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1946 September Council ProceedingsRegular Session, September and, i9:}o ?75 City Couneil (Official) Regular Session, September Znd, 1946. No members of the City Council being present upon roll call, the meeting was postponed subject to call. J. J, SHEA, City Clerk Adopted .................................... 1947 Approved ........ .......................... 1947 Councilmen; • .................................... Attest : ............................................... Clty Clerk. z,6 Adjourned Regular Session, September 3rd, t~d6 City Council (Official) Adjow'ned Regular Session, Sep- tember 3rd, 1946. Council mat at 7:30 P.NI. Present-Mayor Wharton, Coun- cilmen Moffatt, Murphy, Thompson, ~~'an Duelman, City Manager Rhom berg. NIayor Wharton stated that this meeting is an Adjourned Meeting of the Regular Meeting of SePtent- ber 2nd, 1946, far the purpose of acting upon such business as may properly come before a Regular Meeting of the City Council. Councilman Van Duelman moved that Daylight Saving Time be dis• cwrkinued to take effect at mid- night on Saturday, September 7th, 19.16. Seconded by Comtcihnan Mof- fatt. Carried by the following vote: Yeas-Mayor Wharton, Comtcil- mmt Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Councilman Murphy moved that the rules be suspended for the ptu'- pose of allowing any one present in the Council Chamber who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Petition of St. Joseph Mercy Hospital of Dubuque and Sisters of Mercy clarifying their former petition filed June 3, 1946 relative to the widening of James Sheet, to provide adequate stm'nt water diversion and to provide for the extension of water mains, present- ed and read. Attorney Herbert Hoffmann ad- dressed the Council in support oP the Petition of St, Joseph Mercy Hospital and Sisters of Mercy. Councilman Thompson moved that the petition be referred to the Council for consideration at a meet- ing to be~ held Thursday, Septem- ber 5th, 1946 and the Fire Chief requested to be present at the weet- ing. Secmtded by Councilman Van Duelman. Carried by the following Vote: Yeas--Iayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of I~enline, Roedell, Hoffmann and Reynolds, Attorneys for the Chicago Great Western Railway Company, requesting that the Chicago Great Western Rail- way Company be granted the right to construct a spur track across 12th Sheet as reflected by the plat herewith submitted, presented and read. Attorney H. C. Kenline addressed the Council in support of the peti- tion requesting that the Chicago Great Western Raihvay Company be granted the right to construct a spur track across 12th Sheet. Councilman Thompson moved that the petition be referred to the Cotutcil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Deuhnan, Nays-Noce. Petition of Joseph Wingert et al, residents of the Audubon Seltool District, asking that something be done about the sewer odor in this vicinity and that this condition be corrected, presented and read. Messrs Wm. Leik et al addressed the Council in support of their petition and requested that im- mediate action be taken to cause the rmuoval of the odor from the sewer in the vicinity of the Audu- bon School district. Cowtcilntan Vau Duelman moved that the petition be referred to the City Council and City -fanager to- gether with a Conunittee of three of the Petitioners to meet with the officials of the Dubuque Paclting Company to discuss the alleged nuisance as outlined in the Petition and the remedy for the elimination of said nuisance. Seconded by Couucihnan Thompson, Carried by the following vote: Yeas-Mayor Whartmt, Council- men Moffatt, Morph ~, Thompson, Van Duelman. Nays-None. Adjotuned Regular Session, September ord. t~}6 ~i% Attorney M. H. Caisek addressed the Cotntcil on behalf of the peti- tion of Albert P. Dolan requesting the installation of a storm sewer in Shims Street in front of the North 1/z of l'Iineral Lot 309A. Councilman Moffatt moved that the Petition he again referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following' vote: Peas-Nlaym' Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. llr. Clifford T. Siege, 1325 Ben- nett Sheet, addressed the Council asking that storm water from the alley adjoining his property be di- verted in order that the same be not allowed to flow over his proP- erty. Councihuan -4offatt moved that the request be referred to the Coun- cil to view the g't'outtds'Cart'ied[lby by Councilman Murphy. the following vote: Yeas-Mayor Wharton, Couucil- men R4offatt, Murphy, Thompson Van Duelman. Leonard Burke, tivas present wt at least one accasiou when these girls were served. Chief Stroh, who was present at the hearing, informed me that charges had been filed against both the bartender and the proprietor, but that the charge against the proprietor was dis- missed and the bartender allowed to forfeit a X100.00 bond without any attempt to obtain a conviction. I recalled that this same tavern had been involved in a juvenile case previously, and consequently looked at the District Court m'im final records to find ant what dis- position had been made of the prior charge. Ou November 7, 1945, Leon- ard Burke was foun[1 guilty in Pa lice Com't on two charges; Per. witting a minor to consume beer on his tavern Premises; and keep- ing' liquor on the tavern premises. He was fined $50.00 and costs on each charge, and appealed both convictions to District Court. How- ever, on January 3, 1946, before guy hearing teas lad on the appeal, the fines were Paid to the office of the Clerk of the Districtof oDti ' and remitted to the City buque. Nays-None. NIl' Arthur A. Witherall, 1345 Bennett Street, addressed the Coun- cil requesting that a slow sig^ be erected on Bennett Street in order that automobile traffic be controlled on said street. Councilman Moffatt moved that the request be referred to the Coun- cil to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Mw'Plty, Thowpsou, Van Duelman. Nays-None. August 2i, 194G Mr. A. A. Rhomberg~, 1VIanager, City of Dubuque, Dubuque, Iowa Dear Ab: At a recent juvenile court hearing involving tw bagged of 14 and 16 years of age, with fm'gery, the evidence indi- cated that on the two occasions in- volved, the girls, after securing the money from the forged instruments, immediately went to the Shangri- La 'Pavers on 11th and Maiu Street where they were served with beer by the bartender. The evidence also indicated that the proprietor, You will note that on the latest offense, a bond forfeiture was in- volved, Ibelieve that on prior oc- casimts when someone has raised the question about license revoca- tion tinder such circuntsfances an opinion has been g'ivem that a hood fm'feiture does not constitute a conviction, and that failure to prose- cute the matter further would tl e dude the city from revoking last license. In the cases arising November no question of a lack of convictimi exists. I assume that you and the City Council are fami- liar with the provisions of Section 124.20 of the 1946 Code of Iowa which provides that it shall be un- lawful for any Person to permit any minor to purchase or consume any beer on the premises of a Class °B" Permit Holder; and it further provides that a violation of this section shall be a manda- tory ground fm• a revocation of said Pwrtuit. Section 124.34 extends the revocation Power to cover vio- lations of ordinances adopted hY a city or town. As you know, Juvenile Court is designed primarily for the Purpose 2~b _ldjourned Regular Session, September 3rd, Iga6 of rehabilitating' youthful offenders, and its work is definitely handi- capped by law violators who per- sistently contribute to the deiin- quency of juveniles. I ant, there- fm~e, passing this iufmntation on to you in considerable detail so that you may be fully informed as to what the records of the Juvenile and the District Court reveal in this matter. Pours very truly, Milton J. Glenn Judge 19th Judicial District of Iowa Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-11layor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehuan. Nays-Noce. Resolution No. 121.46 Whereas, this Council on the 7th clay of September, 1945, caused to he issued a Class "B" Beer Permit bearing the Number 108 to Leonard Burke, operating a. tavern at 1091 plain Street in the City of Dubuque; and Whereas, it has come to the at- tentimt of this Counci] that the owner and holder of said permit has conducted his place of business iu a disorderly manner and has been convicted of a violation of