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1948 May Council ProceedingsRegular Session, May 3rd, 1948 163 the purpose of exacting fines for C i j ~ ~ 0 ~ ~ w' ! minor traffic violations is law en- L 4 f forcemeat, and the general wel- fare and not to increase City reve- (Official) Regular Session, May 3rd, 1948. Council met at 7:30 P.M. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. City Manager Rhomberg. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council far the purpose of acting upon such business as may properly come before the meeting. Councilman Moffatt moved that the rules be suspended for the purpose of allowing any one pres• eat in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Mr. Eugene Wright, Attorney, representing the Retail Merchants Bureau presented and read a prepared address in regard to the parking situation in the City of Dubuque, Iowa, and submitted for consideration and discussion the Retail Merchants Parking Plan Yor the City of Dubuque, Ia. The en- tire set of recommendatons offered by the Retail Merchants Bureau Parking Plan was read in full and an open discussion was held as each recommendation was taken up step by step. RETAIL MERCHANTS BUREAU PARKING PLAN FOR THE CITY OF DUBUQUE IOWA 1. The City Administration should take immediate and effec- tive action to secure: (a) The extension of 100 per cent courtesy by the Police Department of the City of Dubuque to the viola- tors of MINOR traffic, parking and other regulations pertaining to the operation of automobiles. (b) The endoctrination of all City officials charged with the re- sponsibility of law enforcement with the fundamental notion that nue. (c) The discontinuance of so- called "wholesale arrest drives," such as have been conducted in the past regarding the improper dis- play of license plates. 2. While the occasions are limit- ed, one of the more aggravating complaints has been caused by the practice of the Police Department in its insistence on issuing a ticket for over parking even though its representative may discover such violation at the time when the driv- er is about to remove his car, or is in the act of placing additional funds in the parking meter. We recommend that in cases of this kind such violators be allowed to remove their car or purchase ad- ditional meter time, so long as the traffic officer has not filled out a ticket. 3. It is our understanding that 50 per cent of the proceeds from the parking meters is now being used to pay the meter company for the purchase price of the meters. A portion of the other 50 per cent of the proceeds from the parking meters is being used to take care of the expenses of operation and maintenance of the parking meters and the residue is being placed in the parking meter fund. It is es- timated that the parking meters will be paid for in two years. We believe that the City administra- tion should definitely and officially pledge the monies in the parking meter fund for the sole purpose of acquiring and improving off-street parking lots, thus affording more economical and long time parking, the final goal being free parking areas. Sections 13 and 14 of City Ordinance 7-1947 are in conflict as to the distribution of funds re- ceived from the operation of the parking meters. Section 13 allocates such funds to the Consolidated Fund; Section 14 allocates such funds to the Parking Meter Fund. We suggest that both Sections 13 and 14 be repealed and that all net receipts from the parking meters be ear-marked for parking lots. 4.'Relative to the assessment of fines for violations of parking regu- 16~ Regular Session, May 3rd, lqq$ lotions we recommend that the City Council adopt a new ordinance embodying in substance the follow- ing; (a) Drivers of vehicles guilty oP less than four offenses of aver-parking for less than six- ty minutes should be issued a ticket requiring them to report to the Police Headquarters at their convenience but within 24 hours, at which time they be permitted, in lieu of fine, to place a ten cent deposit in a parking meter to be installed at Police Headquarters. (b) Drivers of vehicles guilty oY over-parking less than sixty minutes after three occasions and drivers of vehicles guilty of over-parking over sixty minutes shall be issued a tick- et requiring them to appear at Police Headquarters at their convenience but within 24 hours, at which time they be permitted, in lieu of fine, to place a one dollar ($1.00) deposit in the parking meter to be installed at Police Head- quarters. 5. The City Council should imme- diately proceed under authority of Chapter 390 of the 1946 Code of Iowa as revised by the Acts of tho 52nd General Assembly as follows: The City should acquire throe parcels of real estate in the fol- lowing locations, each of which should be of such a size as will accommodate as many cars as possible on single level parking: 1. Northwest corner of Fifth and Bluff Streets (approximate- ly 44,000 sq, ftJ 2. The area lying north of Eighth Avenue and extending north- ward to the proposed Robinson Street improvement and bounded on the East by the Telegraph- Herald property and on the West by University Avenue as now ex• fisting or as may be relocated. (Ap• proximately 36,000 sq, ft.) 3. One of the two following areas: a. The entire half block on White Street, between Eight and Ninth Streets, lying West of White Street. (Approximately 25,600 sq. ft.) b. The entire half block on Iowa Street between Ninth & Tenth Streets, lying East oP Iowa Street. (Approximately 25,600 sq, ft.) It is proposed that as quickly as practicable and in no event to ex• teed twelve months all buildings on these sites shall be removed and the property prepared Yor sin- gle level parking, improvements to be made in a manner which will lend itself to a future plan for double or three tier parking. Funds for this project can be made available from a revenue bond issue permitted by Chapter 390 of the 1946 Code of Iowa as re- vised by the Acts of the 52nd General Assembly. Such bonds shall be retired from funds re• ceived from: (a The net revenue from park- ing meters. (b The net revenue received Prom such parking lots. (c Tax levy not exceeding one• half (1.2) mill per annum against all privately owned business, pro- fessional, commercial and industri• al property within a so-called "benefited district" to be deter- mined by City ordinance. (This tax method of paying off the bond is• sue need only be used if the net revenue from the parking meters and the parking lots is insufficient. The Code of Iowa exempts from this tax levy property within the "benefited district" which is used "solely and only for private family residential puposes.") It is the opinion of the Com- mittee that these revenue bonds should be retired within ten years at which time a similar bond issue might be made for whatever im- provement or additional parking facilities may at such time be deemed necessary. 6. When Dubuque's local parking needs have been satisfied and the coat of these projects completely amortized the same or other off- street equal facilities should be made available for free parking. 7. We recommena an immediate survey of parking in unrestricted business districts because of hard- ships caused by all-day parking in such areas. Respectfully submitted. SPECIAL PARKING COMMITTEE RETAIL MERCHANTS BUREAU By; Thomas M. Stampfer, Chairman ~I ^P ~I 1 1 ~. Regular Session, May 3rd, 1q~8 165 Oscar J. Curley C. F. Hartman Edward F. Graham Councilman Murphy moved that an Ordinance be prepared amend- ing Ordinance No. 7.47 by repeal- ing Sections 13 and 14 and sub- stituting therefor provisions for placing the parking meter collec- tions in the parking fund and that the balance remaining therein af• ter payments for the meters, their operation and maintenance be ear- marked for parking lots. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Wharton moved that a policy be adopted allowing vio- lators of overparking of less than 60 minutes to deposit 10 cents in a parking meter at police headquar- ters providing this to be done with- in twe hours after the time indicat- ed on the officer's report of the violation. Seconded by Council• man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Mr. Herman Lott, Chairman of the Retail Merchants Bureau, ad• dressed the Council thanking the Council for their business-like action in dealing with the Retail Merchants Bureau Parking Plan. Mr. Roland White and Mrs. Lena Pier Millin addressed the Council in regard to the acquiring of park- ing lots and suggesting to the City Council that consideration be given to the areas where no homes are situated so as not to cause the dis- possessing of people and also add to the acute housing shortage. Communication of Pyke John- son, President, Automotive Satety Foundation, extending heartiest congratulations upon the honor your outstanding record has won for the City of Dubuque in the 1947 National Safety Contest, pre- sented and read. Councilman Thompson moved that the com- munication be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Councilman Moffatt moved that proceedings be prepared for a pub• lit hearing on the subject of acquir• ing the area comprising the land fronting on Bluff Street between West 5th Street and the Home of the Angels and also the area com- prising the entire half block lying between Iowa Street and the alley first east from West 9th Street to West 10th Street for parking lot purposes. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, C o u n c i l m e m Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that an immediate survey be made of parking in unrestricted business districts because of hardships caused by all•day parking in such areas. Seconded by Councilman Communication of Lange's In• surance Agency in regard to the Excavation Bond of Leonard Valen- tine and stating that he no longer needs this bond and asking that said bond be released as of the date of May 21st, 1948, presented and read. Councilman Thompson moved that the request be granted and the Lauge's Insurance Agency be notified of the action taken by the City Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Lange's Insur- ance Agency in regard to the Blasi• ing Bond of the Linwood Cemetery Association and stating that they no longer need this bond and asking that the bond be released as of 166 Regular Session, May 3rd, 1948 the date of May 10, 1948, presented and read. Councilman Moffatt moved that the request be granted and the Lange's Insurance Agen- cy to be notified of the action taken by the City Council. Sec- onded by Councilman Thompson, Carried by the following vote: Yeas~M a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of the New York Casualty Company enclosing Revo- cation of Power of Attorney for C, H, Sanner and M. P. Hogan, each as Attorney in Fact, and that in lieu of the above that they are enclosing for filing Power of At- torney, authorizing the execution of certain bonds and undertakings on behalf of the Company when signed by M. P. Hogan, as Attorney in Fact, presented and read. Coun- cilman Murphy moved that the communication be received and the Power of Attorney for M. P, Hogan be placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of the New York Casualty Company enclosing for fil• ing the Power of Attorney authoriz- ing the execution of certain bonds and undertakings on behalf of the Company when signed by C. H. Sanner, as Attorney in Fact, pre- sented and read. Councilman Mof- fatt moved that the communication be received and the Power of At- torney for C. H. Sanner be placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of the Interstate Power Company regarding the let- ter and petition received from stud- ents and employees of Wartburg Seminary for a change in the Mt. Carmel, Fremont Bus Route, and stating that in view of the total number of patrons served by this line and the improved service on this route, over that formerly given, that the Company does not think it advisable to attempt to re- vise this service at the present time, presented and read. Council- man Murphy moved that the com• munication be referred to the City Council for study, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of the Mettel Realty & Investment Co. asking that the City Engineer be authrized to in- vestigate the possibility of con- necting .Lots 386 through 392 Ham's Addition with the sewer sys- tem and will appreciate your ad- vices, presented and read. Councilman Murphy moved that the petition be referred to the City Manager for investigation and report. Seconded by Councilman Moffatt. Carried by thee following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of the League of Women Voters of Dubuque County, by Mrs. Harry Slichter, President, asking permission to use sandwich boards on the streets of Dubuque as a con- spicuous method of calling atten- tion to the final date of registra- tion for the June Primaries, pre- sented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vets: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Farley & Loetscher Mfg. Co. requesting permission to construct and 8' wide loading dock on the East Sixth Street end of their building, extending the full 100 feet East and West length of it, plus an additional 8' length from the East face of the building to the East face of the present loading dock, to be used for loading and unloading of trucks, also asking { fS ~; 1 1 +i 1' ;' ~I Regular Session, May 3rd, 1948 167 permission to erect a canopy 108' long over this dock, projecting out 12' from the South (East Sixth Street) face oY the building, and membering with the present cano- py on the East (Jackson Street) side of this building, presented and read. Councilman Wharton moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of C. J. Oliver et al re• questing that Valley Street from Mt. Loretta to Southern Avenue be resurfaced with crushed stone and ailed, also that the catch basins be opened up to take water more promptly into the storm sew- ers and also that a street light be installed at Aapin and Valley Streets so that pedestrians can walk more safely as there is no sidewalk from Riker Street to Southern Avenue, presented and read. Councilman Thompson moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy. Thompson, Wharton. Nays-None. Petition of the Highland Realty Company requesting the issuance of a building permit for the erect lion of one Lustron manufactured steel home in the City of Dubuque limits, also a communication from Building Commissioner Bandy rec- ommending that permission be granted to the Highland Realty Company for the erection of one Lustron manufactured steel home, presented and read. Councilman NIm•phy moved that the petition of the Highland Realty Company be received and filed and the recom- mendation of the Building Com- missioner be approved for the is- suance of ore permit. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Theodore R. Ellsworth, Commanding Officer 1st Battalion, 133rd Infantry Regiment 34th Division, Iowa National Guard, expressing sincere appreciation and thanks on behalf of the 34th Division, Iowa National Guard, and especially the Guardsmen of Dubuque in regard to the City Council's recent efforts and 100 per cent co-operation toward their new armory, presented and read. Coun- cilman Murphy moved that the communication be received and placed on file. Seconded by Coun- cilman Moffatt. Carried by the fol- following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Thos. E. Byrne re- questing permission to construct a new sanitary sewer in Bonson Street from the present sewer on Hill Street to McClain Street, said sewer to be constructed in accord- ance with city specifications, rules and stipulations of the City of Dubuque, presented and read. Councilman Wharton moved that the petition be referred to the City Manager to prepare proper proceed- ings. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Jahn A. Henschel et al, owners of property abutting on Dillon Street, requesting that a schedule be prepared for the im- provement of this street and also for the construction of a sanitary sewer in this street, presented and read. Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. Petition of Jas. F. Lee et al re- questing the employment of, and an immediate audit and report of the public finance by a Bonded Certified Public Accountant, of our joint selection, as provided for and according t.o the provisions of Chap• ter No. II, Paragraphs 11.11 to II. 168 Regular Session, May 3rd, 1948 20 of the 1946 Code of Iowa and further requesting the publication as provided of said audit and re- port in the official daily news- paper, presented and read..Coun- cilman Wharton moved that the petition be referred to the Council for consideration. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. 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 during the month of March, 1948, presented and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Council Proceedings for the month of December, 1947, present- ed for approval. Councilman Mur- phy moved that the Council Pro- ceedings for the month of Decem- ber, 1947, be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. April 30, 1948 To the Honorable Mayor sad Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provi- sions of the Code of Iowa, 1946, the Civil Service Commission con- ducted an entrance examination on April 16, 1948, for those seeking positions on the eligible list for ap• pointment on the Fire Department. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointmehts as members of the Fire Department. NAME AND AVERAGE Eldon C. Weiss, 92.75 per cent William C. Toner, 91.00 per cent Donald F. Brus, 90.00 per cent Raymond A. Kenneally, 90.00 per cent Ivan S. Dow, 85.25 per cent Donald H. Gerken, 77.00 per cent William R. Purcell, 75.50 per cent Robert C. Livermore, 73.25 per cent Robert C. Boland, 72.50 per cent Respectfully submitted, C. S. HARKER Chairman. R. M. BENN E. B. LYONS Commissioners Attest: J. J. SHEA City Clerk. Subscribed and sworn to before me, a Notary Public this 30th day of April, 1948. GERALDINE L. DEMKIER Notary Public Councilman Murphy moved that the report be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. April 30, 1948. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa Gentlemen: In accordance with the provisions of the Code of Iowa, 1946, The Civil Service Commission conducted an entrance examination on April 16, 1948, for those seeking positions on the eligible list for appointment on the Police Department. The following are the names of those who passed the mental and physical examinations and their names are hereby certified for ap- pointments as members of the Police Department, NAME AND AVERAGE Marcellus J. Kuhle, 91.00 per cent Lawrence C. Derreberry, 89.00 per cent William L. Herber, 87.25 per cent Regular Session, May 3rd, 1948 169 Ralph N. Clemen, 76.50 per cent Respectfully submitted, C. S. HARKER Chairman R. M. BENN E. B. LYONS Commissioners Attest: J. J. Shea City Clerk Subscribed and sworn to before me, a Notary Public this 30th day oP April, 1948. GERALD~NE L. DEMKIER Notary Public. Councilman Moffatt moved that the report be received and made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following bonds and de- sire to have your approval on same for filing: PERSONAL Leo J. Clemens, Park Commis- sioner, U. S. Fidelity & Guaranty Co., No. 28210.07-191-48. EXCAVATION H.C. Arnold and Keith S. Jaquette, Western Surety Co. M. L. Caber Construction Co., U. S. Fidelity & Guaranty Co. Respectfully submitted, A. A, RHOMBERG, City Manager Councilman Moffatt moved that the bonds be approved and placed on file. Seconded by Councilman Thompson. Carried by the follow• ing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None May 3, 1948. To the Honorable Mayor Dubuque, Iowa. `f Pursuant to your instructions we ~° negotiated with the owners Por the I' purchase of City Lota 206, 207 and 208 for parking lot purposes. The Salvation Army representatives in- dicated awillingness to sell the Northerly 25'7" of City Lot 206 for $10,000.00, which is $2,500.00 above the Real Estate Board ap- praisal. Mr. Thomas M. Stampfer stated that he did not wish to sell the Southerly 25'7" of City Lot 206 and City Lots 207 and 208 and fur- ther that the appraised price of $25,000.00 on this property was too low. Respectfully submitted, A. A. RHOMBERG. City Manager. JOHN J. KINTZINGER City Solicitor. Councilman Wharton moved that the communication of City Manager Rhomberg and City Solicitor Kint- ainger be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murpliy, Thompson, Wharton. Nays -None. May 3, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: On February 23, 1948 the Coun- cil adopted Resolution No. 39.48 approving the subdivision plat of "Glenview" and prescribing the conditions for its acceptance. Since then the developer, Du- buque Homes, Inc., has requested that the amount of storm sewer previously estimated be reduced and a flowage easement be grant- ed to the city over Lot 7 of Glen- view. I recommend that the attached resolution be adopted. This repeals Resolution No. 39-48 and provides for a shorter length of storm sew- ers and the condition that the city be granted the right to discharge the drains through Lot 7. I recommend that the attached resolution be adopted. This repeals Resolution No. 39.48 and provides a flowage easement be granted to the city over Lot 7 of Glenview. Fince then the developer Dubuque 17o Regular Session, May 3rd, 1948 Homes, Inc., has requested that the amount of storm sewer pre- viously estimated be reduced and for a shorter length of storm sew- ers and the condition that the city be granted the right to discharge the drains through Lot 7. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 80--48 WHEREAS, a plat has been filed by Earl L. Falk, Genevieve Z. Falk and Dubuque Homes, Inc., in which Lot 4 oP Mineral Lot 3, Lot 1 of 2 of Mineral Lot 4 and Lot 2 of Min- eral Lot 5 in the City of Dubuque, Iowa, are platted as Glenview, a sub-division in the City of Dubuque, Iowa; and WHEREAS, said plat has been duly examined, investigated and ap- proved by the Planning and Zoning Commission of the City of Dubuque; and WHEREAS, upon said plat are streets designated as "Blackhawk Drive" and "Fox Drive"; and WHEREAS, the owners have up- on said plat dedicated said streets to the public; and WHEREAS, the City Council has examined said plat and has been fully advised in the matter, finds that said plat conforms to the City Ordinances relating thereto; and WHEREAS, THE City Council furthet• finds that the dedication of "Blackhawk Drive" and "Fax Drive" should be accepted and con- firmed and that said plat should be accepted; and WHEREAS, Blackhawk Drive and Fox Drive are new streets un- improved and this Council is of the opinion that said streets should be improved by grading, by placing 24" x 6" combination curb r•od gutters 26' apart, by surfacing with a 6" macadam base with asphalt wearing surface and by construo- lion of storm water sewers and catch basins; and WHEREAS, the Engineer's esti- mate of the cost for said improve- ment is as follows: Excavation, 000. c. y. at $0.75, $450.00; Curved Curb and Gutter, 1,502 1, f. at 2.50, $3,755.00; Straight Curb and Gutter, 594 1, f. at 2.00, $1,188.00; Crushed Stone, 486 c, y, at 3.00, $1,458.00; Asphalt Primer and Seal, 2,800 gal, at 0.15, $420,00; Stone Chips, 50 c. y. at 3.00 $150.00; 15" R.C.P. Storm Sewer, 175 1 f. at 4.00, $700.00; 12" R.C.P. Storm Sewer, 260 ]. f, at 3.50, $910.00; Rein. Conc. Catch Basins, 3 at 250.00, $750.00; Rein. Conc, Spillway, 1 at 250.00, $250.00. Estimated Total Cost....$10,031.00 and; WHEREAS, it is the opinion of this Council that said improvements should be made on or before July 1, 1949; that the plat filed herein be approved upon Dubuque Homes, Inc. filing with the City Clerk a Surety Band in the sum of $10,031.00 acceptable to the City Council, said bond to insure the completion of the improvements on Blackhawk and Fox Drives on or before July 1, 1949, and said bond to provide for compliance with the provisions of Ordinance No. 23-45, the Subdivi• sion Ordinance of the City oY Dubuque, and especially Sec. IV thereof; and WHEREAS, it is necessary to provide for the discharge. of the storm water sewers onto and a- cross Lot 7 of Glenview, it is the opinion of this Council that a con- dition of acceptance of this plat. shall be that the City of Dubuque be furnished an easement granting the right to so discharge such drainage across said lot, saving the City harmless from any damage that may result therefrom and in which the owners, their successors and assigns agree not to obstruct such drainage flow: NOW THERE- FORE, BE IT RESOLVED by the Gity Council of the City of Dubuque: Sec. 1. That the previous action taken in this matter by the pas- sage of Resolution No. 39-48 be de- clared null and void and is hereby repealed. Kegular Session, May 3rd, 19.48 171 Sec. 2. That the dedication of "Blackhawk Drive" and "Fox Drive" upon the plat of "Glenview" be and the same are hereby ac- cepted for the purpose for which they are thus dedicated. Sec. 3. That the plat of Lot 4 of Mineral Lot 3, Lot 1 of 2 of Mineral Lot 4 and Lot 2 of Mineral Lot 5 in the City of Dubuque, Iowa, which will be hereafter known as "Glenview" containing Lot 1 to 21 inclusive, "Blackhawk Drive" and "Fox Drive", be, and the same is hereby approved and the Mayor and Clerk are hereby directed to endorse the approval of the City oY Dubuque upon said plat, pro- vided: That Dubuque Homes, Inc., sign the written acceptance and agree- ment hereto attached agreeing to comply with all the terms and con- ditions contained in this Resolu- tion, including the filing of a per- formance bond in the amount of $10,031.00 acceptable to the City Council, insuring the completion of the improvements hereinbefore set out, all to be done with the approval of the City Manager. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W, MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ACCEPTANCE OF RESOLUTION N O. 86-48 Dubuque Homes, Inc. by authori- ty of its Board of Directors, with full knowledge and understanding all of the terms and conditions of Resolution No. 86-48, hereby ac- cepts the same as adopted and agrees to abide by, comply with and carry out all of the terms and conditions thereof. Executed this 5th day of May, 1948. DUBUQUE HOMES, INC. By C. E. METTEL President A, J. MIHM Secretary. Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, April 24, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Clara L. Knapp for $1000.00 for personal injuries sustained because of a fall on the east side of Booth Street between Dodge and Curtis. It appears that the sidewalk at the place she fell was in a dangerous condition because of snow and ice thereon. That she incurred doctor bills and hospital bills in an a- mount of about $90.00. That be- cause of the injury she repeived to her back, she was unable to work for more than a month and lost a- bout $180.00 in wages. That she makes a claim for pain and suffer- ing. That I have discussed the mat- ter with her Attorney and they have agreed to accept $238.10 in settlement thereof. I recommend that this claim be allowed in the sum of $283.10. That a warrant be issued to John L. Duffy, Attorney for Clara L. Knapp, and delivered upon delivery to the City of a release properly executed by claimant. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $283.10 in favor of John L. Duffy, Attorney for Clara L. Knapp, as set- tlement in full of the claim, and that said warrant be delivered upon receipt by the City of Dubuque of a properly executed release. Se- conded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. April 30, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mrs. V. A. Bischoff referred to me 172 Regular Session, May 3rd, 1948 for consideration, it appears tha the accident happened on Januar, 25, 1948, and the claim was filer April 10, 1948. It is provided by the statute of the 1946 Code of Iowa as follows; 614.1 Period of. Actions may bE brought within the times herein limited, respectively, after their causes accrue, and not afterwards, except when otherwise specially declared: 1. In actions for injuries from de~ fects in roads or streets-notice, Those founded on injury to the person on account of defective roads, bridges, streets, or side- walks, within three months, unless written notice specifying the time, place, and circumstances of the injury shall have been served upon the county or municipal corpora- tions to be charged within sixty days from the happening of the in- jury. This claim has not been filed in time and under the statute the Council has no jurisdiction and therefcre, I recommend that the claim be denied, Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. approved. Seconded by Council- man Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. April 20, 1948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Referring to attached petition of E. G. Riter, 1945 Asbury Streei, requesting the rezoning oY the dis- trict in which his property is lo- cated, from Single Family to Two Family Classification, the Planning and Toning Commission respect- fully recommends denial of the petition. The Commission Yeels that there is no great demand for the change at present, and an ex- amination of the area shows a pre- dominance of nice single family homes which are as a rule too small to be made into two family resi• dences. Yours truly, THE DUBUQUE PLANNING YC ZONING COMMISSION BY .....................................Sec't'. R. V. McKAY Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-lYI a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. October 22, 1946. To the Honorable Mayor and City Council Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission respectfully recommends to your honorable body granting of the petition of John E. Behlmer as shown on attached plat, at a price agreeable to you. Yours truly, THE DUBUQUE PLANNING & ZONING COMMISSION By RICHARD V. McKAY Secretary, Councilman Murphy moved that the recommendatoon of the Plan- ning and Zoning Commission be Nays-None. April 20, ]948. To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: The Planning & Zoning Commis- sion respectfully recommends to your honorable body the legal es- tablishment of Platt St. extended to Cardiff St. and the acceptance of the dedication of the necessary land by St. Joseph's Mercy Hospi- tal and St. Clara College. Respectfully submitted, THE DUBUQUE PLANNING & ZONING COMMISSION BY ..............................Sec't'. R. V, McKAY Regular Session, May 3rd, 1948 173 Councilman Murphy moved that the recommendation of the Plan• ning and Zoning Commission. be approved. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Mr. Thomas H. Nelson, Attorney representing Mr. H. E. Dilworth, addressed the Council entering ver- bal objection to any assessment which might be assessed to the pro- erty of Mr. Dilworth for the pro- posed improvement of Platt Street and Platt Street Extension as this improvement is only for the bene- fit of one of the owners and suggested that the cost of this proposed improvement be assessed to the owners of property who are being benefitted. ~' RESOLUTION N0. 