Loading...
1948 September Council Proceedings398 Special Session, f CLASS "B"PERMIT NAME AND ADDRESS John Kringle, 64 Locust Street. Mrs. Florence M. Miller and Mra. Alice Fidley, 400 Central Avenue. Gaylon C. Seeley, 2595 Rhom- berg Avenue. BE IT FURTHER RESOLVED that the bonds filed by such ap- plicants be and the same hereby approved. Passed, adopted this 23rd day of August, 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 Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Airport Manager Oleson submit- ted verbal report recommending that the Old Island Airport be dis- continued and closed at once and that an X be placed in the center of the field signifying the closing of the Airport and that the proper Agencies be so notified. Council- man Wharton moved that the ver- bal recommendation of A i r p o r t Manager Oleson be approved and the Airport Manager empowered to carry out the necessary procedure. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, C o u n ci Im e n Moffatt, Murphy, Thompson, Wharton. Nays -None. There being no further business Councilman Thompson moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: august 23rd, 1948 Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. 7. Shea. CITY CLERK. Approved ................................ 1949 Adopted .................................. 1949 Councilmen: j .................................. I Attest :.................................................... City Clerk. Regular Session, September 6th, 1948 399 City Council (Official) Regular Session, September 6th, 1948. No members of the City Coun- cil being present upon roll call the meeting was postponed sub- ject to call. J. J. Shea. CITY CLERK. Approved ............................. 1949. Adopted ............................ 1949. r .......... . ........................... Councilmen ~ ...................................... Attest : ................................................ City Clerk. 400 Adjourned Regular Session, September nth, 1948 City Council (Otficlal,) Adjourned Regular Session, Sept- ember 7th, 1948. Council met at 7:30 P. M. Present - Mayor Van Duel• man, Councilmen Moffatt, Murphy, jVharton. City Manager Rhomberg. Absont -Councilman Thompson. Mayor Van Duelman stated that this meeting is an Adjourned Meet- ing of the Regular Meeting of Sept. Gth, 1948 for the purpose of acting upon such business as may prop- erly come before a Regular Meet- ing of the Cit7 Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposal for the construction of storm sewerage system, curb and gutter and street surfacing for streets included in the Hillcrest Annexa- tion Assessment District: 1-Iillcrest Road from the west property line of Asbury Road to the east property line of Avalon Road. 2-Ogilby Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 3-Chaney Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 4-Morningview Road from the south property line of Asbury Road to the north property line of Hil]• crest Road. 5-Broad 1 a wn Road from the south property line of Asbury Road to the north property line oP Hill- crest Road. 6-Avalon Road from the south property line of Asbury Road to the north property line of Hill- crest Road. 7-Valleyview Road from t h e east property line of Avalon Road to the west property line of Chaney Road. presented and read. Councilman Murphy moved that the proof of ,wncation be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays -None. Absent -Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions bids were solicited from contract- ors for the improvement of all the streets in the Hillcrest District except Mullin Road. No bids were received for this work. ' Respectfully submitted, A. 9, Rhomberg, City Manager. Councilman Murphy moved that the communication of City Man- ager Rhomberg be received and made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: P"eas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Councilman Wharton moved that the rules be suspended far the purpose of allowing any one pre- sent in the Council, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Peas -Mayor Van Duelman, Councilmen Moffatt, Murphy, ~ti harton. .Nays -None. Absent -Councilman Thompson. Petition of the Iowa Improve- ment Company requesting permis- sion to provide by private con- tract for the curbs and gutters on Chaney Road from the south prop- erty line of Asbury Street to the north property line of Hillcrest Road; Morningview Road from the south property line of Asbury Street to the north property line of Hillcrest Road; Valleyview Road from the east side of Morning• view Road to the west side of Chaney Road, the work to be done in accordance with the plans and specifications of the City of Dub- uque and under the supervision P r 7~ ~- j' Adjourned Rea Iar Session, September qth, 1948 4ot of the City Engineer and to be paid for in full in cash by the Iowa Improvement Company, pre- sented and read. Attorney Robert W. Clewell addressed the Council in support of the petition of the Iowa lnprovement Company. Coun- cilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays -None. Absent -Councilman Thompson. Communication of Willman Com- pany advising that their Bonding Company have declined to write Maintenance Bond for the pro- posed macadam base pavement in Hillcrest Addition, on the grounds that this type of pavement is sub- ject to freezing and thawing con- ditions and that the base source is too light to withstand these cmrditions and that they are unable to place a bid for the described work in Hillcrest Addition, pres- ented and read. Councilman Mur- phy moved that the communica- tion be received and filed. Second- ed by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murply, Wharton. Nays -None. Absent -Councilman Thompson. Communication of Dubuque Chamber of Commerce, by J. A. Kerper, Secretary, in regard to the Businessmen's Conference on Ur- ban Problems to be held at Detroit, Michigan, September 13 and 14 and suggesting Council approval for participation in this conference by the attendance of one member of the Planning and Zoning Commis- sion and such other person or persons as the Council might se- lect, the expense of such person or persons to be borne by the City of Dubuque, presented and read. Councilman Wharton moved that the communication be referred to the Council for their consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays -None. Absent -Councilman Thompson, Communication of the Dubuque Chamber of Commerce, by J. A. Kerper, Secretary, submitting ad- ditional information in the way of Advance Statements as sched- uled for the Businessmen's Con- ference on Urban Problems to be held at Detroit, Michigan, Sept- ember 13 and i4, presented and read. Councilman Wharton moved that the communication be re• ferred to the Council far their con- sideration. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Notice of claim of Neil Schubert in the amount of X44.06 for dam- ages to his automobile caused iu striking an open drain plate stick- ing out over the curbing in f:-ont of 21 West Seventh Street, pre- sented and read. Councilman P,Toff- att moved that the notice of claim be referred to the City Solicitm~ for investigation and report. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duehuan, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson WAR DEPARTMENT United States Engineer Office Clock Tower Building Rock Island, Ill. Refer to File No. UMKGR 30 August 1948 Honorable Frank Van Duelman Mayor of the City of Dubuque Dubuque, Iowa Dear Sir: Reference is made to the pro• posed small-boat harbor, an investi- gation for which was authorized by resolution of the Committee on Rivers and Harbors of the House of Representatives, adopted 27 April 1947. At the public hearing mr the matter which was held in the Chamber of Commerce Building in ,:,~,.,;,,w,,,, 402 Adjourned Regular Session, September qth, 1948 Dubuque, 6 January 1948, local in- terests presented statements for consideration of: a. The construction of a small- boat harbor at the upper end of Hamm Island by excavating an area sufficient to accomodate 200- 300 boats. The location of the small-boat harbor as requested by local interests is essentially as pro- posed by Industrial Engineers, Inc., in their plan of development for Hamm Island. b. Dredging of the present harbor at the foot oY First Street to pro- vide easy access for commercial tows. Far the purpose of this re- port the dredging of the present commercial facilities is not consid- ered since this work is contemplat- ed under separate authority. A study of the plan for construc- tion of a small-boat harbor at the upper end of Hamm Island in ac- cordance with the desires of local interests has been completed, and it is estimated that approximately 105,677 cubic yards of material would be excavated to elevation 584.0 far a length of approximately 1,500 feet landward of the present shore line. Materials dredged would be utilized to construct a dike on three sides of the harbor to eleva- tion 609.0. The harbor would be 125 feet wide at flat pool elevation with 1 on 3 side slopes. The dike on the north side would be constructed with a 55-foot crown to provide the base for construction of an access road to the harbor, service area, and provision for parking. A map showing the proposed pro- ject as discussed in the preceeding paragraph is inclosed. It is estimated that the first casts of the proposed small-boat harbor would total $74,000. Of this total, approximately $53,000 would be borne by the Federal Govern- ment for clearing the land, dredg- ing the area and for placing riprap where necessary. Local interests would provide for the construction of a boathouse, access roads, etc., at an estimated cost of $21,000. The above figures do not include self-liquidating features which local interests would be required to pro- vide. For the emall•boat harbor, such facilities as slips and service facilities should be provided. This equipment is estimated to cost $17,000. The extent to which local inter- ests would be required to partici- pate in each of the features is list- ed below: a. Provide without cost to the United States al] necessary lands, easements, and right-of-way for the construction and maintenance of the project. b. Hold and save the United States free from damages due to construction and maintenance of the project. c. Provide and maintain without cost to the United States neces- sary mooring facilities and utilities, including a public landing with suit- able supply facilities open to all on equal and reasonable terms, in accordance with plans approved by the Chief of Engineers. d. Establish a competent and properly-constituted public body empowered to regulate the use, growth, and full development of the harbor facilities with the under- standing that said facilities shall be open to any on equal terms. e. Provide that the essential facilities, in connection with the small-boat harbor, will be operated without unreasonable profit; and provided that rental charges will be reasonable and subject to the approval of the Secretary of the Army. If you so desire, this office will be pleased to forward to higher au- thority areport recommending con- struction of the facilities described herein upon receipt of assurances that local interests are willing and able to co-operate to the extent out- lined above. Such assurances should be in the form of a letter from responsible city officials. In view of the fact that this report is scheduled for submittal to higher authority at an early date, it is re~ quested that Your reply be expedited. Yours very truly, R. L. DEAN Colonel, Corps of District Engineer. Incl. Map, Proposed Harbor Adjourned Regular Session, September 7th, 1948 403 Councilman Wharton moved that the communication be referred to the Board of Dock Commissioners for their recommendation and re- port and the U. S. Engineers Of- fice at Rock Island, Illinois, to be advised of the action taken by the City Council. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Communication of Ralph C. Gra- ham, State Director American Pub- lic Works Association, with refer- ence to membership in the Ameri- can Public Works Association, pre- sented and read. Councilman Mur- phy moved that the communication be referred to the City Manager for his recommendation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent-Councilman Thompson. August 30, 1948 To: Honorable Mayor and City Council of Dubuque, Iowa Dubuque Ready-Mix Concrete Co. hereby withdraws its application to open and extend Dodge Street, at this time, to the east as heretofore petitioned by the said company or asking for the opening or extension of any streets or crossings to the east across railroad tracks of the Milwaukee Railroad or Illinois Cen- tral Railroad. The above company also hereby states that it has no interest in seeing Railroad Avenue opened to the east across the tracks of the Illinois Central Rail- road and Milwaukee Railroad. The existing crossings at Jones and First Streets will be satisfactory to the undersigned in the conduct of its business operations. Very truly yours, DUBUQUE READY•MIX CONCRETE CO. By Floyd G. Rubey, Mgr. Councilman Wharton 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, Wharton. Nays - None. Absent -Councilman Thompson. Petition of Joseph Collins re- questing arefund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 112 as he has discontinued business on August 9, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Joseph Collins to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 112. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Petition of Mrs. Kate Capretz and Wm. Lembke requesting a re- fund in the amount of $75.00 on the unexpired portion of their Cigarette Permit No. 12 as they have discontinued business on August 31,1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Mrs. Kate Capretz and Wm. Lembke to cover the amount of refund granted on the unexpired portion of their Cigarette Permit No. 12. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Petition of Mrs. Kate Capretz and Wm. Lembke requesting a re- fund in the amount of $150.00 on the unexpired portion of their Class "B" beer permit No. 26 as they have discontinued business on Au- gust 31, 1948, presented and react. Councilman Moffatt moved that the request be granted a n d the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Mrs. Kate Ca- pretz and Wm. Lembke to cover the amount of refund granted on the 404 Adjourned Regular Session, September 7th, t948 unexpired portion of their Class "B" beer permit No. 26. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Petition of Anna Hamilton re- questing arefund in the amount of $75.00 on the unexpired portion of her Cigarette Permit No. 220 as she has discontinued business on September 7, 1948, presented and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of Anna Hamilton to cover the amount of refund granted on the unexpired portion of her Cigar- ette Permit No. 220. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton, Nays -None. Absent -Councilman Thompson. Petition of Anna Hamilton re• questing a refund in the amount of $150.00 on the unexpired portion of her Class "B" beer permit No. 63 as she has discontinued business on September 7, 1948, presented and read. Councilman Murphy moved that the tequest be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of Anna Hamilton to cover the amount of refund granted on the unexpired portion of her Class "B" beer permit No. G3. Seconded by Councilman Mof- fatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Petition of Wilfred E. Datisman et al requesting the instaliatfon of a street light at the intersection of Apple and Oak Streets, presented and read. Councilman Moffatt moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the fallaWing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Counciltan Thompson. Petition of Joe. Peter et al re- questing the installation of sewer and water mains on St. Ambrose Street to Seminary Street north, Haze] Street to Bunker Hill Golf Course Road, presented and read. Councilman Murphy moved that the petition be referred to the Coun• oil to view the grounds. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays - None. Absent -Councilman Thompson. Petition of H. A. Bischoff et al requesting that a sidewalk be or- dered constructed on the east side of State Street in front of Lot 1 of 17 and Lot 18, presented and read. Couucilman Murphy moved that the petition be referred to the City Manager and Sidewalk In- spector to view the grounds. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. Dubuque, Iowa, September 7,1948 Honorable Frank Van Duelman, Mayor A. A. Rhomberg, City Manager City of Dubuque City Hall Dubuque, Iowa Dear Sirs: I am an elector and a taxpayer of the City of Dubuque and, as such, am interested in the affairs of the City, and particularly the matters that affect the taxpayers. I am writing you pertaining to the legality of the past and fu• ture proceedings and action by the City in connection with the con- struction of airport hangar build- ings at the Municipal Airport, own- ed and operated by the City. I note that this project was originally advertised for construct- ion bids to be filed on or before Jnly I9, 1947 at 10:00 A. M. at the offfce of the City Manager in the Citp Hall. Bids were tendered Adjourned Regular Session, September 7th, 1948 4OS for the construction of the project and I am informed that such bids were subsequently rejected. Subse- quently, the City proceeded to do the work on a day labor basis and without a contract therefor, and without a bond being furnislt- ed for the faithful performance of such construction as is required by law. Quantities of material have been purchased by the City for this construction project and with- out previously advertising for bids therefor. The .law provides that contracts far the construction of such pro- jects shall be ]et to the lowest responsible bidder, and that upo~t the acceptance of a bid, a success- ful bidder must furnish a bond with proper surety conditioned for the faithful performance of the contract. The law, apparently, does not authorize or permit the pre- cedure which you have followed and are following. It is, therefore, respectfully re- quested that before the City pro- ceeds further with this project, that the matter be submitted to the Attorney General of Iowa for a ruling or opinion upon the legal- ity of this procedure. Please be advised that unless proper legal procedure is pursued in this matter, such action as may be necessary, will be taken to com- pel compliance with the law. Kindly advise me at once wheth- er or not the City will forthwith submit the matter to the Attorney General of Iowa for his ruling or opinion, and, also, what your fur• ther plans are in regards to the entire situation. Respectfully submitted, Helen C. Hennings. Councilman Murphy moved that the communication be referred to the City Solciitor for investigation and report. Seconded by Council- man Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent-Councilman Thompson. September 1, 1948 Mr. J. J. Shea City Clerk Dubuque, Iowa Dear Mr. Shea: Enclosed herewith is transmis- sion line easement to Interstate Power Company from Virginia- Carolina Chemical Corp. Yours very truly, City of Dubuque Board of Dock Commissioners By Carl F. Bartels, Engineer Councilman Moffatt moved that the communication and easement be received and filed. Seconded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen IVloffatt, Murphy, Wharton. Nays -None. Absent-Counciimau Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bond and policy and desire to have your approval on same for filing: EXCAVATION Curtis-Straub Company, 1069 Main Street, Bond No. MP57494, Cen- tral Surely ~ Ins. Corp. TAXICAB William Dye (Veterans Radio Cab Co.), 973 Main Street (rear), Pol- icy No. 36198, National Indemni- ty Co. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent-Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Councli, Dubuque, Iowa. Gentlemen: In the levying of the special as- sessment for the improvement of Forest Lane an error was inad- 4~ Adjourned Regular Session, September qth, 1948 vertently made in the assessment of Lot 1 of Bartel's Sub. owned by Robert Bartels, et al. The as- sessment roll lists this assessment for $636.92. This amount should have been $336.92, I recommend that the owners of the property be permitted to sat- isfy their assessment upon the pay- ment of $336.92 and that the City, from its improvement fund, pay the deficiency equal to $300:00. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Wharton moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Moffatt, Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your instructions the audit of the City's affairs for the period from April 1, 1946 through March 31, 1948 was made by Brooks, O'Connor & Brooks, cer- tified public accountants, and the same has been submitted to the State Auditor as provided by law. Herewith submitted are copies of this audit for the consideration of the Council. Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Murphy moved that the communication of City Man- ager Rhomberg and the audit be received and placed on file. Sec- ended by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None, Absent -Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The construction of the Vernon and Edina Streets sanitary sewer by the Thos, Flynn Coal Company has been completed according to the plans and specifications. Therefore, I recommend its ac- ceptance by the Council. Respectfully submitted, A. A. RHOMBERG City Manager. Councilman Moffatt moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Murphy Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent-Councilman Thompson. (A Reeolution Accepting Im- provement and Directing the Clerk to Publish Notice.) CITY OF DUBUQUE, IOWA RES0LUTION N0. 212.48 Whereas, the contract for the construction of an eight (8) inch vitrified the sanitary sewer for Vernon and Edina Streets begin- ning at the existing manhole lo- cated in mineral lot No. 176 and running southerly across mineral lot No. 176 and lot No. 72 oY Vaelk- er Highlands to the center of Edina Street, (M. H. No. 1) thence southerly across lots 1 and 2 of lot 'r3 of Voelker Highlands and lot 1 of Mount Pleasant addition to the center of Vernon Street, thence north easterly along the centerline of Vernon Street to a point 225 feet west of the west property line of Alta Vista Street; also from manhole No. 1 northeast- erly along the centerline of Edina St. to a point 225 feet west of the west property line of Alta Vista Street. has been completed and the City Manager has examined the work and filed his certificate stating that the same has been completed ac- cording to the terms of the con• tract, plans and specifications and recommends its acceptance, now therefore, BE IT RESOLVED, by the City Council of the City of Dubuque, that the recommendation of the City Manager be approved and that said improvement be and the same is hereby accepted and the Adjourned Regular Session, September 7th, 1948 407 City Engineer be and he is hereby directed to prepare a plat and schedule showing the lots or par- cels of real estate subject to as- sessment for said improvement and file the same in the office of the City Clerk subject to public in- spection and said Clerk shall upon receipt of such plat and schedule pt:blish the notice of the Council's intention to levy special assess- ments therefor, as required by law. BE IT FURTHER RESOLVED, that the City Treasurer be and he is hereby directed to pay to the contractor from the funds to be realized fi•om the sale of im- provement bonds issued upon the above described improvement in amount equal to the amount of his contract, less any retained per- centage provided for therein. Passed, adopted and approved this 7th day of September, 1945. Approved: FRANK VAN DUELMAN Mayor, F, W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman lllurphy moved the adoption of the resolution. Second• ed by Councilman Wharton. Car- ried by the fallowing vote: Yeas - ?Mayor Vau Duelman, Councilmen Moffatt, Murphy, Wharton. _._. Nays -None. Absent -Councilman Thompson. September 7, 1948. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of August 23rd the bids submitted for furnishing snow removal equipment for the airport were referred to the City Council, City Manager ar:d Airport Manager to view the equipment bid upon. After the equipment had been examined the Council decided to await the recommendation from the City and Airport Managers. Accordingly, we recommend that the Council award the contract to the Klauer Manufacturing Com- pany for the Snogo Model LMU mounted ou special four-wheel drive Model KB-0 Iriternational• Coleman chassis with truck load- ing attachment at the bid price of $14,225.00. Respectfully submitted, A. A. Rhomberg, City Manager. C. P. Oleson, Airport Manager. Councilman Murphy moved that the recommendation of City Man- ager Rhomberg and Airport Man- ager Oleson be approved. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays -None. Absent -Councilman Thompson. RESOLUTION N0. 213-48 WHEREAS, proposals have been submitted by contractors for the furnishing of one unit of the blow- er type of snow removal apparatus. Klauer Manufacturing Company has submitted the lowest bid for the furnishing of a Snowgo 41ode1 LMU mounted on special four- wheel-drive Model KB-7 Interna- tioc:al-Coleman chassis with truck loading attachment at the bid price of $14,225.00. BE iT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned equipment be awarded to the Klauer Manufacturing Com- pany and the Manager be and he is hereby directed to execute a contract on behalf of the City of Dubuque. BE IT FURTHER RESOLVED that this resolution being deemed urgent and of immediate recessi~y become effective from and after its passage and adoption by the City Council. Approved and placed on file for one week an September 7th 1948. Councilman Bloffatt moved ti:at the resolution be approved ar.d 408 Adjourned Regular Session, September 7th, 1948 placed on file for one week. Seo- onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, and Wharton. Nays -None. Absent-Councilman Thompson. August 25, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With reference to the claim of Mr, and Mrs. A. A. Jones, 2680 Greeley St.,for costs and expenses of cleaning their sewer. There is nothing set forth in the letter show- ing wherein the City was negligent in this matter. I recommend that the claim be denied. Yours truly, JOHN J. KINTZINGER City Solicitor Councilman Wharton moved that the recommendation of City Solici- tor Kintzinger be referred to the Council for their consideration. Sec- ouded by Councilman Moffatt, Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. RESOLUTION N0. 214-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having compligd with the provisions of law relat• ing to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to is- sae such permit on behalf of said City. NAME AND ADDRESS Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Cen• tral Avenue. Clarence Zenz and Marie Zenz, 509 Eighth Avenue Carl Noel, 1080 University Avenue. BE IT FURTHER RESOLVED that the bonds YBed with the appli• cations be approved. Passed, adopted and approved this 7th day of September, 1948. FRANK VAN DUELMAN Mayor, GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen, Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, tiVharton. Nays -None. Absent -Councilman Thompson. RESOLUTION N0. 215-48 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the fallowing 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 Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Cen- tral Avenue. William Hochberger, 1701 Asbury Street. Audrey J. Fesler, 553 Eighth Ave. Carl L. Noel, 1080 University Ave. Clarence Zenz and Marie Zenz, 509 Eighth Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Ave. Mrs. Margaret Barrington, 244 West First Street. J. Louis Spielman and Susan Spielman, 601 Rhomberg Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or• der of Moose, 1379 Central Ave. The Oasis Club, 998 Central Ave. CLASS "C" PERMIT Nations] Tea Company, 898 Main Street Tenenbom Super Market, Inc., 630 Locust Street. Mra. Wtlma Gloeckner, 343 Eighth Avenue. 