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1946 February Council Proceedings12egular Session, February 4th, 1946 9 I i !~ I, . (Officio[) Regular Session, February 4th, 1946. Council met at 7:30 p.m. Present-Maym~ Thompson, Coun- cilmen Moffatt, Murphy, Van Duel• man, Wharton, City Manager Rhom- berg, Mayor Thompson stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Van Duelman moved that the rules be suspended for the purpose of allowing any one present iu the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Attorney Walter Paisley, repre- senting Miss Rosemary Gibson, ad- dressed .the Council stating that Miss Gibson has passed both the written and physical examination for the position of Policewoman and that she is very much interested to being appointed to this position and further stating that in fairness to Miss Gibson that she should be told at this time if she is to be appointed to the position of Policewoman as at this time a promotion in her present position depends on wheth- er or not she is to be appointed to the position of Policewoman. City Manager Rhomberg advised both Attorney Walter Paisley and Miss Gibson that no appointment would he made from the present eligible list for the position of Policewoman, , Petition of Cliffors W. Patch et al requesting that the necessary steps be taken to have a sanitary sewer installed on Villa Street and Florence Street, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds and that Mr. Patch be notified to be present at the time the Council are viewing the grounds. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Mrs. J. F. Car- rigg in an unstated amount for in- juries sustained in a fall on the slip- pery pavement in front of I~resges Store at the corner of the pavement presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Mrs. James Crawford in the amount of $150.00 for doctor bill plus the loss of work- ing time of 37 days for injuries sus- tained in a fall on an icy and snow covered driveway between the building at 1202 and 1228 Washing- ton Street, presented and read, Councilman Wharton moved that the Notfce of Claim be referred to the City Solicitor for investigation and report, Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Andrew Mc- Grath in the amount of $100.00 for injuries sustained in a fall on an icy sidewalk in front of 765 Alpine Street, presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Mrs. Gertrude Zwack in an unstated amount for injuries sustained in a fall on an icy sidewalk at the Ninth Street en- trance of the Bank and Insurance Puildfng, presented and read. I ::,., -._ -,_-_ 10 Regular Session, February 4th, 1946 Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Council- man Mm•phy. Carried by the follow ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of John F. Hickey in an unstated amount for injuries sustained in a fall on the icy alley crossing on Twelfth Street between Locust and Main Streets, preseuted and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Arthur C. Par• ker, Claimant by Frank R. Lacy his Attoivey, in the amount of $5,OOD.00 for injuries and damages sustained in a fall on the ice and snow covered part of the sidewalk on the Norther. ly side of University Avenue which crosses the end of the alley between Alta Vista Street and Center Place, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cihnan Wharton. Carried by the fol- lowing vote; Yeas-Mayor Thompson, Council- man Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Francis Ryder, per Evelyn Ryder, in an unstated amount for injuries sustained in a fall an the icy crossing of Dodge Street at Grandview Avenue, pre- sented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote; Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Communication of the Trades and Labor Congress submitting for Council consideration the name of Mr. Mark Gavin for re-appointment as a member of the Dock Board, presented and read. Councilman Van Duehnau moved that Mr,-Mark Gavin be re-appoint- ed as a member of the Dock Board fm• a term of three years, said term expiring November 26, 1948. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeae-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton, Petition of the Ladies of the United Spanish War Veterans Auxiliary requesting permission for the holding of their Annual Carna- tion Sale on April 27, 1946, present- ed an read. Counilman Wharton moved that the request be granted. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of Melvin D. Harms and Arthur Weiler requesting the vaca- tion of the alley between Lot 28 of O'Neil Riverview Addition and Lot 112 of Belmont Addition, presented and read. Councilman Moffatt moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Van Duelman, Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of The Great Atlantic & Pacific Tea Company requesting a refund on the Cigarette Permit is- sued for their store at 2700 Jackson Street as they closed this store on January 12, 1946, preseuted and read. Councilman Van Duehnau moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of The Great Atlantic & Pa- cific Tea Company to cover the amount of refund granted on the unexpired portion of their Cigarette Regular Session, February 4th, 1946 11 Permit issued for their stm•e locat- ed at 2700 Jackson Street. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- ' men Moffatt, Murphy, Van Duel- man, Wharton. Nays-Nona. Petition of Clarence Barton and Mary lIueller requesting a refund in the amount of $50.00 on their Class `B" Beer Permit No. 10 as they have discontinued business on December 1, 1945, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw awar- rant in the amount of $60.00 in favor of Clarence Bartow and Mary Muel- ler to cover the amount of refund granted on the unexpired portion of their Class "B" Beer Permit No. 10. Seconded by Couucilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- . men Moffatt, Murphy, Van Duel- ' man, Wharton. Nays-None. Petition of Catherine S. Lund- e beck, referred to the City Council by the Board of Supervisors, re- questing suspension of the 1945 tax on Lot 242 Woodlawn Park Addition and Lot 11 Cox's Addition, present- . ed and read. Councilman Van Dnelmau moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by tht following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of the Members of the Dubuque Fire Department asking for an inrease of $30.00 per month in their wages to become effective April 1, 1946, presented and read, Councilman Wharton moved that the petition be referred to the Coun- cil for their consideration. Second- ed by Gouncihnan Murphy, Carried by the following vote; Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Whai°ton. Nays-None. Petition of the Members of the Dubuque Police Department asking for an increase of $30.00 per month in their wages, presented and read. Councilman Van Duelman moved that the petition be referred ~to the Council for their consideration. Sec- onded by Councilman Murphy, Car• Tied by tht following vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Communication of Philip Oeth submitting a bid of $75.00 far the purchase of the Middle 1/3 of of Lot 2 of the Sub. of Lot 73 in Glendale Addition, presented and read-. Counilman Murphy moved that the communication be referred to the Council to view the grounds. Seconded by Councilman Van Duel- man. Crarried by the following vote: Yeas-Mayor Thompson, Counil- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of the Veterans of Fm•• eign tiVars Post No. 608 requesting permission for the holding of their `Buddy Poppy Sale" on Saturday, May 18, 1946, presented and read. Counilman Van Duelman moved that _ the request be granted. Sea onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. Petition of the employees of the tiVater Department requesting that all employees of the Water Depart- ment be granted a $30.00 increase in monthly wages, effective April 1, 1946, presented and read. Councilman Moffatt moved that the petition be referred to the Coun- cil for their consideration. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of City Employees Local No. 228 requesting an increase in wages of eighteen cents per hour fm• hourly men and an increase in wages of $30.00 per month far monthly men, presented and read. 12 RegularSession, February 4th, 1946 Councilman Van Duelman moved that the petition be referred to the Council for their consideration. Sec- onded by Councilman Wharton. Car• ried by the following vote: Yeas--Mayor Thompson, Council• men Moffatt, Murphy, Van Dueh man, Wharton. Nays-None. Petition of the American Legion Auxiliary requesting permission for the holding of their sale of "Poppies" on Saturday, May 25, ~ 1946, presented and read. ', Councihnan Moffatt moved that i the request be granted. Seconded by Councilman Wharton. Carried by the following vote: ~ Yeas-Mayor Thompson, Councfl- ~i man Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a stattment of receipts and also a list of claims for which warrants were drawn dur- ing the month of December, 1945, presented and read. Councihnan Van Duelman moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Moffatt. Carried by the fol• lowing vote; Yeas-Mayor Thompson, Council- men, Moffat, Murphy, Van Duel- man, Wharton. Nays-None, Ordinance No. 1-46, Au Ordinance amending and changing the zoning NIap of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the City of Dubuque" extending the present "Local Business District" at Stew- art and Delhi Street easterly to the easterly line of Lot 4 of Hughes Subdivision, said ordinance having been passed upon first reading on January 14th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was presented and read on final adoption. OPiDINANCE N0. 