law; Now, Therefm•e, Be It Resolved by the City Coun- cil of the City of Dubuque that Class "B" Beer Permit No. 108, heretofore issued to Leonard Burke, be and the saute is hereby revoked and the Chief of Police is directed to ta][e up such permit forthwith and return the same for cancella- tion. Passed, adopted and approved this 3rd day of September 1946. ALBERT WHARTON, Mayor FRANI{ VAN DUELMAN, F, W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councihnan Murphy moved the adoption of the resolutimt. Second- eel by Councilman Moffatt, Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Moffatt, Mutphy, Thompson, Van Duelman, Nays-None. Notice of Claim of Emilie Weiss in the amount of $500.00 for in• juries received iu a fall on a side• walk in front of 2776 Central Av cone, presented and read. Councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- ntan Murphy. Carried by the follow- ing vote: Yeas-Mayor Wharton, Comtcil- men Moffatt, Mm•phy, Thmupson, Van Duelman. Nays-None. Notice of Claim of Thomas L. Jacques in the amount. of $29.41 for damages to his car caused in striking an open manhole on Cen• teal Avenue, presented and read. Councilman Van Duelman moved that the Notice of Claim be re• ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehnau. Nays-None. Conunuuicatiou of the 114agee- Hale Parlc-O-Meter Company sub- mitting for Council consideration an illustrated brochw'e showing the highlights of their improved automatic, universal parking meter, presented and read. Councilman Murphy moved that the comnnmication be referred to the Council. Seconded by Cauncil- mau Van Duelman, Carried by the following vote: Yeas-Maym' Wharton, Council- men Moffatt, Mm•phy, Thompson, Van Duehnau. Nays-None. Connnunicatiou of County Audi- tor Daykiu advising that the Board of Supervisors have accepted au offer of $200.00 mt Lots 47 and 48 of Finley, Waples and Bm•ton's Ad- ditimt made by Wnt. Lammer, pre- sented and read. Councilman Mm•phy moved that the offer be rejected and the Boatel of Supervisors to he notified of the _~djourned Regular Session, September 3rd, tq~6 -'i9 action of the City Council. Seconded by -4aym• jVharton. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, lYIurphy, Thompson, Van Duelman Nays-None. Cmunnmication of Sumner S. Sollitt & Company advising that in compliance with Paragraph "X" of the conh•act dated the 22nd day of July, 1945, behveett the City of Du- buque and the Sumner S. Sollitt & Company that they are not to sub-let any part of the work cover- ed by this contract without the consent of the City of Dubuque, and accordingly, they are request- ing permisison to sub-let the grad- ing to the Charles J. Wilson Cmu- pauy, sub-contractors for grading, presented an[l read. Councilman Van Duelman moved that the request be granted. Sec- onded by Councihnan Thompson. Carried by the following' vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Cmuntuuication of Herbert E. Ruprecht submitting' application far the Dosition of manager and operator of the new airpm't and requesting' Council consideration of his application, presented and read, Councilma-n Murphy moved that the communication be referred to the Council for consideration. Sec- onded by Councilman Van Duelman. Carrie[1 by the following' vote; Yeas-1'Iayor Wharton, Council- men Moffatt, il4mphy, Thompson, Van Duehuan. Nays-None. Communication of H. E. Ruprecht submitting copy of a chart which he [leveloped showing the sources of revenue at a commercial air- port as it is most important iu the planning' of the airport that pro- visimts be made to accomodate concessions, presented and read. Councihnan Murphy moved that the communication be referred to the Council fm' consideration. Sec- on[led by Councilman Van Duelman. Carried by the following vote: Yeas--'Iayor Wharton, Council- men Moffatt, Murphy, Thompson, Pan Duelman. Nays-None. Communication of Wilson W. `y'yatt, administrator, National Housing Agency, advising that a series of actions has been conclud- ed to increase the flow of vitally needed building materials into Veterans Hotvsing, presented and read. Councilman Moffatt moved that the communication be received and filed. Seconded by Councilman Van Duehnau. Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehuan. Nays-Noce. Conuvunication of The htterna- timta] Council of Religious Educa- tion advising' that the Sixteenth Aunua] Observance of Religious week will be celebrated during the week of September 29 through October 6, 1946 and requesting that the IVlayor issue a Proclamation for the observance of said week, presented and read. Councilman Murphy moved that the communication be referred to the Illayor to issue a Proclamation as requested. Seconded by Council- ma^ Van Duelman. Carried by the following vote: Qeas-4ayor Wharton, Council- men il'Ioffatt, Murphy, Thompson, Vau Duehnau Nays-None. Commmication of John F. Ro- shon owner of Lot 202, known as 1398 Pine Street, objecting' to the vacation of Pine Street and the alley between Pine Street and -4aple Street adjoining Lot 262 as requested by A. Y. -IcDonal[I Mfg. Co., presented and read. Councilman -Ioffatt moved that the conununicatiou be referred to the Planning and Zoning' Commis- sion. Seconded by Councilman Mur- phy. Carried by the fallowing vote: Teas-Maym• Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Petition of L. E. Roethig request- ing the installatimt of a street light at 1790 Ran[lall Place, presented and read. Councihnan Mw°phy moved that the petition be denied. Seconded i! 2&0 Adjourned Regular Session, September Ord, Iq~6 by Conncihman 14offatt, Carried by the following vote: Yeas--Iayor Wha~rtou, Council- men -'Ioffatt, Murphy, Thmmpson, Van Duelman. Nays-None. Petition of Mrs. Gertrude Corbett et al requesting that a street light be installed on Wilbw• Street be- tween Grove Terrace and alley or at the second lig9tt pole on \Viibur Street from Grove Terrace west, presented and read. Couucihnan Thompson moved that the petition be referred to the Citp 1\Iauag'er to have lights rear rarg'ed on Wilbur Street. Seconded by Council Marpby Carried by the Yollowing vote: Yeas-Mayor Wharton, Council- men Moffatt, illurphy, Thompson, Van Duehuau. Nays-None. Petition of J. A. I{lacer et al re- questing the Ctiy Council to deny the use of the corner lot occupied as a gas statimt on the corner of Rest Locust and Kirkwood Streets from being used as a Trailer Camp, presented anti read. Councilman -4urphy moved that the petition be referred to the City 1Ianager and Health Department for investigation and report. Sec- onded by Mayor Wharton. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Communication of Arthur C, I{auffmann submitting an offer in the amount of $1,050.00 for the purchase of City owned property located ou Garfield Avenue be- tween Dock and 11larshall Streets, nreseuted and read. Couucilmau Thompson moved that the offer be rejected. Second- ed by Councilman -Iurphy. Carried by the following vote: Yeas-Mayor Wharton, Council- nten Meffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of L. F. McDonough, Parade Chariman of the Iowa Cen- tennial Committee, requesting per- mission for the holding of a street parade mt September 19, at 2 p.nt., presented and read. Councilman Van Duelman moved that the request he granted. Sec- owned by Comrcihnan Moffatt. Car- ried by the following vote: Yeas-Mayor Wharton, Couuci]- men Moffatt, Murphy, Thompsou, Van Duelman. Nays-None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dtu°ing the month of July, 1946. presented and read. Couucihuan Murphy moved that the proof of publication be received and filed. Seconded by Couucilmau 17tmnpson. Carried by the follow- ing' vote: I easMaym• Wharton, Council- men -Ioffatt, Murply, Thompsou, Vau Duelman. Nays-None. Ordinance No. 32-46 An Ordinance vacating the alley south of Lots 32 and 33 Littleton's and Sawyer's Addition in the City of Dubuque, Iowa, said ordinance having been passed upon first read- ing ou August 5th, 1946 and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, was Presented for final adoption. Ordinance No. 32-46 Au Ordinance vacating the alley south of Lots 32 and 33 Littletou's and Sawyer's Addition in the City of Dubuque, Iowa; And, Whereas, a Petition has been filed requesting the vacation of that part of the alley above described; And, Whereas, the Applicant is the owner of real estate abutting said alley; And, Whereas, the Planning and Toning Commission of the City of Dubuque elamined into the advis- ability of vacating' said alley, and after investigation, have recont- memded