00 y I ~ Adjourned Regular Session, September 7th, 1948 4a~ Passed, adopted and approved this 7th day of September, 1948. FRANK VAN DUELMAN Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. RESOLUTION N0.216-48 WHEREAS, heretofore applica• tions for Beer Permits were filed by the within named applicants and they have received the ap- proval 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 be and he is hereby directed to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT NAME Thomas R. Peed and Raymond G. Wunder (Change of address from 236 West 7th Street), 1006 Central Avenue. William Hochberger, 1701 Asbury Street. Audrey J. Fesler, 553 Eighth Avenue. Carl L. Noel, 1080 University Avenue. Clarence Zenz and Marie Zenz, 609 Eighth Avenue. Thomas F. McDonough and Ruth McDonough, 1052 University Avenue. Mrs. Margaret Barrington, 244 West First Street. J. Louis Spielman and Susan Spiel• man, 601 Rhomberg Avenue. CLASS "B" PERMIT FOR PRIVATE CLUB Dubuque Lodge No. 355, Loyal Or• der of Moose, 1379 Central Avenue The Oasis Club, 998 Central Avenue CLASS "C" PERMIT National Tea Company, 898 Main Street Tenenbom Super Market, Inc., 630 Locust Street Mrs. Wilma Gloeckner, 343 Eighth Avenue BE IT FURTHER RESOLVED that the bonds filed by such appli• cants be and the same are hereby approved. Passed, adopted and approved this 7th dap of September, 1948. FRANK VAN DUELMAN, Mayor. GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Socond- ed by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. There being no further business Councilman Murphy moved to ad• journ. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Wharton. Nays -None. Absent -Councilman Thompson. J. J. SHEA City Clerk. Approved ...................... .., 1949. Adopted ......... ... .. .., 1949. Councilmen: { .................................... Attest :.............................................. City Clerk. 410 Special Session, September 14th, 1948 City Council (OFFICIAL.) Special Session, September 14th, 1948. Council met at 7:30 P.M. Present - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Absent -City Manager Rhom- berg. Meeting called by order of Coun- cilmen Murphy and Thompson. Mayor Van Duelman read the call and stated that service there• of had been duly made and that this meeting is called far the pur- pose of considering bids submitted for the improvement of Dunleith Street from the west property line of Southern Avenue to the end and acting on any other business as may properly come before a regu- lar meeting of the City Council. Proof of publication, certified to by the publishers, of notice to con- tractors of the receipt of proposals for the improvement of Dunleith Street from the west property line of Southern Avenue to the end, presented and read. Councilman 11lurphy moved that the proof of publication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. I September 14, 1948 To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Pursuant to your instructions sealed bids were received until ten o'clock A.M. September 14, 1948 for the improvement of Dunleith Street from Southern Avenue to the end. , One bid was received from the D. C. May Construction Company as shown on the attached tabula- tion. Irecommend that single bid received be rejected on the grounds that the bid exceeds the Engineer's estimate by 21 per cent. Respectfully submitted, R. J. GALLAGHER City Engineer. Councilman Wharton moved that the recommendation of City En• gineer Gallagher be approved. Sec• onded by Councilman Moffatt. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the council Chamber, who wish• es to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Mayor Van Duelman submitted and read the following statement: With reference to the petition of The Key City Gas Company for increase in gas rates, this Council has investigated the petition and other information furnished by The Gas Company. It is the decision of the Council that before any action can be taken the Council will employ an expert on the question of gas rates and the operation of gas plants. He will make a thorough investigation in- to all questions bearing on the petition of The Key City Gas Company, As soon as we can se- cure the services of a competent and impartial expert it will be an- nounced and the investigation pro• teed. Councilman Moffatt moved that the statement be received and made a matter of record. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. (Awarding Contract) RESOLUTION N0. 213--48 WHEREAS, proposals have been submitted by contractors far the furnishing of one unit of the blow- er type of snow removal appratus, and Klauer Manufacturing Com- pany has submitted the lowest bid for the furnishing of a Snogo lliod- el LMU mounted on special four- wheel-drive Model KB•i Interna- Special Session, September 14th, 1948 41 I tional-Coleman chassis with truck loading attachment at the bid price of $14,225.00. BE IT RESOLVED by the City Council of the City of Dubuque that the contract for the above mentioned improvement be award- ed to Klauer Manufacturing Com- pany and the Manager be and he is hereby directed to execute a, contract on behalf of the City of Dubuque. BE IT FURTHER RESOLVEll that this resolution being deemed urgent and of immediate necessity become effective from ar.d after its passage and adoptio~i by the City Council. Approved and placed cn file for one week on September 7th, 1948. Passed and adopted Chis 14th day of September, 1948. FRANK VAN DUELMAN Mayor. F. ZV. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Counciinten. Attest: J. J. SHEA City Clerk. Councilman Murphy moved the adoption of the resolution. ~>eco?id- ed by Councilman Thompson. Car- ried by the following vae~ Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petitions presented by the Pres• cott School Parent Teachers Asso- ciation urging the City Council to reconsider their plans for making a boulevard of Twelfth Street, to- gether with a communication of the Board of Education, by Max R. Clark, Superintendent, endorsing the request of the citizens and pa• trons of the Prescott Elementary School urging the City Coun• cil to reconsider its plans for mak- ing aboulevard of Twelfth Street, presented and read. Ccuncilman Murphy moved that the petitions and the communication be referred to the Council for consideration. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Vaa Duelman, Councilmen Moffatt, 9lurphy, Thompson, Wharton. Nays -None. Notice of claim of Miss Dorothy Kruse in an unstated amouni for injuries received in a fill in a broken pipe on St. Amhrase Street, presented and read. Councilman Thompson moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Coutxilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffat':, Murphy, Thompson, Wharton. Nays -None. Notice of claim of Robert E. Lucy in the amount of $100.00 for in juries received by his four year old daughter, Betty Louise Lucy, for injuries received while sliding dawn a sliding board or sliding apparatus in the Eagle Point Fark, presented and read. Councilman Thompson moved that the notice of claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen ?Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of the Navy Club of Dubuque Ship No. 67 requesting permission for to hold their aimual Anchor Day Sales on Saturday, October 2nd, 1945, presented and read. Councilman Moffatt moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen NIoffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Clarence A. I~intzle et al requesting that Rosedaia 1ve- nue be designated a bauievarcl at the intersection of Roeedaie .ve- nue and Avoca Streei and that proper traffic signs be installal, presented and read. Conncilm:tn Mm~phy moved that the petitio,.~ be referred to the Chief of Police for recommendation and report. Sec- 412 Special Session, September 14th, 1948 onded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Frank Reis request- ing a refund in the amount of $75.00 an the unexpired portion of his Cigarette Permit No. 219 as he has discontinued business un September 7th, 1948, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 iu favor of Frank Reis to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 219. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, C a u n c i l m e n Moffatt, 111urphy, Thompson, Wharton. Nays -None. Petition of Frank Reis request- ing a refund in the amount of $100.00 on the unexpired portion of his Class "B" beer permit No. 12 as he has discontinued business on September 7th, 1948, presented and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 lr favor of Frank Reis to cuvee the amount of refund granted on the unexpired portion of his Class "B" beer permit No. 12. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Vau ])uelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. There being no further business Councilman Wharton moved to ad• journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. SHEA Cfty Clerk. Approved ............................. 1949. Adopted ........................ ..... 1949. Attest : .................................................. City Clerk. Special Session, September 24th, 1848 413 City Council (OFFICIA'L.) Special Session, September 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 Wharton and Moffat`.. Mayor Van Duelman read tiie call and stated that service there- of had been duly made and that this meeting is called for '.he pur- pose of considering plans for the dedication of the New 1unicipal Airport and acting on any other business as may properly coma before a regular meeting of the City Council. Councilman Wharton 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 Councihuan ~ Moffatt. Carried by tha following vote: Yeaa -Mayor Van Duelman, Councilmen Moffatt, Illurphy, Thompson, Wharton. Nays -None. The Aviation Committee of the Chamber of Commerca discussed with the City Council plans for the dedication of the New Municipal Airport and after a lengthy dis- cussion Councilman Moffatt: moved that the Aviation Committee of the Chamber of Commerce, which includes a member of the City Council and the Airport Manager, be authorized to proceed with the arrangements for the dedication of the New Municipal Airport to be held on October 24th, 1948. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas -Mayor Van P.uehnan, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of the American Bar Association extending invita• tion to the City of Dubuque to send the Police Judge and Prose• eutor of traffic cases to tha second annual Traffic Court Judges and Prosecutors Conference to he held at Northwestern University haw School on October 21, 22, 25, 26, 27, presented and read. Council- man Wharton moved that the Police Judge be authorized to at• tend the Conference at City ex- pense providing he finds it con- venient to attend. Seconied by Councilman Murphy. Carried by the following vote: Yeas -Mayor Vau Duelman, Councilmen Moffatt, 1Turpl:y, Thompson, Wharton. Nays -None. Commwrication of the American Society of Sanitary Engineering ex- tending invitation to tha City of Dubuque to send the Plnmbiug~ln- spector or one of the other Iieaith Officials to attend a two day e.lu- cation program - a iiefresher Course for Plumbing [i~spactor; and Health Officials to le hold October 17th and 18th in Phoe:ri>, Arizona, presented and road. Coun- cilman Murphy moved that the Plumbing Inspector be authorized to attend the Conference at Gicy expense providing that ne finds it convenient to attend. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duehuan, Councilmen Moffatt, :llarphy, Thompson, Wharton. Nays -None. Communication of the Ilenning- son Engineering Co, in raferenc~ to Senate Bill No. 413, Elimina- tion of Stream Pollution, and ad- vising Council that the bill as in• troduced provides that the Federal Government would pay a part of the cost of constructing sewage dis- posal plants, presented and read. Councilman Wharton moved that the communication be recuived and filed. Seconded by Coiancilmau Moffatt. Carried by tha following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, _TvInrphy, Thompson, Wharton. Nays -None. Councilman Wharton moved. that the City Manager be requested to 414 Special Session, September 24th, 1948 advise Council on the advisability of commencing construction of a sewage disposal plant and the ways and means of financing the project. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Communication of Ralph C. Graham, State Director, Ameri- can Public Works Association, iu reference to the City of Dubuque membership in the American Pub- lic Works Association, presented and read. Councilman \Vharton moved that the communication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Whartod. Nays -None. Petition of the Fulton Parent Teachers Association endorsing the Prescott School Parent Teach- ers Association opposition to mak- ing Twelfth Street a boulevard, presented and read. Councilman Moffatt moved that the petition be referred to the Council for con- sideration. Seconded by Council- man Wharton. Carried by the fo1- owing vote: Yeas -Mayor Van Duebnan, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of Dubuque Roofing Company asking that a !wc hour parking limit be installed in front of their place of business, present- ed and read. Councilman llnrphy moved that the petition be ;°eferred to the Chief of Police for investiga- tion and report. Seconded by Coun• Gilman Wharton, Carried by the fallowing vote: Yeas -Mayor Van Duehnan, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays - None. Petition of R. D. Hughes request- ing a refund in the amount of $75.00 on the unexpired portion of his Cigarette Permit No. 82 as he has discontinued business on Sep- tember 1, 1948, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $75.00 in favor of R. D. Hughes to cover the amount of refund granted oa the unexpired portion of his Cigar- ette Permit No. S2. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of R. D. Hughes request- ing a refund is the amount of $150.00 on the unexpired portion of his Class "B" Beer Permit No. 38 as he has discontinued. business on September 1, 1948, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $150.00 in favor of R. D. Hughes to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 38, presented and read. Councilman 14urphy moved that the request be granted and the City Auditor in- structed to draw a warrant in the amount of $150.00 in favor of R. D. Hughes to cover the amount of refund granted on the unexpired portion of his Class `B" Beer Per- mit No. 38. Seconded by Council- man Moffatt. Carried by the ibl- lowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Petition of John Blondin et al residents and fishermen of Dub- uque County calling the attention of the City Council to the need for improvements for the L a k e Peosta fishing area and also as to the conditions existing on the 16th Street extension, presented and read. Councilman Wharton moved that the petition be re- ferred to the Dock Board. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. Special Session, September 24th, 1948 415 Petition of A. J. Hartig et al, members and friends of the Dubuque County Conservation Society requesting that Lake Peos- ta be again made aclear-water lake of moving water by eliminating the stoppage of flow at Dock Street, at East 16th Street, and at or near the Interstate Power C o m p a n y plant at the foot of 8th Street in order to improve fishing and boating conditions in Lake Peosta area, presented and read. Council- man Murphy moved that the peti- tion be referred to the Dock Board. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas - ~ Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Fetition of A. C. Kintzinger re- questing that the Mayor and City Clerk be authorized to execute a Quit Claim Deed to the under- signed of any and all right the City might have in the easterly half of the alley from Coates Av- enue to the nm•therly line of Lot 6 of Concord Subdivision, pre- sented and read. Councilman Mur- phy moved that tl:e request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 217.48. WHEREAS, application has been made by A. C. Kintzinger for Quit Claim Deed to the easterly half (10 feet) of the alley first east of Concord Street running north- erly from Coates Avenue to the nm•therly line of lot 6 in Concord Addition; and WHEREAS, the Council h a s been fully advised in the matter and by Ordinance No. 21-45 vac- ated said alley; and WHEREAS, said Council are of the opinion that a Quit Claim Deed should be executed as prayed. Now, Therefore, Be It Resolved by the City Council of the City of Dubuque: That the Mayor and the Clerk of the City of Dubuque be, and they are hereby authorized and empowered to execute a Quit Claim Deed to A. C. Kintzinger convey- ing to A. C. Kintzinger all right, title and interest the City of Dubu- que may have in and to the east- erly half (10 feet) of the alley first east of Concord Street run- ning northerly from Coates Ave- nue to the northerly line of lot 6 in Concord Addition. Passed, adopted and approved this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: J. J. SHEA City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Murphy. Car- ried by the following vote: Yeas - lllayor Van lluelman, Councilmen Moffatt, Murphy, Thompson, Wl!arton. Nays -None. September 15, 1948. To the Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: Re: Avoca and Rosedale and petition of residents. The petition relative to the a- bove has been referred to me for investigation and ! eport. I have made an investigation and it is hereby recommended that at this street intersection that Rosedale be made a boulevard and that stop signs be erected on Avoea Street on both sides of Rosedale causing traffic to stop before entering Rosedale from Avoca Street on both sides. Respectfully yours, Jos. H. Strub, Chief of Police. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved and tha y 416 Special Session, September Zgth, 1848 proper proceedings ordered pre- pared. Seconded by Councilman Thompson. Carried by the follow- ing vote Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton, Nays -None. Dubuque, Iowa, September 15, 1948 To the Honorable Mayor and Members of the City Council, City of Dubuque, Iowa Gentlemen: Section 48.4 of the Code of Iowa, provides 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 approval the appointment of the following named persons to serve as Clerks of Election for each pre- cinct, who shall have charge of the election register for the Gen- eral Election of November 2nd, 1948. 1st. Precinct; Democratic -Mrs. Thos. O'Brien Republican -Mrs Lillian A. Jones 2nd. Precinct; Democratic -Mrs. Earl Donegan Republican -Mrs. Geo. R. Fox 3rd. Precinct; Democratic -Mrs. Vera S. McAllister Republican- Mrs. Eunice Kilby 4th Precinct; Democratic - Mary Hughes Republican -Mrs. isIartha Hunt 5th. Precinct; Democratic - I,aura E. Hohmann Republican- Mrs. Sadie H. Trader 6th Precinct; Democratic- Lillian Fleege Republican- Mrs. E. G. Forward 7th Precinct; Democratic - Cecelia Weber Republican -Mrs. Alexia Hanley 8th Precinct; Democratic- Mrs. Anna Weber Republican- Mrs. Jane Fuhrman 9th Precinct; Democratic- Belle Leidinger Republican - Mrs. Edna Widdowson 10th Precinct; Democratic- Stella Ball Republican -Mrs. Hattie Donatsch 11th Precinct; Democratic- Ida Murray Republican -Miss Carrie Saunders 12th Precinct; Democratic - Mrs. Marie Sand Republican- Mrs. Elroy Grashorn 13th Precinct; Democratic- Mrs. Freda Foell Republican - Mrs. Marguerite Liddle 14th Precinct; Democratic - Veronica Agard Republican - Mrs. llorothy Bauer 15th Precinct; Democratic - Alrs. P. N. Lucas Republican - Mrs. Helen Holmecker Respectfully submitted, J. J. Shea Commissioner of Registration. Councilman Wharton moved that the recommendation of the Com- missioner of Registration be ap• proved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Com- mission has considered further the petition of Grace Nagle requesting rezoning of property on the north side of West Fifth Street between the line of Paulina Street ex- tended and Alpine Street to Mul• tiple Residence classification and finds no reason to change its original recommendation. In view of the conviction of the Commission that this general area now consisting chiefly of two family and single family residences is not ready for a major switch to Multiple Residence class• ification, this request is equiv- alent to asking for the rezoning of a single piece of property, which as you know is unlawful. The Planning and Zoning Com- mission again respectfully recom- mends denial of the petition. Yours truly, Yours truly, Dubuque Planning & Zon- ing Commission R. D. Waller Acting Secretary, Special Session, September agth, 1848 417 Councilman Wharton moved that that the recommendation of t h e Planning and Zoning Commission be disapproved and the prayer of the petition granted and the City Solicitor instructed to prepare the proper proceedings. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. Councilman Murphy moved that the Building Commissioner, Plumb- ing Inspector and Electrical In- spector be instructed to enforce the provisions of the ordinances as to the issuance of permits be- fore any work is commenced. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelmen, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -' None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached pet- ition of Loras College asking vaca- tion of Helena Place, the Planning and Zoning Commission reviewed the situation and feels that it would be a mistake to vacate this short street. It serves as better of two restricted avenues oY ac• cess to the area back of the Aca- demy buildings for the Fire De- partment in particular and for traffic circulation generally. Therefore, the Planning and Zon• ing Commission respectfully re- commends denial of the petition. Yours truly, Dubuque Planning & Zon- ing Commission R. D. Waller Acting Secretary. Councilman Moffatt moved that the communication of the Plan- ning and Zoning Commission be referred to the Council to view the grounds. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas -Mayor Van Duelman, Coundilmen Moffatt, Murphy Thompson, Wharton. Nays -None. September 18, 1948 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In considering the petition of Joseph C. Poire et al asking vaca- tion of a 25 foot strip of land owned by the City of Dubuque at the northern edge of Finley's Ad- dition adjoining the Bunker Hill Golf Club property and the con- veying of same to him and others, the Planning and Zoning Commis- sion finds (1) that the petitioner presents no good reason why the City should not continue to own same, and (2) in view of the un- developed condition of the general area no public interest would be served by abandonment of said property by the City at this time. Therefore, the Planning and Zon- ing Commission respectfully rea ommends denial of the petition. Yours truly, Dubuque Planning & Zon- ing Commission ' R. D. Waller ~~eting Secretary. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be approved. Seconded by Councilman Moffatt. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. September 17, 1948 Honorable Mayor and Members of the City Council Dubuque, Iowa Gentlemen: With .reference to the claim of Robert E. Lucy against the City far $100.00 for damages because of injuries received by his daugh- ter, Betty Louise Lucy, on or about August 2Q, 1948, while sliding down a sliding board in E a g l e Point Park it is the law of the State of Iowa: "The construction and mainten- aince of a public -park by a mu- nicipality has been repeatedly held in this state to be a purely govern- mental function. Norman V. City of Chariton, 201 Iowa 279; Mocha 418 Special Session, September 24th, 1948 v. City of Cedar Rapids, 204 Iowa 51; Hensley v. Inc. Town, 203 Iowa 388; Rowley v. Cedar Rapids, 203 Iowa 1245. "The rule long established in this state is that a municipality in the exercise of its purely gov- ernmental function, is not liable for negligence. Saunders v. City of Fort Madison, 111 Iowa 102; Ford v. Board Park Commissioners 148 Iowa 1," It is my opinion that the City is not liable for negligence com• milted by officers acting in a governmental function, and that this claim be denied. Yours truly, John J. Kintzinger City Solicitor. Councilman Moffatt moved that the recommendation of City Solic- tor Kintzinger be approved. Sec- onded by Councilman Thompson, Carried by the fallowing vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. September 24, 1943 Honorable Mayor and Dubuque, Iowa Members of the City Council Gentlemen: With reference to the objections filed by Jamed D. Kritz and Anita Kritz and the Notice of Appeal to the District Court of Dubuque County, Iowa, wherein lot 23 of O'Neill's Subdivdiion No. 3 was assessed with a special assessment in the amount of $178.52 for the conatruction of a gutter and curb- ing on Gandolfo Street, it is shown on said assessment that the one quarter of the assessed value of said property amounts to $42.00. Under the Statute of Iowa the special assessment cannot exceed 25 per cent of the assessed valua• lion of the property as affixed by the Council. The objector has agreed to pay $60.52 in full pay- ment of the assessment which leaves a balance of $123.49 to be paid upon assessment. I recommend that upon payment of $60.52 by James D, Kritz and Anita Kritz, they be given a re- ceipt in full payment of the as- sessment and that the balance of the assessment in the amount of $123.49 be paid from the Consoli- dated Fund of the City of Dubuque. Yours truly, John J. Kintzinger City Solicitor Councilman Wharton moved that the recommendation of City Solic- itor Kintzinger be approved. Sec- onded by Councilman Murphy. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. September 18, 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 C i t y Water Works for the month of August, 1948, also list of claims and list of payrolls for which war- rants were issued for the month of August, 1948, Respectfully submitted, A. A, ftHOMBERG 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. RESOLUTION N0. 218-48 BE IT RESOLVED by the City Council of the City of Dubuque that the following, having com- plied with the provisions of ]aw relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. NAME AND ADDRESS Donald W. Schuster 2404 Central Avenue Effective 10 1 48. BE IT FURTHER RESOLVED that the bond filed with the ap- plication be approved. Passed, adopted and approved Special Session, September z4th, 1848 - 419 this 24th day of September, 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. Sec- onded by Councilman Moffatt. Car• ried by the following vote: Yeas -Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. RESOLUTION N0. 21948 WHEREAS, application for Class "C" Beer Permit has been submit- ted to this Council for approval and the same has been examined: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the following application be grant- ed and the license is to be issued upon the compliance with the terms of the ordinances of this City. CLASS "C" PERMIT NAME AND ADDRESS James M. Kane 1205 Cleveland Avenue. Passed, adopted and approved this 24th day of September, 1948. FRANK VAN DUELMAN Mayor. F. W. THOMPSON GEO. R. MURPHY ALBERT WHARTON W. W. MOFFATT Councilmen. Attest: City Glerk. Councilman Moffatt moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas - Mayor Van Duelman, C o u n c i ]men Moffatt, Murphy, Thompson, ~Vhartou. Nays -None. WHEREAS, the premises to be occupied by such applicant have been inspected and found to com- ply with the ordinances of this City and he has filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. CLASS "C" PERMIT NAME AND ADDRESS James M. Kane 1205 Cleveland Avenue. BE IT FURTHER RESOLVED that the bond filed by such ap- plicant be and the same is hereby approved. Passed, adopted and approved this 24th day of September, 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 Thomp- son. 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 Thompson. Carried by the follow- ing vote: Yeas - Mayor Van Duelman, Councilmen Moffatt, Murphy, Thompson, Wharton. Nays -None. J. J. Shea City Clerk. Approved .......... .. .. .. . 1949. Adopted ......... .... . ._ , 1949. ....RESOLUTION N0. 220.48 WHEREAS, heretofore applica- tion for Class "C" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and