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1941 July Council Proceedings1Ze~ular session, July 7th, 1941. @~b' ~~~~~AS (®fficial) P.egular Session, July 7th, 1941. Council met at 7:35 P. M. Present -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomber~. Mayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Communication of Board of Dock Commissioners certifying the amount of $32,237.00 as the amount required for Dock Operation for the fiscal year 1942-43 presented and read. Council- man Murphy moved that the commun- ication be referred to the Council for their consideration at the time the tax levy is being considered by the Coun- cil. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Albert Fluckiger et al re- questing the City Council to arrange to acquire, through purchase or lease, such off-street parking lots and to pro- vide funds for that purchase by includ- ing a one-mill tax when making up the schedule for tax levy this year unless funds for that purpose are available from other sources presented and read. Councilman Wharton moved that the petition be referred to the Council for consideration. Seconded by Council- man Murphy, Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Ddith Brother requesting the City Council to authorize the City Treasurer to accept the amount of $25.00 in full compromise and payment of the special assessments and interest which are unpaid against Lots 90, 91, 92 ar}d 93 of O'Neill's Riverview pre- sented and read. City Manager Rhom- berg recommending that the offer be accepted and said assessments are no longer collectable. Councilman Schuel- ler moved that the recommendation of City Manager Rhomberg be approved and that the prayer of the petition be granted and that the City Treasurer be instructed accordingly, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. I 169 Ordinance No. 18-41. An Ordinance amending an Ordinance entitled "Oa•- diuance No. 9-35," relating to restric- tions upon the sale of beer and malt liquors, providing for license fee by permit holders and the collection of said fee, providing for the regulation of classes of beer permits and the re- quirements to obtain said permits; pro- viding for the limitation of Class B Permits; providing for the enforcement and administration of said Ordinance; defining certain unlawful acts relating to the manner of sale, and distribution of beer and malt liquors; and to pro- vide penalties for the violation of the provisions of this Ordinance; repealing "Ordinance No. 19-38" and "Ordinance No. 7-40" and all Ordinances in con- flict herewith, said ordinance having been passed upon first and second read- ings on June 24th 1941, and ordered placed on file with the City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. ®I2DINt~1~CE N®. 18-41 An Ordinance amending an Ordi- nance entitled "Ordinance No. 9-35," relating to restrictions upon the sale of beer and malt liquors providing for license fee by permit holders and the collection of said fee, providing for the regulation of classes of beer permits and the requirements to obtain said permits; providing for the limitation of Class B Permits• providing for the enforcement and administration of said Ordinance; defining certain unlawful acts relating to the manner of sale, and distribution of beer and malt liq- uors; and to provide penalties for the violation of the provisions of this Ordi- nance; repealing "Ordinance No. 19- 38" and "Ordinance No. 7-40" and all Ordinances in conflict herewith. BD IT ORDAINDD BY THD CITY COUNCIL, OF THD CITY OF DUBUQUD: Section 1. Par 493 of Ordinance No. 9-35 is amended as follows: 000.00" s a ding serting hin 1 eurethereo~f the figues "$500.00." Amend Par. 493, Ordinance No. 9- 35, by adding thereto the following: "Said bond shall be further condi- tioned to the effect that the permittee and his surety, as a part of the permit granted hereunder, shall consent to forfeiture of the principal sum of said bond in event of cancellation of the permit as a result of charges filed and hearing had thereon as provided by the Statutes of Iowa and the Ordi- nances of the City of Dubuque." i"~J Regular Session, July 7th, 1941. Section 2. Par. 495 of Ordinance No. 9-35 is hereby amended by repeal- ing the same, and substituting the fol- lowing in lieu thereof: `'No Class "C" Permit shall be is- sued to any person except the owner or proprietor of a grocery store or pharmacy as those terms are herein- after defined. except as otherwise provided in this Ordinance a Class "C" Permit shall be issued by the City Council to any person who is the own- er or proprietor of a grocery store or pharmacy, who: 1. Submits a written application for a permit, which application shall state under oath: a. The name and place of residence of the applicant and the length of time he has lived at such place of residence. b. That he is a citizen of the State of Iowa. c. The place of birth of the ap- plicant and if the applicant is a nat- uralized citizen, the time and place of such naturalization. d. The location of the place or building where the applicant intends to operate. e. The name of the owner of the building and if such owner is not the applicant that such applicant is the actual lessee of the premises. 2. establishes: a. That he is a person of good mor- al character. 3. Furnishes a bond in the form and conditioned as prescribed and to be furnished by the state tax commis- sion, with good and sufficient sureties to he approved by the authorities to which stich application is submitted, cnndi±ioned upon the faithful observ- ance of this Ordinance, in the sum of five hundred dollars. "Grocery store" means and includes any retail establishment, the principal business of which consists of the sale of food or food products for consump- tion off the premises. "Pharmacy" shall mean a drug store in which drugs and medicines are ex- posed for sale and sold at retail, or in which prescriptions of licensed physi- cians and surgeons, dentists or veterin- arians are compousded and sold by a registered pharmacist." Section 3. Par. 505, Subdivision (B) of Ordinance No. 9-35, is amended as follows By striking the words "and in which the floor space devoted thereto is not less than 6000 square feet." Subdivision (B), Par. 505, Ordinance No. 9-35 is amended by adding there- to the following: (b-i) No dancing shall be permitted in connection with the operation of a beer business under a Class "B" li- ccnse unless the floor space used for clancuig purposes therein contain at least ti~-e hundred square feet, all of which shall be of the same general floor level as the place where the beer is dispensed; said space to be used for uaucing shall be in the same room as, or in a room adjacent to and opening directly from, the place where beer is dispensed and with a full view at all times of the major portion thereof from the place where beer is dispensed. Said floor space shall not be obstructed or crossed in any part or portion by partitions or other obstructions of any loud, except necessary structural posts, pillars or similar supports. (b-2) It is further provided that the holder of a Class "B" license where dancing shall be permitted in connec- tion therewith as herein provided, shall, at his own expense, provide for the at- tendance thereat, at all times during the hours when dancing is permitted. of a policeman ~vho shall be a member of the regularh~ constituted police force of the city, said officers shall wear the regulation police officer's uniform of said city; the provisions of sections b-1 and b-2 of this Ordinance shall not apply to any club holding a Class "B" Permit under this Ordinance or to hotels with fifty or more guest rooms where the operator thereof holds the Class "B" license in connection with w' ich dancing is permitted. (b-3) No booths shall be permitted or used in connection with the opera- tion of a beer business under any Class `'B" license issued in the Citv of Du- buque, unless the same are entirely open at one side with an unobstructed vic«~ therein from the rest of the room. The total height of any booth struc- ttu~e shall not exceed forty (40) inches, provided, L-otaever, that any person who is the holder of a Class "B" permit on the date when this Ordinance shall be- come effective, and whose place of business is, on said date, equipped with booths of a greater height than forty (-101 inches, but not to exceed fifty (50) inc?les, shall be permitted to con- tinue the use of the same for such period of time as said business is op- erated by him. In no event, however, shall any booth structure be of greater height than fifty (50) inches and no booths installed in the place of business of any Class "B" permit holder on or after the date when this Ordinance shall become effective, shall exceed forty (40) inches in height. 