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1940 January Council ProceedignsRegular Session, January 1st, 1940. ~ ~~9~~ ~®~eial~ Regular Session, January lst, 1940. No members of the Council being present on roll call the meeting teas postponed subject to call. J. J. sx~A, City Clerk. Approved ----------------------1940. Adopted ------------------------1940. Councilmen; j_______________________ I ----------------------- Attest: ---------------- ------------ City Clerk. 1 2 adjourned Regular Session, January 2nd, 1940. E ~ (Official) Adjourned Regular Session, January 2nd, 19-40. Council met at 8:20 P. ~I. Present-1layor Murphy, Council- men C1arl:, Thompson, Van Duelman, 11 hartou, Cih- iV[auager Rhomberg. Mayor T[urphy stated that this meeting is an adjourned meeting of the regular meeting of January 1st, 19-40, for the purpose of acting upon such business as may propert}- come before a regular' meeting of the City Council. Councilman Clark moved that J. J. Hail be appointed Clerk Pro Tem of the meeting due to the absence of City Clerl: J. J. Shea. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-11layor 1[urphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Proof of publication, certified to hp the publishers, of a statement of re- ceipts and also a list of claims for which warrants tyere drawn during the month of November, 1939, presented and read. Councilman Clark moved that the proof of publication be re- ceived and filed. Seconded by Coun- cilman Van Duelman, Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clarl., Thompson, Van Duelman, Wharton. Nays-None. Ordinance No, 35-39. An ordinance amending and changing the zoning map of the City of Dubuque, as provided for by Ordinance No. 3-34, designated, "Zoning Ordinance of the City of Du- buque," so as to change to "Two-Fam- ily Residence District," certain defined property now delimited as "$ingle- Family Residence District," and de- claring an emergency, said ordinance having been passed upon first and sec- ond readings on December 19th, 1939, presented and read a third time. Ordinance No. 3-34 designated as, 7.ouing ;)rdinancc of the Cit}* of Du- huque, so as to change to "Two-Famil}~ he~.idence District,° the following: ''From a point un the northerly propert}~ line of Kirkwood Street I00 feet $aslerh- from the Easterh- propert}' line of Alta 1'ista Street; thence parallel to Alta Vista Street to the center Gne of the alley be- hveen hirl:wood and Bellevue Streets; thence Easterly along the center line of said alley to the cen- ter line of Blalze Street; thence :~ ortherly along the center line of Blake Street to the center lice of Bellevue Street; thence Easterly ;doug the center line of Bellevue Street to the Easterly line of Elizabeth Place extended; thence Southerly to the center line of Elizabeth Place; thence Westerly along the center line of Elizabeth Place to the RTesterly property line of Cax Street; thence Wester- ly on a line 100 feet Southerly and parallel to the Southerly property line of Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street; thence :northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the paint of beginning," and now being delimited as "Single- Pamily Residence District," and, 1VHEREAS, it is deemed advisable by this Council to amend the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34 desig- nated as "Zoning Ordinance of the City of Dubuque," so as to change to "Two- Family Residence District" certain de- fined territory now delimited as "Sin- gle-Family Residence District," and WHEREAS, notice of such proposed change has been published as provided bylaw and an opportunity has been af- forded to all interested parties to ob- ject thereto at a public meeting held on the 19th day of December, 1939. WHEREAS, no objections have been filed to the proposed changes: ORDINANCE N0. 35-39. An Ordinance amending and chang- ing the zoning map of the City of Du- buque, as provided for b7 Ordinance No. 3-34, designated "Zoning Ordin- ance of the City of Dubuque," so as to change to `Two-Family Residence Dis- trict," certain defined property now de- limited as `Single-Family Residence District," and declaring an emergency. WHEREAS, Joseph P. Simones, et al, residing in the City of Dubuque, Iowa, desire to amend the Zoning Map of the City of Dubuque as provided by NO'4V, THEREFORE, BR IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Paragraph 846-Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: "By changing from "Single-Family Residence District" to "Two-Family Residence District" the following: Adjourned Regular Session, ,January 2nd, 194. 3 "From a point on the Northerly property line of Kirkwood Street 100 feet Easterly from the Easter- ly property lice of Alta Vista Street; thence parallel to Alta Vis- ta Street to the center line of the alley between Kirkwood and Belle- vue Streets; thence Easterly along the center line of said alley to the center line of Blake Street; thence Northerly along the center line of Blake Stret to the center line of Bellevue Street; thence Easterly along the center line of Bellevue Street to the Easterly line of Eliz- abeth Place extended; thence Southerly to the center line of Elizabeth Place; thence 1Vesterh~ along the center line of Elizabeth Place to the Westerly property line of Cox Street; thence Westerh~ on aline 100 feet Southerly and par- a11e1 to the Southerly property line o[ Kirkwood Street to a point 100 feet Easterly from the Easterly property line of Alta Vista Street; thence Northerly on a line parallel to and 100 feet from the Easterly property line of Alta Vista Street to the point of