow sub- sections "c" "d" "e" and "f" pro- viding that the permit shall not issue unless certain conditions are present. 236 II Be It Resolved by the Council of the City of Dubuque that the Mana- ger be and he is hereby directed to issue to the following named ap- plicants a Beer Permit. Class "B" Permit Name Address Ray Nicks 521 East 22nd St. Mrs. Rosemary Hird 2220 Univer- sity A venue. J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Attes The Attorney General's office in a letter to the writer states October 26, 1945 1\'11'. John J. Kintzinger, City Solicitor, Dubuque, Iowa Dear Sir: In reply to your letter of the 23rd, this department has not issued any opinion pertaining to beer permits for city clubs since December 20, 1939. Very truly yours, Ira A. Buckles (s) IRA A. BUCKLES Councilman Moffatt moved that the opinion of City Solicitor Kint- zinger be made "a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays--None. Resolution No. 108-45 Whereas, application for Class "B" Beer Permit has been submit- ted to this Council for approval and the same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Executive Secretary to Attorney General" Yours truly. JOHN J. KINTZINGER, City Solicitor It is noted, however, that in the last few lines of subsection "a" pro- vision is made that the golf and country clubs shall comply with the restrictions contained in the suc- ceeding paragraphs of the section. There is no statement in subsection "a" that the city clubs shall comply with all of the restrictions of the subsections after section "a". The succeeding restrictions in c, d, e, and f would therefore clearly be applicable to golf and country clubs but not applicable to appli- cants by city clubs. This seems to be the legislative intent for clearly there is no reason for placing such restrictions on city clubs. Such Class "B" beer permits are issued to other Class "B" applicants in the city without such restrictions as outlined in subseotions c, d, e, and f and there would seem to be no reason for placing such restrictions on a city club application. We do find, however, on examining other statutes, that where the board of supervisors issue permits, similar restrictions are placed on such is. suance. Thus we find the board of supervisors is authorized to issue permits in villages platted prior to January 1, 1934. This is somewhat similar to subsection f where the right to grant the permit to a club is based on the club having been in operation since the first d,ay of January A. D., 1934. It is our conclusion, therefore, that subsections b, c, d, e and f in Section 1921-f110 are limitations on the board of supervisor's right to issue Class "B" beer permits to golf , 239 Van Duel Resolution No. 115-45 Be It Resolved by the City Coun- cil of the City of Dubuque that it is deemed necessary and advisable to construct a sidewalk along the fol. lowing street abutting the follow- ing described property: On West Third Street abutting the North 64' 3" of City Lot 73 in the City of Dubuque, Iowa, owned by William F. and Katherine J. Cooper. Approved and placed on File fOf one week on October 22, 1945. The above sidewalk to be con. structed in accordance with the ordinances and sidewalk specifica- tions of the City of Dubuque. Be It Further Resolved that in the above case notice be served on the property owner, advising of the adoption of this resolution and giv- ing them ten days from the date of service of such notice in which to construct such sidewalk themselves in the event they desire to do so. Passed and adopted the 5th day of November, 1945. F. W. THOMPSON. Mayor FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Colinci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Be It Further Resolved that in the event the property owner fails to construct said sidewalk in the time set out in the notice that the City Clerk be and he is hereby in- structed to advertise for bids for the construction of said sidewalk and that the cost and expense of said work shall be assessed against the various lots or parcels of real estate as provided by law. II Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Attest Regular Session, November 5th, 1945 men Moffatt, Murphy, Man, Wharton. Nays-None. Attest Resolution No. 114-45 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 cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Dubuque Cycle Club 111 W. 6th St. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. Shea, Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Counc not be effective until the Varner Well Drilling Company shall have been notified in writing by the City Manager, of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become ef- fective from and after its final pas- sage and adoption by the City Coun- cil. 1945 Resolution No. 113-45 Whereas, application for Class "C" Beer Permit has been submit- ted to this Council for approval and the same has been examined: Now, Therefore, Be . It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Class "C" Permit Regular Session, November 5th, to. 238 Name Agnes Zahina Avenue. Passed, adopted and approved this 5th day of November 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA. City Clerk Address Windsor 2649 Attest Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Resolution No. 112-45 Whereas, application for Class "c" Beer Permit has been submitted to this Council for approval and the same has been examined: Now, Therefore, Yeas-Mayor Thompson, Councl men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Resolution No. 95.45 Be It Resolved, by the City cil of the City of Dubuque. Whereas, the City of Dubuque, Dubuque County, Iowa, has receiv- ed bids for the Drilling, Casing, Sealing and Testing a New Well, located approximately 325 feet in an Easterly direction from the Municipal Swimming Pool, and Whereas, the bid of Varner Well Drilling Company as shown on items 1 to 11 inclusive and subject to sub- stitute items 12 and 13 for the sum of Thirty thousand four hundred and twenty-seven dollars ($30,427) is the lowest and best bid received for such work, Now, Therefore, Be It Resolved, that the contract for such work be awarded to Varner Well Drilling Company for the sum of Thirty thousand four hundred and twenty seven dollars ($30,427.00), such amount being determined by the acceptance of the base bid. Provid- ed, however, that this award shall Coun- Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. Class "C" Permit Address 1296 Central Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second. ed by Councilman Moffatt. Carried by the follo-Wing vote: Yeas-Mayor Thompson, Council< men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Class lIB" Beer Permit Private Club North End Choqll Club 2774-2776 Jackson Street Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 5th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk Pusa ter Name Frank J. Ave. ,;;<...- 241 I Regular Session, November 5th, 1945 journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy. Van Duel. man, Wharton. Nays-None. J. J. SHEA City Clerk Approved . .... ....., 1946 Adopted . ..., 1946 r .................... I ..................... Councilmen: j .................... I ................ I l ..................... Attest; ........... City Clerk. III II Regular Session, November 5th, 1945 bers thereof signed thereto. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA City Clerk names their for _Ull the Resolution No. 116-45 Resolution and application permanent transfer of funds. cal year. amount Improvement Bond amount $3,100.00 able 240 Councilman Murphy moved the adoption of the resolution. Second~ ed by Councilman Wharton. Car- ried by the following vote: Y eas- Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Whereas, there is now in the hands of the City Treasurer and credited to the Water Works Gen- eral Fund the sum of $42,366.79 and of and Ordinance No. 22-45. An Ordin- ance repealing "Ordinance No. 11- 43 relating to the issuance of Class "B" and "C" Beer Permits, provid- ing for the regulation of classes of Beer Permits and requirements to obtain said Beer Permits and by fixing the number of Beer Permits, presented and read. Whereas, no water works bonds are outstanding and therefore the requirements of Section 6151.1 of the Code of Iowa have been fully met; and Whereas, In order to provide for the payment of the obligations it is necessary to make a tranfer of $15,000.00 from Water Works Gen- eral Fund to the Consolidated Fund which embraces the Improvement Fund; and Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Whereas, before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon Now, Therefore Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Wharton.- Carried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Be It Resolved by the City Coun- cil of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Woks General Fund to the Consoli- dated Fund the sum of $15,000.00 and the State Comptroller is hereby petitioned to authorize and approve such transfer; and Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Wharton moved to ad- Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Treasur- er of such transfer and such noti- fication shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopt- ed and approved by unanimous ac- tion of the City Council on the 5th day of November, 1945, and all mem- credited to the Water Works Gen- eral Fund the sum of $42,366.79; and Whereas, No water works bonds are outstanding and therefore the requirements of Section 6151.1 of the Code of Iowa have been fully met; and 243 