87-48 Whereas, a plat has been made by Carl F. Bartels dated April 2, 1948, subdividing Lot 5 oP Mineral Lot 72, owned by St. Joseph Mercy Hospital, subdividing City Lot 732, owned by the City of Dubuque, and subdividing Lot 19 of City Lot 724 in the City of Dubuque, owned by St. Clara College; and Whereas, said subdivision is for the purpose of extending Platt Street from the easterly end of Platt Street to Cardiff Street; and Whereas, said plat has been duly executed by St. Joseph Mercy Hos- e pital of Dubuque and St. Clara Col• lege of Dubuque; and Whereas, before said extension of Platt Street can be completed, it .is necessary that the City of Dubuque give its consent and dedi- cate Platt Street as shown in said plat as a Street; and Whereas, the City Council being fully informed in the premises finds that the City of Dubuque should execute said plat. Now, Therefore, Be It Resolved by the City Coun- 4, cil of the City of Dubuque: That the Mayor and Clerk of the City of Dubuque be, and they '~ are hereby authorized and a empowered for and on behalf of the City of Dubuque to sign and ~. execute the plat above referred to, which dedicated certain property for the extension of Platt Street from the easterly end thereof to Cardiff Street. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THMOPSON GEO. R. MURPHY ALBERT WHARTON W, W, MOFFATT Councilman Attest: J. J. Shea City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Due 1 m a n, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None RESOLUTION N0. 88-48 Whereas, a plat has been filed showing the extension of Platt Street from the easterly end there- of over Lot 5 of Mineral Lat 72, City Lot 732 and Lot 19 of City lot 7`l4; and Whereas, said plat has been duly examined investigated and ap- proved by the Planning and Zoning Commission of the City of Dubuque and Wheroas the owners of the real estate involved have dedicated said street to the public; and Whereas the City Council has examined said plat and has been fully advised in the matter finds that said plat conforms to the City Ordinances relating thereto and that dedication of Platt Street as extended should be accepted and confirmed and that the said plat should be approved. Now, therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: That the dedication of Platt Street as extended from the easter• ly end of Platt Street now existing to Cardiff Street as sho-wn upon said plat be and the same is hereby accepted for the purpose for which it is thus dedicated and the Mayor and Clerk are hereby directed to en- dorse the approval of the City of Dubuque upon said plat. 174 Regular Session, May 3rd, 1948 Passed adopted and approved this 3rd day of May 1948. FRANK VAN DUELMAN, Mayor F. W, THOMPSON GEO. R, MURPHY ALBERT WHARTON W. W. MOFFATT Councilman Attest: J. J. Shea City Clerk. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Van Due 1 m a n Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, RESOLUTION N0. 89-48 WHEREAS applications for Beer Permits have been submitted to this Council for approval and the same have been examined; Now, There- fore, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following applications be grant- ed and the licenses are to be is- sued upon the compliance with the terms of the ordinances of this City, CLASS "B" PERMIT Name Address Chester J. Lebben and Margaret Lebben, 2209 Central Avenue. Robert J. Bowen, 1105 Univer- sity Avenue. Merlyn L. Weber, 1904 Central Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street, Dell Warren and Ralph Warren, 1700 Central Avenue. Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue. Frank Reis and Kathryn Reis, 509 Eighth Avenue. Martin Meyer and Vernon Meyer, 630 East 22nd Street. CLASS "B" PERMIT For Private Club Navy Club of Dubuque, Ship No. 67, 2417-23 Rhomberg Avenue. Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street. Dubuque Metal Trades Council Club, 111 West 6th Street. Dubuque Golf Club, End of Ran- dall Place. CLASS "C" PERMIT Earl T. Avery, 1602 Lincoln Avenue. Carl Van Duelman, 590 Seminary Street. Stanley J. Meis, 605 West Locust Street. Passed adopted and approved this 3rd day of May 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHAIiTON 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 Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 90-48 WHEREAS, Heretofore applica- tions 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 occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, , BE IT RESOLVED by the Coun- ci] of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME AND ADDRESS Robert J. Bowen, 1105 University Avenue. Merlyn L. Weber, 1904 Central Avenue. George T. Vrotsos and Spiros D. Coven, 605 Main Street Dell Warren and Ralph Warren, 1700 Central Avenue Harry N. Gantert and Lucile Gantert, 1301 Rhomberg Avenue Frank Reis and Kathryn Reis, 509 Eighth Avenue Martin Meyer and Vernon Meyer, 5$0 East 22nd Street CLASS "B" PERMIT FOR PRIVATE CLUB Navy Club of Dubuque, Ship No.07, 2417.23 Rhomberg Avenue Rod and Gun Club of Dubuque, Iowa, 1103 Iowa Street Regular Session, May 3rd, 1948 175 Dubuque Metal Trades Council Club, 11 West 0th Street Dubuque Golf Club, End of Randall Place CLASS "C" PERMIT Earl T. Avery, 1002 Lincoln Avenue Carl Van Duelman, 590 Seminary Street. Stanley J. Meis, 605 West Locust Street. BE IT FIfRTHER RESOLVED THAT THE BONDS FILED BY SUCH APPLICANTS BE AND ARE HEREBY APPROVED. Passed, adopted and approved this 3rd day of May, 1948. FRANK VAN DUELMAN Mayor. F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. trict and the Cherry-Green Streets Districts be referred to the City Manager and City Solicitor far in• vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None, There being no further business Councilman Wharton moved to ad- journ. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA City Clerk. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Sec- onded by Councilman Wharton. Carried by the following vote: Approved ............................. 1949. Adopted ............................. 1949. Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, '7ouncilmen Thompson, Wharton. Nays-None. Councilman Wharton moved that the matter of constructing sanitary Attest; sewers in the Bradley Street Dis- ................................. City Clerk, 1 176 Special Session, May loth, 1945 City Council (OFFICIAL) Special Session, May 10th, 1948. Council met at 7:30 P.M. of operating and maintaining the parking lots. Section 4 of the above named chapter is confusing from the standpoint of whether the bonds may be paid from all of the sources referred to or Prom only one of guch sources. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun• cilmen Wharton and Moffatt. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of discussing the legal aspects for the issuance of Revenue Bonds for off street parking and acting on any other business as may proper- ly come before a regular meeting of the City Council. May 7, 1943. John J. Kintzinger, City Solicitor Dubuque, Iowa Dear Sir: Responsive to your request we have examined the provisions of Chapter 206, Laws of the Fifty Second General Assembly of Iowa, in the light of the proposals re• ferred to in your letter of May 4, 1948. According to our interpreta- tion of this law, the City of Dubu• quo would be authorized to issue its revenue bonds for the purpose of acquiring parking lots, such bonds to be secured by net re• venues dirived from the operation of the lots. The fundamental concept of revenue bonds is that they are payable from revenues obtained through the operation of self- ]iquidating projects and that the taxing power of the municipality cannot be pledged to their pay- ment. It therefore seems to us that the bond proceedings would have to provide that under no circum• stances shall any ad valorem tax or special assessment be levied on any taxable property in the city, whether benefited or not, to pay the bonds or the interest thereon or to pay any part of the cost Interference with the normal use of public streets by the installation of parking meters must be justi• Pied on the basis of a proper ex- ercise of the police power in the regulation of traffic and ie general- ly condemned, as in the case of Brodkey v. Sioux City, 291 N.W 171, where this device is used ae a revenue producing measure over and above the cost of operation and maintenance for regulatory purposes. While we would there- fore be unwilling to permit an out• right pledge of parking meter reve- nues to the payment of the bonds or the imposition of an obligation to charge meter rates sufficient to provide revenues to pay the bonds, it seems to us that the band proceedings might contain a provision to the effect that if at any time there is found to be a surplus of meter revenues after first providing for the payment of the meters and the operating and maintenance expense in connec- tion with their operation, such sur- plus may be used to the extent per- mitted by law for the payment of operating and maintenance ex- pense in connection with the park- ing lots or for the payment of the parking lot revenue bonds and in• terest. Whether or not the City could successfully market parking lot revenue bonds which are payable from the net revenues available from the operation of such lots would depend to a very large ex- tent upon the engineering study which we assume has been made or is proposed to be made, in• eluding the projected earnings of the system of lots. We have from time to time received other in- quiries covering similar projects throughout the country but have not as yet attempted to draft forms of proceedings in connection therewith nor have we expressed an opinion upon a completed tran• script relating to this type of financing. You should accordingly Special Session, May loth, 1948 177 appreciate that questions other than those hereinbefore mentioned may ariso with relation to such projects, which we are unable to anticipate at this time. In reading over the foregoing, please bear in mind that in men- tioning parking meters we refer to street line meters as distin- guished from such meters as might be installed in the parking lots themselves. We will be interested to know your reaction to the fore- going and await your further ad- vices. Very truly yours, CHAPMAN AND CUTLER Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays-None. Councilman Murphy moved that the rules be suspended far the pur- pose of allowing any one present in the Counci] Chamber, who wish- es to do so, to address the Council. Seconded by Councilman Thomp• son. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Attorney Eugene Wright, repre- senting the Retail Merchants Bu- reau, addressed the Council in re- gard to the communication of Chapman and Cutler in the matter of the issuance of revenue bonds for the purpose of acquiring park- ing lots. Mayor Van Duelman re• quested City Solicitor Kintzinger to explain to the Council the con- tents of the letter received from Chapman and Cutler. Council- man Wharton moved that the City Solicitor be requested to confer with the Law Offices of Chapman and Cutler, Chicago, Illinois, rela- tive to the legal problems in con- nection with the financing of off- street parking in the City of Dubuque, Iowa. Seconded by Coun- cilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of W. R. Goodall, Jr., Chief of Real Estate Division, War Department Oftice of the Di• vision Engineer, Omaha, Nebraska, requesting that a permit be se• cured for the use of the new llubuque Airport with concrete run• ways, in order that transient mili- tary aircraft may land upon the field, presented and read. Coun- cilman Murphy moved that the communication be referred to the City Manager to correspond with Mr. W. R. Goodall, Jr., advising him that the City of Dubuque has in effect an agreement with the U. S. Government covering the re- quest as contained in his communi• cation. Seconded by Councilman Thompson. Carried by the fol• lowing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Mrs. L, Freisinger in regard to the garbage collection at her residence located at 850 Wilson Avenue, presented and read. Councilman Wharton moved that the communication be referred to the Health Department for proper adjustment. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Moffatt moved that proper City Officials be author- ized to enter into a written supplemental contract with Margar• et D. McGloughlin and Thomas J. Ryder for the collection of gar- bage in the newly annexed addi• bons of the City of Dubuque by the payment of an additional $150.00 semi-monthly far the col- lection of said garbage. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of A. C. Brown, Secretary, Chamber of Commerce, Oelwein, Iowa, suggesting that the towns b e t w e e n Waverly and Dubuque concentrate on getting the seven-mile stretch between 178 Special Session, May loth, 1948 Edgewood and Colesburg finishes and that a meeting should be ar ranged in Edgewood or Strawberrl Point soon to discuss this sub ject, presented and read. Council man Wharton moved that the com munication be referred to the City Manager to ascertain from Mr. A C. Brown when a meeting is to bE held to discuss this subject. Sec• onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Al. J. Kellum et al requesting the City Council to in• etitute a one-hour parking regula- tion in the block between Third and Fourth Streets on Main Street during the hours from 8:00 A.M. to 6:00 P.M., presented and read. Councilman Wharton moved that the petition be referred to the Coun- cil. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Yeas-1VI a y o r Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of claim of Martha Marlin in an unstated amount for injuries sustained in a fall on an icy side- walk at the northwest corner of Ninth and Locust Streets, pre- sented and read. Councilman Mur- phy moved that the notice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Proof of publication, certified to by the publishers, of the publica- tion of the Financial Report of the City of Dubuque, Iowa, for the fis- cal year ending March 31,1948, pre• seated and read. Councilman Thompson moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of H. J. Nacht; man, President, Board of Directors, Independent School District of Dubuque, stating that after several meetings with Mr. Robinson, Mr. Clark, Mr. Rhomberg and Mr. Hart- zog, it was decided that the pro- posed extension of North Grand- view Avenue and Audubon Street extending through the Senior High School site should be rerouted, and advising that the Board of Education desires to express its willingness to cooperate with the City Council by giving permission to locate the right of way on the west side of the Senior High school building, presented and read. Coun- cilman Murphy moved that the com- munication be referred to the Coun- cil for the purpose of holding a joint meeting with the Planning and Zoning Commission to be held at 7:30 P,M, on Friday, May 14th, 1948, for the purpose of discussing the communication. Seconded by Councilman Thompson. Carried by the following vote: Nays-None. May 4, 1948. Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Ray Winders from my investiga• tion I find that Ray Winders fell in an alley in the rear of his home located at 2309 Roosevelt Street, which alley had washed out sometime before. That the matter had been called to the attention of the City and had not been taken care of until the day after he re- ceived his injury. He fell on the ice and slid into this hole, re- ceived a fracture of the left fibula, which required the attention of a doctor, services at the hospital and compelled him to remain away from his work far 4 1-2 weeks. That the amount o~ his actual expenses is $114.75. That he lost wages in the amount of $350.00. That after conference with him, he has agreed `.o accept $150.00 in full of his claim rgainst the City. Special Session, May loth, 1948 179 I recommend that his claim be allowed in the sum of $150.00 and that a warrant be issued payable to his order in that amount and the same be delivered to him upon delivery to the City of a release properly executed by him. Yours truly, JOHN J. KINTZINGER City Solicitor. Councilman Moffatt moved that the recommendation of City Solici- tor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Ray Winders, as set• tlement in full of his claim, and that said warrant be delivered up- on receipt by the City of Dubuque of a properly executed release. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 6, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached herewith are plans, specifications and requests for building permits to erect two homes in the City of Dubuque. One is a Masterbilt Home built by the J. R. Darrow Company of Polo, Illinois. The other is a Homart Home sold by Sears Roebuck & Co, I have examined the plans and specifications and the homes do not comply in every respect to conven- tional building, but the homes are of sound construction, small but neat in appearance, and I recom- mend that permission be granted for a permit for one each of these homes. Respectfully submitted, DONALD J. BANDY, Building Commissioner. Councilman Wharton moved that the recommendation of Building Commissioner Bandy be approved. Seconded by Councilman Moffatt Carried by the following vote: Yeas-Mayor Van Duelmau Councilmen Moffatt, Murphy Thompson, Wharton, Nays-None. May 10, 1948. 'o the Honorable Mayor end City Council, )ubuque, Iowa 3entlemen: Pursuant to your instructions a survey of parking and traffic con- iitions in the unrestricted areas was conducted by the Police De- partment. Herewith submitted is the report of the findings together with a group of recommendations designed to relieve congestion and to expedite the movement of traf- fic. I recommend that these propos- als be adopted in proper form. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved and the proper proceedings ordered prepared. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Parking and Traffic Recommendations--1948 1. Because of the many business• es involved and the apparent need far parking turn-over, it is recommended that aone-hour park- ing restriction be placed on vehi- cles on Main Street from Jones Street to 4th Street, and Shields Street from Jones to Main. 2. It is also recommended that a two-hour restriction be placed on vehicles on 1st, 2nd and 3rd Streets between Iowa and Locust Streets. 3. It is recommended that angle parking be prohibited except on the three sides of Washington Park and on 2nd Street between Iowa and Locust Streets, and there only at the angle indicated by the paint- ing of stalls. The exceptions noted are the only ones in the downtown area where street widths are suffi- cient to permit diagonal parking 18o Special Session, May loth, 1948 without undue restriction to the Yeas-Mayor Van Duelman, use of the street by moving vehi- I C o u n c 11 m e n Moffatt, Murphy, cles. Thompson, Wharton. 4. The areas in front of hotels where parking is prohibited by State Law and City Ordinance should be properly marked and signed. 5. The restriction on parking on certain residential streets where parking is prohibited on one side of the street has proven beneficial to motorists and prevented acci- dents. Certain streets or sections of streets not now included in the ordinance should be added. These are: West side Air Hill Street from University to 8th Avenue; West side Wilson Avenue from Univer- sity to 8th Avenue and Delhi Street (south side) from Allison Place to Grandview Avenue. 6. Since the change in routing of the highway there exists no ap- parent need for West Locust Street to be designated as a through• street. Therefore it is recommend- ed that West Locust from West 17th Street to its westerly ter- minus be removed from the list of through•streets in the City Or- dinance. 7. Instead, because of the greater need caused by heavier traffic and many blind intersections, it is recommended that University Avenue be declared a through- street from its beginning at 8th Avenue to its westerly terminus. May 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that the terms or Fred E. Bissell and R. V. McKay on the Planning and Zoning Com- mission expire May 24, 1948. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Wharton moved that Mr. Fred E. Bissell and Mr. R. V. McKAY be reappointed as mem- bers of the Planning and Zoning Commission for terms of five years, said terms expiring May 24, 1953. Seconded by Councilman Moffatt, Carried by the following vote; Nays-None. May 10, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: None of the special assessments for the sewer on Muscatine Street against Lots 32 and 33 of Mc- Daniel's Park Hill, owned by Os- wald and Clara Holz, have been paid. The present situation is that there is owing against each lot $95.67 in principal amount, $41.08 in interest charges and $3.60 for advertising or a total of $140.35. The owners have now submitted a compromise offer of $200.00 in full satisfaction of the indebtness of $280.70. I recommend that this offer be accepted and that upon the receipt of $200.00 on or before June 1, 1948, that the balance of the deficiency be paid Prom the Consolidated Fund. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg be approved and that the City Auditor and City Treasurer be instructed according- ly. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Dubuque, Iowa. May 10, 1948. To the Honorable Mayor and Members of the City Council City of Dubuque, Iowa. Gentlemen: Section 48.4 of the Code of Iowa, 1946, Permanent Registration, pro- vides that the Commissioner of Registration shall appoint the two clerks of election for each precinct, who shall have charge of the election register. I hereby recommend for your ap- proval the appointment of the fol- lowing names persons to serve as Clerks of Election for each pre- Special Session, May loth, 1948 181 cihct, who shall have charge of the I RESOLUTION N0. 