12e~ular session, July 7th, 1941. (b-4) The place of said busines, shall be lighted so that all objects are plainly visible at all times, and al parts of such place of business shal be illuminated to a minimum of tw: foot candles as measured by a foo candle meter at a plane of thirty inches above the floor line. Section 4. That the number of Clas: "B" Permits in the City of Dubuque he, and the same is hereby limited tc 127 Class "B" Permits. Section 5. No beer shall be sold or delivered or consumed by any person on the premises of any Class "B" Per- mit holder between the hours of twelve o'clock midnight on Saturday and sev- en o'clock of the following Monday morning. Section 6. It shall be unlawful for any person to sell, give or make avail- able to any minor or to permit any minor to purchase or consume any beer on the premises of a Class "B" or Class "C" Permit holder, or for any minor to buy or attempt to buy or to secure or attempt to secure beer from any person, and it shall further be unlawful for any person to offer beer, with or without consideration to any minor, except within a private home and with the knowledge and con- sent of the parent or guardian of said minor. Section 7. Par. 519, Ordinance No. 9-35 is amended as follows: By striking out of said Ordinance "except in the presence of parent or guardian," Section 8. Any person, firm or cor- poration ~vho violates any of the pro- visions hereof, shall, upon conviction, be punished by a fine of not to exceed $100.00 or by imprisonment not to ex- ceed 30 days in jail. Section 9. That "Ordinance No. 19- 38" and "Ordinance No. 7-40," and any and all other Ordinances or parts there- of in conflict herewith be, and the same are hereby repealed. Section 10 .This Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 24th day of June, 1941. Passed, adopted and approved upon final reading this 7th day of July, 1941. FRANK VAN DU~L,MAN, Mayor. F. W. THOMPSON, AL,B;?RT WHARTON, B. A. SCHU1~I,L>~R, G;~O. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Clerlc. 171 Published officially in The Tele-_, ~ ~ graph-Herald newspaperthis 9th day of July, 1941. 7-9-1t. City Clerlc. " Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van , ~%" Duelman, Councilmen Murphy, Schuel- E ' ler, Thompson, Wharton. Nays-None. _ 6= Councilman Schueller moved that the City Manager be instructed to have printed copies of the State I,aw and City Ordinances covering the sale of beer and that each permit holder be given a copy of the same. No second to the motion. To the Honorable Mayor July 7, 1941. and City Council, C Dubuque, Iowa, <~ Gentlemen: " This is to advise that I have approv- ed the following bond and desire to have your approval on same for filing; ' Personal Louis Francis Fautsch, Police Judge, The Aetna Casualty and Surety Com- pany. Respectfully submitted, A. A. RHOMBJ~RG, City Manager, Councilman Wharton moved that the bond be approved and placed on file. Seconded by Councilman Murphy. Car- ried by the "following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. July 7, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 2, 1941 the verbal request of Ernest Staheli and others for the extension of the water main on the Asbury and Carter Roads for approxi- mately 2,800 feet was referred to the City Manager and the Water Superin- tendent for investigation and report. We have examined the proposed location and find that it is the desire of the petitioners to begin at the pres- ent terminus of the 8" water main at the easterly entrance of the Home of the Good Shepherd. They propose that the main cross the Asbury Road at this point and then proceed on the southerly side of the Asbury Road to the Carter Road, crossing the Asbury Road again and continuing thence on the westerly _ side of the Carter Road to a point about 20 feet north of the main entrance to the Mt. St. Agnes I/i .~~,i F~~,I'~~~IV ', ~„~'~~ C ~i ,f,, ~, 172 Regular Session, July 7th, 1941. Novitiate. The dastance is as stated by the petitioners. At least one fire hydrant would be needed at the dead end for flushing purposes. We recommend that the petitioners be granted permission to extend an 8" water main as outlined above, the en- tire expense of the project to be han- dled by them, the work to be done ac- cording to Water Department specifi- cations and that on the completion of the work an agreement be entered into placing the main under the control of the City Water Department with the right to make further extensions there- to and the right to permit connections therewith to abutting property along the line thereof, subject to the rules and regulations of the said Water De- partment. Respectfully submitted, A. A. RHO1vIB$RG, City Manager. J. J. HAIL, Water Superintendent. Councilman Murphy moved that the recommendation of City Manager Rhomberg and Water Superintendent Hail be approved. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas -Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. July 7, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 24, 1941 the petition of D, I:. Cupps and others objecting to Alfred Polsean staking cows and calves in the neighborhood of Riker and Valley Streets causing a public nuisance be- cause of the bellowing and bawling of the animals was referred to the City Manager and Solicitor for investiga- tion and report. We have investigated this complaint and interviewed Mr. Polsean. It ap- pears that during the weaning period he tied the animals which caused the bellowing. Mr. Polsean has assured us that the nuisance will be abated. Respectfully submitted, A. A. RI~OMB);RG, City Manager. JOHN J. KINTZING~R, City Solicitor. Councilman Thompson moved that the communication of City Manager Rhomberg and City Solicitor Kintzing- er be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. 'I'o the Honorable Mayor and City Council, Dubuque, Iowa. July 7, 1941. Gentlemen: At the session of the City Council held May 21, 1941 the petition of Otto J. Schmid and others calling attention to the condition of the Madison Street steps and banisters was refererd to the City Manager and Building Commis- sioner for investigation and report. bVe find that the concrete steps from Madison Street to North Main Street were constructed in 1918 and 1919 at a cost of about $8,000.00. The orna- rnental railings were in large part des- troyed by vandals and replaced through the years by pipe rails. The precast stair treads have been broken repeated- ly and replaced tivith others. It appears that the steel reinforcing was originally placed so near the concrete surfaces that it was attacked by the elements causing it to rust and in turn disinte- grate the surface of the concrete beams and columns. The present condition of the steps is as follows: 40% of the stair treads are defective. 50% of the concrete stringers are defective. 30% of the columns are defective. 60% of the railings are defective. The ratio of the rise to the run of the stairs is poor, being 6" to 10/" instead of the more conventional 7" to 11" or 6T/z" to 12". The stairs are not in good condition and are in part dangerous. After ex- amination of the original plans and of the existing stairs, we estimate that to replace the defective parts and to put the steps in good safe condition will require an expenditure of about $1,000.00. Respectfully submitted, A. A. RHOMB~RG, City Manager. PAUI, ROSSITI~R, Building Commissioner. Councilman Schueller moved that the steps be either repaired or closed. No second to the motion. Councilman tiVharton moved that the matter of the condition of the Madison Street steps be referred to the City Council, City Manager and Building Commissioner to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Thompson, Wharton. Nays -None. Councilman Schueller not voting. Regular Session, July 7th, 1941. Councilman Wharton moved that the City 1\~Ianager be instructed to cause a survey to be made of the traffic over the Madison Street steps for atwenty- four hour three day period. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. July 7th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 30, 1941 the petition of A. ~. Loetscher requesting permission to connect L,ot 2 of 1 of 1 of Fremont Avenue Subdivision with the sewer on the opposite side of Fremont Avenue was referred to the City Manager for investigation and report. I have investigated and find that the above lot was assessed in the West Dubuque district for the pumping sta- tion, but not for abutting sanitary sew- er. In Decetnber, 1940 an 8" sanitary sewer tvas completed on the westerly side of Fremont Avenue, which was laid at a depth of 10 feet so that it could be extended to the easterly side of the street and thence southerly about 950 feet on Wartburg Place. It appears that at least another home is in prospect in this vicinity and 1, therefore, recommend that a plat and schedule be prepared showing the cost of a sanitary sewer crossing to the eastery= side of Fremont Avenue and thence southerly in the space between the curbing and sidewalk on Wartburg Place approfimately 950 feet. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Ivla}=or Van Duelman, Councilmen 1\Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. July 7th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held June 2, 1941, the petition of Rey- nold AicKeown and others requesting the construction of a sanitary sewer in English bane from Mt. I.,oretta Avenue to Southern Avenue was re- ferred to the Council to view the grounds. 173 The Council viewed the grounds and concluded that the property involved would not stand the assessment. I, therefore, recommend that the decision of the Council be confirmed and that the petition be received and filed. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman IViurphy moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council confirmed. Second- ed by Councilman Thompson. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. July 7th, 1941. To the Honorable IV) ayor and Cit~> Council, Dubuque, Iowa. Gentlemen; At the session of the City Council held June 24, 1941, I was instructed to prepare a plat and schedule showing the cost to be assessed against the abutting property owners for the con- struction of a sanitary sewer in Plum Street as petitioned by Nlrs. Susie Han- ... son and Mr. Frank Riniker. Herewith submitted is a plat and schedule together with a resolution of necessity for the construction of six inch sewer in Plum Street. Respectfully submitted, A. A. RHOIVIB~RG, City Manager. Councilman I\Iurphy moved that the communication of City Manager Rhom- berg be received and made a matter of record. Seconded by Councilman Z-Vharton. Carried by the following vote: Peas-Nlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 65-41. Preliminar}= approval of proposed plans, specifica- tions, form of contract, plat and sched- t?le and all other documents for the constrtction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly presented and read. Coun- cilman 1\It?rphy moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the follow- ing vote: Yeas-Mayor Van Duel- man, Councilien Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 66-41. Resolution of Necessity for the construction of a six (6) inch vitrified the sanitary sewer in Pltim Street from the present manhole in Rush Street to ttvo hundred and eighty (280) feet northerly presented Regular Session, July 7tlt, 1941. and read. Councilman Thompson moved that the resolution be approved and placed on file with the City Clerk for public inspection, Seconded by Councilman 1~Iurphy. Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 67-41. Resolution fixing date of hearing to be held at 7:30 P. l~I. in the Council Chamber at the City Hall on July 25th, 1941, upon the proposed plans and specifications and proposed form of contract and at the wine time to the boundaries of the proposed district, to the cost of the improvement, to the amount proposed to be assessed against any lot and to the passage of the proposed Resolu- tion of Necessity fo"r the construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hun- dred and eighty (280) feet northerly presented and read. Councilman Mur- phy moved the adoption of the resolu- tion. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, \Vharton. Nays-None. Resolution No. 68-41. Preliminary approval of proposed plans, specifica- tions, form of contract, plat and sched- ule and all other documents for the paving of West Third Street Thirty- two feet wide between curbs and gut- ters from the last property line of Burch Street to the last property line of Hill Street and Thirty-seven feet wide between curbs and gutters from the last property line of Hill Street to the West property line of Alpine Street south, with a one and one-half inch sheet asphalt pavement over as- phalt binder necessary to bring street to the proper crown presented and read. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote. Yeas-Mavor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Resolution No. 69-41. Resolution of Necessity for the paving of West Third Street Thirty-two feet wide be- tween curbs and gutters from the last property line of Burch Street to the last property line of Hill Street and Thirty-seven feet wide between curbs and gutters from the last property line of Hill Street to the West property line of Alpine Street south, with a one and one-half inch sheet asphalt pavement over asphalt binder necessary to bring street to the proper crown presented and read. Councilman Mur- phy moved that the resolution be ap- proved and placed on file with the City Clerk for public inspection. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 70-41. Resolution fixing date of hearing to be held at 7:30 P. NI. in the Council Chamber at the City Hall on July 25th, 1941, upon the proposed plans and specifi- cations and proposed form of contract and at the same time to the boundaries of the proposed district, to the cost of the improvement, to the amount pro- posed to be assessed against any lot and to the passage of the proposed Resolution of Necessity for the paving of Nest Third Street Thirty-two feet wide between curbs and gutters from the last property line of Burch Street to the last property line of Hill Street and Thirty-seven feet wide between curbs and gutters from the last prop- erty line of Hill Street to the West property line of Alpine Street south, with a one and one-half inch sheet as- phalt pavement over asphalt binder ne- cessary to bring street to the proper crown presented and read. Council- man Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Be It Resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the 1\~Ianager is directed to issue such permit on behalf of said City. Name Address Union League Club, 400' Iowa Street. Mrs. hizabeth Grimme, 310 last 30th Street. Nic Kintzinger, lagle Point Park. Be It Further Res bonds filed with the approved. Passed, adopted and 7th day of July, 1941. F. W. TH'OMPSON, AL,BIRT WHARTON, B. A. SCHUILLIR, G$O. R. MURPHY, Councilmen Regular Session, July 7th, 1941. 175 Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Mr. Harold Gantert, President of the Tavern Keepers Association, and other members of the Association addressed the Council requesting that the City Council restrict the number of Class "C" Beer Permits. Mr. Allan Conrad addressed the Council stating that he has filed an application for a Class "C" Beer Per- mit in conjunction with his grocery store at 1600 Lincoln Avenue and re- questing that said application be grant- ed. Councilman Schueller stated that Mr. Conrad was entitled to know whether or not he is to he given a permit and that the Council should vote Yes or No on his application. Councilman Schuel- ler moved that the application of Allan Conrad fora Class "C" Beer Permit be granted. No second to the motion. Councilman Murphy moved that the application of Allan Conrad for a Class "C" Beer Permit be referred to the Council until such time as the City So- licitor returns to the city. No second to the motion. Councilman Wharton moved that the City Council adopt a policy of limiting the number of Class "C" Beer Per- mits to the present number now in effect. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy and Wharton. Nays - Councilman Schueller. Councilman Thompson not voting. There being no further business Councilman Murphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. J• J• sH~A, City Clerk. Approved _________®_________®_®_1941 Adopted ________________________1941 ~__---°_e---m------__°_ Councilmen: ____ ____ I______________________ Attest: ___________________________®_e City Cleric. 1 v ~ iii, }, ~f3 +i q'r '' a ~,.: t',' ~;'~ sl li:: . I r d iii ,, ~ 176 Special Session, July 22nd, 1941. ~' ~ ct '° ~~ Alayor Van Duelman read the call ~~ ~ ~~ ~ ~ and stated that service thereof had been duly made and that this meeting is called for the purpose of approving (®fficial) the budget estimate of expenditures Special Session, July 22nd, 19=11, for the fiscal year beginning April 1, 19-~_, and ending March 31, 19-13, as a Council met at 7:30 P. M. basis for the tax levy for the year Present -Mayor Van Duelman, 19-41, the same to be collected in the Councilmen 1\Iurphy, Schueller, Year 19-42, and directing the City Clerk Thompson, Wharton, City l'Ianager to publish a notice of the date of pub- Rhomberg. lic hearing upon the same and acting on any other business as may properly Meeting called by order of Council- come before a regular meeting of the men Thompson and Wharton. City Council. BT3I3CE'I' ESTIMA'BE lax~1D REC®RD ®F F'ILIT~I City Estimate tiTOTIC~-The City Council of Dubuque of Dubuque County, Iowa, wiil meet August =4th, 1941, at 7:30 P. M., at the City Hall. Taspa}=ers will be heard for or against the following estimate of expendi- tures for the year beginning April 1, 19-42. A detailed statement of receipts and disbursements, both past and anticipated will be available at the hearing. 7-24-1t. J. J• SHLA, City Clerk. 1 2 3 4 ~ 5 i 6 expenditures for Year ~ ~ FUNDS O :-~ ~ 7 rn c~ --' -U w ~i r~ O o °` ~r c, • ~ M ~ ~_ ~ ~~ ~ ~ cd ~ 0 ~ ~~ p CL •r±N Y, ~ ~' N ct ~. a a~ ~ a -d ~ .w ~ ,~ ~~+ ._ ~~ S. V !J •~, y ~3 vi .. ;tl I~~H 7.. ~ y~ O '~ ro O `~ `ter cti ~~~ V '~ ~ ~i- r ~ ~~~ ~ .~ -y- ~-o ~ r ..~. ,V Cu L" A ~ f ~ rC General ________$ 237,233 $ 282,042 $ 2-10,971 ___ ______ $ 71,000)_________ Grading ________ 2-4,030 47,920 28,610 ___ ______ 16,610)_ ________ Improvement ___ 44,983 67,763 53,090 ___ ______ 38;090) 24-1,271 Sewer ----____-- 1,918 2,101 10,500 --- ------ - ------- )- --____-- L,ight ________-- 39,371 39,556 36,800 --- ------ - --------)- --____-- Consolidated Tax 369,971 ___ ______ 125 700 24 } 271 Waterworks ____ 327,279 143,567 175,550 20,000 , 155 550 _ , ________ Garbage Disposal 12,840 16,503 17,418 ___ ______ _ , ________ 17 448 Sno«= Removal__ 5,597 5,630 6,281 ___ ______ _ ________ , 6 281 Fire 1blaintenance 112,235 103,558 115,109 ___ ______ 1 000 , 11-1 109 Fire Lquipment_ 19,866 860 12,52.8 ___ ______ _ , ________ , 12 528 Road (Ag. band) 105 105 105 ___ ______ _ __ ______ , 105 Iam ewer ____ 15,274 16,343 13,121 ___ ______ _ ________ 13 121 Library- ________ 27,981 29,383 32,987 ___ ______ 2 000 , 30 987 Park ___________ 21,-197 21,658 2-1,060 1,500 , 750 , 21 810 Playground ____ 15,223 14,587 15,777 ___ ______ 3 075 , 12 702 Dock Operation_ ' 19,910 31,128 29,-1-18 3,000 , 9,000 , 17 448 Firemen s , Retirement ___ ' 21,}88 21,435 25,910 1,850 2,250 21 810 Policemen s , Retirement ___ 14,419 12,720 15,931 1,500 1 450 12 981 Emergency ____ 30,555 33,518 3-4,896 ___ ______ _ , ________ , 34 896 Dock Bonds ____ 36,219 34,355 38,52.1 3,000 _ ________ , 35 52.1 General Bonds _ 81,358 108,743 83,959 ___ ______ _ ________ , 83,959 Totals _______$1, 109,436 $1 ,033,755 $ 1,011,605 $ 30,850 $ 300,775 $ 679,980 1?stimated Tases per $1,000.00 of as sessed value $19.181. Taxable valuation ( 1940) ____ _________ ____________ ________ ____ _ $34 639 049 Moneys and credits 11loneys and credits (1910) n (1940) @ 6 Mills __ 2 Mills ____________ ________ , , ______ $ 9,352,139 __ ____________ ________ ______ $ 236,040 Special Session, July 22nd, 1941. 177 Resolution No. 72-41 Whereas, The Council of the City of Dubuque has duly considered and caused to be prepared the budget esti- mate of expenditures for the fiscal year beginning April 1, 1942, and end- ing March 31, 1943, as a basis for the tax levy for the year 1941, the same to be collected in the year 1942, and said budget having been duly approved by it; Now, Therefore, Be It Resolved by the City Council of the City of Dubuque that said bud- get estimate be and the same is here- by ordered filed in the office of the Clerk of Dupuque and the date of pub- lic hearing thereon is hereby fixed as the 4th day of Aupust, 1941, at 7:30 o'clock P. M. in the Council Chamber in the City Hall. Be It Further Resolved, That said Clerk be and he is hereby directed to cause said budget estimate of expendi- tures and proposed tax levy to be pub- lished in the official newspapers of the City of Dubuque and an official notice to be given of the time and place, when and where said budget estimate will be considered by said Council for final adoption, at which time and place tax payers will be heard for and against said estimate, said publication to be not less than ten (10) days be- fore said date of hearing. Be It Further Resolved, That in lieu of all of the separate annual levies for the General Fund, the Grading Fund, the Improvement Fund, the Sewer Fund and the electric bight and Pow- er Fund, there shall be levied one (1) tax which shall be designated as the "Consolidated Tax Levy." Passed, adopted and approved this 22nd day of July, 1941. FRANK VAN DU~LMAN, Mayor.... F. W. THOMPSON, AI,B)~RT WHARTON, BRN. SCHU)~I,I,J~R, G1O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman Murphy moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. NIr. Arvin Humke, representing a Committee of the American Legion addressed the Council, requesting that an appropriation be placed in the City Budget for the purpose of defraying the expenses of Memorial Day exer- cises. Communication of C. ~, Rhoades calling the attention of the City Coun- cil to the condition of the storm sewer and catch basin which is located in his yard in the rear of his property at 716 Alta Vista Street and suggesting that if it is possible that said storm sewer be removed from his property and if that is not possible then the storm sewer should be completely checked for leaks, repaired and enlarged pre- sented and read. Mr. C, ~. Rhoades addressed the Council and requested that the Council view his property. Councilman Wharton moved that the communication be referred to the Council to view the grounds. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Communication of City 1~mployees, Local Union No. 228, requesting 10 per cent increase in' wages for the members of the Street, Sewer and Gar- bage Departments for the fiscal year 1942 presented and read. Councilman Murphy moved that the communica- tion be referred to the Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen DZurphy, Schueller, Thompson, Whar- ton. Nays-None, Notice of Claim of Herbert F. Wit- ter in the amount of $11,05 for dam- ages sustained to his automobile while crossing the railroad tracks on Fast 29th Street presented and read. Coun- cilman Thompson moved that the No- tice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Power of Attorney of the Massachu- setts Bonding and Insurance Company appointing Russell Scherrer or Mona Roesner, individually as Attorney-in- Fact presented and read. Councilman Thompson moved that the Power of Attorney be received and placed on file. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murplhy, Schueller, Thompson, Wharton. Nays-None. 178 Special Session, July 22nd, 19418 July 16, 1941. City Clerk, City of Dubuque, Dubuque, Iowa. Gentlemen: You are hereby notified that the Fi- delity and Casualty Company of New York does hereby terminate tts liabil- ity under Plumbers Excavation Boud numbered 735674, heretofore issued to }-ou in the amount of $5,000 on Feb- ruary 11, 1926 as to future transactions of Edward T. Cleaver, 1032 Main Street, Dubuque, Iowa. This termin- ation takes effect immediately on re- ceipt of this notice. Yours truly, The Fidelity and Casualty Company of New York, By Albert E. Comstock, Jr., Attorney. Termination Notice No. 20-402. Councilman Murphy moved that the communication be received and made a matter of record. Seconded by Coun- cilman Thompson. Carried by the fol-. lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, tiVharton. Nays-None. July 18, 1941. City Clerk, City of Dubuque, Dubuque, Iowa. Gentlemen: You are hereby notified that the Fi- delity and Casualty Company of New York does hereby terminate its liabil- ity under Plumber's bond numbered 1794116, heretofore issued to the City of Dubuque, Iowa, in the amount of $5,000 on June 24, 1940, as to future transactions with George F. Pinslci, 485 Eighth Avenue, Dubuque, Iowa. This termination takes effect immedi- ately upon the receipt by yon of t'~is notice. Termination Notice No. 20404. Yours truly, The Fidelity and Casualty Company of New York, By Albert E. Comstock, Jr., Attorney. Councilman i~~furphy moved that the communication be received and made a matter of record. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, tiVharton. Nays-None. Communication of National Rivers and Harbors Congress extending invi- tation to the Mayor and members of the City Council to attend a special session of said Congress to be held iu 11liami, Florida, on November 13th and 14th, 1941 presented and read. Councilman Wharton moved that the communication be referred to the Coun- cil. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-tlfayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. July 10, 1941. bir. A. A. Rhomberg, City Manager, Dubuque, Iowa. Dear Sir: You will please find enclosed here- with signed copies of Easement and aiso Agreement with respect to pos- sible damage between the Dock Com- mission and the Bridge Commission. Inasmuch as the Barge Line is a lessee of the property, they are naturally a party to the Easement and Agreement. T!~e Other Agreement is one directly between the Bridge Commission and the Dock Commission in which the Barge Line is not interested. These copies are being forwarded to you for your records and file. Very truly yours, Board of Doclc Commissioners, By J. A. Kerper, Pres. Councilman Wharton moved that the communication of the Dock Board to- gether with the copies of Easement and also Agreement between the Dock Commission and the Bridge Commis- sion be received and placed on file. Seconded by Councilman Thompson. Carried by the following vote: Yeas -`Iayor Van Duelman, Councilmen Alurphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Frank E. Smith request- ing cancellation of penalties and inter- ~st on the 7th, 8th, 9th, and 10th in- stallments on special assessments lev- ied against the West 100 feet of the East 100 feet of Lot 17 of Sisters Addi- tion presented and read. Councilman 11lurphy moved that the petition be referred to the City Manager and City Treasurer for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas --~1lavor Van Duelman, Councilmen Murphy, Schueller, Thompson, \Vhar- ton. Nays-I~TOne. Petition of International Brotherhood of Electrical Workers, Local Union No. 263, requesting City Council to use their influence to the end that Dubuque people are employed on Du- buque jobs and in Dubuque positions presented and read. Councilman Mur- phy moved that the petition be receiv- ed and complied with. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the General Drivers & Helpers Local No. 421 requesting that twelve foot parking zones, for loading and unloading purposes only, be es- Special Session, July ZZnd, 1941. 179 tablished on the corners of the follow- ing streets: Main Street from Jones to 11th Street; Iaocust Street from 5th Street to 9th Sreet; Iowa Street from 6th Street to 9th Street; Central Avenue from 4th Street to 7th Street and from 12th Street to 1Z3th Street and 25 feet in front of Tenenbom's presented and read. Councilman Schuel- ler moved that the petition be referred to the Council for consideration, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of St. Paul's Mission House, $pworth, Iowa, requesting permission to stretch a banner across Main Street at Ninth Street presented and read. City Manager Rhomberg stated that on ac- count of no Council meeting being scheduled that he had granted the re- quest subject to council approval. Coun- cilman Wharton moved that the action taken by City Manager Rhomberg upon the petition of St. Paul's Mission House be approved. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of F. A. Nesler, Sr., request- ing that a grade be established on Jleanor Street in order that the Water Department may lay water mains pre- sented and read. Councilman Wharton moved that the City Manager be in- structed to have a proper grade es- tablished on Eleanor Street. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Mrs, August Klein re- questing that she be reimbursed in the amount of $34.25 for the unneces- sary excavation required to locate stopped sewer at 1922 Rosedale Street presented and read. Councilman Mur- phy moved that the petition be referred to the City Manager and City Solici- tor for investigation and report. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Mr. and Mrs. I, .~. Va- lenta et al requesting the rezoning of an area 100 feet by 100 feet at the northwest corner of West Locust and Foye Streets of I,ot 1 of 7 of ]Alen Blake's Subdivision from a Tv~o-Fam- ily Residence classification to Local Business presented and read. Council- man Schueller moved that the petition be referred to the Planning and Zon- ing Commission for their recommenda- tion and report. Seconded by Coun- cilman Alurphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of $. N. Joy et al request- ing that a street light be placed at the intersection of Milwaukee Avenue and Jackson Sreet presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller. Thompson, Wharton. Nays-None. Petition of G. C. Scherrer et al re- questing the installation of a street light at or near the intersection of 31st and Jackson Streets presented and read. Councilman Schueller mov- ed that the petition be referred to the Council for further consideration. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Council Proceedings for the month of April, 1941, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of April, 1941 be approved as printed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Council Proceedings for the month of May, 1941, presented for approval. Councilman Thompson moved that the Council Proceedings for the month of May, 1941 be approved as printed. Sec- onded by Councilman Wharton._ Car- ried by the following vote: Yeas - i~Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Communication of Chief of Police Strub recommending that the buses no~v traveling 13th Street from Main Street to Central Avenue be routed North on Main Street to L,oras Boule- vard, thence fast to Central Avenue, thence North on Central Avenue and continue on their regular route pre- sented and read. Councilman Murphy moved that the City Solicitor be in- structed to prepare the proper proceed- ings. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Sohueller, Thompson, uTharton. Nays-None. 1~0 Special Session, July 22nd, 1941. Dubuque, Iowa. July 11th, 1941. To the Honorable Nlayor and Members of the City Council, Dubuque, Iowa. Gentlemen: In accordance with the provisions of Chapter 2S9 of the Code of Iowa, 1939, the Civil Service Commission conducted competitive examinations for eligible list for appointtnent to po- sition of Ambulance Driver. The fol- lowing list shows the names of those who passed the examination with an average of 70°fo or better. This ex- amination `vas held on July 10th, 1941. Name Average Fred George I,ay ____________8.1.66jo Gus Edward Fecker __________81.33"; Michaei D, Mellon ____________78.33gb Russell I3. Gantenbeiu ________77.66°Jo Leonard J. Anglin ____________72.OOr/o JOHN SCHA~TZL~, Chairman. C. S. HARK~R, FRANCIS P. QUINN, M. D., Commissioners. State of Iowa, County of Dubuque, ss Subscribed and swort~to before me a Notary Public in and for Dttbuque County, State of Iowa, this 11th day of July, 1941. JOHN A. BRADY, Notary Public. Councilman Murphy moved that the report of the Civil Service Commission be received and made a matter of rec- ord. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Il/urphy, Schueller, Thompson, Wharton. I~Tavs-None. July 22, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen This is to advise that I have approv- ed the following bonds and desire to have your approval on same for filing Personal $sther Fritschel, Stenographer and Clerk, City Water Dept., Mass. Bonding & Ins. Co. of Boston, Mass. Allen C. Kane, Clerk, City Water Dept., Mutual Surety Co. of Iowa. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the bonds be approved and placed on tile. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men 1\Iurphy, Schueller, Thompson, Wharton. Nays-None. July 10, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreational Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the monti~ of June, 19.11. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-1llayor Van Duelman, Council- men Alurphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 73-41 Whereas, Heretofore application was filed b}~ the within named applicants for Class "B" Beer Permit and has received the approval of this Council; and ZVhereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: Noty, Therefore, Be It Resolved by the Council of the Cit}- of Dubuque that the 1Vlanager be and he is hereby directed to issue to tLe following named persons a Beer Permit. Glass "B" Permit Name Address John J. Grommersch and Frances Grommersch, 55 hest Seventh Street. Be It Further Resolved that the bond filed by such applicant be and the same is-hereby approved. Passed, adopted and approved tltis 22nd day of July, 1941. FRANK VAN DUDLMAN, Mayor. F. ~~T. THOI\~IPSON, ALBERT WHARTON, B, A. SCHUI;LL~R, GDO. R. MURPHY, Councilmen. Attest: J. J. SHDA, City Clerk. Special Session, July 22nd, 1941. 1~1 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Whartou. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Resolution No. 74-41 Be It Resolved by the City Coun- cil of the City of Dubuque that the the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers tivithin said City and the Manager is directed to issue such permit on behalf of said City. Name Address John J, Grommersch, 55 fast 7th Street. Be It Further Resolved that the bond filed tivith the application be ap- proved. Passed, adopted and approved this 22nd day of July, 1941. FRANK VAN DURI,MAN, F. W. THONIPSON, Mayor. AI,B~RT WHARTON, B. A. SCHU$L,L,J~R, GAO. R. MURPHY, Councilmen. Attest: J. J, SHWA, City Clerk, Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. J. J• SHI;A, City Clerk, ,1 Approved ----------------------1941. 1 r Adopted _______________________1941. Councilmen {___________________ Attest: ----------------------------- City Clerk. di=1; ~_ `"' ~,;' k, Flo, *; I~ ~~,. g ,I iI lI `~~.. ~~ I 182 Special Sessiott, July 25th, 1941. .:~ (Official) Special Session, July 25th, 1941. Council met at 7:35 P. Ni. Present -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Rlanager Rhomberg. Meeting called by order of Council- men Schueller and Murphy. 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 conducting a public hearing upon the proposed plans and specifications, form of con- tract, cost of construction and resolu- tion of necessity for the paving of ZVest Third Street from the east prop- erty line of Burch Street to the west lroperty line of Alpine Street south and also upon the proposed plans and spec- incations, form of contract, cost of ~,onstruction and resolution of neces- sity for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly and acting upon any other business as may properly come before a regular meeting of the City Council. Street from tJte east property line of Burch Street to the west property line of Alpine Street south presented and read. Councilman Thompson mov- ed that the proofs of publication be received and filed. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Dubuque, Iowa. July 25, 1941. 304 West Third Street Honorable Nlayor and Members of the City Council, Dubuque, Iowa. Gentlemen: The undersigned owners of property on Nest Third Street between Burch Street and James Street protest against the proposed new paving on said block on West Third Street as the pavement on this ttlock is in present pretty fair condition and all it needs is a little patching here and there to make a servicable street. To impose the large burden of an entirely new pavement on this particular block between Burch and James Streets ~'e feel would be an unfair matter and we respectfully urge that this particular block between Burch Street and James Street be left ottt of said proposed improvement as all this particular block needs is a lit- tle patching to make the pavement in this particular block servicable in every way. Trusting that your honorable bod}= will accede to this request, we beg to remain, Respectfully submitted, P)~T$R H. McCARTHY, Councilman Wharton moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded b}= Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon the plans and specifica- tions, form of contract and cost of construction for the paving of West Third Street from the east property line of Burch Street to the west prop- erty line of Alpine Street south pre- sented and read. Councilman Thomp- son moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improve- ment for the paving of West Third Mr. Peter McCarthv addressed the Council requesting that the block o?1 Nest Third Street between Burch and James Streets be eliminated from the proposed paving of West Third Street for the reasons as outlined in his pe- tition of protest. Councilman Thompson moved teat the petition of Peter H. McCarthy protesting against the proposed paving of ZVest Third Street bete=een Burch and Tames Streets be received and made a matter of record. Seconded by Coun- cilman Murph}*. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen IVIurphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 75-41. Decision of Cottncil upon objections to plans, specifications, forms of contract and cost of improvement for the paving of Nest Third Street from the east property line of Burch Street to the west property line of Alpine Street south presented and read. Council- man Thompson moved the adoption of the resolution. Seconded by Council- ~.., Special Session, July 25th, 1941m man Murphy. Carried by the follow- ing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 69-41. Resolution of Necesity for improvement for the paving of West Third Street from the east property line of Burch Street to the west property line of Alpine Street south, said resolution having been in- troduced, approved and ordered placed on file with the City Clerk on July 7th, 1941, presented and read, Coun- cilman Thompson moved the adoption of the resolutton. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 76-41. Resolution ordering construction for the paving of West Third Street from the east property line of Burch Street to the west property line of Alpine Street south and directing the City Cleriz to advertise for proposals for said paving presented and read. Councilman Mur- phy moved the adoption of the resolu- tion. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schuelllar, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon the plans, specification, form of contract and cost of construc- tion of a six inch vitrified the sanitary sever in Plum Street from the present manhole in Rush Street tv~~o hundred and eighty feet northerly presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of improve- ment for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly presented and read. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 77-41. Decision of Council upon objections to plans, specifications, form of contract for the construction of a six inch vitrified the 183 sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly pre- sented and read. Councilman Whar- ton moved the adoption of the resolu- tion. Seconded by Councilman Ivlur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men :Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 66-41. Resolution of Necessity for improvement for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly, said resolution having been introduced, ap- proved and ordered placed on file with the City Clerk on July 7th, 1941, pre- sented and read. Councilman Mur- phy moved the adoption of the resolu- tion. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 78-41. Resolution ordering construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eight}~ feet northerly and directing the City Clerk to advertise for proposals for the construction of said sewer present- ed and read. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Mrs. B. I,. Baumhover et al requesting the extension of a san- itary sewer from Stetmore Street to the last I,ot at the intersection of Fre- mont Avenue and U.S. 20 presented and read. Councilman Wharton mov- ed that the City Manager be instructed to prepare a plat and schedule show- ing the cost to be assessed against the abutting property owners for the construction of a proposed sanitary sewer from Stetmore Street to the last lot at the intersection of Fremont Ave- nue and U. S. 20. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of John Spark et al request- ing the rezoning of the northerly 15 feet of L,ot 3 of Randall's Sub. No. 2 from a Ttvo-Family Residential to a Local Business District presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Thompson, Car- Special Session, July 25th, ried by the following vote: Yeas - IVIayor Van Duelman, Councilmen 1\Iurphy, Schueller, Thompson, Whar- ton. Nays-None. Petition of Henry Herrmann et al protesting against the proposed dis- mantling and discontinuance of the Seventeenth Street stairs presented and read. Councilman Alurphy moved that the petition be referred to the Council for consideration. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. in other comparable cities, the Planning and Zoning Commission presents for your consideration the attached set of Subdivision Rules, and subject to your approval, recommends the drafting and enactment of a suitable ordinance at your earliest convenience. Such an or- dinance will be helpful as a guide to subdividers, and will serve to complete the Planning and Zoning regulations of the City of Dubuque. Respectfully submitted, R. V. McKAY, Secretary. Planning and Zoning Commission. Petition of City of Dubuque Bridge Commission requesting the City Coun- cil to cause the removal of the loading platform which adjoins the north side of the Swift & Company building lo- cated at Dodge and Locust Streets pre- sented and read. Councilman «rhar- ton moved that the petition be referred to the Council for consideration at a meeting to be held at 7:30 P. M. July 29th, 1941 and the interested parties to be notified that they may be pres- ent at said meeting. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Nlayor Van T_?nelman, Councilmen l~lurphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of Burlington Cham- ber of Commerce extending invitation to the 1\~Iayor and members of the City Council to attend Burlington's Nation- al Defense Day ceremonies to be held July 31, 1941 presented and read, -Coun- cilman Murphy moved that the com- r_iunication be referred to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ~Vhar- ton. Nays-None. Petition of Ralph W. Coates re- questing that he be given rubbish col- lections in the North ;~nd of the City for to fill Lot No. 106 Linehan Parlc Addition presented and read. Coun- cilman Murphy moved that the peti- tion be referred to the City Manager and Street Superintendent. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen After a thorough study of the gen- eral subject of land subdivision, the basic requirements necessary to the orderly development of proper, health- ful, beautiful city additions, and an in- vestigation of the regulations in effect Councilman Murphy moved that the communication of the Planning and "Coning Commission together with the attached set of Subdivision Rules be referred to the City Manager and City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas- 1layor Van Duelman, Councilmen IVIur- phy, Schueller, Thompson, Wharton. Nays-None. To the Honorable Mayor attd City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of ~u- gene F. Hickey asking rezoning of property in Sub of Out Lot No. 724 to IVlultlple Residence Classification the Planning and Zoning Commission recommends to your honorable body the granting of said petition, Respectfully submitted, R. V. McKAY, Secretary. Planning and Zoning Commission. Councilman Thompson moved that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas 1\Ia}ror Van Duelman, Councilmen 1~Iurphy, Schueller, Thompson, Whar- ton. Nays-None. To the Honorable Mayor and City Council,, Dubuque, Iowa. Gentlemen: With respect to petition of Frank M. Kelly asking extension of Local Business District on Lot 1 of 2 of 1 of M. L. 67, the Planning and Zoning Commission respectfully recomtrtends the granting of the petition and that said district be extended easterly 160 feet to a line parallel to the east boun- dary of Lot 1 of 2 of 1 of 1 of M. L. a, Special Session, July 25th, 1941. 67, and the entire Local Business Dis trict as thus extended be extender northerly to a total depth of 150 fee from the south property line of sucl ~I. L. 67 along Dodge Street at thi point, all as per attached plat. Respectfully submitted, R. V. McKAY, Secretary Planning and Zoning Commission Councilman Thompson moved tha the recommendation of the Planninc and Zoning Commission be approve< and the City Solicitor to be instructec to prepare the proper proceedings Seconded by Councilman Schueller Carried by the following vote: Yea: .l4ayor Van Duelman, Councilmen 3lurphy, Schueller, Thompson, Whar- ton. Nays-None. July 24, 1941, '1'o the Honorable 1\~Iayor and City Council, Dubuque, Iowa. Gentlemen: The drawings submitted by Mr. Kel- ly indicate that he contemplates install- ing aTourist Camp in connection with his oil station on Dodge Street and the Planning and Zoning Commission takes the liberty to draw to the at- tention of the City Council that Tour- ist Camps and Trailer Camps are not permissable under the ordinance as no~v enacted. If your honorable body is favorable to the establishment of such camps within the City Limits, may we suggest that now is perhaps a good time to draw up proper regula- tions to cover same. Such regulations covering location, building, health and hotel features would naturally command the study and consideration of other city departments as well as that of the Planning and Zoning Commission which has gn~en the matter some study and hence a general conference ou the matter might prove profitable. This is rnly a suggestion and if you have other plans we are always at your com- mand. Respectfully submitted, R. V. McKAY. Secretary. Planning and Zoning Commission. Councilman Wharton moved that the Planning and Zoning Commission be informed that' the City Council is in- terested in their suggestion and would like to have the Planning and Zoning Commission submit to the City Coun- cil their written suggestions for the handling of Tourist Camps and Trailer Camps and also as to the Zones in which they would he permitted. Sec- onded by Councilman Murphy, Car- ried by the following vote: Yeas - ILlayor Van Duelman Councilmen 185 Murphy, Schueller, Thompson, Whar- ton. Nays-None. There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men llurplty, Schueller, Thompson, Wharton. Nays-None. City Clerk. Approved ----------------------1941. Adopted -----------------------1941. Councilmen ~ _______________________ Attest: ----------------------------- City Clerk. ~,rl,y,, ~,,, 186 i 1 e Sion uI 29th 1941. ec a S s S 9 9 Jv P i ,; f i = ` s. °' _ _ ~. ~ (®fficial) Special Session, July 29th, 1941. Council met at 7:45 P. M Present -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City IVlanager Rhomberg. IVleeting called by order of Council- men ~\Tharton 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 consider- ing the petition of the City of Du- buque Bridge Commission requesting the City Council to cause the removal of the loading platform on the north side of the Swift and Company build- ing located on Dodge Street and act- ing on airy other business as may prop- erly come before a regular meeting of the City Council. Petition of F. N. Russo et al re- questing the rezoning of I,ot 1 of Smyth`s Subdivision and the Alley im- mediately adjacent thereto from a sin- gle family residence district to a mul- tiple family residence district presented and read. Councilman Murphy moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ZVhar- ton. Nays-None. July 29, 1941 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held