beginning." Paragraph 847-Section 2. That the cost of publication of this ordinance enacted for the benefit of Joseph P. Simones, et al, of Dubuque, Iowa, shall be borne by said Joseph P, Simones, et al, of Dubuque, Iowa. Paragraph ?148-Section 3. This ordinance being deemed urgent and of immediate necessity shall be iu force and effect from and after its final passage, adoption and approval by the City Council, and publication as provid- ed by law. Passed upon first and second read- ings this 19th day of December, 1939. Passed, adopted and approved this 2nd day of January, 1940. GEO. R, MURPHY, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, CARL A. CLARK, F. W. THOMPSON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 36-39, An Ordinance establishing a grade on Salina Street from Railroad Street to Dodge Street, said ordinance having been passed up- on first and second readings on De- cember 19th, 1939, presented and read a third time, ORDINANCE NO. 36®39. AN ORDINANCE establishing a ~~rade on Salina Street from Railroad Street to Dodge Sheet. B$ IT ORDAINED by the City Council of the City of Dubuque: PARAGRAPH 8d9, SECTION 1. That a grade on Salina Streetfrom the North property line of Railroad Street to the South property line of Dodge Street be, and the same is hereby estab- lished and adopted as shown by the profile of said street and grade pre- pared by the City Engineer, being Pro- file No. 129-1, B. 11L, on the Southeast corner of the catcrete loading platform of the lllaizewood Insulation Company, elegy ation 608.1.43 (1929 Adjustment of i~. S. C. & G. Sarvey datum). Said grade begins at the North property Line of Raihroad Street, which is Statton 0, East curb elevation 604.84, West curb elevation 60=4.93;~ thence to Station 2 plus 80, East and West curb elevations 606.30; thence to Station 3 plus 40, South property line of Camp Street, East and 1Vest curb elevations 606.00; thence to Station d plus 4, North property line of Camp Street, Toast and West curb ele- vations, 606.00; thence to Station S plus ~}, East and tiVest curb elevations, 606.50; thence to Station 6 plus 4, East and West curb elevations, 606.00; thence to Station 7 plus 4, East and West curb elevations, 606.50; thence to Station 8 plus 4, South property line of Charter Street, East and West curb elevations, 606.00; thence to Station 8 plus 68, North property line of Char- ter Street, East and West curb eleva- tions, 606.00; thence to Station 10 plus 26, East and West curb elevations, 606.79; thence to Station 11 plus 84, East and West curb elevations, 606.00; thence to Station 13 plus 42, East and West curb elevations, 606.79; thence to Station 15 plus 7S, South property line of Dodge Street on East curb line of Salina Street, East curb elevation, 60S.S0; thence to Station 1S plus 99, South property line of Dodge Street on West curb line of Salina Street, West curb elevation, 60S.S0, PARAGRAPH 850, SECTION 2, This ordinace shalt be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed, adopted and approved Janu- ary 2nd, 1940. GEO. R, MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL A, CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ~{ Adjourned Regujar Session, ,January 2nd, 1940. Published officially in The 1'elegraph- Ilerald newspaper this IUth day of Jan- uary, 19-}0. ' J• i. SHEA, 1-10-It City Clerk. Councilman Van Duelman mood the adoption of the ordinance. Sec- onded by Councilman Clark. Carried by the following vote; Teas-lt~Iayor .1lurphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 37-39. An Ordinance establishing a grade on Camp Street from 1llain Street to Salina Street, said ordinance having been passed upon first and second readings on December 19th, 1939, presented and read a turd time. ORDINANCE N0. 37-39. AN ORDINANCE establishing a grade on Camp Street from Main Street to Salina Street. BR IT ORDAINRD by the City Council of the City of Dubuque: Published olTiciall} in the Telegraph- Herald newspaper this iDth day of ianuan•, 19-10. I. J. SI-IRA, 1-1U-1t City Clerlc. Councilman \~ an lluelman moved the adoption o[ the ordinance. Seconded by Councilman Clark, Carried by the following eote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompsou,Vau ', Duelman, IVharton. Nays-None. Ordinance No. 38-39. An Ordinance establishing a grade on Charter Street from Main Street to Salina Street, said ordinance having been passed upon first and second readings on December 19th, 1939, presented and read a third time. ORDINANCE N0. 38-39. r1N ORDINANCR establishing a grade on Charter Street from Main Street to Salina Street. BR IT ORDAINRD by the City Council of the City of Dubuque: Paragraph 851, Section 1. That a grade on Camp Street from the Nest property line of IViaiu Street to the West property line of Saliva Street be, and the same is hereby es- tablished and adopted as sloven by the profile of said street and grade prepared by the City Engineer, being Profile No. 1295. B, ill. on the South East corner of the concrete loading platform of the Maizewood Insulatimt Company, eleva- tion 608.143 (1929 adjustment of U, S. C. & G. Survey datum). Said grade begins at the West property line of Main Street, which is Station 0, North and South curb elevations, 606.3D; thence to Station 1 plus 0, East line of alley, North and South curb elevations, b06.80; thence to Station 1 plus 20, West line of alley, North and South curb elevations, 606.80; thence to Sta- tion 2 plus 20, East property line of Sa- lina Street, North and South curb ele- vations, 606.00; thence to Station 2 plus 84, West property line of Salina Street, North and South curb elevations, 606.00. Paragraph 852, Section 2, This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed, adopted and approved Janu- ary 2nd, 1940. GEO. R. 1fURPHY, Nlayor. FRANK VAN DUELMAN, ALBRRT WHAR1'ON, CARL A. CLARK, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerlc. Paragraph 853, Section 1. 