that such vacation be made: And, Whereas, said portion of said alley asked to be vacated has been platted and dedicated as a public alley but the same has nev- er been opened for travel or pub- lic use and there is no demand for the use thereof as such at this time, nor is there any indication that the same will be needed for a long time to come; ~djourttEd Regular Session, September Ord, 1q~6 281 And, AVhereas, the Applicant, Joseph R. Wild desires the use of said alley in connection with the property above described and there does not appear to be valid ob- jections thereto; Now, Therefore, Be it ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That that part of the alley south of Lots 32 and 33 Lit- tleton's and Sawyer's Additimi in the City of Dubuque, Iowa, be, and the same is hereby vacated, Sea 2. That the Applicant shall cause a Plat of said vacated alley to be prepared wherein the part of the alley now being' vacated shall be gitren a legal description, whereupon the City of Dubuque shall convey said alley to said Jo- seph k. Wiln by quit claim deed, and the Dlayor and Clerk of said City are hereby authorized and di- rected to etecute said deed on be- half of said City. Sec. 3. That the Clerk be, and he is hereby directed to file a certified copy of this Ordinance in the office of the Recorder of Du- buque County, Iowa. Sea 4. That this Ordinance shall be in fm•ce and effect ten days from and after its final passage, adoption and aPPt'oval as Provided by law, and when the cast of pub- lishing the same has been paid by the Petitioner. Passed upmt first reading this 5th day of August, 191G. Passed, adopted and approved u~- on final reading this 3rd day of September, 194G. ALBERT WHARTON, Mayor. FRAM{ VAN DUELIVIAN, F. W. THOMPSON, GEO. R. 11'IURPHY, \V' \V. MOFFATT, Councihuen. Attest: J. J. SIIEA, City Clet•li. Published orTicially in The Tele- graph-Herald newspaper, this 5th day of September, 194G. 9-5-1 i. J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Sec- rt~de'i by Councihnau 11loffatt. Car- ried by the fol'owing' vote: Teas-Mayor Wharton, Council- men Moft'att, Mut•phy, Thompson, V'an Duelman. A'ays-None. August 23, 1946 To the Honorable Mayor and Councih Dubuque, Iowa Gentlemen: On July 15, 1946 Sumner S. Sollitt & Company oY Chicago was awarded a contract fur the sum of X9,053.40 for the clearing', grubbing' and grading of Avalon, Broadlawn, Morning'viety, Chaney, Ogilby, Mullin, Valleyview, and Hillcrest Roads in Hillcrest Annesatiou. Having' checked and compared the grades of said roads with their Profile Nos. 1312, 1313, 1311, 1315. 131G, 1317, 1313, and 1319; I reconr mend that said clearing, g'rubbing' and grading' be accepted as fully complying with the terms and pro- visions of the contract. A word of conunendation is given to Charles J. Wilson & Company's grade superintendent, Gemg'e Nor- ton, t-m• his splendid cooperation throughout the project. Respectfully submitted L, 0. TEMPLE, City Engineer Councilman Thompsou moved that the recommendation of City Engineer Temple be approved, Sec- onded by Councilman Murphy. Car- ried by the follarving' vote: Yeas--Iayor Wharton, Cotincil- men 11loffatt, Murphy, Thompson. Van Duehman. Nays-None. August 9, 1946 To the Honorable illayor and City Council, Dubuque, Iowa Gentlemen: Herewith is sttb- ntitted Profile No. 1322 showing the proposed grade on \Vest Third Street and Profile No. 1323 shota- ing the proposed grade on Dun- leith Street. I recommend that the proposed grades be approved as shown on the profiles and Ordinances be passed establishing' such grades, Respectfully submitted, L. 0. TEMPLE City Engineer Councihuau Murphy moved that the recommendation of City En- gineer Temple be approved. Second- z8a Adjourned Regular Session, September 3rd, Ic~}6 ed by Councilman Moffatt, Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nay s-None. Ordinance No. 33-46 An Ordinance establishing a grade on West Third Street from the east property line of Nm'th Al- goiia Street to the west property live of North Grandview avenue, presented and read. Couucilnan Van Duelman moved that the reading just had be consid- ered the first reading of the ordin- ance. Seconded by Councilman Thoutpsou. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Moffatt, Mtu'phy, Thompson, Vau Duehuan. Nays-None. Councilman Van Duehuan moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councihuan Murphy. Carried by the following vote: Peas-Il'fayor Wharton, Counci]- nieu Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Councilman Van Duehuan moved that the ordinance be placed ou file with the City Clerk for public in- spection for at least one week be- fore its Yinal adoption. Seconded by Councihuan 1loffatt, Carried by the following' vote: Peas-Mayor Wharton, Council- men NloPfatt, Murphy, Thmnpson, ~"an Duelnau. Nays-None. Ordinance No. 34-46 Au ordinance establishing'a grade rat Dnnleith Street from the west property line of Southern Avenue to a paint 390 feet west of the west property lice of Southern Avenue, presented and read. Coutcilnan Vau Duehnau novel that the reading just had be con- sidered the first reading of the m•dimance. Seconded by Cotmcilman Dloffatt. Carried by the following' vote: Peas-;Mayor Wharton, Counci]- men Moffatt, Murphy, Thotupson, Van Duelman. Nays-None, Couucilnan Van Duelnau moved that the rules be suspended requir- ing an ordinance to be read on three separate clays. Seconded by Councihuan N4urphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk far public inspection for at least one week before its final adoption. Seconded by Councilman Thompson. Carried by the following vote: Peas-Mayor Wharton, Counci]- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. August 1Q, 1946 To the Honorable Mayor and City Couucih Dubuque, Iowa Gentlemen: I herewith submit the repro-ts of the City, Auditor, Treasurer, Water Works, and Health Department, also a list of claims and list of payrolls for which warrants were drawn during the mmith of duly, 1946. Respectfully submitted, A, A. RHOMBERG, City Manager Councilman Murphy motred that the repro is be received and placed rat file. Seconded by Cotmcilman Vau Duelman. Carried by the fol- lowiug trote: Leas-Nlayor Whartmt, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays-None. September 3, 1946 To the Hmtorable Nlayor and City Council, Dubuque, Iowa Gentlemen: This is to advise that I have approved the following timid and policy and desire to have your approval on same for filing: E%CAVATICN Richard J. Burke, 130 West 13th Sheet, No. 5011 American Braiding Co. of Baltimm'e. TAYI-CAB The Radio Cab Company, 5th & Central Avenue, No. 14P101907 American Casualty Co. of Reading Pa. Respectfitlly submitted, A. A. RHDNIBERG, City Manager i t Adjourned Regular Session, September 2rd, 1946 283 Councilman Moffatt moved that the braids he apliroaed and placed ou file. Seconded by Councihuan Van Duehuan. Carried by the fol- lowing vote: Yeas--Iayor Wharton, Cottucil- men Moffatt, Murphy, Thotupson, Van Duelman. Nays-Norte, September 3, 1946 To the Hmtm'able Mayor and City Council, Dubuque, Iowa Gentlemen: At the meeting of August 5th the petition of Merlin I{luck requesting a street light at the corner of Rosedale and As- lury Streets and the petition of Mrs Frank Sherrer et al request- ing astreet light at 26th and Pin- ard Streets were referred to the Council to view the growtds. The Cotmcil having viewed the sites decided to grant the requests. I recmumend chat the decisions of the Council b2 confirmed, Respectfully submitted, A. A. RHCMBERG, City Manager Councihuan Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Van Duel- man. Carried by the following vote: Peas-Mayor Wharton, Ceuncil- men Moffatt, Murphy, Thompsmt, Vau Duelman, Nays-None. September 3, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the August 5th meeting the petition of the General Timber Service, Inc., requesting perntissiou to build a loading dock 11 feet 10 inches in width and 162 feet long in Water Street adjacent to the North 225 feet of the North 300 feet of Block 7 of Dubuque Harbor Co.'s Add. and also regnest- ing~ flat Water Street be graded and graveled its full width from Jones Street south to the end of the building' was referred to the Council to view the grounds. The Council having viewed the grounds decided to grant the re- quests. I reconvnend that the de• cisions of the Council be confirur ed and flat proper proceedings he adopted for the loading dock. Respectfully submitted, A. A, RHCMBERG, City Manager Councilman Murphy moved that the