1.46 An Ordinance amending and chang- ing the Zoning Map of the City of llubuque as provided "by Ordinance No. 3-34, designated "Zoning Ordi- nance of the City of Dubngae" extend- ing the present "Local Business Dis- trict" at Stewart and Delhi Streets easterly to the easterly line of Lot 4 of Hughes Subdivision. Whereas, Application has been filed with the City Council of the City of Dabuque to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "Zoning Ordinance oY the City of Dubaque" so as to change the classi- fication of Lot 4 of Hughes Subdivi- sion of the City of Dubaque from "Multiple Residence District" to "Lo- cal Business District" classification so as to extend the present "Local Busi- ness District" at Stewart and Delhi Streets easterly to the easterly line of Lot 4 of Hughes Stbdivision and maintain the width of 100 feet from the sheet line of Delhi Street; And, Whereas, such Application has been submitted to the Planting and Zoning Commission of the City of Dubuque, which Commission has rec- ommended that :aid Petition he grant- ed; And, whereas, Notice of such pro- posed change has been published as provided by Resohitton of this Cotmcil and by laty, parties in interest and citizens had an opportunity to be heard at the public meeting held at 7:3U p. m., January 14, 1946- in the City Council Chamber In the City Hall, Dubuque, rotva; And, Whereas, no objections of any ktnd were filed or mado to the pro- posed change. Now, Therefore, Be it Ordained by the City Council of the City of Dn- buque: Sec, 1, That the Zoning 114ap of the City of Dabuque be, and the same Is hereby amended and changed by extending the present "'Local Busi- ness District" at Stewart and Delhi Streets easterly to the easterly line of Lot 4 of Hughes Subdivision, main- taining the width of 100 feet from the street line of Delhi Street Lot 4 of Hughes Subdivision is hereby changed from "1ultiple Residence Dish~frt" classification to "Local Busi- ness Dish•fet" classification. Sec, 2, This Ordinance shall he in fm~ce and effect from and after its final passage, adoption, approval by the City Council and publication as by law prot2ded. and when the cost of publishing same has been paid by Petitioners. Passed upon first reading this 14th day of January, 1946 Passed, adopted and approved on final reading this 4th day of Febru• ary, 1946, F. W, THOIrPSON, Mayor. I'RANI{ VAN DUELMAN, ALBERT WHARTON, GEO. R.:VIURPHY, ~~V. W. MOFFATT, Attest: Connclmen. J. J. Shea, City Clerk. Published officially fn The Tele- graph-Herald newspaper this 6th day of February, 1946. ,T. J. SHEA, 2-6-1t City Clerk. Councilman Van Duelman moved the adoption of the ordinance, Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. Reg~ilar Session, February 4th, 1946 13 January 21, 1946 In re: Claim of Mrs. Anna Schaul Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. Anna Schaul, from my investigation, I find that on January 5, 1946 Mrs. Schaul's car ran over a defective grating near the old post office between ninth and tenth on Locust Street, and caused damage to her right front fender in the amout of $3.65. I recommend that the claim be allowed and that a warrant be is- sued pa~yabie to her in the amount of $3.65 to be delivered to her upon delivery to the City of a properly executed release, Yours truly, JOHN J. KINTZINGER, City Solicitor, Councilman Moffatt moved that the recommendation of, City Solicit• or Kintzinger be approved and the City Auditor instructe dto draw a warrant in the amount of $3.65 in favor of Mrs. Anna Schaul, as set- tlement in full of her claim, and that said warrant be delivered up• on receipt by the City of Dubuque of a properly executed release. Seconded, by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. ATays-None. January 28, 1946. In re: Claim of Cora Drost. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: With reference to the claim of Cora Drost, submitted to me for investigation and report, I find that while crossing Cherry Street she slipped on a street which was' in a dangerous condition and sustained a fracture to two ribs on the left side, bruised the left side of her face and received a black eye. That because of said injuries she was required to secure medical aid which amounts to $20.50, I am of the opinion that this claim should be allowed in the amount of $20.50 and that a war- rant be .issued payable to her for $20.50 and delivered to her upon delivery to the City of a properly executed release. Yom's truly, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicit- or Kintzinger be apps°oved and the City Auditor instructed to drativ a warrant in the amount of $20.50 in favor of Cora Drost, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque o£ a pro- perly executed release. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson Comlcif- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. January 28, 1496. In re: Claim of Velma Shoars. Honorable Mayor and City Council, City of Dubuque, Iowa. Gentlemen: Upon investigation of the above claim, I find that on De- cember 20, 1946, Velma Shoars sus- tained a fracture of her left leg be- tween the knee and ankle when she fell on a sidewalk in front of 560 Eighth Avenue, tripping over a raised part of the sidewalk which was covered with a slippery coat of smooth ice. The sidewalk is raised because of roots of the trees at this place and is on a steep grade. She has been under the care of a phys- ician since that time. Her doctor bill is $45.00 and the bill at Mercy Hospital $30.00. From my invests- gation I am satisfied there is a liability. I recommend that the claim of Velma Shoars be allowed iu the amount of $75.00 and that a war- rant be issued payable to her and delivered to her upon delivery to the City of a properly executed release. Yours truly, JOHN J. KINTZINGER, City Solicitor', Councilman Murphy moved that the reconmrendation of City Solicit- or Kintzinger be approved and the City Auditor lusts°ucted to draw a warrant iu the amount of $75,00 in favor of Velma Shoars, as settle- ment in full of her claim, and that said warrant be delivered upon re- I 14 Regular Session, February 4th, 1946 - ceipt by the City of Dubuque of a properly executed release. Second- ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayer Thompson, Council- men Moffatt, Ilfurphy, Van Duelman; Wharton. Nays-None. February 4, 1946. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: This is to advise that I have approved the follofing policies and desire to have your approval on satue for filing: EXCAVATION. George F. Pinski, 487 Eighth Ave- nue; Policy No: P 296070, The Fi- delity & Casualty Co. TAXI-CAB. Joseph C, Ry1e (City oCab Co.), 173b Alta Vista Street; Policies No. 640341 and 640342, Hartford Acci- dent and Indenmity Co. Melvin J. Donahue, James A. Bredehop and Alfred Russell Roth ('Pelephone Cab Co.), Policy No. 14P101905, American Casualty Company. Respectfully submitted, A, A. P~HOMBERG, City Manager. Councilman 1lfurphy moved that the bonds be approved. and placed ou file. _ Seconded by Councilman Wharton. Carried by the follo`vnig VOLe: Yeas-iVIayor Thompson, Council- men 114offatt, Murphy, Van Vuehnan, gVirarton. iv'ays-None. February 4, 1946. To the Ignorable Mayor and City Council, Dubuque, Iowa. C,errtlemen: The present method of financing milk inspecting in the City of Dubuque is by appropriation from real estate taxes and from milk inspection fees. These fees are paid by the producers at a rate of one cent per hundredweight of milk. The services required by the distributors and processors of milk products are such as to indicate that a more equitable financial ar- rangement would be to have all share in the cost- the public through general tax and both the producer and distributor through fees. General agreement has been reached with the mills distributors I on this subject and I am able to report to the Council that they wlll not oppose the levy of one cent per hundredweight on their milk. Since there are 48 quarts of milk per cwt., the one-forty-eighth o£ a cent per quart is not intended to form any justification for any advance in the retail price of milk. I recommend that the ordinances regulating the fees far milk iuspec• tion be amended by providing for the collection of one cent per cwt. of m4k from the distributor in ad- dition to the fee now collected from the producer. Respectfully submitted A. A. RHOMBERG, City Manager Councilman Moffatt moved that the recommendation of City Mana- ger Rhomberg be approved and the City Solicitor requested to prepare the proper amendment to the milk ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. P,esolution No. 7.46 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied wtih 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 be- half of said City. Name Address Richard `Va11er and Michael Bur- ton, 435 Central Avenue. Carl F. Schlueter, 1233 Rhomberg Avenue. Dick Ferguson, 310 East 30th Street. American Veterans of World War II, Dubuque Post, Number 3, 429 Main Street. Passed, adopted and approved this 4th day of February, 1946. F. W. THOMPSON, Mayor FRANK VAN DUELiVIAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Regular Session, February 4th, 1946 15 Councilman Van Duelman moved teh adoption of the resolution. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Resolution No. 8.46 Whereas, applications Yor Beer Permits have been submitted to this Council for approval and the same have been examined: Now There- 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" Permit Name Address Richard J. Alderson, 399 East 20th Street. Louis Anthoine and Agnella An- thoine, 119 West, 6th Street. Melvin, Anita and George Mc. Donough, 305 Eighth Avenue. Dick Ferguson, 310 East 30th Street. Class "C" Permit William Keefe, 2700 Jackson Street. Passed, adopted and approved this 4th day of February, 1946. F. W. THOMPSON, Mayor FRANK VAN DUELMAN,. ALBERT WHARTOAT, 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. Resolution No. 9.46 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they received the approval of this Coun- cil; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to eoinply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, Be it resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap• plicants a Beer Permit. Class "B" Permit Name .Address Louis Anthoine and Agnella An- thoine 119 West fith Street Melvin, Anita and George McDon- ough 305 Eighth Avenue Dick Ferguson 310 East 30th Street Class "C" Permit William Keefe 2700 Jackson Street Be it further resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adapted and approved this 4th day of February, 1946 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 Murphy. Carried by the following vote: Yeas--Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Councilman Murphy moved that the City Manager Rhomberg be in- structed to advertise for bids for furnishing the City of Dubuque with a new street sweeper, Seconded by Councilman Moffatt. Carried by the fallowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council. I i ~.._-~ ,~, 16 Regular Session, February 4th, 1946 men Moffatt, Murphy, Van Duel• man, Wharton, Nays-None. J. J. SHEA, City Clei•k. Approved ..................................1946. Adopted ....................................1946, P.ttest : ......................_,...............,...... City Clerk. Special Session, February filth, 1946 17 (Official.) Special Session, February 11th, 1946. Council met at 7:30 p.m. Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhom• berg. 14eeting called by order of Coun- cilmen Van Duehnan and Wharton. 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 the bids submitted for the furnishing of Fire Apparatus and also for the furnishing of Street Name Signs and acting on any other business as may properly come be- fore aregular meeting of the City Council. Proof of publication, certified to by the publishers, of notice of the receipt of bids for furnishing Street Name Signs, presented and read. Councilman Van Duehnan moved that the proof of publication be re• ceived and filed. Seconded by Coun- Gilman Murphy. Carried by the fol- . lowing vote; Yeas-Mayor Thompson, Council- '. men Moffatt, Murphy, Van Duel- mau, Wharton, Nays-None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded ny Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- . men Moffatt, Murphy, Van Duel- .. man, Wharton. Nays-None. Mr. John Weiser addressed the Council asking that his property be rezoned in order that he might be in a position to turn the house into au apartment building. Mr. Weiser was advised that the Board of Ad- justment would hold a meeting this week- and that his request would then be considered by the Board of Adjustment. February 11,1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: Pursuant to your in- structions, sealed bids were receiv- ed until 10:00 a.m., February 11th, for street name signs as per specifi- cations attached. Two bids were re- ceived as follows: Lyle Signs, Inc., Minneapolis, Minnesota, 264 two-way sign units of porcelain enamel on 18 gauge steel with 4i/a" letters of'/z" stroke Cd $13.00 each and 543 fourtway sign units of baked enamel on 18 gauge steel with 3r/z" letters of 3/s" stroke $5.32 each together with a steh- cil cost of $100.00 for the porcelain signs for a total price of $6,290.00 delivered to Dubuque, Iowa. B. J. Hannan, Dubuque, 797 signs as per sample (2r/z" letters of s,~" stroke) for a lump sum of $6,275.00. I recommend that the contract for the street signs be awarded to Lyle Signs, Inc, at their bid price, this being the only bid to comply with the specifications on sizes and ma- terials. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Wharton moved that the recommendation of City Mana- ger Rhomberg be approved, 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. 