'That a grade on Charter Street from the West property line of Main Street to the Rast property line of Salina Street be, and the same is hereby es- tablished and adopted as shown by the profile of said street and grade prepared by the City Engineer, being Profile No. 1296. B, nI. on the South East corner of the concrete loading platform of the Jtaizewood Insulation Company, eleva- tion 608143 (1929 adjustment of the li, S. C. and G. Survey datum). Said ;rode begins at the bVest property line of iviain Street, which is Station 0, North curb elevation 606.08, South curb elevation 606.76; thence to Station 1 plus 0, East line of alley, North and South curb elevations, 606,50; thence to Station 1 plus 20, West line of alley, North and South curb line elevation, 606.50; thence to Station 2 plus Z0, Rost property line of Salina Street, North and South curb elevations, 606.00. Paragraph 854, Section 2. This Ordinance shall be in force and effect ten (10) days from and after its final passage and adoption by the City Council and publication as provided by law. Passed upon first and second readings December 19th, 1939. Passed ,adopted and approved Janu- ary 2nd, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN; ALB1•RT WHARTON, CARL A. CLARK, F. iV: THOMPSON; Councilmen: Attest: J. J. SHEA, City Clerk. Adjourned Regular Session, January 2nd, 1940. 5 Published officially in the Telegraph- Herald newspaper this 10th day of Jan- uary, 1940. J. J. SHEA, 1-10-It City Clerk, Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councihnau Clark. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Vern Okey requesting that his Class "B" beer bond number 4216488 dated Dec. 8, 1937, and re- newed under renewal certificate num- ber 14110, Fidelity and Deposit Com- pany, be released to 1Villiam Zumhof, Agent for the Fidelity and Deposit Company of Maryland, presented and read. Councihnau Van lluelman moved that the request be granted and that William Zumhof, Agent, for the Fidel- ity and Deposit Company of Maryland, be notified of the action of the City Council. Seconded by Councihna^ Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, 1Vharton, Nays-None. Resolution No. 1-40, 1Chereas, applications for Class "B° Permits have been submitted to this Council for approval and the same have been examined; Now, 'Therefore, Be It Resolved I>}- the Council of the City of Dubuque that the following ap- plications he and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cants shall be forthwith inspected. Class "B" Permit Name Address Edward J. and Mabel Duccini (transfer of address from 1698 lllaple Street) 574 Rast 16th Street. Wnt. C. hiller (Transfer of address front 3S tiVest Fourth Street) 400 Central Avenue. 1. L. Spielman and Susan Spielman, 601 Rhomberg Avenue. Canfield Hotel lW. J. Canfield, Je) 4th and Central Avenue. 1[rs. Emma Zillig, 2222 Central Ave. Fassed, adopted and approved this and day of January, 19-10. GRO. R. MURPHY, Mayor. FRANK VAN DUEL1fAN, ALBERT' 1VHARTON, CARL A. CLARE, F. 1V. THOMPSON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No. 2-40. 1Vhereas, heretofore applications were filed by the within named appli- cants for Class "B" Permits and they received the approval of this Council; and 1Vhereas, the premises to be occu- pied by them have been inspected and found to comply with the ordinances of this City and they have filed a prop- er bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is herebv directed to issue to the following named persons a Beer Permit. Class "B" Permit. Nance Address i. L. Spielman and Susan Spielman, 601 Rhomberg Avenue. Canfield Hotel (W. J. Canfield, Jr.) 4th and Central Avenue. 1[rs. Emma Zillig, 2222 Central Ave. Rdward J, and Nlabel Duccini (Trans- fer of address from 1698 Maple Strcct) 57-4 Rast 16th Street. Be It Further Resolved, that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this and day of January, 1940. GEO. R, MURPHY, Mayor. FRANK VAN DUELNIAN, ALBERT ~VHARTON, CARL, A. CLARK, F. W. THO1lPSON, attest: J. J. SHEA, Cit}' Clerlc. Councilman Van Duelman moved the adoption of the resohrtion. Semuded by Councihnau Clark. Carried by the following' vote: Teas-Mayor I14nr- ph}•, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. January 2, 19-10. To the Honorable 11lavor and City Council, Duhuque, Iowa. Gentlemen: At a special meeting of the Planning and Zoning Commission held at City Hall, December 29th, 1939, the said Commission unanimously adopted the attached recomendations to your ITonorahle Body which are hereby sub- mitted in the form of resolutions for your consideration. Respectfully submitted, PLANNING AND ZONING COMMISSION, By Richard V. 9IcKa}~, Secretary. 6 Adjourned Regular Session, Jantiaty 2nd, 1940. Councilman Clark moved that the communication of the Planning and Zoning Commission he received and made a matter of record. Seconded by Councilman Thompson. Carried by the follo~~°ing vote: Yeas-l~layor llnrphv, Councilmen Clark, Thompson, Van Duelman, ~~~'hartou. ?vat's-None. Resolution No. 3-40. ~' ~~ !'