recommendation of City Mana- ger Rhmnberg be approved and the decisimts of the Council con- firmed and the City Solicitor re- gnested to prepare the proper pro- ceeding's. Secmtded by Councihuan Moffatt. Carried by the following vote: Peas-N'Iayor Wharton, Council- men Moffatt, Murphy, Thompson, Van lluelman. Nays-Noce. August 29, 1946 To the Honorable Mayor and City Cmmcil, Dubuque, Iowa Gentlemen: At the meeting of APril 26th the matter of the tax certificates held by the City against the property of the Grace Metho- dist Church-the North 50 feet of the North 107 feet of the East t/z of City Lot 746 was referred to me to confer with the Trustees of the Church. As a result of several meetings the Trustees of the Church have increased their offer of compromise froth $292.43 to $400.00 I recmn- meud that the City Council accept the $400.00 and authorize the City Treasurer to transfer and surrend- er the tas certificate to the Grace Methodist Church. Respectfully submitted, A. A. RHCMBERG, City Manager Councilman llloffatt moved that the recouuueudation of City Mana- ger Rhmnberg be approved and the City Treasurer instructed accord- ingly. Secmided by Councihuan -fiu•phy. Carried by the following vote: Peas-Nlayor Wharton. Council- men Moffatt, Mut'Phy, Thompson, Vau Duelman. Nays-None. August 6, 1946 In re: Claim of Geneva Knapp Honor°able Nlayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the action of Geneva Knapp, Plain- tiff, vs, City of Dubuque, Iowa, De- fendant for $1,000.00 for persmial injuries claimed to have been re- ceived on or about April 2, 1946, at a time when Plaintiff tripped and fell on a defective sidewalk located at 512 tiVest 14th Street in the City z84 Adjourned Regular Session, September ,rd, 1946 of Dubuque, Iowa, upon investiga- tion Ifind that the sidewalk is in a very bad condition; that plaintiff did receive iujm-ies. After consulta- tion with her Attorney, M. M. Cooney, they have agreed to ac- cept $225.D0 iu full settlement of this action. I recommend that a warrant be issued payable to M. M. Cooney. Attorney for Geneva Knapp for $225.00 and that the same be de- delivered upon receipt by the City of a properly executed release and upon dismissal of the action above referred to. Yours truly, JOHN J. KINTZINGER, City Solicitor Councihnau Thompson moved that the recommendation of City Solicitor Kiutzinger be approved and the City Auditor instructed to draw a warrant in the amount of $225.00 iu favor of 17. IVI. Cooney, Attorney for Geneva Knapp, as settlement in full of the claim and action, and that said warrant be delivered upon receipt by the City of Dubuque of a propet9y executed release and upon dismissal of the court action. Seconded by Council- man Vau Duehuan. Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, tiara Duehuan Nays-None. August 27, 1946 Iu re: Claim of Mrs. William Brosky Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: With reference to the above claim, lYL•s. Brosky claimed that she received injuries to her shoukler iu a fall upon an icy sidewalk on the east side of 19th Street between Jackson and the alley to the west, which walk was alongside the Wissel Meat Market, the cmtdition of the walk being caused by a down spout de• positing water directly on the walls which froze and made the walk un- safe and dangerous, Mrs. Brosky has been receiving treatnteuts to her shoulder and arm ever since that time. There is no question in my mind as to the liability. Mrs. Broslty brought to my office Iter bills, the Doctor bill, in all amounting to $104.50. She stated to rate that if she could receive $150.00 she would settle the claim. I took the matter up with the Wissel Mar- ket informing them of the situa- tion; they agreed to pay $75.00. I recommend that the City pay au additional sum of $75.00 and that a warrant be issued payable to Mrs. William Brosky fm' $75.00 and de- livered to her upon delivery to the City of a release properly executed by her. Pom•s truly, JOHN J. KINTZINGER Councihnau Murphy moved that the recmtimeudation of City Solici- tor Kiutzinger be approved and the City Auditor instructed to draw a warrant in the antoutn of $75.00 in favor of 112rs. William Brosky, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Secmtd- ed by Councihnau R~Ioffatt. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-Noce. August 9, 1946 Honorable Mayor and City Council, City of Dubuque, Iowa Gentlemen: In re: Petition of Mrs. rl~Iargaret E. Hogan far sus- pension of taxes on: City Lot N1/2 of 326, asking that the 1945 tax be suspended because of age. Petition of -Iary F. Brandt for suspension of taxes on: Lot 162, East Dubuque Addition, asking that the 1945 tax be suspended because of infirmity. Petition of Sarah Koehler for suspension of taxes on: Lot 15 Jackson School Sub., asking that the 1945 tax be suspended because of infirmity. I reconmtend that said Petitions be approved by the City Council of the City of Dubuque and that noti- fication of such approval be given to the Board of Supervism~s of Du- buque GountY, Iowa. Pours truly, JOHN J. I{INTZINGER, City Solicitor Councilman Moffatt moved that the recommendation of City Solici- tor Kiutzinger be approved and the Board of Supervisors to be notified of the action of the City Adjourned Regular Session, September ,~rd, I~~6 ~8~ Council. Seconded by Councilman Thompson, Carried by the follow- ing trote: Yeas114ayor Wharton, Couucil- meu -Ioffatt, Murphy, Thompson, Van Duelman, Nays-None. September 3, 1946 Houoraltle Mayor and City Council, Dubuque, Iowa Gentlemen: The question sub- mitted to me is as follows: "Is a public facility comprising a stadium and field house includ- ing' afurther facility in compliance with Sec. 500 of the 1939 Code of Iowa a memorial building in com- pliance with Chapter 33 of the 1939 Code of Iowa?" Chapter 33 of the 1939 Code of Iowa (now Chapter 37 of the 1946 Coae) is entitled "Memorial Halls and 14omm~ents for Soldiers, Sailors and 114ariues." Section 500 of the 1939 Code (now Sec, 37.15 of the 1946 Codel provides as follows: "3716 Name-Uses. Any such memorial hall or building' shall he given an appropriate name and shall be available so far as practi- cal for the fallowing purposes: 1. The special accommodations of soldiers, sailors, marines, nurses and other persons who have been in the military or naval service of the lluited States. 2. For military headquarters, memorial roosts, library, assembly hall, gymnasium, natatorium, club roots and rest room. 3. County, tows or city hall, of- fices for any county or municipal purpose, connmmity house, recrea- tion center, memorial hospital, and municipal colisemn or auditoritun. 4. Similar and appropriate pur- poses in general emumunity and ueig'hborhaod uses, under the con- trol and regulation of the custod- ians thereof." Chapter 37 supra contains uunter- otus sections providing, among oth- ers, that the building' shall be erected in commemoration of sol- diers, sailors, marines, curses and other persons who have been in the military or naval service of the United States; that the building should be available so far as prac- tical as set forth in Sec. 37.18 supra. Said building' can be erected and hoods issued therefor when electors of the City give their ap- proval at an election at which the question is submitted. When the proposition carries by a majority vote of the electors voting at such election and within 60 days there- after, all of the service organiza- tions must meet and appoint dele- gates who shall, within 90 clays after election, meet in conference and by a ballot select five com- missioners whose names shall be forthwith furnished to the City Council who shall appoint them as such conuuissiouers; said Connnis- simters shall have supervision of the erection of the said building, and, when said building is erected. the management and control there- of. Before au election can be held a Petition must be filed iu accord- ance with the provisimts of this chapter. A tax is authorized fm't-he development, expansion and con- tinuation of the building. Such memm~iaL building can be located in guy public park and upon guy other suitable site. From a careful examination of the statute referred to and a ttunt- ber of cases, including some sub- mitted to me, I am of the opinion that the statute is limited to the erection of a building and does not contemplate the inclusion of out door recreation facilities to be used iu conjunction therewith. Yours truly, JOHN J. KINTZINGER City Solicitor Councihnau Thmupson moved .that the opinimt of City Solicitor Kiutzinger be made