10.46. Whereas, the City of Dubuque, pursuant to an advertisement for bids on furnish- ing street name signs, did on the 11th day of February, 1946, at ten o'clock a.m., at the City Clerk's of• fice in the City Hall, Dubuque, Iowa received bids for street name signs, which bids were taken under ad- visement by the City Council: and Whereas, the proposals have been compared and examined and this Council has determined that the most favorable proposal received was submitted by Lyle Signs,"Inc., Minneapolis, Minnesota; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa that the contract for the furnishing of 264 two-way sign units of porcelain enamel and 543 18 Special Session, February 11th, 194b four-way sign units of baked enamel in the amount of $6,290,00 be award- ed to Lyle Signs, Inc., and the Clty Manager is herby authorized and directed to execute a contract to that effect on behalf of the City of Dubuque, Iowa; and Be It Further Resolved that this resolution being deemed urgent and of immediate necessity, become ef- fective from and after its filial pas- sage and adoptfon by the City Coun- cil. Approved and placed on file for public inspection for one week on February 11, 1946. Councilman Wharton moved that the resolution be approved and plac- ed an file with the City Clerk for public inspection for at least one week before its final adoption. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Thompson, Council- hien Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of notice of the receipt of bids for furnishing One Aerial Laddertruck, Tractor Type, 100 Foot Ladder with Hydraulic Hoist, presented and read. Councilman Moffatt moved that the proof of publication be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thoipson, Council- men Moffatt, Murphy, Vau Duel- man, Wharton. Nays-None. ~ February 11, 1946 j To the Honorable Mayor and i City Council, Dubuque, Iowa. Gentlemen: Pursuant to your in- structions, sealed bids wore receiv- ed until 10:00 a. m., February 11th, for the furnishing of one 100 foot metal aerial ladder tractor type ~ truck as per attached specifications. I ~ Two bidders submitted the attached { quotations tabulated as follows, ~ F.O.B., Dubuque, Iowa: I ' The Seagrove Corporation, Col- utnbus, Ohio by Don G. Follett of ` i the Herman M. Brown Co. of Des 1 Moines, Iowa on one 12 cyl. 240 H.P. motor, 100 foot aerial ladder tractor type truck for the sum of ~ $19,810.00. American-LaFrance-Foamite Corp. of Elmira, N. Y, by Glenn Scott on one 100 ft, tractor drawn aerial truck with 240 H.P. motor for $21,- 490.91 or one 100 ft, tractor drawn aerial truck with 200 H. P. motor for $19,530.91. In addition this firm bid upon furnishing a 100 ft. 4 wheel service aerial truck with 240 FLP. motor for the sum of $20,265.91. These bids aro submitted to you for your consideration. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the communication of City Manager Rhomberg together with the bids be referred to the council for their con- sideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas--Zayor Thompson; Couucil- inen Moffatt ,Mm~phy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Lillian Hayes in the amount of $1,000.00 for in- juries sustained in a fall on the rough, ridged and uneven snow and ice on the sidewalk and crosswalk leading across the alley on the southerly side of East Eleventh Street between Central Avenue and White Streets, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and repm~t. Seconded by Council- man Van Duelman. Carried by the fololrving vote: Yeas-Mayor Thompson, Council- men 114offatt, Murphy, Van Duel- man, Wharton. Nays-Noce. Notice of Claim of Dave O'Connell in the amount of $2,600.00 for in- juries sustained in a fall upon the rough, rounded and uneven snow and ice on the northerly side of West Fifth Street a few feet west- erly of the center line of the alley between Main and Locust Streets, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report, Seconded by Coun- cilman Murphy. Carried by the fol- lo`4ing vote: Yeas-Mayor Thompson, Council. Special Session, February llth,194b 19 ' meu Moffatt, Murphy, Van Duel- . man, Wharton. Nays-None. January 31,1946 City Clerk, Dubuque Iowa Dear Sir: We are enclosing here- with Revocation of Power of At- torney No. 21022, now on file in your office, authorizing the execu- tiou of hoods when signed by Leo B. or Frank J. Schlueter. In lieu of the above we are pleas- . ed to send you, for filing, Power of Attm~uey No. 27440, authorizing the ' execution of certain bonds and un- dertakings on behalf of this Com- pony when signed by Leo B. Schlue- ter of Frank J. Schlueter, As At- torney in Fact. Very truly yours, R. W. CLEARMAN Asst. Manager Councilman Murphy moved that the