~~ ~, ~I, i~ I,: I' id ~I ;~ i '~~I ,., I, ~I I, (,~,I ~;, Ii,~,r;,~~~ ~'>~ IC;; ~~,j~,'~'~~ ~~,, ~~ I, ', j'I II, it ~~ ~!' i,~'~ ~~~'~,I, ~~ ~, ~, ~, ~;I ~, ~~ ~i ,ir~ (,' Ir,l,l~, ~I', !;'IL ~' j' l r, I ~I' ', I,I~ i ', III II; ~' I '~''li~~~~~ I 'I~;~i,9 ', I 1Vhereas, the relocation by the State Highway Commission of Highway Number Twenh~, a Federal Highway, from a point west of Center Grove to Locust Street via Dodge Street raises many problems which are common to scientific planning, and zoning, among tiahich may be mentioned redaction of traffic congestion, re-routing of heat' tntHc to prevent wear and tear on city streets, straightening of Htroug~h traftlc streets, beautification of approaches to •i s ifs f ulation in the c t}, -tudv of sh t o pop e' i i i s ~ 'enation cf t e, mutt al d sty ct, re u~ 7 e den lie ric s I ~ •ndin new uses dca tt.t t, n h g fur real estate, preservation of earl: reserves, and the provision of services for travelling motorists, and 1Vhereas, at the call of the Honor- able lIa}-or of the City of Duhnque, a joint conference to consider the many prohlents incoh•ed in the relocation of Hig~hwav Twenty has heen held, thr Honorable 1~Iayor, the members of the City° Council, the City 1lauager, the Buildvtg Commissioner, and the Plan- ning and 7,ouiug Commission partici- ~atm and t g, IVhereas, following said conference at Which a common understanding wa; reached, the entire route of the nezcl}~ relocated Highway Twenty was again survevecl and studied, from all avail- able maps, inchtding the 11laster Plan of ±he City of Dubuque in n-hich the Hi hr a• T ~ent- reloc i - r' g t } ti } at un was o tg finally a proved by the Citv Council as . PI preesenting the safest and easiest grade out of the City of Uubuque to the nest; Now, Therefore, Be It Resolved, that the folloninp recommendations be presented to the Cih Council for its approval. [1'lall 1, It has been definitely es- tahlished that the most active move- ment of residential building enntinues to be on Grandview Avenue and to the we;t south and southwest of it. 'I'her~ is every indication that this trend, be- cause of the topography of the city, be- cause of the fact that the sections meu- tioued arc easih~ accessible by autonto- hile, and because then offer large areas where the prime conditions of air and light in abundance are available, will an in to I is therefor r c o t e econunended that both sides of Dodge Street from the Br} ant Street interne etiou and both Adjourned Regular session, January 2nd, 1940. 7 Thompson, Van Duelman, Wharton. Navs-Noce. Petition of Merlyn B. Kw•t request- ing that he be allowed the sum of X60.00 for the replacement and labor in the replacement of the sanitary sewer con- nection, from the main sewer to the curb, in front of his property located at 87d South Grandview Avenue, present- ed and read. Councilman Clark moved to refer the peetition to the City 1~Ian- ager and City Solicitor for im~estigation and report. Seconded by Councilman }~~rhartou. Carried by the following vote: Yeas-Mayor \Iurpln', Council- men Clark, Thompson, Van Duelman, l~Vharton. Navs-None. Petition of Hem}~ Herrmann request- ing a rehmd of the penalties involved in the redemption for special assess- ,i menu levied ams h t a tte ast of g I+ / I,ot ?7 of L. H. I,ang~n orthy's Suh. and s' of of .,0 of i4lar, h s A i i n r- L ddto pe sente an re d d ad. Councilman 1Vhart u 0 moved to refer the petition to the Cih~ Manager and Cih~ Treasurer for inves- tig~atiou and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Alayor llurph~°, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of It[rs. Francis hissell re- questing suspension of the penalties in he ' t dm ml - o t of 37.91 due an , i ~ s s ec al a P sessments levied upon Lot dI of Far- ley' Subdivision, presented and read. Councilman 11'harton moved that the rer t i te.t he ~rante • I n d and that the City Auditor be authorized to draw a war- rant on the Special Bonded Fuud in the amotutt of X37.91 in favor of the Counh~ Treasurer representing the amount of suspension granted on the penalties for special assessment lecid againt Lot 9d of Fadev's Subdivision, ~~[rs. Francis Isissell, owner, Seconded by Cou~cil- man Clark. Carried by the followin,r; vote: Yeas-flavor nlurphy, Cmm- t:ihnen Clarl:, Thompson, ~ au Duel- man, 11'harton. Navs-None. Resolution No. 4-40. A Resolution providing for the ap- pointment of a Cih~ Solicitor of the Cite of Dubuque to fill the vacancy for the unexpired tens caused by the death of City Sohcttor Al, J. Nelson, prescrih ing his salary and fixing his hoed. 1Vhereas, a vacancy exists in the of- fice of City Solicitor because of the death of AI. J. Nelson for the unex- pired term during the balance of the r nscal year 1939-40, and 1Vhereas, this Council has received five applications fm' the position, among them the application of Walter W. Pais- ley, a World War veteran, asking for soldier's preference under Chapter 60 of the Code of Iowa and dated Decem- ber 21, 1939, and the application of John J. Kintzinger, anon-veteran and dab~d December 20, 1939, and jVhereas, this Council, since the fil- ing of said applications, has conducted a full and carefiil investigation as to the qualifications of the various applicants for the position, and 1Vhereas, after said investigation the Council being fully advised in the premises, finds and determnes that the qualifications of John J. Kintzinger for the position are superior and great- er to those of 1Valter bV. Paisley be- cause of his greater experience in the eneral ractice f 1 n h' ~ ~ r g p o aw a d is ,reate es erieuce iu the condo h i p ct of pu.1 c af- fairs, he having heen County Attorney of Dubut ue u ~ Cou t} for six years, his t 1 r ~' „ t. re and more extensive expette_cc and success in trial ta•orh in the Dis- tricts. Supreme and other Courts of the State of Totva, and Whereas, the specific grounds for the refusal of this