1945 19th, Special Session, November iI Counc (Official Session, Whereas, In order to provide for the payment of the obligations it is necessary to make a transfer of $15,000.00 from Water Works Gen~ eral Fund to the Consolidated Fund which embraces the Improvement Fund; and Whereas, Before any transfer can be made from the Water Works General Fund to any other 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 Dubuque that, sub~ ject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Consoli- dated Fund the sum of $15,000.00 and the State Comptroller is hereby petitioned to authorize and approve such transfer; and Be It Further Resolved that upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his accounts ac- cordingly and to notify the Trea- surer of such transfer and such no- tification shall be accompanied by a copy of this resolution and the record of its adoption. 19th, met at 7:30 P. M. Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhom- berg. Meeting called by order of cHmen Murphy and Moffatt. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: ity c 1945 Session, November 5th, Special 242 Health (Official.) Board of Coun- Mayor Thompson read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose of con- sidering An Ordinance fixing re~ quirements for the Subdivision of lots in the City of Dubuque and within one mile of the limits of the City of Dubuque and acting on any other business as may properly come before a regular meeting of the City Council. November Special 1945. Council 6th, met at 9:40 P. M. Present-Chairman F. W. Thomp- son, Messrs. W. W. Moffatt, Geo. R. Murphy, Frank Van Duelman, Albert Wharton, City Manager R~_omberg. Return of service, subscribed and sworn to by Joseph Scharry, Sani- tary Inspector, that he served a no- tice and copy of Resolution No. 100- 45, a Resolution of the Board of Health, upon Charles Gassmann ordering him to connect Lot 1 of 1 of Lot 37 of Althauser Subdivision with the sanitary sewer, presented and read. November Session, Special 1946. Board Mr. Geo. R. Murphy moved that the return of service be received and placed on file. Seconded by Mr. Albert Wharton. Carried by the fol- lowing vote: Yeas-Chairman F. W. Thompson, Messrs. W. W. Moffatt, Geo. R. Mur- phy, Frank Van Duelman, Albert Wharton. Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel Man, Wharton. Nays- None. The resolution was passed, adopt~ ed and approved by unanimous ac- tion of the City Council on the 5th day of November, 1945, and all mem- bers thereof signed their names thereto. F. W. THOMPSON, Mayor FRANK VAN DUEL MAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Mrs. Crippes residing at 1596 At- lantic Street addressed the Coun~ cil requesting that she be granted permission to enclose her front porch with push windows and stat- ing that she already purchased ma- terial which cost her in the neigh- borhood of approximately $300.00. Mrs. Crippes was advised to take up her request with the Board of Adjustment as this type of request rests solely with the Board of Ad- justment. Nays-None. There being no further business Mr. Geo. R. Murphy moved that the Board of Health meeting adjourn. Seconded by Mr. Albert Wharton. Carried by the following vote: Yeas-.chairman F. W. Thompson, Messrs. W. W. Moffatt, Geo. R. Mur~ phy, Frank Van Duelman, Albert Wharton. Nays-None. J. J. SHEA, Clerk, Board of Health II J. J. SHEA, City Clerk The foregoing resolution and ap- plication having been filed with the State Comptroller, the application requested is approved this 13th day of November, 1945. C. FRED State PORTER Comptroller Attest Resolution No. 116-45 Resolution and application for permanent transfer of funds Whereas, During the current fis- cal year, Improvement Bonds in the amount of $35,000.00 mature and Improvement Bond Interest in the amount of $3,100.00 is due and pay- able; and Whereas, There is now in the hands of the City Treasurer and III 1946 Clerk, Board of 1946 Health. Approved Members of Board of Health Attest Adopted ~.-.."" 245 for the sale of bangles on the street corners on Saturday, December 15, 1945, presented and read. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays~None. Ordinance No. 22-45. An Ordin- ance repealing "Ordinance No. 11-43 relating to the issuance of Class "B" and "e" Beer permits, provid- ing for the regulation of classes of Beer Permits and requirements to obtain said Beer Permits and by fixing the number of Beer Permits, said ordinance having been passed upon first reading on November 5th, 1945 and ordered placed on file with the City Clerk for public inspection for at least one week be- fore its final adoption, was present. ed and read on final adoption. ORDINANCE NO. 22-45 An Ordinance repealing "Ordinance No. 11-43, l'<.