July 25, 1941, the petition of Frank ~. Smith asking for the cancellation of penalties and interest on the 7th, 8th, 9th, and 10th installments of the special assessments for the West Du- buque Sewer against the West 100 feet of the fast 200 feet of I,ot 17 of Sis- ter's Addition was referred to the Citv Manager and Treasurer for investiga- tion and report. tiVe have searched the records and find that this property was assessed for the West Dubuque Sewer (Fund 903) on December 22, 1930. The first six installments were paid. The con- dition of this account with penalties computed to August 1, 1941 is as fol- lows: 7th Payment due April 1, 1937 ---------------------$5.54 $ Interest to April 1, 1937_ 1.12' Advertising Cost _______ .30 Penalty to Aug. 1, 1941_ 2.24 8th Payment due April 1, 1938 ------------------- 5.54 Interest to April 1, 1938_ .84 Advertising Cost _______ .30 Penalty to Aug. 1, 1941__ 1.91 9th Payment due April 1, 1939 ------------------- 5.54 Interest to April 1, 1939_ .56 Advertising Cost _______ .30 Penalty to Aug. 1, 1941_ 1.28 10th Pa}-ment due April 1, 19-10 ------------------- 5.54 Interest to April 1, 1940_ .28 Advertising Cost _______ .30 Penalty to Aug. 1, 1941_ .70 Totals ______________$26.16 $6.13 We recommend that upon the pay- ment of $26.16 by Frank ~. Smith by August 1, 1941 that a warrant be or- dered drawn in the amount of $6.13 on the Improvement Fund in payment of the penalties. Respectfully submitted, A. A. RHOMB~RG, City Manager. OTTO F. PUI•S, City Treasurer. Councilman Wharton moved that the recommendation of City Manager Rhomberg and City Treasurer Puls be approved and that the City Audi- tor be instructed to draw a warrant in the amount of $6.13 on the Improve- ment Fund in payment of the penal- ties ou the 7th, 8th, 9th, and 10th in- stallments of the special assere~sments for the Nest Dubuque Sewer against the Nest 100 feet of the );ast 200 feet of I,ot 17 of Sister's Addition. Sec- onded b_v Councilman Schueller. Car- ried by the following vote: Yeas - llayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution 1Vo. 79-41 Whereas, The Planning and Zoning Commission of the City of Dubuque recommended to the City Council that the Zoning ~-Sap be changed in the following respects: By changing from two-family residence district to multi- ple residence classification, the follow- ing described property: Lots 1 to 18 inclusive in Sub. of Out I,ot No. 724 in the City of Dubuque, Iowa, Special Session, Jtaly 29th, 1941. 187 Whereas, Before said Zoning Nlap may be thus amended and changed, it is necessary that a public hearing be held thereon: Now, Therefore: Be It Resolved by the City Council of the City of Du- buque: That said recommendation, be, and the same is hereby approved, and the City Clerk, be, and he is hereby direct- ed to cause to be published in the Du- buque Telegraph-Herald and the Du- buque Daily Tribune notice of public hearing to be held by this Council upon the proposed change and amend- ment, the date of said hearing being hereby fixed at 7:30 P. M., on the 21st day of August, 1941, and to be held in the Council Chamber in the City Hall, said notice to be published so as to leave at least fifteen (15) days between the day of publication thereof and the time fixed for said hearing. That at said hearing parties interested and citizens shall have an opportunity to be heard. Passed, adopted and approved this 29th day of July, 194E FRANK VAN DUBL,MAN, Mayor. F. W. THOMPSON, AI,B)~RT WHARTON, B. A. SCHU>~I.I.ER, G>~O. R. MURPHY, Councilmen. Attest: J. J. SH;~A, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 80-41 '.v..~ . Whereas, The Planning and Zoning Commission of the City of Dubuque recommended to the City Council that the Zoning Map be changed in the following respects: By changing from two-family residence district to local business district classification, the fol- lowing described property: That the local business district, 90 feet by 384 feet, now existing on the North side of Dodge Street where Dodge Street intersects v*ith Bryant Street, be extended east- erly 160 feet to aline parallel to the east boundary of L,ot 1 of 2 of 1 of 1 of Mineral I,ot 67 in the City of Dubuque, and be extended northerly to a total depth of 150 feet from the south property line of such Mineral I,ot 67 along Dodge Street all as shown in a plat now on file in the office of the City Clerk. Whereas, Before said Zoning Map may be thus amended and changed, it is necessary that a public hearing be held thereon: Now, Therefore: Be It Resolved by the City Council of the City of Du- buque: That said recommendation, be, and the same is hereby approved, and the Cityt Clerk, be, and he is hereby darect- ed to cause to be published in the Du- buque Telegraph-Herald and the Du- buque Daily Tribune, a proposed change and amendment, the date of said hearing being hereby fixed at 7:30 P. M., on the 21st day of August, 1941, and to be held in the Council Chamber in the City Hall, said notice to be published so as to leave at least fifteen (15) days between the day of publication thereof and the time fix- ed for said hearing, That at said hear- ing parties in interest, and citizens shall have an opportunity to be heard. Passed, adopted and approved this 29th day of July, 1941. FRANK VAN DU$L,NIAN, F. W. THOMPSON, Mayor. AI,BRRT WHARTOIQ, B. A. SCHUEL,I,$R, GBO. R. MURPHY, Councilmen. Attest: J. J. SHBA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 19-41. An Ordinance Amending Ordinance No. 12-1938 "Au- thorizing the Interstate Power Com- pany to substitute motor bus trans- portation for street railway transporta- tion, designating motor bus routes," by changing certain defined motor bus routes and by repealing any and all ordinances or parts thereof in conflict herewith presented and read. Coun- cilman Thompson moved that the read- ing just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Alurphy, Schueller, Thompson, Wharton. Nays-None. The ordi- nance was then read a second time. lgg Special Session, July 29th, 1941. Councilman Thompson moved that the reading just had be considered the second reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Ivlurphy, Schueller, Thompson, Whar- ton. Nays-None. Councilman Thomp- son moved that the ordinance be plac- ed on file with the City Clerk for pub- beforesprtsi finaloradopdont Seco ded the following vot ch Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the City of Dubuque Bridge Commission requesting the City load ng platform w'hichmadjoinsf the north side of the Swift & Company building located at Dodge and Locust Streets presented and read. Council- man Wharton moved that the rules be suspended for the purpose of al- lowing any one present in the 'Coun- cil Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. ~. Marshall Thomas, Attorney, repre- senting the City of Dubuque Bridge Commission addressed the Council m support of the petition of the City of Dubuque Bridge Company, and urg- ing Council to order the removal of said platform. Herbert J Hoffmann, Attorney, representing Swift and Com- pany addressed the Council objecting to Swift and Company bearing any expense for the construction of the bridge and urging Council not to order removal of their platform as requested in the petition of the City of Dubuque Bridge Commission. Councilman Wharton moved that Council recess. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Nfurphy, Schueller, Thompson, Wharton. Nays-None. Council recessed at 8:55 P. M. and reconvened at 9:20 P. M. that the Bond be approved and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. There being no further business Councilman Thompson moved to ad- journ, Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. J. J. Sx~A, City Clerk. Approved _1941. Adopted _______-1941. Councilmen i----------------------- --- Attest: ----------------------------- City Clerk. Councilman Wharton moved that the petition of the City of Dubuque Bridge Commission requesting the City Council to cause the removal of the loading platform of Swift & Company be received and filed, Seconded by Councilman Murphy. 'Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None, Indemnifying Bond of the City of Dubuque Bridge Commission in the amount of $50,000.00 presented for ap- proval. Councilman Thompson moved