Council to appoint Wal- ter Paisley are because this Council has found and determined that his qual- ifications for the position are inferior to those of Tohn J. Kintzinger because of his less r e tsperience in the general practice of law, his inexperience in the conduct of public affairs, he not havin g ire ~i e . ~ ntt_h ten~esent > - ed a optical sup I 1 1 division as a public official, his lack of experience in trial cases before the Dis- trict, Supreme and other Courts of the State of Iowa; Non', `Therefore, Be It Resolved by the City Council of the Cih- of Dubuque that John J. Kintzinger he appointed as City Solicit- or of the Cit7 of Dubuque, Iowa, to serve during the balance of the fiscal year 1939--',0 subject, however, to the right of the Council to declare such of- fice vacant or remove the officer there- from at the pleasure of the Council with or Without cause and to be paid the fol- lowing compensation and to furnish a bond b}' such officer at his own ex- t~na~ i i t. t n the followin r •unotutt: t, Tohn J. Kintzinger, City Solicitor- C ~, .al,tt} ..,,800.00 per year -Band SLDOD.oO Be Tt Further Resolved that the Citv Clerk is directed to file a cope of this resolution, for public inspection con- tainiug the specific a minds for the ap- ointment of oho . Kintzin er as Citv p J J g Solicitor and stating further the specific ;rounds for the refusal to appoint 1Val- ter 11'. Paisley. sides of Highway Twenty, beyond the intersection of Dodge and Fremont Streets weshvard to the city limits, and the large areas of undeveloped property contiguous therefo, lying within the corporate limits of the City of Dubuque and such subdivisions as may be an- nexed thereto, be preserved and cmr tinned as residence district. IT1;11I II. Belon• the Bry2nt Street intersection, Highwa}- Twenty 1 Dodge Street) particularh° so in case Dodge Street acts as the main east and west feeder for the proposed 114issisdippi River bridge, must of necessity become a local business district. ~Ve cannot hasten thin movement, but we should prepare for it. It is therefore recom- mended that the present °Local Busi- Hess ,District" at the intersection of Dodge and Bluff Streets be extended ,. . nest t ~t a d on Dade re B • ~• St et to ttant g ti~ fleet interne coon, on both sides of Dodge Street, as shown ou attached plat, with the Exception of Tots 1 of ? of DI. h. 66, the Southerly lOD' of Lot 3 of 2 of 1I. L. 66, and the Southerly 100' ofl,otlof?ofloflofll~LL.69Eora distance of 3?8' 1Vest of the 1Pesterly line of hi. L. 6fi. l'1'1;\I I[l. It is recummcudcd that thr abrupt torus in Dodge Street at 1,luff Street, Rising A~°euue, Br}-ant Stre.i, and Booth Street, and Booth Street intersections with Dodge Street be remored and the street thereby made salr for through traffic. I'ass~~d, adopted and approved this ?nd dac of January, 1910. Gb;O. R. MLiRPHY, 1Ia}ro~- FRANIL VAN DL'EL~I~1,\, .~I,B$RT 1VHARTON, CARI, A, CI,.1RK, F. tl`. TH0IIPSON, Councilmen. Attest: 1. J. SHEA, City Clerk. Councilman Clarh moved that the resulntion be adopted and that the City Solicitor be instructed to prepare the ,roper proceedings. Seconded by Conncihttan Thompson. Carried by the follotcing rote: Yeas-1~Iavor ldtu-- ~~hy, Councilmen Clarlc, Thom son Van P Duelman, 1Vhartnn. Navs-None. Communication of League of Iowa A(uuicipalities requesting Council co- operation and help in the legislative program adopted by the League, pre- eented and read. Councilman Clarl: mm:ed to refer the connnuni~a+.iou to the City Council for consideration, Sec- utdcc`, by Co~_mcaman 1Vharton. Tar- ried by the fohmviug yntP: Yeas 1Savor Murphy, Councilmen Clark, ~~~~I (,'' il~ ~f~o III f I rlI ~'I{j4Y' ~ ~ "~' I~ ~ ~~~~~ ` 1 i 3 Adjourned Regular Session, January 2nd, 1940. Passed, adopted and approved this ?nd day of January, 1940. G1~0. R. hIURPHY, 1~Iayor. FRANK VAN DUIrLkIAN, AI,B$R1' WHARTON, CARL, A. CLARK, F, t,V.'fHOMPSON, Councilmen. .lttest: J. J, SHIiA; City C(erl:. Councilman ~b`harton moved the adoption of the resolution, Seconded by Councilman Clarlc, Carried by the following vote: Yeas-liayor ItLurphy, Councilmen Clarl:, Thompson, Van Duelman, Wharton. Nato-None. There being no further business, Couucihnau Clarl< moved to adjourn. Seconded h}' Councilman Thompson. Carried by the following vote: Yeas- 1~Iapor llurphv, Couucilmeu Clark, Thompson, G`au lluelman, 1~'hartou. Nat•s-Nunc. J. i. SHWA, City Clerk. \pproced ----------------------191D. Adopted ------------------------19dU. Co~aucihmen: {_ _ ___ Attest: ----------------------------- City Clerk. Session, January nth, 1940. (Official.) Special Session, January 8th, 1910. Council met at 8:05 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Councilmen Clark and Thompson. Mayor Murphy read the call and stat- ed that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the "Cooing Map of the City of Dubuque, Iowa, by changing from "Two-Family Residence District," to "Multiple Residence District," the area described as follows: "That section of ', Delhi Street from Auburn Street to 1T~rest Fourteenth Street, on both sides of the street," and described as follows: "Beginning at the center of the inter- section of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the center line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center line of Algona Street; thence Northeasterly along the center line of Algona Street to a point 100 feet North- easterly from the Northerly property line of Delhi Street; thence Northwes- terly along a line 100 feet front the Northerly line of Delhi Street to the center line of 1Vest 14th Street; thence Southwesterly along the center