>lating to the issuance of Class "n" and 'C" Beer Permits, providing for the regulation vf classes of Beer Permits and require- ments to obtain said Beer Permits and by fixing- the number of Deer Permitg. Now. '.rherefore: BE IT ORDAINED BY THE CITY COUNCIL OF 'rUE CITY OF DU- BUQUE: Sec. 1. That Ordinance No 11-43 be. and the same is hereby repealed. Sec. 2. This Ordinance shall be in force and effect from and after its final passage. adoption and approval by the City (~;oulldl and publication as provided by law. Passed, upon first reading this 5th day of November, 1945. Passf'd, adopted and approved upon final reading this 19th day of November, 1945. F. W. THOMPSON, Mayor. }<'RANK VAN DUELMAN, ALBERT WHARTON. GEO. R. MURPHY. W, W. MOFFATT, Councilmen. Attest: J. J. RHEA. City Clerk. Published officially in The Tele~ graph-Herald newspaper this 21st day of Novemher, 1945. .J J. SHEA, -21-lt. City Clerk. Cigarette P~mit No. 151 as he has discontinued business on November 19, 1945, presented and read. Councilman Wharton moved that the requests be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of Norbert W. Brodeur to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 87 and also that a warrant in the amount of $50.00 be drawn in favor of Nor- bert W. Brodeur to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 151. Seconded by Coun- cilman Moffatt. Carried by the fol. lowing vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays~None. 19th, 1945 Petition of Clarence R. Carney et al requesting that a street light be placed at the corner of Laurel and Cannon Streets, presented and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds at the Ume that the Council are viewing the. grounds on similar petitions. Sec- onded by Councilman Wharton. Carried by the following vote: Councilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the follOWing vote: 1- 1945 19th, Special Session, November Petition of Harold John Badger et al requesting that a sanitary sewer be installed running south from the intersection at Curtis Street and to continue on York Street to the intersection of South Hill Street, presented and read. Councilman Murphy moved that petition be referred to the Council to view the grounds and the City Manager requested to prepare plat and schedule showing the cost of construction of said sewer against the abutting property owners. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Special Session, November Councilman Moffatt moved that the approval of C. Fred Porter, State Comptroller, be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Councn men Moffatt, Murphy, Van Duel man, Wharton. 244 Y eas~ Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Petition of E. M. Thompson et al requesting that the present local business district be extended to in- clude the Southeast one-half of Lot 4 of Hughes Subdivision at 1677 Delhi Street as the present local business district is approximately fifty feet from this property, pre- sented and read. Councilman Moffatt moved that the petition be referred to the Plan- ning and Zoning Commission tor their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of Varsity Theatre by Paul J. Weitz, Owner, requesting the cancellation of his bond cover- ing the canopy in front of the Var- sity Theatre as he has disposed of said Theatre, presented and read. Petition of Anna Heim asking the City Council to accept the amount of $100.00 in full compromise settle- ment of the special assessments levied against the North 1-5 of City Lot 452, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Councilman Murphy moved the adoption of the ordinance. Seconded by Councilman Moffatt. Carried by the following vote: Yeas.-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays~None. Councilman Wharton moved that the petition be referred to the Build- ing Commissioner with instructions to notify the new owner of said Varsity Theatre and property own- er to furnish a bond covering said canopy in front of the Varsity Theatre. Seconded by Councilman Moffatt. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays~None. Petition of the Dubuque County Chapter of the Iowa Tuberculosis Association requesting permission Yeas~Mayor Thompson, Council. men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Petition of Norbert W. Brodeur requesting a refund in the amount of $100.00 on his Class "B" Beer Permit No. 87 and requesting are. fund in the amount of $50.00 on his Nays-None. Return of service, subscribed and sworn to by William A. Trentz, Po. lice Officer, stating that he served a ,notice on Katherine J. Cooper, owner of the North 64 feet 3 inches of City Lot 73 abutting on West Third Street, to construct a side- walk along said property, presented and read. Councilman Murphy moved that the return of service be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas~Mayor Thompson, Council. men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. Communication of Jas L. Kritz filing claim in the amount of $60.50 for injuries sustained by his daugh- ter when she fell from a bank to street on Gandolfo Street and stat- ing that a hazard was caused by the city grading said street and leaving a high bank and tree roots exposed, presented and read. Councilman Wharton moved that the communication be referred to the City Solicitor for investigation and report. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas~Mayor Thompson, Counet: men Moffatt, Murphy, Van Duel man, Wharton. Nays~None. Communication of County Audi. tor Daykin advising that the Board of SuperVisors have accepted an of- fer of $75.00 made by Cletus E. Al- len on Lot 44 of Grandview Heights presented and read. Councilman Wharton moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. II IIII 247 be, and it is hereby granted the right and authority to place alld maintain immediately in the rear of the building known as American Trust Building, 899 Main Street, be- low the surface of the alley, a stair- way, which stairway is to open into the alley next adjoining said build- ing, Sec. 2. That such construction is to be done under the direction and supervision of the Building Inspec- tor and City Manager, and under any rules and regulations they may prescribe. Sec. 3. That the right to place and maintain said stairway shall be subject to the continuous con- trol of the City Council, reserving the right to said City Council to impose restrictions and conditions upon the enjoyment thereof as may be reasonably necessary for the pro- tection of the public interests, in- cluding the right to revoke and re- scind the grant hereby made, if at any time the public interests should so require. Sec. 4. As a further consideration of the rights and privileges herein granted, said AMTAS Company, its successors and assigns, assume any liability for damages to persons or property which may result from the construction and/or maintenance of said stairway, and said AMT AS Company, Jts successors and as- signs at its own expense, agrees to defend any and all claims or actions which may be made or brought against the City because of the con- struction and/or maintenance of such stairway, and should the City be required to pay any sum as dam- ages, said AMTAS Company, its successors and assigns, agree to fully reimburse the City therefore and to hold said City harmless from any damages. Sec. 5. Should the rights and priv- ileges- herein granted be rescinded or revoked, said AMT AS Company its successors and assigns, at its own expense and upon receipt of notice by registered mail, agrees, within 30 days after receipt of such notice, to remove the structure herein authorized and to restore the alley in as good condition as it was before said construction. Sec. 6. This Resolution shall be- come effective and the rights here- 1945 Special Session, November 19th, to the Building Commissioner and Electric Commissioner. Yours truly, JOHN J. KINTZINGER City Solicitor Building Inspector Bandy advised the Council that a building permit for the erection of this panel on the building located at 1397 Central Avenue had been requested from the Building Inspector by The Mur- phy Companies and that the per- mit could not be granted as the panel when erected would be on public proPffi1ty and in violation of the Building Code and this is the reason that the petition of The Mur. phy Companies was filed with the City Council. City Solicitor Kint- Zinger advised the Council that in view of the facts as given by the Building Inspector that it was his opinion that the petition of The Murphy Companies s h 0 u I d be denied as the issuance of such a permit as requested would be in violation of the Building Code. Councilman Wharton moved that in view of the oral opinion given by the City Solicitor that the re- quest of The Murphy Companies for a permit to erect one twenty-four sheet poster panel on the north wall of the building located at 1397 Cen- tral A venue be denied. Seconded by Councilman Murphy. Carried by the fOllowing vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Deul. man, Wharton. Nays-None. 1945 Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Council- man Wharton. Carried by the folM lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week be- fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote November 12, 1945 Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: In re: Petition of Mrs. Katie A. Miller for suspension of taxes on Lots 9 and 10 Johnson Sub. asking that the 1945 tax be suspended because of age. recommend that said petition be approved by the City Council of the City of Dubuque and that noti- fication of such