a matter of record. Seconded by Cotmcihnan Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thontpsmt, Van Duelman. Nays-None. August 17, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With reference to at- tached petition of Leo Marihart et a] the Planning & Zoning Cmnmis lion viewed the site and decided that a Local Business Distt~ct at Sheridan and Groveland Streets in- cluding the two lots No, 1D6 and No. 107 iu Burden asd Lowther Ad• 4 286 _ldjourned Regular Session, September 3rd, Ig:}6 dition but somewhat larger, adding lots to the westward No. 108, No. 109 and No. 110 was in order. Therefore, the Plauuing aucl Zon- ing Concntissimt respectfully recmu- mends to your honorable body the creation of a Local Business Dis- trict at the corner of Sheridan and Groveland Streets oracle up of lots No. 106, No. 107, No. 108, No. 109 and No. 110. Pours truly, The Dubuque Plauuing and Zoning Commission By Richard V. McKay Secretary Cowtcilman Murphy moved that the recommendation of the Plan- ning antl Zoning Commisiion be approved and the City Solicitor re- quested to prepare the proper pro- ceedings. Seconded by Councilman Van Duelman. Caa•ried by the fol- lowing vote: leas-Mayor Wharton, Cou~cil- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. August 19, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Centlmnen: The Planning and Zoning Commission respectfully recommends to your honorable body that all the ]and west of the old City Limits annexed by Reso- lution No. 35-4fi of City Council adopted April 15, 1946 be zoned to Two Family Residence classifica- tion with the stipulation that area requirements for two family homes be strictly enforced aitd that the Board of Adjustment may iu uo case in the future waive the 7000 square feet area requirements to applicants who may endeavor tc place a two fancily house on r single lot. The area included in the annexa• time is described as follows: Beginning' on the existing west corporation line of the City of Du- buque, Iowa in line with the north property line of Seminary Street exteuded to said cm•poratiou lice; thence westerly along the norther- ly line of Stout Road to the north- erly Line of the Asbury Road; thmtce north westerly along the northerly line of the Asbury Road to the westerly line of Avalon Street extended northerly across said road; thence southerly along the westerly side of Avalon Road to the southerly line of Hillcrest Road; thence easterly along the southerly line of Hillcrest Road to the west live of lot 1 of lot 2 of Mineral Lot 261; thence south along the west line of Lot 1 of Lot 2 of Mineral Lot 261 and Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lirtk's subdivision to the south line of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's Subdivision; thence easterly along the southerly lice of Lot 1 of Lot 2 of Lot 1 of Lot 1 of Link's subdivi- sion to the southerly line of the As- bury Road; thence southeasterly along the southerly line of the As• bury Road to the existing west corporation line of the City of Du- buque, Iowa, thence northerly along the said existing west cor• poration line to the point of begin- ning, all in Section 22, Township S9 North, Range 2 East of the 5th Principal Meridian, being in Du- buque Township, Dubuque County, Iowa, containing 59.6 acres more m' less. Yours truly, The Dubuque Planning'and Zoning Couunission By Richard V. R1cIfay Secretary Councilman Van Duelmau moved that the reconuueudation of the Planning and Zoning Commission be approved and the City Solicit-or requested to prepare the proper proceedings. Seconded by Cowrcil- ntan Moffatt. Carried by the fol- Iowing~ vote: Yeas-rlIayor Wharton, Council- men -4offatt, Murphy, Thmnpson, Van Duelman. Nays-None. August 1S, 194G To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: With reference to the petition of A. Y, McDonald Mfg. Co., asking for vacation of certain streets and alley in the neighborhood of their plant for expahsion pm'poses the Plauuing and Zoning Commission requests that your honorable body waive the statutory thirty day ]intit with- in which the Couunission is requir- ed to make a recommendation to Council before the Council may act i 1 I i ~ldjotu-ned Regular Session, Sept°mber 3rd, tc~.}6 a8j without such recommendation, in order to give the Planning and Zoning Commission more time to make a thorough study of the sit- uation. As you know, the Commission is about to engage expert advice to help solve among other matters the serious traffic problems facing the City, and mte of the first studies will be that of handling the traffic from the proposed industrialized City Island. Until such study is made it will be difficult to judge the effects of the changes proposed by A. ]. McDonald Mfg. Co. Such a study will probably take more than thirty days, for this reason and in view of the objections of other Property owners in that area, the Planning and Zoning Commis- sion recmuntencls that City Cowtcil take no action until a complete re- port may be prepared by the Plan- ning and Zoning' Commissimt. Respectfully submitted, The Dubuque Plauuing and Zouiug~ Commission By Richard V. McKay Secretary Councilman Thompson moved that the recommendation of the Planning and Zoning Coutmissiou be approved. Seconded by Council- man Moffatt. Carried by the Yolloty- iug vote: leas-Mayor Wharton, Council- men -'Ioffatt, 11~Ilu~phy, Tltompscu, Van Duelman. Nays-None. August 18. 1946 To the Honorable 3'Iayor and Gity Councih Dubuque, Iowa Gentlemen: Assumiug~ that U. S. Highways 61 and 151 are re-routed as proposed and ag'aim assuming that the removal of such traffic might threaten the survival of the nppm~ bridge operation, the Plmt- uiug and 'Loning~ Cmmntission be- lieves that it is it's duty to lay be- Yore City Council the apparent cou- sequeuces of such happenings from the general traffic standpoint, es- pecially in view of plans now un- der way to engage a City Plauper to investigate and recouuueud means to meet traffic conditions now and in the future. Preliminary plans for the devel- opment of City Island call for a major highway from Garfield Av- enue at Farley St. south along the west boundary of City Island and connecting with all open east-west highways from 11th to 16th Sts. inclusive. This Proposed highway would take considerable farm-to- market and tourist h'affic off the present north-south arteries. 11love- meuts to and from Dubuque Paclc- iug Ca. plant front South Western Wisconsin would never clutter up the present lanes if handled over a north bridge crossing, whereas, this same traffic over the Pow' mile longer south bridge route would add to the hazards while passing' through the main part of the City enroute to the Packing Co, plant. Until the proposed traffic studies progress sufficiently the Planning and Zoning Couunission believes it would he in the public interest Por City Council to w•g'e the Iowa State Higlnvay Department to de- fer at least temporarily the pro- posed changes in U. S. Higlnvay 61 and 7.51 routing. Respectfully submitted, The Dubuque Planning and Zoning Couunission By Richard V. i1IcI{aY, Secretary Conncihnan Murphy moved that the Gity Clerk be directed to for- ward acopy of the cmumunication to the Iowa State Higlnvay Cour- mission for their consideration. Seconded ly Councilman Moffatt. Carried by the following vote: Peas-Iayor 1Vhartou, Cmmcil- men illoffatt, 114nrphy, Thmupsou, Van Duelntan, Nays-Norte, Resolution No. 122-46 IVhereas, Baxter hlauufachu'ing Cmnpauy has filed with the City Council a Petition requesting con- sent to the removal of the loading' docle on the Jaclcson Street side oY the factory building located at 151 Ninth Street to be replaced with a concrete loading dock run- ning the full length of the build- ing 7 foet. wide, in accordance with plans attached thereto; And, Whereas, it appears that said loading dock is located on the street; And, whereas, the City Council has viewed the grounds and is of the opinion that the request should be granted, on condition that the southeasterly corner of the dock a88 adjourned Regular Session, September Ord, Iy~(> at Jacksmt and Ninth Street be romtded off so as to pretreat a sharp corner. Noty, Therefore Be It Resolved by the City Coun- cil of the City of Dubuque: Sec. 1. That Baxter Mamifactur- ig Company, its successors and as- signs be, and it is hereby granted the right and authority to place a new concrete loading dock on the Jackson Street side of the building located on the northeast corner of Jackson and i\'inth Street accord- iug~ to plans and specifications now on