line of Nest 14th Stret to the center line of Delhi Street; thence Southeasterly along the center line of Delhi Street to the center line of McCormick Street; thence Southwester]} along the center line of McCormick Street to a point 100 feet Southerly from the Southerly prop- erty line of Delhi Street; thence South- easterly along a line 100 feet from the Southerly property line o{ Delhi Street to the center line of Algona Street; thence Southwesterly along the center line of Algona Street to the center line of the first alley South of Delhi Street and between Dellti Street and Grace Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence North- easterly along the center line of Auburn Street to the center line of Delhi Street; tlence Northwesterly along the center line of Delhi Street to the point of beginning," and acting on an}• other business as may properly come before a regular meeting of the City Council. Proof of publication, certified to by the punishers, of the notice of a public 9 heearing upon a proposal to amend and change the Zoning Map by changing from "Two-Family Residence Distrtct," to "Multiple Restdence District," the area described as follows: "That sec- tion of Delhi Street from Auburn Street to 1Vest Fourteenth Street, on both sides of the street," and described as follows: "Beginning at the center ®f the intersection of Delhi and Auburn Streets; thence Northeasterly along the center line of Auburn Street to the cen- ter line of the alley between Delhi and Custer Streets; thence Northwesterly along the center line of the above alley to the center liae of Algona Street; thence Northeasterly along the center Gne of Algona Street to a point 100 feet Northeasterly from the Northerly prop- erty line of Delhi Street; thence North- westerly along a line 100 feet from the Northerly line of Delhi Streeet to the center line of West 14th Street; thence Southwesterly along the center line of 1A~est 14th Street to the center line of Delhi Street; thence Southeasterly along the center line of Delhi Street to the center line of McCormick Street; thence Southwsterly along the center line of A~ScCormick Street to a point 100 feet Southerly from the Southerly property line of Delhi Street; tlence Southeast- erly along a line 100 feet l•om the Southerly property line of Delhi Street to the center line of Algona Street; thence Southwesterly along the center line of Algona Street to the center line of the first alley South of Delhi Street and between Delhi Street and Croce Street; thence Southeasterly along the center line of said alley to the center line of Auburn Street; thence North- easterly along the center line of Auburn Street to the center line of Delhi Street; ttmc Northtvesterl}= along the center line of Delhi Stret to the point of be- ginning," presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Coun- cilman Clark moved that the proof of publication be received and filed. Sec- onded by Councilman Thompson. Car- ried hp the following vote: Yeas- DLayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Navs-None. Councilman Clark moved that the rules be suspended for the purpose of allotting any one present in the Council Chamber, who wishes to do so, to ad- dress the Council, Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-114ayor Murphy, Couucilmeu Clarlc, Thompson, Vau Duelman, Whartmt, Naps-Noce. 1~Iessrs. A. A. Freund, et al, addressed the Council requesting that Rafferty Slough be flooded for skating rink pur- poses, Councilman Clark moved that the request be referred to the City 1lanager to cooler with the Recreation 10 Session, January 8th, 1940. Commission for the purpose of taking ', proper action. Seconded ly Council- ', man 1Vharton. Carried by the follow- !. ing tote: Yeas-Mayor Murphy, Coun- cilmen Clark, Thompson, Vau Due]- ~ man, Wharton. Nays-None. i Comnutnication of 1lary G. Nolan stating that she tripped, fell and injured her right foot on a defective sidewalk on Burch Street, between West Third Street and Fenelon Place, presented and read. Councilman Wharton moved that the communication be received and pled. Seconded by Councilman Clark, Carried by the following vote: Yeas- I1~Iayor Murphy, Councilmen Clark, Tompson, Van Duelman, Wharton. Navs-None. Communication of Thos. S. Smith, Secretary Stage Employees and &fov- ing Picture ]1lachine Operators, Local No. 103, calling the attention of the City Council to the newspaper adver- tisements in which the Interstate Pow- er Company is going to change their bus schedules, as such change will force eleven employees to buck the extra board, and asking the City Council to use the power that has been invested in them to protect the jobs of these men, presented and read. Councilman Thompson moved that the comnnmica- tion be received and filed. Seconded by Councilman ~Vhartou. Carried by the folloting vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Vau Duelman, Wharton. Nays-None. Councilman Van Duelman offered the following: Controversy having aris- en with respect to the change in the routes and schedule of buses put in ef- fect by the Interstate Power Company, without the approval of the City Coun- cil, and whereas it is provided: Special Ordinance (Special Session, February 1~1, 1922.) Section 10. The City Coun- cil shall have full poorer from time to time to make reasonable regulations respecting the service rendered by said Company, which service shall be con- tinuous during the term of this fran- chise, unless interfered with or pre- vented by causes be}~ond the reasonable control of the Company. Should any controversy arise respecting rates of fare or otter matters