approval be given to the Board of Supervisors of Du- buque County, Iowa. Yours truly, JOHN J, Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Special Session, November 19th, .1 Resolution No. 117M45 Whereas, AMTAS Company has filed with the City Council a peti- tion requesting permission to place a stairway immediately in the rear of the basement of the building known as the American Trust Build. ing, 899 Main Street, which build- ing is located on: Lot 51 and the North 2 feet 2 inches of City Lot 52 which stairway is to open into the alley next adjoining said building; And, Whereas, said Council is fully familiar and acquained with the structure and is of the opinion that said request should be granted. Now. Therefore, Be It Res.olved by the City Coun- cil of the City of Dubuque: Sec. 1. That the AMTAS Com- pany, its successors and assigns, II KINTZ INGER City Solicitor Councilman Wharton moved that the recommendation of City Solici- tor Kintzinger be approved and the Board of Supervisors to be notified of Council action. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Due man, Wharton. Nays-None. November 12, 1945 Honorable Mayor and City Council. City of Dubuque, Iowa Gentlemen: With reference to the petition for a building and electrical permit for one twenty-four sheet poster panel on the north wall of the property known as 1397 Central A venue, which has been referred to me, this matter should be referred Ordinance No. 23-45. An Ordin- ance fixing requirements for the subdivision of lots in the City of Dubuque and within one mile of the limits of the City of Dubuque, reM lating to streets, alleys, blocks, lots, building lines, parks, playgrounds and school sites within such subdi. visions, relating to rules and regu- lations governing plats, filing and approval thereof and providing for a penalty for the violation of the provisions hereof, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the or- dinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Wharton. Carried by the fol. lowing vote: Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one week beM fore its final adoption. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thomps<;m, Council- men, Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Ordinance No. 24-45. An Ordin- ance vacating that part of the alley between Bradley and Perry Streets from Randall Street southerly to the southerly boundary of Lot 5 of Block 7 of Grandview Park Addi- tion to the City of Dubuque, Iowa, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the tir,st reading of the ordinance. Seconded by Councilman Murphy. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Dnel. man, Wharton. Nays-None. 246 '!f:~"T' ~'"' 249 present entrance encroaches on Ninth Street and it is the desire to put the new entrance where the old entrance is; And. Whereas, the City Council has viewed the grounds and is of the opinion that the request should be granted. Now, Therefore. Be It Resolved by the City Connci' of the City of Dubuque Sec. 1. That Baxter Manufactur. lug Company, its successors and assigns. be, and it is hereby granted the right and authority to place and maintain a new entrance to its building at 151 Ninth street in the City of Dubuque, Iowa, in ac- cordance with the plans on file in the office of the City Clerk. Sec. 2. That such construction is to be done under the direction and supervision of the Building Inspect- or and City Manager, and under any rules and regulations they may prescribe. Sec. 3. That the right to place and maintain said new entrance shall be subject to the continuous control of the City Council, reserv- ing the right to said City C:;mncil to impose restrictions and condi- tions upon the enjoyment thereof as may be reasonably necessary for the protection of the public in- terests, including the right Lo re- voke and rescind the grant nareby made, if at any time the public in- terests should so require. 1945 Special Session, 1iOovember 19th, feet to the southwest cornel' of Mineral Lot 69; thence North 180 East along the westerly boundary of Mineral Lot 69, 310 feet to the northerly line of Mineral Lot 69; thence North 880 East along the northerly boundary of NIineral Lots 69 and 70 and of this course extended to intersect the ~aster- ly line of James Street; thence northerly along the easterly line of James Street to the southerly line of Platt Street and the point of beginning" from a "Two Family Residence Dis- trict" classification to a "Multiple Residence District" classification; that the time and place for baid Public Hearing be, and the s~me is hereby fixed for 7:30 P. M., Decem- ber lOth, 1945, in the City Council Chamber, City Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be pub- lished in the Telegraph-Herald in the City of Dubuque, Notice of such hearing, the same to be so pub- lished so as to leave at least 15 days between the day of such pub- lication and the day fixed for said hearing. Said notice shall contain the provision that parties in in- terest and citizens shall have an opportunity to be heard. Passed, adopted and app:roved this 19th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. 