file in the office of the City Clerk, except that the southeaster- ly corner of the dock at Jackson and East Ninth Street be rounded off so as to prevent a sharp corner ai said point. Sec. 2. That such construction is to he done under the direction and supervision of the Building In- spector and City Manager, and un- der any miles and regulations they may prescribe, Sec. 3. That the right to place and maintain said new entrance shall he aubject to the continuous control of the City Council, reserv- ing the right to said City Council to impose restrictions and condi- tions upon the enjoyment thereof as may be reasonably necessary far the protection of the public inter- ests, inchtding the right to revoke and rescind the ga•ant hereby made, if at any time the public interests should so require. Sec. 4. As a fiu•ther considera- tion of the rights and privileges herein granted, said Baxter Mamt- Yacturing~ Company, its successors and assigns, assume any liabilty for damages to persons or property which may result from the con- struction and/or maintenance of said new loading dock and said Baxter Mauufachuing~ Company, its successors and assigns, at its own expense agrees to defend any and all claims m• actions which may be madeor brought against the City because of the construction and/or maintenance of such loading dock, and should the City be required to pay any sum as damages, said Bax- ter Manufacturing Company, its successors and assigns, agree to fully reimbin~se the City therefor and to hold said City harmless from any damages. Sec. 5. Should the rights and privileges herein granted be re• scinded or revoked, said Baxter Manufacturing' Company, its suc- cessm's 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 au- thm~ized and to restm•e the street iu as good condition as it was be- fore said construction, Sec. G. This Resolution shall be- come effective and the rights here- under shall accrue to Baxter Man- ufacturiug' Company, its successors and assigns, when the Resolution has been passed by the City Cotut- cil and accepted by said Baxter Manufacturing Company, which ac- ceptance shall be endorsed hereon. Passed, approved and adopted this 3rd day of September, 1946. ALBERT WHARTON, 114ayor FRANK VAN DUELNIAN. F. W. THO111PSON, GEO. R. NIURPHY, W. W. 11~IOFFATT, Attest: J. J. SHEA, City Clerk Acceptance of Resolution Na. 122-46 The Baxter Nlauufacturing Com- pany, having ful knowledge and understanding of all the terms and conditions of Resolution Na. 122-4G hereby accepts the same as adopt- ed and agrees to comply with all the terms and conditions thereof. Signed this 9th clay of September, 1946. BANTER MANUFACTURING CO. By Frank R. Beddow, Jr. Councilman Murphy moved the adoption of the resolution. Second- ed by Councihnau Vau Duehuan. Carried by the following vote; YeasNlayor Wharton, Couucil- uten Dloffatt, -lurphy, Thompson, Van Duelman. Nays-None. Resolution No. 123.46 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 per- mit to sell cigarettes and cigarette ~djounted Regular Session, September Ord, lgdb 289 papers within said City and the Manager is directed to issue such permit mt behalf of said City. Name Address Louis L'ournias and Rhea Bourn- ias, 2254 University Avenue, Harold Cosley and William W. Cosley, 1121 University Avenue. Martin Il'Ieyer and Vernon Nleyer, 530 East 22nd Street. Be It Further Resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of September, 1946. ALBERT IVHARTON, Mayor FRANK VAN DUELNAN, F. W. THOMPSON, GEO, R. MURPHY, IV. W. MOFFATT, Councihneu Attest: J. J. SHEA, City Clerk Councilman Vau Duelman moved the adoptimt of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Nlaym• Whartmt, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays \'one. Resolution No. 124.46 Whereas, applications for Beer Permits have been submitted to this Cotmcil for approval anti 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 the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address William Hochberger, 1701 Asbury Sheet. Harry V. Geode and Viola Geode, 1635 Central Avenue. George A. Nardiu and Bessie Nar- diu, 1255 Central Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Av- enue, Class "B" Permit for Private Club The Oasis Club, 993 Central Av- enue. Dubuque Lodge No. 355, Loyal Order of Moose, 1379 Central Av- enue. Class "C" Permit Teneubmu Super -Iarket, Inc.. G30 Locust Street, Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELNIAN, F. ~V. THOMPSON, GEO. R, NIURPHY, 1V. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resohttion, Sec- onded I>y Councilman Thompson. Carried by the following vote: Peas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duehuan. Nays-None. Resolution No. 125.46 IVhereas, heretofore applicatimts for Beer Permits were filed by the within named applicants 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 com- ply with the ordinances of this City and they have filed a proper band: Now, Therefore, 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 aBeer Permit. Class "B" Permit Name Address William Hochberger, 1701 Asbury Street. Harry V. Geode and Viola Geode, 1633 Central Avenue. George A, Nardiu and Bessie Nar• din, 1255 Central Avenue. Thomas F. N1cDonoug'h and Ruth McDonough, 1052 university Av- enue. Class "B" Permit for Private Club The Oasis Club, 998 Central Av- enue. Dubuque Lodge No, 355, Loyal Order of Nloose, 1379 Central Av emte. Class "C" Permit Teneubom Super Market, Inc., 630 Locust Street. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. ?90 ~ldjom-ued Regular Session, September ,~rd, tg~( Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, 14ayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R.:1IURPHY, W. SV. IlfOFFATT, Councihueu Attest: J. J. SHEA, City Clerk Councilman Van Duehuau moved the adoption of the resolution. Sea ouded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, -4ttrphy, Thompson, Van Duehuan. Nays-None. Resolution No. 126.46 Whereas, on the 3rd day of June, 194G, this Council passed a Resolu- tion authorizing the City Manager to acquire the Southerly 25 feet of Lot 30 of Ann O'Hare's Subdivision now desm°ibed as (1) for $1,OOD.00; Aud, Whereas, the said City 1lanag~er attempted to acquire said property for said suet but the own- er thereof refused to sell the prop- erty for $1,000.00 bttt offered to sell the same to the City for $1,250.00 and furnish a plat and certificate of title thereto; Aad, Whereas, it is necessary to secure said property for the widening of West Third Street from North Grandview Avenue to Algona Street; And, Whereas, $1,000.00 ryas ap- propriated for the purchase of said property and the same is insuffi- cient; $250.00 adidtional being re- quired. Now, Therefore: Be It Resolved by the City Cotut- ci1 of the City of Dubttque: That an additional $250.00 be, and the same is hereby appropriat- ed fm° the pm•pose of raising ing $1250.00 for the purpose of pur- chasing Lot Two (2) of the Sub- division of Lot Two (2) of the Suh- division of Lot Thirty (30) in O'Hare's Subdivision of the south part of Mineral Lot One Hundred Silty Uue (161) in the City of Du- buque, Iowa, according to the re- corded plats thereof; and the City llauag'er is hereby authorize[l to Pay Caroline W. Kearney $1,250.00 upon delivery to the City of Du- buque a Warranty Deed conveying the above described property, a plat thereof and a certificate front an Abstractor showing there the title thereto, no liens against said property and it is in the came of Caroline W. I{earuey. Passed, adapted and approved this 3rd day of September, 1946, ALBERT WHARTON, Mayor FRANK VAN DUELMAN, P. GV. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen Attest J. J. SHEA, City Clerk Councilman Thompson moved the adoption of the resolution. Sec- muled by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Wharton, Council- men -4offatt, Murphy, Thompson, Vau Duelman. Nays-Noce. Resolution No. 127-46 Be It Resoh~ed by the City Coun• cil of the City of Dubuque: That the proposed plans and specifications fm' dte reconstruc- tion of the sidewalk abutting' the north side of the building located ou the North G9 feet 3 incites of Lot r3 in the Original Town of Du- buque, said property being orvued by CS'illiam F. Cooper and Kathryn J. Cooper be, and the same are hereby approved and ordered filed in the office of the City Clerk. Passed, adopted and approved this 3rd day of September, 1946. ALBERT WHARTON, Mayor FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R, MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Murphy moved the adoption of the resolution. Second- ed by Ceuncihuau Van Duelman. Carried by the following vote: Yeas--Iayor Wharton, Council- men Moffatt, Murphy, Thomposn, Van Duelman, Nays-None. :~djotuned Regular Session, September Ord, tp~f 2~1 Resolution No. 128-46 Whereas, Ordinance No. 194 passed and adopted Dlay 2, 1923 provides: "That the City Council may order by the adoption of a Resolution the construction, reconstruction and repair of permanent side- walks upon any street, highway, avenue, public ground, wharf or landiug~. jVheu sidewalks are ordered constructed, reconstruct- ed or repaired a contract thm-e- fm•e shalt be entered into by the City and the work shall be done according to general plans and specifications prepared therefor. After the contract has been com- pleted the cost shall be assessed to the lots or parcels of real estate before which such side- walks have been constructed, re- constructed or repaired and shall be collected as a special tax in the mamter provided by law." Aud, Whereas, it is deemed nec- essary and advisable by the City Council of the City of Dubuque that a permanent sidewalk be re- constructed adjoining and abutting' the North side of the building lo- cated on the North 64 feet 3 inches of Lot i3 iu the Original Town of Dubuque, being on the Southwest corner of Third and Nlain Streets, and general plans and specifica- tions therefor have been duly pre- pared by the City Engineer and aPPr'oved by the Gity Council, the cost and elpeuse thereof to be assessed against the real estate hereinbefm•e described as Pt'ovided by law. Now, Therefore: Be It P~esolved by the City Coun- cil of the City of Dubuque: That a Permanent sidewalk be, and the same is hereby m-dered re- constrttcted, constructed, laid and put in place accm'ding' to g'euera] plans and specificatimts heretofore prepared therefor ou the North or Third Sireet side of the building located ou the Nm•th 64 feet 3 inches of Lot 73 in the Original Town of Dubuque, being the South- west Corner of Third and Main Streets in the City of Dubuque. The owners thereof are William F. Cooper and I{athryn J. Cooper. Be it fiu~ther Resolved that No- tice be served on the above named property owners advising them of the adoption of this Resolution, and attaching to said Notice a copy hereof and giving them ten days from the date of service of such notice in which to cmtstrnet said sidewalk themselves, in the event they desire so to do. Be it further Resolved that in the event of the failure of the property owners to reconstruct said side- wallt within the time above pro• vided, that the City Clerk be, and he is hereby directed to publish a Notiee of the intention of the Coun- cil to reconstruct (construct) said sidewalk in the official newspaper of the City of Dubuque, stating therein the descriptimt of the par- cel of real estate before which the same is to be reconstructed, the names of the owners and the width of the sidewallt. Be it further Resolved that said City Clerk be, and he is hereby di- rected to advertise for bids for the reconstruction (construction) of said sidewalk, notice thereof to be given by two publications in the official newspaper oY the City of Dubuque, the first of which shall be not less thou 15 days before the date of receiving bids, which no- tice shall state the location of the proposed sidewalk, when the work shall be done, the terms of Pay- ment, the time when bids will be acted upon and refer the contrac- tor to plans and specifications as to the manner of construction and material, to be used. Be it further Resolved that said sidewalk shall be fully completed ou or before the 15th clay of No- vember, 194G, Be it further Resolved that upon the completion of said sidewallt the cast thereof shall be assessed aaainst the parcel of real estate almtg which said sidewalk is laid and the contractor shall be paid in cash in form and manner provided by law and Ordinances of the City of Dubuque. Be it further Resolved that a contract will be awarded to the lowest bidder reserving', however, to the City Council the right to re- ject any and all bids and readver- tise for bids if necessary. 2C~z _ldjourned Kegular Session, September 3rd, tq~6 ~ adjourned Regular Session, Sept°uther 3rd, tpd(i ~~~ Passed, adopted and approved this 3rd day of September, 1946, ALBERT WHARTON, 114ayor FRANK VAN DU)+LMAN, F. IV. THOMPSON, GEO. R. 114URPHT, I~~'. W. lIOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman -Im•phy. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thonrpsou, Van Duelman. Nays-Noce. Resolution No. 129.46 Be It resolved by the City Coun- cil of the City of Dubuque: That the proposed plans and specifications for the recoustruc- tiou of the sidewalk abutting the west side of the West 170 feet of Lot 231 of Davis Farm Addition to the City of Dubuque, said property being owned by Agatha Mihm be, atul the same are hereby approved anti ordered filed in the office of the City Clerk. Passed, adopted anti approved this 3rd day of September, 1916. ALBERT WHARTON, 1layor FRANK VAN DUELMAN, F. W, THOMPSON, GEO. R. 1IURPHT, W. 4V. tl'IOFFATT, Councilmen P.ttest: J. J. SHEA, City Clerk Councilman I<Iurphy morred the adoption of the resolution, Seeond- ed by Councihman Moffatt. Carried by the follawing~ vote: Teas-:Mayor I~'harton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Resolution Na. 130-46 IT'hereas, Ordinance No. 194 passed and adopted Nlay 2, 1928 provides: "That the City Council may order by the adoption of a Resolution the conshvction, reconstruction and repair of permanent side- walks upon any street, highway, avenue, public ground, wharf or landing. When sidewalks are or- tiered constructed, reconstructed or repaired a contract therefore shall be entered into by the City and the wm-k shall be done ac- cording~ to general plans and specifications prepared therefor. After the contract has been com- pleted the cost shall be assessed to the lots or parcels of real es- tate before which such sidewalks have been constructed, recmt- strueted or repaired and shall be collected as a special tai iu the manner provided by law." And, Whereas, it is deemed neces- sary and advisable by the City Council of the City of Dubuque that a permanent sidewalk be recmt- siructed adjoining and abutting the west side of the West 170 feet of Lot 284 of Davis Farm Addition to the City of Dubuque, and general plans and specifications therefor have been duly prepared by the City Engineer and approved by the City Council, the cost and expense there- of to be assessed against the real estate hereinbefm-e described as provided by law. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque: That a perntauent sidewalk be, and the same is hereby ordered re- constructed, constructed, laid anti put in place according to general plans anti specifications heretofore prepared therefor ou the West m• Central Avenue side of the West 170 feet of Lot 2S4 of Davis Farm Addition to the City of Dubuque. The owner thereof is Agatha 14lihnt, 1534 IVoodlaud Avenue, Apartment 6, Des Moines, Iowa. Be It Further Resolved that No- tice he served ou the above named property owner advising her of the adoption of this Resolution, anti attachlrg to said Notice a copy hereof and g'iving' her ten days fi-om the date of service of such notice in \5'lilCh to construct said sidewak: herself, in the event she desires so to do. Be It Further Resolved that iu the event of the faihu•e of the property owner to reconstruct said sidewalk within the time above Provided, that the City Clerk be, and he is hereby directed to pub- lish aNotice of the intention of the Council to reconstruct (construct) said sidewalk in the official news- paper of the City of Dnbuque, stat- ing therein the description of the parcel of real estate before which the same is to be reconstructed, the name of the owner and the width of the sidewalk. Be It Fwther Resolved that said City Clerk be, and he is hereby di- rected to advertise for bids for the recmtstructio^ (construction) of said sidewalk, notice thereof to be given by two publications iu the official newspaper of the City of Dubuque, the first of which shall be not less than 15 days befm•e the date of receiving bids, which notice shall state the location of the pro- posed sidewalk, when the work shall be done, the terms of payment, the time when bids will be acted upmr and refer the contractor to plans and specifications as to the manner of construction and mater- ials to be used. Be It Further Resolved that said sidewalk shall be frilly completed mt or before the 15th day of Novem- ber, 1946. Be