subject to regu- lation by tle City Council, service shall not be discontinued, pending the ad- justment of the same, except with the approval of the City Council. I herel;y m ,~; e that the Citv Manager of the Citt• of Dubuque notify the Interstate Pon-er Company not to discontinue the ser- vice existing prior to January 7, 19-10, pending the adjustment of the same. Secaided by Cotmcilntan Clark. Car- ried by the fo(lotring vote: Yeas- \Iayor liurphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. ?Mays--None. Communication of Walter J Rawson submitting his resignation from the Civil Service Commission, the resigna- tion to take effect at once, presented and read. Councilman Wharton moved that the resignation be accepted lrith regret and that the City I1lauager 6e instructed to write 1VIr, tiValter J. Raw- son to that effect. Seconded by Coun- cilmen Van Duelman. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton, Nays-None. Cotmnnnfcation of Elroy H. Gras- horn, Secretary ot• Dubuque Trades and Lahor Congress, requesting the ap- pointment of Mr. John Schaetzle to the tacaucy ou the Police and Fire Com- mission, presented and read. Council- man Clark moved to refer the com- nnmication to the City Council. Sec- onded by Councilman Wharton. Car- ried br the following vote: Yeas- Alas~or blurply, Councilneu Clark, 'Chompson, Van Duelman, 1Vharton, ?t a} s-None. Couununication of T~Ielvin Herrings, Recording Secretary, Dubuque Build- ing Trades Council, advising Council that the Dubuque Building Trades Council have gone at record support- ing Johu Schaetzle for appointment to the Police and Firetven's Commission, presented and read. Councilman Clarl: mated to refer the communication to the City Council. Seconded by Coun- cilman 1Vharton. Carried by the fol- lotcing tote: Yeas-Mayor Murphy, Councthnen Clark, Thompson, Van Duelman, 1Vharton. Navs-None. Conununication of Vincent Duffy, Re- cording Secretary, International Hod Carriers' Building and Common La- borers' anion, advising Council that they twould like to see John Schaetzle appointed to the Police and Fire Com- mission, presented and read. Council- man Clark motel to refer the commu- nieatiou to the City Council. Seconded by Councilman tiVharton. Carried by the following vote: Yeas-Mayor :~:Iurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Contmunicatiou of 1Villard Preston, Secretat}~ Coal and Ice Division Truck Drivers Union, aslciug Council to seri- ously consider the appointment of Johu Schaetzle to the vacancy on the Fire and Police Commission. Councilman Clark morel to refer the communica- tion to the City Council. Seconded by Councilman Wharton. Carried by the following rote: Yeas-I14ayor Murphy, Conncilnten Clark, Thompson, Vau Duelman, 1Vharton. Nays-None. Communication of Robert Licht, Re- cording Secretary, International Union of Operating Engineers, recommending Special Session, January 8th, 1940. John Schaetzle for appointment on the Fire and Police Commission. Council- man Clark moved to refer the commun- ication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson,Van Duelman, Wharton. Nays-None. Communication of laarl PEohl, Secre- tary of the Dairy Division Truck Driv- ers Union, requesting Council to seri- ousl}~ consider the appointment of John Schaetzle to the vacancy on the Fire and Police Commission, presented and read. Councilman Clark moved to re- fer the communication to the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Comtnmtication of L. A. Vonah, Sec- retary Bakers Local No. 307, advising Council that the Bakers Local would like to have the Council appoint John Schaetzle on the Police and Fire Com- mission as one of the Commissioners, presented and read. Councilman Clark moved to refer the communication to the City Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of Ray Blankenship, Secretary General Drivers Division Truck Drivers Union, requesting the Council to seriously consider the ap- pointment of John Schaetzle to the va- cancy on the Fire and Police Commis- sion, presented and read. Councilman Clark moved to refer the communica- tion to the City Council. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Nlayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None, Communication of Frank Reiser, President Local No. 1238, International Association of Machinists, submitting the name of Art Schroeder as a pos- sible candidate for the Fire and Police Commission vacancy, presented and read. Councilman Clark moved to re- fer the communication to the Citv Council. Seconded by Cotutcilntan 1Vharton. Carried by the following tote: Yeas-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton. Nays-None. Petition of Jos. F. Correll, Supt. of Fire Alarm System and A. J. Stroh- me}•er, Asst. Supt. of Fire Alarm Sys- tem, requesting that the City Council direct that their names be placed upon the rolls of the Fire Department for pension purposes and that they be 11 granted the same rights and privileges as other members of said department enjoy under our present laws, presented and read. Councilmen Clark moved that the petitimt be referred to the City Solicitor for a written opinion on this request and also that the City Solicitor be instructed to include in his written opinion the former requests made by Ambulance Drivers $dward Farrell and Harry Haggerty that their names be placed ou the rolls of the Fire De- partment for pension purposes. Sec- onded by Councilman Thompson. Car- ried b}~ the following vote: Yeas- Mayor Iturphy, Councilman Clark, Thompson, Van Duelman, Wharton. Nays-None. Resolution No, 5-44. 