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1940 October Council Proceedings210 '~ Regular Session, October 7th, 1940. 211 City Council (Official) Regular Session, October 7th, 1940. Council met at 7:40 P. M. Present-Mayor Thompson, Council- man Murphy, Schueller, Van Duehnan, Wharton, City Manager Rhomberg. Mayir Thompson stated that this is the regular monthly meeting pf the City Council for the purpose of acting upon such business as may properly come before the meeting. Councilman Van Duelman moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of I,oras College et al re- questing that the name of West Four- teenth Street be changed to I,oras Boulevard, presented and read. Mr. Burton McQuillen addressed the Council requesting that the prayer of the petition of I,oras College et al be granted. Councilman Vau Duelman moved that the petition be granted and that the City Solicitor be instructed to prepare a proper ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Thompson, Councilman Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Dubuque Trades and La- bor Congress ,et al protesting with the thought of seeking relief from the heavy prevalence of milt dust in the atmosphere in the vicinity of the facto- ries which manufacture millwork and requesting that the Health Department of the City of Dubuque or the Health Department of the State of Iowa make an analysis of the condition as outlined in the petition, presented and read. Councilman Van Duehnan moved that the petition be referred to the Health Department for investigation and a re- port to be made baclz to the Board of Health. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Mrs. Mary Mihulka et aI requesting that the City Council view the grounds in regard to the opening of Napier Street, presented and read. Councilman Wharton moved that the petition be granted and referred to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Dr, C, C. Lytle et al re- questing that the name of Julien Ave- nue and a portion of Delhi Street be changed to University Avenue, present- ed and read. Councilman Murphy tnoyed that the petition be granted and that the City Solicitor be instructed to prepare a proper ordinance. Seconded by Councilman Van Duehnan. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duehnan Wharton, Nays-None. Original Notice of Suit of Ray J. Cosley, doing business under the trade name and style of "Cosley Bottling Company," Plaintiff, vs. City of Du- buque, Defendant, in the amount of $360.SS, on account of damages to his property, real and personal, caused by a break in a defective water main lo- cated in the alley abutting his premises at 141 Locust Street, presented and read. Councilman Van Duehnan moved that the Original Notice of Suit be re- ferred to the City Solicitor. Seconded by Councilman Wharton, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-ATOne. Original Notice of Suit of Mary Cholvin, Plaintiff, vs. City of Dubuque, Defendant, in the amount of $12,000.00 for injuries sustained in falling on a de- fective sidewalk on the North side of Ninth Street between Iowa and Main Streets, presented and read. Council- man Van Duelman moved that the Original Notice of Suit be referred to the City Solicitor. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs. H. Spiegel- halter in the amount of $118.00 for per- sonal injuries sustained in a fall caused by a hole in the street between 24th and 25th on Elm Street, presented and read. Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schuel- ler, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller•, Van Duelman, Wharton, Nays-None. Communication of the Postal Tele- graph-Cable Company relative to the 212 Regular Session, October 7th, 1940. proposed improvements in the vicinity of $ast 7th and Commercial Streets and requesting that they be advised as to when action is to be taken closing 1;ast 7th Street, in order that they may present their claim with costs for the relocation of their lines, presented and read. Councilman Wharton moved that the communication be referred to the Council for their consideration at the time that the proposed ordinance is be- ing considered by the Council, Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Communication of Chief of Police Strub thanking the City Council for the favor extended itr authorizing the pay- ing of his expenses as a delegate to the convention of the Iowa Association of Police Chiefs and adivising Council that the Association'had made an appropria- tion to take care of the expenses of its Officers, presented and read, Council- man Mhrphy moved that the communi- cation be received and filed. Seconded by Councilman Schueller, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of the League of Iowa Municipalities calling the atten- tion of the City Council to the im- portance of contacting the candidates fdr the Legislature before election upon matters which are of interest to Cities and Towns, presented and read. Coun- cilman Murphy moved that the com- munication be referred to the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Communication of Mississippi Valley Association extending an invitation to the Honorable Mayor and Members of the City Council to attend the annual meeting of the Association which will be held in St. Louis on October 14 and 15, 1940, presented and read. Council- man Murphy moved that the communi- cation be referred to the Council. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, 1Vharton. Nays-None. teution of Municipal Officials to the need for immediate action, presented and read. Councilman Van Duelman moved that the communicaton and at• tached resolution be referred to the Council, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Petition of Frank Reis requesting a refhnd on his cigarette permit as he has discontinued business as of September 1st, 1940, presented and read. Council- man Van Duelman moved that the re- quest be granted and that the City Au- ditor be instructed to draw a warrant in the amodnt of $75,00 in favor of Frank Reis, to cover the amount of re- fund granted. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Thompsbn, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of L. Schuster requesting a refund on his cigarette permit as he has discontinued business as of September 30th, 1940, presented and read. Coun- cilman Van Duelman moved that the request be granted and that the City Auditor be instructed to draw a war- rant in the amount of $75A0 in favor of L. Schuster to cover the amount of refund granted. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of the Republican County Central Committee requesting permis- sion for the erection of a banner across llaiu Street from 1071 Maiu Street to the opposite side presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays - None. Petition of John Rider Wallis, Chair- man of the Parade Committee of the Community Chest, requesting permis- sion for the holding of a street parade on Saturday afternoon, October 12th, 19';0, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Murphy. Carried by the following vote: Yeas-11layor Thompson, Councilmen Murphy, Schueller, Van Duelman, GVhartou. Nays-None. Communication of the International Association of Fire Chiefs submitting attached resolution concerning the im- portance of building up the fire forces of the country to cope with problems of National Defense and to call the at- Petition of George H. Brandt, refer- red to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes ou the South % of Lot 162 )cast Dubuque Addition, presented Regular Session, October 7th, 1940. 213 and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Mrs. Katie A. Miller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1939 taxes on Lots 9 and 10 of Johnston's Subdivision, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Wharton, Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Dueman, Whar- ton. Nays-None, Petition of George B, Collinson, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1939 taxes on hots 17 to 24 Block 2 of Grandview Park Addition, presented and read. Councilman Van Duelman moved that the petition be referred to the City Solicitor for inves- tigation and report, Seconded by'Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of Paul V. Ryan and Roy F. Sprengelmeyer, by Syl McCauley, their Attorney, requesting that their petition in the matter of their application for Right-of-Way to their properties be re- ferred to the City Solicttor for an opin- ion as to the legality of the stand taken by the Dubuque Park Board in refusing said property owners permission to con- struct driveways and in refusing said property owners access to their lots, presented and read. Councilman Mur- phy moved that the petition be granted and that the City Solicitor be instructed to prepare and submit said opinion as requested. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cihuen Murphy, Schueller, Van ,Duel- man, Wharton. Nays-None. Proof of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which warrants were drawn during the month of August, 1940, presented and read, Councilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. September 18, 1940. Honorable Mayor and Members of the City Council, City of Dubuque. Gentlemen: I herewith return peti- tion for cancellation of taxes lied by Mrs, Lena Ryder and with reference thereto, report as follows: The above named Petition is for can- cellation of the taxes, I would recom- mend that the taxes be stfspended, in accordance with Section 6950 of the Code; that the City Council of the City of Dubuque should approve said Peti- tion insofar as the suspension of the taxes are concerned, and notification of such approval should be given to the Board of Supervisors of Dubunque County, Iowa. Respectfully submitted, JOHN J. KINTZZINGER, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintz- inger be approved and that the request of Mrs, Lena Ryder for cancellation of taxes be denied but that a suspension of taxes be granted and that the Board of Supervisors be notified of the action of the City Council, Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. October 7, 1940. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following bonds and desire to have your approval on same for filing: Personal C. J. McCarthy, Harbor and Market Ivfaster-Bond No. 831463 New Am- sterdam Casualty Company, Respectfully submitted, A. A. RHOMBI;RG, City Manager, Councilman Van Duelman moved that the bond be approved and placed on file. Seconded by'Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Thompson, Councilmen 1vlurphy, Schueller, Van Duelman, Wharton. Nays-None. October 7, 1940, Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: With reference to the claim of Mrs. ];mina Wagner, in which she claims that on March 21, 1940, she fell on the sidewalk on the westerly side of Wilson Avenue about 70 feet south of the intersection of Wilson and Julien Avenues, said sidewalk being in 214 a dangerous and defective condition. I have made an investigation of the case, have talked the matter over with her counsel and they have agreed to accept $75.00 in full payment of her claim. I recommend that the claim be allowed in the sum of $75.00 and that a warrant be issued payable to Mrs. Enuna Wag- ner in the amount of $75.00 and that the same be delivered to her upon the exe- cution and delivery of a proper release to the City of Dubuque. Respectfully submitted, JOHN J. KINTZINGIaR, City Solicitor. Councilman Vau Duelman moved that the recommendation of City Soli- citor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Nlrs. Emma \Vagner as settle- ment in full of her claim and that said warrant be delivered to her upon the esecntion of a proper release. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Dubuque, Iowa, Oct. 7, 1940. Honorable Mayor and City CouuciL Gentlemen-Referring to the attached petition of Frank 114. Kelly, requesting extension of Local Business District on I,ot 1 of 2 of 1 of 1 of Mineral I,ot 67 easterly 160 feet,the Planning and Zon- ing Commission recommends that ac- tion be deferred until the City of Du- buque and the State Highway Depart- mentreach an agreement on the widen- ing of U. S. Highway No. 20 at this point, at whirh time the Plannnig and Zoning Commission would wish to study all the problems involved in the suggested change, Respectfully submitted, RICHARD V McKAY, Secretary Dubuque Planning & Zoning Cotnission. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman 1Vharton. Car- ried by the following vote: Yeas- Ma}~or Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 92-40. Be It Resolved, by the City Council of the City of Dubuque, that the fol- lowing, having complied with the provi- sions 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 Manager is directed to issue such permit on behalf of said City. Name Address Ci.arles P., Nelson, 431 Rhomberg Avenue. Loras College, 65S West Fourteenth Street. Be It Further Resolved, That the bonds filed with the applications be ap- proved. Passed, adopted and approved this 7th day of October, 1940. F. 1V. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT 1VHARTON, B, A. SCHUEI.I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Vau Duelman moved the adoptiat of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor 1'hompsou, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 93-40. 1Vhereas, Applications for Class "B" Beer Permits have been submitted to this Council for approva( and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applications be 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 Atame Address Carl Baumgartner and John Baumgart- ner, 1543 Central Avenue. Joseph W. Hauton and Virginia Han- ten, 2220 Delhi Street. Eugene P. McCamt and Katherine Mc- Cann, 802 Iowa Street. 14rs. 14fargaret Clancy, 336 Main Street. Hubert Melssen and Veronica Melssen, 1309 ELn Street. Edward J, Duccini and Mabel Duccini, 574 East Sixteenth Street. Passed, adopted and approved this 7th day of Otober, 1940. F. \V. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELI,ER, GEO. R. 11IURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Regular Session, October 7th, 1940. 215 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompsgn, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Resolution No. 94.40. Whereas, heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordin- ances of this City and they have filed a proper bond. Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named persons a Beer Permit. Class "B" Permit Name Address Carl Baumgartner and John Baum- gartnerfi 1543 Central Avenue. Joseph W. Hanten and Virginia Han- ten, 2220 Delhi Street. Eugene P. McCann and Katherine Mc- Cann, 802 Iowa Street. Mrs. Margaret Clancy, 336 Main Street. Hubert Melssen and Veronica Mels- sen, 1389 Elm Street, Edward J. Duccini and Mabel Duccini, S74 East Sixteenth Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. F. W, THOMPSON, Mayor, FRANK VAN DUEI.MAN, ALBERT WHARTON, B. A. SCHUELI.$R, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Murphy, Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. There being no further business, Councilman Wharton moved to ad- journ. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. J. J. SH1;A, City Clerk. Approved ______________________1941. Adopted ________________________1941. Councilmen; Attest: -----------------------------• City Clerk, Session, October 7th, 1940. 216 Special Session, October 21st, 1940. Special Session, October 21st, 1940. 