communication be received and made a matter of recm~d and the Power of Attorney placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of Cecelia Howe, refer- , red to the City Council by the Board of Supervisions, requesting suspension of the 1945 tax mt Lot ' 17 of Yates Subdivision, presented and read. Councilman Van Duehuan moved that the petition be referred to the City Solicitor for investigation .and report. Seconded. by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- . meu IvIoffatt, Murphy, Van Duel- . man, Wharton. Nays-None. Petition of Mrs. Mary Hier, re- ferred to the City Council by the ' Board of Supervisions, requesting suspension of the 1946 tax on the North 24 feet of East 170 feet of Lot 374 Davis Farm Addition, 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: Yeas-Mayor Thompson, Conncil- men Moffatt, Murphy, Vau Duel- man, Wharton. Nays-None. Petition of Wm. F. Hansen re- questing arefund on his Cigarette Permit No. 69 as he has discontinu- ed business on January 16, 1946, presented and read. Councilman Vau Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Wm. F. Hansen to cover the amount of refund granted on the unexpired portion of his Cig- arette Permit No. 59. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None, Petition of Martin A, and Mrs. Sophia Miller requesting a refund on Cigarette Permit No. 124 as they have discontinued business on February 5, 1946, presented .and read. Councilman Murphy moved that request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Martin A. and Mrs. Sophia Miller to cover the amount of re- fund granted on the unexpired por- tion of their Cigarette Permit No. 124. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Vau Duel- man, Wharton. Nays-Noce. Ordinance No. &46. An Ordinance amending Ordinance entitled "Or- dfnance No. 13-35, providing for in- spection and testing oP all milk in- tended for public sale and distri- butioir, exacting a charge from pro- ducers, etc:' by striking out Par. 547, Section 5, and enacting a sub- stitute in lieu thereof, 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. ~_ _ 20 Special Session, February 11th, 1946 Special Session, February 11th, 1946 21 Councilman Van Duelman moved that the rules be suspended requir• ing an ordinance to be read on three separate days. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duei- rnan, Wharton, Nays-None. Councilman Vau Duelman moved that the ordinance be placed on file with the City Clerk for public { inspection far at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote; Yeas-Mayor Thompson, Council- I men Moffatt, Murply, Van Duel- j than, Wharton. I, Nays-None. February 7, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: In re: Petition of Catherine S. Luudbeck for suspen- pensicn of taxes on: Woodlawn Park Add. Lot 242, Coxs Add., Lot 11, asking that the 1945 tax be suspended because of age. I recommend that said Petition be approved by the City Council of the City of Dubuque and that notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be appr°oved and the Board of Supervisors to be notified of Council action. Second- ed by Councilman Murphy. Carr°ied by the following vote: Peas-Mayor Tohmpson, Council- men Moffatt, Murphy, Van Duel- nrart, Wharton, Nays-None, February 8,1946 In re: Claim of Mrs. James Craw- ford Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With reference to the above claim submitted to me for investigation and report, claim- ant fell on a sidwalk that was in a dangerous condition because of snow and ice having been caused by water flowing from a down spout and freezing on the sidewalk, The accident happened on December 21, 1945 on the sidewalk in front of 1202-1228 Washington Street. She sustained bruises and injuries, causing her to lose 37 days work and require the services of a doc- tor. She claimed $150.00. The doc- tor bill was $30.00. After talking this matter over with her she has agreed to accept $30.00 in full pay- ment of her claim aaignst the City. I recommend that the claim be allowed in the sum of $30.00 and that a warrant be issued payable to her order for that amount to be delivered to her upon delivery to the City of a properly executed re- lease. Yours truly, JOHN J, KINTZINGER City Solicitor Councilman Murphy moved that that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $30.00 in favor of Mrs. James Craw- forcL as settlement in full of her claim, and that said warrant be de- livered upon receipt by the City of Dubuque of a properly executed release. Seconded by Councilman 11loffat. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. February 9, 1946 In re: Claim of -frs, J. P, Carrig Honorable Mayor and City Council, Dubuque, Iowa Gentelmen: Upon my investiga- tion of this claim I am of the opin- ion that there is no liability for the reason that the claimant in unable to show that the sidewalk was in a dangerous condition and, there- fore, I recommend that the claim be denied. Yours truly JOHN KINTZINGER, City Solicitor Councilman Moffatt moved that the recommendation of City Solic• itor Kintzinger be approved. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Maym• Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. February 9, 1946 Iu re: Claim of Andrew McGrath Honorable Mayor and City Council, Dubuque, Iowa Gentelmen: On or about De• cember 19, 1945 Andrew McGrath, `vhile walking- on sidewalk in front of 765 Alpine Street, fell on some ice and snow breaking his wrist and injuring a dental plate. It ap• pears that water had been draining on that sidewalk, some coming froth drain pipes on adjoining buildings, that the water should Freeze, melt and then freeze again. That on the day of the accident it was covered with new snow. That because of said condition claimant fell and sustained injuries above mentioned. That he has been away from his work slrce the time of his fail on December 19, 1945, has incm'red a doctor bill in the amount of $33: 00 and a dental bill in the amount of about $30.00. That after con- ' ference tivith him he has agreed to accept $60.00 in full payment of his claim. I recommend that the claim of Andrew McGrath be allowed in the sent of $60.00; that a warrant be made payable to his order for said sum and delivered to him upon de- livery to the City of a properly ex- ecuted reIea~se, Yottrs truly, JOHN J. KNTZINGER, City Solicitor Councilman Wharton moved that the recommendation of City Solic- itor I{intzinger be approved and the City Auditor instructed to draw a warrant in the amount of $60.00 in favor of Andrew McGrath, as set- tlement in full of his 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, Councll- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. February 11, 1946 To the Honm'able Mayor and City Council, Dubuque, Iowa, Gentelmen: This is to advise that I have approved the following bonds and desire to have yom' ap- proval on same for filing; Excavation Key City Gas Company, 669 Main Street, Bond No. 735673, The Fid- delity & Casualty Co. Louis Buechel, 1043 Main Street, Bond No. 4387314, Fidelity & De• posit Ca. Respectfully submitted, A. A. ROHMBERG, City Manager Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Coun- cilman Murphy, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None, Resolution No, 11.46 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 Joseph Hillard and Bernice Hil- lard 431 Rhomberg Avenue Passed, adopted and approved this 11th day of February, 1946, F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, W. W. MOFFATT, GEO. R. MURPHY, 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. Resolution No. 12.46 Whereas, application 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 fol- lowing applications be granted and ;: 22 Special Session, i _ ~ the licensos are to be issued upon the compliance with the terms of the ordinance of this City. Class 'B" Permit February lath, 1946 Couucilman Murphy moved the adoption of the resolution. Second- ed by Couucilman Moffatt. Carried by the following vote: Name Address Joseph Hillard and Bernice Hil- lard 431 Rohmberg Avenue Merchants Hotel (Roger M. Ber- tsch) 310 Main Street Passed, adopted and approved this 11th day of February, 1946. F, W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duehnan moved the adoption of the resolution. Sec- onded by Councilman Moffatt: Car- ried by the fallowing vote: Yeas-Mayor Thompson, Couneil- men Moffatt, Murphy, Van Duel- man, Wharton, Nays-None. Resolution No, 13.46 ,Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicants and it has 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, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicants aBeer Permit. Class "B" Permit Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. There being no further business Coameihnan Murphy moved to ad- journ: Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Deul- man, Wharton, Nays-None. J. J. SHEA, City Clerk• Approved ................................. 1946 Adopted ........... ........................., 1946 Councilmen: ! ..................................... Attest : ................................................ City Clerk. Name Address Joseph Hillard and Bernice Hil- lard 431 Rohmberg Avenue Be It Further Resolved that the bond filed by such applicants be and the same is hereby approved. Passed, adopted and approved this 11th day of February, 1946. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen. Attest: J, J, SHEA, City Clerk.