1945 Street to the westerly boundary of Mineral Lot 66; thence North 120 West along the westerly bound- ary of Mineral Lot 66, 298 feet to the southeast corner of Mineral Lot 70; thence North 710 45' West along the southerly boundaries of Mineral Lots 70 and 69, 819.72 feet to the southwest corner of Mineral Lot 69 thence North 180 East along the westerlY boundary of Mineral Lot 69, 310 feet to the northerlY Line of Mineral Lot 69; thence North 880 East along the northerly boundary of Mineral Lots 69 ahd 70 and of this course extended to intersect the easterly line of James Street; thence northerly along the easterly line of James Street to the southerly line of Platt Street and the point of beginning" Be rezoned from its present "Two Family Residence District" classi- fication to "Multiple Residence" Classification; And, Whereas, before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be changed it is necessary that a Public Hear- ing be held; And whereas, the City Council deems it advisable to hold such pubic hearing. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque That there should be a Public Hearing on the matter of changing the area 19th, Special Session,N ovember Acceptance of Resolution No, 117-45 Amtas Company, having full knowledge and understanding of all the terms and conditions of Resolu- tion No. 117-45, hereby accepts the same as adopted and agrees to com- ply with all the terms and condi- tions thereof. this AMTAS COMPANY By C. J. Kleinschmidt Secy & Treas. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman MurphY. Car- .ried by the following vote: November, Passed, approved and adopted this 19th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Clerk under shall accrue to AMTAS Com- pany its successors and assigns, when this Resolution has been passed by the City Council and ac- cepted by said AMT AS Company which acceptance shall be endorsed hereon. day of 23 Signed 1945. Attest 248 II Sec. 4. As a further considera- tion of the rights and privileges herein granted, said Baxter Manu- facturing Company, its succeasors and assigns, assume any liabiity for damages to persons or property which may result from the con- struction and/or maintenance of said new entrance and ~;aid Baxter Manufacturing Company, its suc- cessors and assigns, at its own ex- pense, agrees to defend any and all claims or actions which may be made or brought against the City because of the construction and/or maintenance of such entrance, and should the City be required to pay any sum as damages, said Baxter Manufacturing Company, its suc- cessors and assigns, agr'3e to fully reimburse the City therefor and to hold said City harmless from any damages. J. J. SHEA, City Clerk. Councilman Murphy mov8d the adoption of the resolution. Sec- onded by Councilman Moffa-;:'t. Car- ried by the following vote Resolution No. 119-45 Whereas, Baxter Manufacturing Company has filed with the City Council Petition requesting vermis- sion to replace the present entrance to its building at 151 Ninth Street in accordance with plans attached thereto. And, Whereas, it appears that the Attest Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. ~ "Beginning at the intersection of the easterly line of James Street and the southerly line of Platt Street; thence North 880 10' East along the southerly line of Piatt Street and of Platt Street ex- tended to the westerly boundary of Out Lot 732 on the Original Corporation Line; thence South 220 30' East along the Original Corporation Line to a point 100 feet northerly of the northerly line of Dodge Street;. thence westerly along a line lOa feet northerlY of and parallel to the northerly line of Dodge Stre,.)t to the westerly boundary of Mineral Lot 66; thence North 120 West along the westerly boundary of Mineral Lot 66, 298 feet LO the southeast corner of Mineral Lot 70; thence North 710 45' West along the southerly boundaries of Mineral Lots 70 and 69, 819.72 Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Resolution No. 118-45 Whereas, the Dubuque Planning and Zoning Commission recom- mended to the City Council that the area: "Beginning at the intersection of the easterly line of James Street and the southerly line of Platt Street; thence North 880 10' East along the southerly line of Platt Street and of Platt Street extended to the westerly boundary of Out Lot 732 on the Original Corpora- tion Line; thence South 220 30' East along the Original Corpora- tion