1Vhereas, application for Class "B" Beer Permtt has been submitted to this Council far approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the Citv of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall he forthtivith inspected. Class "B" Permit. 1V. F. Trimpler (Transfer of address from 574 East 16th St.) 1654 Central Aye. Passed, adopted and approved this 3th day of January, 1940. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, CARL, A. CLARK, F. W. THOt1IPSON, Councilmen. 9ttest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-14layor Mur- phy, Councilmen Clark, Thompson, Van Duelman, ~\'harton. Nays-None, Ordinance No. 1-40. An ordinance amending and changing the zoning map of the Cih~ of Dubuque, as provided for by Ordinance No, 3-34, designated "Zoning Ordinance of the City of Du- buque," so as to change to "Multiple Residence District," certain defined property navy delimited as "Two-Fam- ilc Residence District," and declaring an emergency, presented and read. Councilman Van Duelman moved that the reading just had be considered the tirst reading of the ordinance. Sec- ~~~ ij, ('' i I' ''~ I !i~ I I' j 12 Speeial Session, January 8th, 1940. onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Councilman Van Duel- man moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second reading of the ordinance, Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ______________________1940, Adopted ________________________1940. Councilmen: 4 Attest: ---------------------- 1---------------------- City Clerk. Regular Session, February 5th, 1940. ~ ~ ~~ (Official) Regular Session, February Sth, 1940. Council met at 8:25 P. M. Present-Mayor Murphy, Council- men Clark, Thompson, Van Duelman, Wharton, City Manager Rhomberg. Mayor Murphy 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, Notice of Claim of Mary G. Nolan in amount unknown at the present time for personal injuries sustained in a fall on a defective sidewalk on Burch Street between West Third Street and Fene- lon Place, presented and read. Coun- cilman Clarlc moved to refer the Notice of Claim to the City Solicitor for in- vestigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Notice of Claim of Anthony Schmitz in the amount of $5,000,00 for personal injuries sustained in a fall upon an icy crosswalk at the intersection of Twen- tieth and White Streets, presented and read. Councilman Clarlc moved to re- fer the Notice of Claim to the City So- licitor for investigation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Murphy, Cotmcilmen Clark, Thompson, Van Duelman, Whartmt. Wharton. Nays-None. Notice of Claim of Jackson M. Sprague in the omount of $1,000.00 for personal injuries sustained in a fall up- on an icy sidewalk on the Southwest corner of Eighth Avenue and Bluff Street, presented and read. Conucil- man Vdharton moved to refer the No- tice of Claim to the City Solicitor for investigation and report. Seconded by Councilman Clark. Carried by the fol- lowing vote: Yeas-Niayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Original Notice of Suit of Emory F. Healy, Plaintiff, vs. City of Dubuque, Iowa, Defendant, in the amount of $10,641.30 for personal injuries sus- tained by reason of a fall on an icy side- walk on the Northeast cnrner of Ninth and White Streets on January 25, 1938, presented and read. Councilman Thompson moved that the Original Notice of Suit be referred to the City Solicitor for investigation and report, Seconded by Councilman Vau Duel- 13 man. Carried by the following vote, Yeas-Rlayor Murphy, Councilmen Clark, Thompson, Van Duelman, 1Vharton. Nays-None. Communication of Elroy Ii, Gras- horn, Sec. and Treas. Barbers' Local No. 429 advising Council that they are in favor of the appointment of Mr. John Schaetzle to the Police and Fire Commission, presented and read, Councilman Van Duelman moved to refer the communication to the Citv Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Couucil- meu Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of Frank Defendi, Corresp. Sec. of International Molders' Union of America Local No. 263, rec- ommending and endorsing John Schaetzle for the Police and Fire Com- mission, presented and read. Council- man Wharton moved to refer the com- munication to the City Council. Sec- onded by Councilman Van Duelman, Carried by the following vote: Yeas- filayor Murphy, Councilmen Clarlc, Thompson, Van Duelman, Wharton. Nays-None, Communication of Chas. G. Demp- sey, Rec. Sec. Metal Trades Council, endorsing John Schaetzle for the posi- tion of Police and Fire Commissioner, presented and read. Councilman Thompson moved to refer the comnm- nication to the City Council. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Murphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Nays-None. Communication of Bart I,. Niolo, making aplication for fire protection on the Middle Road ou his place knot*n as Silver Acres, presented and read. Coun- cilman Clark moved to refer the com- munication to the City Council. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Alayor 11~Iurphy, Councilmen Clark, Thompson, Van Duelman, Wharton. Naps-None. Communication of The Key City Gas Company submitting attached annual report required by ordinance showing receipts and disbursements for the calendar year 1939, presented and read. Councilman Van Duelman moved to refer the communication and annual report to the City Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Mur- phy, Councilmen Clark, Thompson, Vau Duelman, bVharton. Nays-None. Communication of W. 0. Price, En- gineer of Safety and Traffic, Iowa State Highway Commission, submitting a proposal to the effect that the Iowa