It Further Resolved that upon the cmupletimi of said sidewallt the cost thereof shall he assessed against the parcel of real estate along which said sidewalk is laid anti the contractor shall be paid in cash in Yorm anti manner provided by law and ordinances of the City of Dubuque. Be It Further Resolved that a cmttract will be awarded to the lowest bidder, reserving, however, to the City Council the right to re- ject anv and all bids and readver- tfse for bids if necessary. Passed, adopted and approved this 3rd day of September, 1946. ALBERT IVHARTON, Mayor FRANK VAN DUELiIfAN, F. W THOMPSON, GEO. R. MURPHY. IV. IV, lIOFFATT, GOURCIImell Attest: J, J. SHEA, City Clerk Councilman Van Duelman moved the adcption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays--None. Preliminary Approval of Plans etc. Resolution No. 131-46 Be It Resolved by the City Coun- cil of the City of Dnbuque, Iowa. that the proposed plans, specifica- tions, form of cmttract and all oth- er documents for the canstructimt of the Paufman Avenue Sanitary Trunk Sewer frmn the present man- hole at the south property line of 1Gth Street and White Street to the intersection of 22nd Street anti White Street, thence westerly along I~aufinau Avenue to the old City Water Works, thence south- erly in the valley west of Clarke College to the north property line of Lot i2 of Finley's addition, thence south along a line five feet east of the west propm•ty line of Lot 72 of Finley's Addition to the center line oY the alley north oY Hazel Street, thence west to the intersection of said alley and St. Ambrose Street, thence south to the intersection of St Ambrose Street and Haze] Street, thence west to a point fifteen feet east of the. old em•Poration line, thence south to the intersection of Semin- ary Street, thence westerly along Stout Road and Asbury Road to a manhole at the intersection of Asbury Road and Hillcrest Road, are hereby approved and ordered placed on file iu the office of the City Clerk for public inspection, presented and read. Councilman 114offatt moved the adoptimt of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Peas-1~Iayor Whartmt, Council- men Moffatt, Murphy, Thompson, Vau Dttelumut. Nays \mte. (NECESSITY for I1IIPROFE-IENT) Resolution No. 133.46 4~'hereas, proposed plans, speci- fications, form of contract, plat and schedule have been duly prepared and approtred by the City Council of the City of Dubuque and are now ou file iu the office of the City Clerk showing among other things the following: L The boundaries of the district, if any, 2. The sine and kind of sewers, 3. An estimate of the cost of the Proposed improvement, stating the same for each different type of zy.} _ldjourned Regular Session, September 3rd, lpd6 construction and hind of material to be used for the construction of the Kaufmann Avenue Sanitary Trunk Sewer firom the present man- hole at the south property line of 16th Street and White Street to the. intersection of 22nd Sreet and ~';%hite Street, thence westerly along Kaufmann Avenue to the old City ~5%ater l~'arks, thence souther- ly in the valley west of CLarke,Col- lege to the north property line of Lot "r2 of Finley's Addition, thence south along a line five feet east of the west property line of Lot 72 of Finley's Adidtimr to the center of the alley north of Hazel Street, thence west to the intersection of said alley and st. Ambrose Street, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpora- tion line, thence south to the inter- section of Seminary Street, thence westerly along Stout Road and As- bury Road to a manhole at the in- tersection of Asbury Road and Hi11- crest Road. Estimated cost $99,- 790.55 Be It Therefore resolved that the City Couuci] on its awn motion, deems it advisable and necessary fm' the public welfare to make tle herein mentioned intproveutent, and unless property owners at the time of the final consideration of this proposed resolution have on file with the City Clerk objections to the amount of the proposed esti- mate, they shall be deemed to have waived all objections thereto. Said improvement shall be con- structed and done in accordance with the plans and specifications which have been prepared therefor by the City Eng~iueer which have been approved by the City Couu- ci1 and are now on file with the City Clerh. That the cost and ex- pense of staking said improvement will be paid out of the genera] fund, improvement foods or sewer funds, or partly out of each of such fends. Bonds shall be issued and sold when a contract has been perform- ed and accepted and the proceeds thereof used to pay the contractor. The above resolution was intro- duced, approved and m~dered plac- ed ou file with the City Clerlt this 3rd day of September, 1946. ALBERT ~~VHARTON, 1Yfayor FRAM{ VAN DUEL-IAN, F. W. THOMPSON, GEO. R. MURPHY, W. ~V. 11IOFFATT, Councilmen Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved that the resolution be approved and m~dered placed on file with the City Clerl. for final action, Second• ed by Councilman Thompsmt. Car- ried by the following vote: Yeas-IVlayor 1Vharton, Couuci]- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. (FIYING DATE OF HEARING) Resolution Na, 133-46 Whereas, the City Couuci] of the City of Dubuque, Iowa, has by Reso- lution No. 131.96 given its prelim- inary approval on the proposed plans, specifications and form of contract and placed same mr file in the office of the City Clerlt for public inspection, for the construc- tion of the Kaufmann Avenue Sani- tary Trunk Sewer from the present manhole at the south property line of 16th Street and White Street to the intersection of 22nd Street and ~~Vhite Street, thence westerly almrg~ Kanfnraun Avenue to the old City Water ~i%orlts, thence southerly in the valley west of Clarke College to the north property line of Lot 72 of Finley's Addition, thence south along a line five feet east of the west property line of Lot "r2 of Finley's Additimr to the center of the alley north of Hazel Street, thence west to the intersection of said alley and St. Ambrose Sheet, thence south to the intersection of St. Ambrose Street and Hazel Street, thence west to a point fif- teen feet east of the old corpm~a- timr lice, thence south to the inter- section of Seminary Street, thence westerly along Stout Road and As- bury Roaci to a nrauhole at the intersection of Asbury Road and Hillcrest Road. Estimated cost $99,- 740.55. Whereas, the proposed Resoht- tiou of Necessity for said improve- ~djounted Regular Session, September 3rd, 1986 29; went has been introduced and is now on file in the City Clerk's of- fice for public inspection, Be It Therefore Resolved that on the 7th day of October 1946, a public hearing' will be held at 7:30 o'clock p,nt, in the Council Cham- ber in the City of Dubuque at which time the owners of property may appear and make objection to the proposed plans and specifica- tions and proposed fm~m of con- tract and at the same time to the botuidaries of the Proposed district, to the cost of the improvement, and to the passage of the proposed Resolution of Necessity and the City Clerk be and he is hereby di- rected to cause a notice of the time and Place of such hearing' to be published in some newspaper pu~- lished in the City of Dubuque, the last of which shall he not less than two (2) nm~ more than four (4) weeks Drior to the clay fixed for its consideration and unless prop- erty owners at the time of final consideration of said resolution have on file with the Clerk objec- tions to the amount of the proposed estimate they shall have been deem- ed to have waived all objections thereto, at which hearing the Coun- cil will hear such objections and enter an recm-d its final decision thereon. Passed, adopted and approved this 3rd day of September, 1996. ALBERT WHARTON, -Iayor FRANh VAN DUELMAN, F. W. THO-IPSON, GEO. R, 14URPHY ~~'. W. 1IOFFATT, Councilmen Attest: J. J, SHEA, City Clerk men Moffatt, -4m~phy, Thompson, Van Duelnan. Nays-None. Approved.., ........._ .................. 1947 Adopted ............................._....._ 1947 Councilmen; .................................... I Ott0st : ..................,...............,.......,.... City Clerk. Councilman Van Duelman proved the adoption of the resolution. Sec- onded b,V Councilman Murphy. Car- ried by the following vote: Yeas-114ayor Whartmr, Council- men rl4offatt, Murphy, Thompson, Van Duelman. Nays-Nmre. There being uo fnrtler business Councilman Murphy moved to ad- journ. Seconded by Couucihnan Thonrpsou. Carried by the follow- ing' vote: Yeas-Mayor ~Vhartou, Couucil-