Line to a point 100 feet nor.th- erly of the northerly line of Dodge Street; thence westerly along a line 100 feet northerly ot and paral- lei to the northerlY line of Dodge 1'111 251 Central Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 19th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. SHEA, City Clerk. Attest J. Councilman Moffatt moved the adoPtion of the resoluti..Jll. Sec- onded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. There being no further busmess, Councilman Murphy moved to ad. journ. Seconded by Councilman Moffatt. Carried by the following WindsOi' 1296 2649 J. Attest Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Resolution No. 122-45 Whereas, Heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and 1945 Pusateri Zahina, 19th, Frank J. Avenue. Agnes Avenue. Session, November vote Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duetman, Wharton. Nays-None. J. J. SHEA, City Clerk. 1946 1946 r I I l City Clerk. .uest Special Address. Main Street West Locust 19th,I945 sell cigarettes and cigarette papers within said City, and'the Manager is directed to issue such permit on behalf of said City. Name. Earle J. Special Session, November 661 424 John Glynn & George Glynn, 659 Central Avenue. F. Herber & Theresa 2319 Prince Street Pins & Helen Pins 892 Cleveland Avenue Joseph D. Noel and Elsie Noel 1080 University Avenue Blue Melvin Lynn Street. Arthur Herber, Val J. Millard Poquette & Clifford G. Harker, 951 Main Street Passed, adopted and approved this 19th day of November, 1945. THOMPSON, Sec. 6. Should the rights and privileges herein granted be re- scinded or revoked, said Baxter Manufacturing Company. its SlUC- cessors and assigns, at its own ex- pense and upon receipt of notice by registered mail, agrees, within 30 days after receipt of such notice. to remove the structure herein author- ized and to restore the street in as good condition as it was before said construction. Sec. 6. This Resolution shall be- come effective and the rights here- under shall accrue to Baxter :Manu- facturing Company, its successors and assigns, when this Resolution has been passed by the City Coun- cil and accepted by said Baxter Manufactring Company, which Ac- ceptance shall be endorsed h~reon. 250 F. W. Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen J. J. SHEA, City Cerk Passed, approved and adopted this 19th day of November, 1945. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmm J. SHEA, City Clerk. Whereas, The premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Attest Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote Approved Be It Resolevd by the Council of the City of Dubuque that the Man- ager be arid he is hereby directed to issue to the following named .lppli- cants a Beer Permit. CLASS "B' PERMIT. AdJress. 735 Central Yeas-Mayor Thompson, Counel men Moffatt, Murphy, Van Due man, Wharton. Nays-None. Resolution No. 12145 application for Beer Per. been submitted to this approval and the same examined: Now There- Adopted Councllmen Glynn, Her~ Noel Meyer, Avenue. John Glynn and George 659 Central Avenue. Arthur Herber and Theresa bel', 2319 Prince Street. Joseph D. Noel and Elsie 1080 University Avenue. Name. Herbert Wereas, mits have Council for have been fore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" per-mit CLASS "B" PERMIT FOR PRIVATE CLUB. Victory Club, 951 The ~ Street. American Veterans of World War II, Dubuque Post No.3 (Ametvs), 429 Main Street. CLASS "C' Peter J. Apel, Street. Val J. Clevelan Main 1st 892 PERMIT. 265 V/est I~ins Class "Cn Permit Peter J. Apel, 265 West 1st Street Val .:r. Pins and Helen Pins, 892 Cleveland Avenue Passed, adopted and approved this 19th day of November, 1945. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEO.'R. MURPHY, W. W. MOFFATT Councilmen J. J. SHEA, City Clerk Helen Pins and d Avenue. Name Address Herbert Meyer, 735 Central Ave. John Glynn and George Glynn, 659 Central Avenue Arthur Herber and Theresa Herber, 2319 Prince Street Joseph D. Noel and Elsie Noel, 1080 University Avenue Class "B" Permit for Private Club The Victory Club, 951 % Main St. ACCEPTANCE OF RESOLUTION NO, 119.45, The Baxter Manufacturing Com~ pany, having full knowledge and understanding of all the terms and conditions of Resolution No. 119- 45, hereby accepts the same as adopted and agrees to comply with all the terms and conditions there- of. Signed this 23rd day of Novem- ber, 1945. BAXTER MANUFACTURING COMPANY. By Frank Beddow, Jr. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman \Vharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duciman, Wharton. Nays-None. J. Attest Resolution No. 120-45 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with ~he provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to tl \ '".'F'''''!'F