91-48 ...... election register for the June Primary Election of June 7th, 1948: First Precinct-Democratic, Mrs. Josephine O'Brien; Republican- Mrs. Lillian A. Jones. Second Precinct-Democratic, Mrs, Whereas, an Ordinance was a• dopted by the City Council of Dubuque on December 10, 1909 va• eating part of Olive Street and granting the permanent use there• of to W. H. Day, Jr, and his as- signs, and Maretta Donegan; Republican, Mrs. Geo. R. Fox. Third Precinct-Democratic, Mrs. Vera McAllister; Republican, Mrs. Eunice Kilby. Fourth Precinct-Democratic, Mrs. Imelda Brant; Republican, Mrs. Martha Hunt. Fifth Precinct-Democratic, Mrs. Laura E. Hohmann; Republican, Mrs. Sadie H. Trader. Sixth Precinct-Democratic, Mrs. Lillian Fleege; Republican, Mrs. E. G. Forward. Seventh Precinct-Democratic, •Mrs. Cecelia Weber; Republican, Mrs. Alexia Hanley. Eigth Precinct-Democratic, Mrs. Anna M. Weber; Republican, Mrs. Jane Fuhrman. Ninth Precinct-Democratic, Mrs. Belle Leidinger; Republican, Mrs. Edna Widdowson. Tenth Precinct-Democratic, Mrs. Stella Ball; Republican, Mrs. Hattie Donatsch. Eleventh Precinct-Democratic, Mrs. Ida Murray; Republican, Carrie Saunders. Twelfth Precinct -Democratic, Mrs. Marie Sand; Republican, Mrs. Elroy Grashorn. Thirteenth Precinct- Democratic, Mrs. Freda Foell; Republican, Mrs. Marguerite Liddle. Fourteenth Precinct- Demmcratic, Mrs. Verona E. Agard; Republi- can, Mrs. Dorothy Bauer. Fifteenth Precinct- Democratic, Mrs. Minnie Lucas; Republican, Mrs. Helen Hohnecker. Respectfully submitted, J. J. SHEA Commissioner of Registration. Councilman Thompson moved that the recommendation of the Commissioner of Registration be approved. Seconded by Councilman Wharton. Carried by the followin@ vote: Whereas, it now appears that the City of Dubuque failed to execute a deed to that part of Olive Street so vacated, and Whereas, in order to make of record the intent and effect of the said ordinance, it is advisable that the city convey by quit claim deed that part of Olive Street so vacated, and Whereas, Thomas M, Stampfer and William B. Poinsett III as trustees have acquired by purchase the rights so granted to the said Day to the part of Olive Street so vacated and likewise by pur- chase have acquired the abutting property on both the easterly and westerly sides of Olive Street sa vacated. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque, Iowa, that the Mayor and Clerk be and they are hereby di- rected to execute and deliver the quit claim deed to Thomas M. Stampfer and William B. Poinsett III as trustees to the real estate described a follows: All that part of Olive Street which lies between Lot 29 in Far- ley's Subdivision and Lot 3 of the Subdivision of Outlot 687, in the City of Dubuque, Iowa, and ex- tends Prom Jefferson Street to Wil- bur Street, and which has been va- cated by the ordinance mentioned, and being Lot 3A of City Outlot 687, as shown on the plat filed March 25, 1948, and recorded in Book of Plats 16, Page 246, in the office of the Recorder of Dubuque County, Iowa and the Clerk of the said city is directed to attach to the said deed the seal of the city and the said officers are further authorized and directed to execute the proper ac- knowledgment covering the exe- cution of said deed. Passed, adopted and approved this 10th day of May, 1948. Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. 18a Special Session, May loth, 1948 FRANK VAN DUELMAN Mayor. F• W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Wharton moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Chief of Police Strub and Recreational Director Luke, advising Council that a traf- fic and safety hazard is created at Comiskey Field by the parking of cars on the East and West sides of said field and recom- mending that parking be prohibited on both the East and West sdies of Comiskey Field, presented and read. Councilman Murphy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA City Clerk. Approved ............ ................, 1949, Adopted ............................. 1949. 'ouncilmen: { .................................... ............... Attest : ............................... . City Clerk. Special Session, May 24th, Ig48 183 City Council (OFFICIAL) Special Session, May 24th, 1948. Council met at 7:30 P.M. Present-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering an Ordinance a- mending "Traffic Code" of the City of Dubuque by establishing park- ing regulations on additional streets by abandoning certain etreets as Boulevards and designating Uni- versity Avenue as a Boulevard, and by repealing ordinances in conflict herewith, and acting on any other business as may properly come before a regular meeting of the City Council. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one pres• ent, in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. The members of the Planning and Zoning Commission, the mem• bers of the Board of Education and Superintendent of Schools Clark and the members of the City Coun- oil took up and discussed the prob• lem of the location of the proposed highway c o n n e c t i n g Audubon Street with Seminary Street, as it affects school .property. Various routes were proposed and dis- cussed and no definite location was arrived at. Councilman Murphy moved that the matter of the lo- cation of the proposed highway connecting Audubon Street with Seminary Street, as it affects school property, be referred to the Board of Education for an an- swer at their earliest convenience. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. Communication of the Retail Merchants' Bureau advising Coun- cil that at a meeting of the Board of Directors of the Retail Mer- chants Bureau it voted that a letter be addressed to the City Council ex- pressing sincere appreciation of the Retail Merchants Bureau for the prompt and effective action taken by the City Council in connection with taking steps to provide suita- ple automobile parking areas, pre- sented and read. Councilman Mur- phy moved that the communica- tion be received and filed. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays -None. LAW OFFICES OF CHAPMAN AND CUTLER CHICAGO, ILLINOIS May 17, 1948• John J. Kintzinger, City Solicitor Dubuque, Iowa Dear Sir: W e confirm our verbal advice of last Friday regarding the pro- posed parking lot revenue bonds of the City oP Dubuque, Iowa, to the effect that in our opinion au- thority exists for the issuance of revenue bonds for the purpose of acquiring parking lots. Such bonds would be made payable from the net earnings of the parking lots and we believe that the bond proceed- ings may also provide for the use of surplus revenues from street line parking meters, to the extent permitted by law, for the payment of such bonds and interest, when any such surplus may at any timr, exist. When the City has received as- surances that these bonds can be successfully marketed in the de- sired amount, we will be glad to assist you in connection with this proposed financing. Very truly yours, CHAPMAN AND CUTLER. 184 Special Session, May 24th, 1948 Councilman Murphy moved thal the communication be received ana made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. Attorney Eugene Wright ad- dressed the Council to ascertain if any bonding company would ac- cept the issue of such revenue bonds as outlined in the communi- cation of Chapman and Cutler and if not, that the City of Dubuque institute legal proceedings to test the validity of the Statute in the Courts of Iowa. Councilman Thompson moved that the City Solicitor, in con- junction with Attorney Eugene Wright, communicate with bond- ing companies and individuals to ascertain if they will consider the buying of revenue bonds as out- lined in the communication ~ of Chapman and Cutler. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 11-48. An Or dinance amending "Traffic Code" of the City of Dubuque, by estab- lishing parking regulations on ad- ditional streets, by abandoning cer- tain streets as Boulevards and de- signating University Avenue as a Boulevard, and by repealing ordi- nances in conflict herewith, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays--None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Mrs. V, A. Bis- choff in regard to her claim, which was filed on April 10, 1948, and which claim was denied on account of not being filed on time, in ac- cordance with the Statute, and ask- ing Council to reconsider her claim, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman .Murphy. Car• ried by the following vote: Yeas-Mayor Van Duelman, Counci ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of claim of Art Covard in the amount of $16.00, for damages to his truck caused in striking a hole in the street at 1324 Auburn Street, presented and read. Coun- cilman Murphy moved that the no• lice of claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of The Key City Gas Company, submitting claim in the amount of $430.18 for labor, material and service per- formed and furnished in the con- struction of the Kaufmann Avenue Trunk Sewer to Mancini, Ventrella & Sons, contractors, presented and read. Councilman Wharton moved 18 Special Session, Nlay 24th, 1948 5 that the communication be referred to the City Solicitor for investiga- tion and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Notice of claim of Virginia C. Schumacher, Mother and next friend of Janet Schumacher, a minor, in the amount of $30.00 for damages suffered when struck by a stream of water from a fire hy- drant which was situated on East Fourth Street at and near the place where a circus was being held, presented and read. Council- man Murphy moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Anonymous communication sub- mitting offer in the amount of $50.00 for the strip of land adjoin- ing Lot 167 Finley Addition, on the corner of Avoca and Cherry Streets, presented and read. Coun• cilman Wharton moved that the communication be referred to the Council to view the grounds. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of Louis C. Kol• fenbach stating that he proposes, with the co-operation of the Zon• ing Commission and City Council, to provide for Dubuque a Modern Trailer Camp and stating that he has submitted a petition to the Zoning Commission requesting a change in the classification of Lot 2 of the Subdivision of Lot 2 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Mineral Lot 304 and of Lot2of2of1of1ofl of 1 of Mineral Lot 304 from Single Residence District to Busi- ness District and requesting per- mission to construct an 8 inch sanitary sewer to be connected to Roosevelt Street sewer, and also making application for the ex- tension of the water main for a distance of approximately 600 feet, presented and read. Councilman Murphy moved that the communi- cation be referred to the Council for consideration until such time as a report is received from the Plan- ning and Zoning Commission. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Nays-None. Communication of the General Memorial Day Committee request- ing Council to take part in the Annual Memorial Day Parade on May 31, 1948, presented and read. Councilman Murphy moved that the invitation be accepted. Second- ed by Councilman Wharton. Car- . ried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of the General Aluminum Supply Corporation in regard to the use of Gasco cast aluminum soil pipe and fittings in all above ground plumbing installa• lions, presented and read. Coun• cilman Wharton moved that the communication be referred to the Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Yeas-Mayor Van Duelman, Counci 1 m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Stampfer Building Company, requesting that the May- or and City Clerk be authorized to execute, in behalf of the City of Dubuque, a quit claim deed convey- ing to them the West fifty feet of May Place as vacated by ordinance adopted December 20, 1921, pre- 186 Special Session, May 24tH, 194.8 seated and read. Councilman Mur• Phy moved that the petition be referred to the City Solicitor to prepare the proper proceedings, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of K-M Constructie Company asking that an extensio of time be granted from May 1'. 1948, for a period of 30 days, i which to complete their contrac for the improvement of Gandolf Street. Councilman Murphy move that the request be granted, pro vided the consent of the Bonding Company is secured. Seconded b~ Councilman Thompson. Carried b~ the following vote: Yeas-Mayor Van Duelman Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. Petition of Karl H. Wirzbach et al requesting that Buena Vista Street be graded as soon as possible, presented and read. Coun- cilman Thompson moved that the petition be referred to the Council to veiw the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of L. J. Feldman et al, residents oP Wilson Street, between 8th Street and University Avenue, requesting that parking be re- stricted to the East side, instead of the West side of the Street, presented and read. Councilman Wharton moved that the petition be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, C o u n c i ]men Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of Mrs. Rarl Reuter et al requesting that a street light be placed at the corner oP Sutter and Queen Streets, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Sec• , onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Petition of L, J. Hartley, Lion's Club Picnic Arrangement Chair- man, requesting permission to string a banner across Shiras Street at Rhomberg Avenue, said banner to be erected during the period of June 19 to 21, 1948, presented and read. Councilman Wharton moved that the request be granted, the erection of the ban• ner to be under the supervision of the Building Commissioner. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Van Duelman, C o u n c i l m e n Moffatt, Murphy, Thompson, Wharton. Nays-None. To the Mayor, City Manager and City Council of the City oY Dubuque, Iowa: Gentlemen; Chicago, Milwaukee, St. Paul & Pacific Railroad Company objects to the petition filed by the Ready Mix Concrete Company to require the Railroad Company to place a crossing over its tracks at Dodge Street, upon the fallowing grounds and reasons: 1. Such a crossing would be a grade crossing which would be an additional and unnecessary hazard. 2. Because of the movable points of the switch to the track which serves International Harvester Com pony, the switch points being with- in the limits of Dodge Street, it would be impossible to provide a plank crossing over tracks within any part of the street which could have a suitable alignment for vehi- cles crossing the track. This is be- cause of the piers of the Iowa- Illinois Bridge which are placed close to the tracks on both the east and west sides and occupy a considerable portion of the entire width of the street. 3. Because of the bridge pier east of the tracks and the elevated in- dustrial track abutting the south end of the pier, it would be impos- sible to drive a vehicle within the confines of Dodge Street on the south side of the bridge pier. On the north side of the pier, there is insufficient room between the pier Special Session, May 24th, 1948 18q and the north line of the street to r permit the passage of vehicles. s The bridge pier east of the tracks t is constructed with a solid eon• Crete strut between the two piers, and above the ground, which makes it impossible to pass between the two piers. Therefore, it would be necessary to go over Private pro- perty to get to the crossing from the east side. Such a crossing could not be used by the public generally and would not satisfy a public necessity, 4. Because of the bridge pier east of the tracks and the above men- tioned movable switch points, any crossing over the tracks would have to be on a sharp curve which would divert the attention of the driver of a vehicle from passible approaching trains, and would also place the driver in a position where it would be difficult for him to see trains, especially those ap• proaching from behind him. 5. To the driver of any vehicle approaching from the west, the crossing would be totally blind be- cause of the International Harvest- er Company building and the rail- road section tool houses on the north side of Dodge Street, and because of the International Har- vester Company building and load- ing platform on the south side. The bridge piers also obstruct fhe view as well as make it difficult, if not impossible, to drive through. Approaching from the east. a driv- er would have his view obstructed by the office building of Ready-Mix Concrete Company and by the bridge pier east of the tracks. Freight cars standing on the siding above referred to and on the Illi- nois Central transfer track, which is the first track east of the Mil- waukee main track, krould consti- tute afurther obstruction to a view of the crossing and would further increase the hazard. 6. The establishment of a cross- ing at this location would invite traffic other than the Ready-Mix Concrete Company trucks. A stran- ger or a person unfamiliar with the dangers involved, in the day time, and even more so in the night time, would find himself whol- ly confused by the bridge piers, the overhead bridge, the curve which would be necessary in cross- ng the tracks, the tracks them- elves, and even if he succeeded n getting safely across the tracks, he would have no place to go when he got across, except to trespass on private property. 7. There is a good crossing at Jones Street, one block north of Dodge Street, which is adequately protected by flasher light signals. S. The petitioner does not own the property upon which its con- crete plant and office are located but leased the same with full knowledge that it would be neces- sary to use the Jones Street cross- ing. Attached hereto is a booklet con- taining twenty different photo- graphs of the place in question and its surroundings, together with a blue print survey drawn to scale and upon which are yellow figures corresponding with the numbers on the photographs and which show the point where the camera was placed and the direction it was facing when the respective pictures were taken. For all of the reasons above stated, the establishment of a crossing at the point in question in Dodge Street would constitute an unnecessary hazard to life and property in~rolving not only vehi• cles and drivers, but trains and train crews as well, and would be against the public interest, and the petition should be denied. Dubuque, Iowa, May 24th, 1948. CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD COMPANY, By Clewell & Cooney Its Attorneys. Councilman Wharton moved that the petition be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Communication of The Key City Gas Company, submitting the an- nual report for the calendar year 1947, in accordance with Franchise stipulation, presented and read. Councilman Murphy moved that the communication and report be referred to the Council. Seconded 188 Special Session, May 24th, 1948 by Councilman Moffatt. Carried b; the following vote: Yeas-Mayor Van Duelman Councilmen Moffatt, Murphy Thompson, Wharton. Nays-None. Performance Bond of DubuquE Homes, Inc., in the amount o1 $10,031.OQ covering the completion of the improvement of BlackhawA Drive and Fox Drive, on or before July 1st, 1949, in accordance with Resolution No. 86.48, presented for approval. Councilman Thompson moved that the bond be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. The Mayor, City of Dubuque, Dubuque, Iowa Appropriation: 1790405 Naval Reserve 1949 Expend. Acct. 45745. Obj. Class, 051, BuPers Acct. 32000 Requisition: BuPers EN4-4000-49. RENEWAL OF GOVERNMENT LEASE You are hereby notified that under the provisions of Paragraph 5 of Government Lease Noy (R) - 40338 with City of Dubuque, Iowa Lessor, d. 1.1.47, covering approxi- mately 0.85 of an acre in Ham's Addition in the City of Dubuque, Iowa, for a Naval Reserve Armory. L16-65-Du the United States of America elects to renew the said tease, as the same may have been amended, for the period of one year from and after June 30, 1948, and by these presents does renew, extend, and adopt the said lease and all the terms and conditions thereof for the period beginning July 1, 1948, and ending June 30, 1949. Dated at Washington, D. C. 12 May, 1948. THE UNITED STATES OF AMERICA, By, Jack E. Cochrane By direction of the Chief of the bureau oY Yards and Docks, act- ing under the direction of the Secretary of the Navy. Councilman Wharton moved that the Renewal of Government Lease ba received and made a matter of record. Seconded by Councilman MoffatC. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Ordinance No. 12.48. An Ordi- nance amending Ordinance No. 13- 35 and Ordinance No. 2.46, which Ordinances provide for inspection and testing of milk intended for public sale and distribution, and ex• acting a charge Yrom producers and distributors, by striking from said Ordinances all provisions with reference to exacting a charge from producers and distributors, pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Mof€att. Carried by the following vote: Yeas-itiI a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended requir- ing an ordinance to be read on three separate days, Seconded by Councilman Wharton. Carried b9 the following vote: Y-eas-11I a y o r Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. Councilman Thompson 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 Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 15, 1948. To the Honorable Mayor rnd City Council Dubuque, Iowa 3entlemen: Attached herewith are plans of ~ pre-assembled home known as the 3BH•Way Home. Also a request 'or a building permit to erect same n the 1100 block on Rosedale Ave- iue. Ihave examined the plans Special Session, May 24th, 1948 189 and find it differs from conven- tional construction only in the floor detail. The floor construction is ample and sound, and I therefore recommend that a permit be grant- ed for one home of this type. Respectfully submitted, DONALD J. BANDY, Building Commissioner. Councilman Wharton moved that the recommendation of Building Commissioner Bandy be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 13, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit reports of the City Auditor, City Treasurer, City Health Department and City Water Works for the month of April, 1943, also list of claims and list of pay- rolls for which warrants were is- sued for the month of April, 1948. Also included is a Recapitulation of Receipts and Disbursements for the fiscal year beginning April 1, 1947, and ending March 31, 1948. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 24, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have ap- proved the following policy and de- sire to have your approval on same for filing: TAXI-CAB Black & White, Yellow and Check er Cab Co., Inc., 410 Eight Avenue, Policy No. C. A. 5182, The Preferred Accident Ins. Co. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that the bond be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol• lowing vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. May 24, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: h acceptance of the streets in this At the meeting of April 19th we were instructed to submit a report on the proposed Vernon Heights Subdivision, together with a recommendation of the require- ments upon which approval of such plat would be conditioned. We have examined the plat, the proposed grades and made a field examinatimi of the site. WATER SUPPLY: The higher levels of the proper- ty cannot be reasonably served by the present water distribution sys- tem of the City. It would require the use of an intermediate system, ~,vith a range of elevation of 325 to 350 feet, to serve this area. Such a system would involve the Water Department in an expendi- tune of approximately $175,000.00. It is our recommendation that the City Council determine whether or not an intermediate system be con- structed. STREETS: The field examination shows that serious erosion is taking place on the streets and adjacent lots. This indicates the need far curb and gutter and impervious street surface and some form of storm water drainage system. The pro- posed grade of Maplewood Drive consists of many short tangents following each minor variation of surface connected by very short vertical curves. The dead-end streets do not have adequate pro- vision for turnarounds. We recom- - mend that, as a condition for the 19~ Special Session, May 24th, 1948 subdivision, that they be provided with curb and gutter, a stone base with an asphalt wearing surface, and that storm drains be installed where needed. We further recom- mend that the proposed grades be altered, which we feel can be done without materially increasing the grading quantities and that turn- arounds of at least 30 feet radius be required on the dead-end streets. SANITARY SEWER: Sanitary sewer facilities can be constructed by connecting to the existing sewer in Roosevelt Street. We recommend that approval of the plat be conditioned upon pro- vision being made for such sani- tary sewers to serve the lots in the subdivision. s•#~* In making the above report and recommendations we are aware that a considerable outlay is in- volved. In order to assist the de- veloper we feel that the Coun- cil might properly set completion dates for the work outlined above several years in the future and in the meantime safeguard the public interest by requiring the deposit of a surety bond to insure the ultimate completion of the neces- sary improvements at such Yuture dates. Respectfully submitted, _.., A. A. RHOMBERG, City Manager. R. J. GALLAGHER, City Engineer. J. J HAIL, Superintendent of Water Department. Councilman Murphy moved that the report and recommendations of City Manager Rhomberg, City Engineer Gallagher and Superin- tendent of Water Department Hail be approved. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 92-48 BE IT RESOLVED by the City 7ouncil 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 cigar- ette papers within said City, and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS R, llaniel Winders, 2204 Central Avenue. John J. Ludescher, 1897 Seminary Street. John Henkel and Alma Henkel, 2222 Central Avenue. BE IT FURTHER RESOLVED that the bonds filed with the appli- cations be approved. Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY F. W. THOMPSON ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Moffatt moved the a- doption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION NO. 93-48 WHEREAS, aplications f o r Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED that the Coun- cil of Che City of Dubuque that the following 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 AND ADDRESS John Henkel and Alma Henkel, 2222 Central Avenue Dubuque Cycle Club, 720 Iowa St., (Transfer of address from 111 West Sixth St.) CLASS "C" PERMIT R. Daniel Winders, 2204 Central Avenue. I I Special Session, May 24th, 1948 9 Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W, W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTION N0. 94-48 WHEREAS, heretofore applica- tions 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 occupied by such applicants have been inspected and found to com- ply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE iT RESOLVED by the Coun- cil of the City of Dubuque that the Manager i;e and he is hereby direct- ed to issue to ~e foP.owing named app~_ci;-~~=~ a ;,rr Permit. C{_rc~ ~&" PERMIT Nn 1 >~ i ~, _.a Eienkel JoP~? L__e_ _-_ ~- Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Due 1 m a n, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. RESOLUTJON N0. 95-48 Whereas, Thos. E. Byrne and Jos• eph Oberhoffer have filed an ap• plication elrmission lto construct a questing p sanitary sewer in Bonson Street from the Present sewer in Hill Street to McClain Street, under certain stipulated conditions: Now, Therefore, Be It Resolved by the City Coun- cil of the City of Dubuque: Section 1. That permi rantede to the same is hereby g Thos. E. Byrne and Joseph Ober- hoffer to construct a sanitary sewer in Bonson Street from the present sewer in Hill Street to McClain Street. Section 2. That the construction of said sewer, which includes the type and size of pipe and location thereof, shall be done only under the supervision of the City Engi- neer. Section 3. That the total cost of the construction of said sewer shall be paid by Thos. E. Byrne and Joseph Oberhoffer, and no part thereof shall be borne by the City of Dubuque. Section 4. That after said sewer was torn up for the purpose of re• Cv~1S' ..8 ~ R`~'-'l~'IT has been laid and completed, the t ,`.118 street shall be put back in as D..-,_ -0 Iowa St., I = ~n,n l; i good condition as it was before it ~ e " `'" , ceiving said sewer, at the cost of t;, ~` ~~" P~r.J11T Thos. E. Byrne and Joseph Ober- R. Da __~ ~ h ~. a ~: ~ , ~'~~ ~ Central hoffer and said Thos. E. Byrne and Avenue Joseph Oberhoffer shall be held BE IT FURTHE?' RE~OLVEI~ responsible for any and all damage that the bonds fiiet~ .:9 ~!'~~== al'pii- which may arise out of the con- cants be and the same are herek;y struction thereof, failure to proper~ approved. ]y guard the excavations -and re- Passed, adopted and approved store the street to the condition it this 24th day of May, 1948. was in before the construction be- FRANK VAN DUELMAN gan. Mayor. F, W, THOMPSON Section 5. That after said sani• GEORGE R. MURPHY tart' sewer has been constructed, all ALBERT WHARTON persons living along and adjacent W, W. MOFFATT to said sewer shall have the right Councilmen. to connect therewith, but such Attest: J. J. SHEA right shall only be granted upon City Clerk. proper application being made to 192 Special Session, May 24th, 1948 the City Council and by paying t Thos. E. Byrne and Joseph Obe: hoffer, their successors or assign, or depositing in the office of th City Clerk for Thos. E. Byrne ani Joseph Oberhofer; the applicant proportionate part of the cost o constructing said sewer based of the lineal frontage of his propert] abutting on said street, but in nc event shall the amount to be paid by applicant exceed the amount that may be levied under law for the construction of said sewer. Within 60 days after the comple- tion of said sewer applicant shall Pile with the City Clerk a state- ment under oath showing an item- ized account of the cost thereof. Section 6, That this Resolution shall be effective and in force and effect from and after its passage and adoption by the Council, and written acceptance thereof by ap- plicant. Passed, adopted and approved this 24th day of May, 1948. FRANK VAN DUELMAN Mayor. F• W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. ACCEPTANCE OF RESOLUTION Thos. E. Byrne and Joseph Ober- hoffer, having read the foregoing Resolution, and having full know- ledge of the terms and conditions thereof, hereby accept the same as adopted, and agree to comply with all the terms and conditions, and assume all liabilities imposed upon them, including those set forth in Section 4. Executed this ....._.....day of ............. 1948. ... Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas=Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. There being na further business Councilman Wharton moved to ad• journ, Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays-None. J. J. SHEA City Clerk. APProved ............ ............ '..., 1949.