217 City Council (Official) Special Session, October 21st, 1940. Council met at 7:25 P. M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Schueller and Wharton. A4ayor Thompso^ read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of acting upon petitions requesting suspension and can- cellation of taxes and upon any other business as may properly come before a regular meeting of the City Council. Notice of Claim of Johu F. Murphy in the amount of $4.00 for the replacing of a broken window in his truck caused in striking a depression in the street on Nevada Street, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Vau Duel- man. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Comunication of League of Iowa Municipalities requesting the City Coun- cil to contact the candidates for the legislature relative to matters which are of interest to the various cities and which will be presented at the next session of the legislature, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None, Communication of the Retail Mer- chants Bureau, Dubuque Chamber of Commerce, requesting Council to take action at their earliest convenience in changing the parking regulations on the streets surrounding Washington Park, presented and read, Councilman Whar- ton moved that the communication be received and filed. Seconded by Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Ordinance No. 22-40. An Ordinance amending Ordinance No. 1-39, being an Ordinance amending Ordinance No. 10- 37, entitled, "An Ordinance regulathtg the use of vehicles upon the streets of the City of Dubuque; Designating the provisions hereof as the Traffic Cade of said City: Repealing all Ordinances or parts of Ordinances in conflict here- with; Providing a penalty for violation hereof;" by repealing Subdivisions (c), (d), (f), and (g), Section 1; Subdivi- sions (d),(e), (f) and (g), Section 2, and all of Section 3, excepting the last Paragraph thereof, of (d) Rule 10$, Paragraph 736, Section 1 of Ordinance No. 1-39 and enacting substitutCs there- fore and in lieu thereof, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor~ Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Councilman Vatt Duelman moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas - Alayor Thompson, Councilmen Murphy, Schueller, 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 Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public inspection for at ]east one week before its final adoption. Seconded by Counilman Wharton, Car- ried by the following vote: Yeas - Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of the Republican County Central Committee requesting permis- sion to eerct a banner across Main Street at Seventh Street for Judge W. A. McCullough, Republican Candidate for Congress in the 2nd District pre- sented and read. 'Councilman Murphy moved that the petition be denied. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Communication of C. W. Varner sub- mitting an offer in the amount of $1,850.00 for the purchase of hots 3, 4, S, 6 and 7 in Industrial Subdivision No. 2, presented and read. Councilman ~Uharton moved that the petition be referred to the City Manager for the purpose of contacting Mf. Varner rela- tive to submitting a better offer far the purchase of said lots. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of $dwin C. Kuehnle re- questing arefund of interest and pen- alties paid on special assessments on I,ot 1 of I,ot 1 of $ast % of I,ot 10 in Sister's Addition, presented and read. Councilmen Murphy 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-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of Mrs. Martin Seippel, re- questing the rezoning of I,at 1/ in Watters Subdivision, presented and read. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Peter Olinger et al re- questing Council to reconsider their decision in the matter of ordering the tagging of all cars found parked in vio- lation of the time limit as set out in the City Ordinance, presented and read. Councilman Van Duelman moved that the petition be referred to the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. Petition of Frank B, Hird, referred to the City Council by the Board of Supervisors, requesting cancellation of the 1939 taxes on hots 1 and 2 of 36, and also I,ot 1 of 37 of Julia I,ang- ta~orthy's Addition, presented and read. Cotinctlman Wharton moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of Carl I,. Grabow, Director of Recreation, requesting permission for the holding of a street parade and street dance on the night of October 31st, 1940, presented and read. Councilman Van Duelman moved that the request be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. Petition of G. H. McCutcheon, re- questing Council to give consideration to the installation of a stop light at the intersection of Twentieth and Jackson Streets, presented and read. Council- man Murphy moved that the petition be referred to the City Manager far a report after having a conference with the State Highway Commission as to the installation of a stop light at the intersection of Twentieth and Jackson Streets as requested. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Council Proceedings for the month of August, 1940, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of August, 1940, be approved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Quit Claim Deed from the Dunleith and Dubuque Bridge Company to the City of Dubuque conveying all that part of hots 1, 2, 3, 4 and S in Block 11 in the Dubuque Harbor Improvement Company's addition to the City of Du- busue, Iowa, lying northerly of a line located 70 feet perpendicularly distant northerly from and parallel with the center line of the Dunleith and Du- buque Bridge Company's main track, as now located, presented. Councilman Murphy moved that the Quit Claim Deed be accepted and ordered recorded with the County Recorder, Seconded by Councilman Schueller. Carried by the following vote: Yeas - Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. October 10, 1940. 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 Department for the month of September, 1940, also a list of claims and list of payrolls for which warrants were drawn during the month of September, 1940. Respectfully submitted, A• A. RHOMB$RG, City Manager• Councilman Van Duelman moved that the reports be received and placed ott file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Thompson, Coun- cilmen Murphy, Schueller, Van Duel- man, Wharton. Nays-None. 218 Session, October 21st, 1940. October 17, 1940. Hunorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen-With reference to the claim filed by Mrs. H. Spiegelhalter on October 7, 1940, I have investigated this matter and find that the lady fell while iu the street and I am of the opinion that there is no liability on the part of the City. I recommend therefore that this claim be denied. Inclosed herewith I am re- turning the claim. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Murphy moved that the recomme~tdation of City Solicitor Kintzinger be approved and that the claim be ordered disallowed Seconded by Councilman Van Duelman. Carrfed by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. October 1S, 1940, Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen-With reference to the action now pending in the District Court of Dubuque County, Iowa, being No. 29103 I,aw, Patricia Ann Murphy by William Murphy, her next friend, plaintiff, vs. the City of Dubuque, de- fendant, being for $1,000.00 for personal injuries and expenses because of an in- jury sustained by the plaintiff on or about May 10, 1939, when she stepped into a depression or opening in an iron grate abutting the premises knov~n as 1S7 Locust Street in Dubuque, it being claimed that said grate was maintained in a dangerous and defective conditon. I have made an investigation of this case, and have discussed the matter with the attorneys for the plaintiff and they have agreed to accept $100.00 in full payment of their claim. I recommend that the claim be al- lowed in the sum of $100,00 and that a warrant be issued payable to Czizek & Czizek, attorneys for Patricia Ann Mur- phy by her next friend, V~illiam Mur- phy, and that the same be delivered up- on the execution and delivery of a proper release to the City of Dubuque, at which time plaintiff will also dismiss said action with prejudice. Respectfully submitted, JOHN J. ICINTZINGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Kintzinger be aproved and that the City Auditor be instructed to draw a warrant in the amount of $100.00 in fa- vor of Czizek & Czizek, Attorneys for Patricia Ann Murphy by her next friend, William Murphy, as settlement in full of the claim and suit, said warrant to be delivered upon the execution and delivery of a proper release and dismis- sal of said action with prejudice. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Ma}nor Thompson, Councilmen Ivlurphy, Schueller, Van Duelman, Wharton, Nays-None. October lS, 1940. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen-With reference to an ap- plication filed by Paul V. Ryan and Roy F. Spengelmeyer asking that the City Council take certain steps with reference to action taken by the Park Board, it appears from said petition: "6. That the owners of said lots have requested permission from the Du- buque Park Board to construct such driveway, but permission has been refused. "7. That the undersigned, acting as attorney for said Paul V. Ryan and Roy F. Sprengelmeyer, also request- ed permission of the Dubuque Park Board for 1»s clients to construct said driveway, but permission was refused in writing, "9. That the Dubuque Park Board has been acting and is still acting in an arbitrary and unlawful manner in denying the right to construct drive- ways necessary for access to their property." By appearing before the Park Board the applicants submitted to the juris- diction of the Park Board. When any matter is brought before any public bod}~, that body must decide the same one way or another and the presump- tion is that that board will act fairly and impartially. The parties seek to have the City Council act in review on action taken by the Park Board in this matter and gtve certain directions and instructions to the Park Board. The 5ectiin cited by applicants, 6669 of the 1939 Code of Iowa, does not give power to the City Council but does purport to give cer- tain powers to the City Manager It is provided by Section 5798 of the Code of Iowa, as follows: "It (the Park Board), except as otherta~ise provided in this Chapter, shall have exclusive control of all parks. "S80S. Jurisdiction. The jurisdic- tion of such Board shall extend over all lands used for parks, within or without the corporate limits . " It would seem therefore, from the provisions of the Code, that the Park Session, October 21st, 1940. Board had jurisdiction in the matter, and that the applicants in filing their petition with said Board, submitted to said jurisdiction. The City Council has no right in this matter to review the action taken by such Board. If the ac- tion of the Park Board was illegal and without authority fn law, as claimed by applicants, then this matter should be submitted by them to the Courts. I would recommend that the petition filed by Paul V. Ryan and Roy F. $prengelmeyer together with a copy of thfs opinion be submitted to the Park Board for their action. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Cou~tcilman Murphy moved that the recorttmendation of City Solicitor Kintzinger be approved and that a copy of the opinion be submitted to the Park Board for their actoon. Seconded by Councilman Schueller, Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, October 14,1940. Honorable Mayor and Members of the City Council, Ciky of Dubuque, Iowa: Gentlemen-I herewith return Peti- Lion for Suspension of Taxes filed by Mrs. Katie A. Miller asking that the 1939 tax on hots 9 and 10, Johnston's Sub., City of Dubuque, be suspended. I recommend that the Petition be ap- proved by the Council and that the Board of Supervlsors be notified of said action. - With reference to the Petition for Cancellation of Taxes filed by George B. Collinson for the tax on hots 17 to 24, Block No. 2, Grandview Park Add, for 1939, said applicant being blind and unable to pay the same, I recommend that the Petition be approved and that the Board of Supervisors be notified of said Action of the Council thereon. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recommendations of City So- licitor Kintzinger be approved and that the petition of Mrs. Katie A. Miller re- questing suspension of the 1939 tax on hots 9 and 10, Johnstone Subdivision be granted and also that the petition of George B. Collinson requesting cancel- lotion of the 1939 taxes on hots 17 to 24, Block No. 2, Grandview Park Ad- dition be granted and that the Board of Supervisors be notified of the action of the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- 219 son, Councilman Murphy, Schueller, Van Duelman, Wharton. Nays-None, October 21, 1940. Honorable Mayor and Members of the City Council, City 'of Dubuque, Iowa: Gentlemen-I am returning herewith Petition for Suspension of Taxes filed by George H. Brandt asking that the 1939 tax on: East Dubuque Add. S% of 162; in the City of Dubuque, be suspended. I recommend that the Petition be ap. proved by the Council and that the Board of Supervisors be notified of said action. Respectfully submitted, JOHN J. KINTZINGER, City Solicitor. Councilman Van Duelman moved that the recomendation of City Solicitor Kintzinger be approved and that peti- tion of George H. Brandt requesting suspension of the 1939 taxes on the South % of I,ot 162 )cast Dubuque Ad- dition be granted and that the Board of Supervisors be notified of the action of the City Counct~l. Seconded by Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 95-40. 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 Manager is directed to issue such permit on behalf of said City. Name Address I,eo V. Cunningham & J. M, Thomp- son, 263 West First Street. Be It Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 21st day of October, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUEI.I.ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 220 Session, October 21st, 1940, Councilman Murphy moved the adop- tion of the resolution, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No, 96-40, Whereas, Lot 1 of the Subdivision of hots 22 and 23 of Kelly's Subdivision in the City of Dubuque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934 inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Marie Lucas for $160.00 and Whereas, The sale of said property by Dubuque County, Iowa, to Marie Lucas for a sum less than the total amount stated in the Tax Sale Certifi- cate including all endorsements of sub- Sequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any special in- terest in said general taxes. Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Marie Lucas for the sum. of $160.00, in cash be and the same is hereby authorized and approved. Passed, adopted and approved, this 21st day of October, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the fallowing vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman,. Wharton. Navs-None. Resolution No. 97-40. Whereas, The west part of Lots 109- 110-111-112-113-114 and Lot 1 of 11S of Ham's Addition in the City of Du- buque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delin- quent taxes and unpaid taxes against the real estate for the years 1925 to 1934 inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above de- scribed real estate to Emil Grassel for $98.00 and Whereas, The sale of said property by Dubuque County, Iowa, toEmil Grasse] for a sum less than the total amount stated in the Tax Sale Certifi- cate including all endorsements of sub- sequent genera] taxes, interests- and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Emil Grassel for the sum of $98.00, in cash be and the same is hereby authorized and ap- proved. Passed, adopted and approved, tris 21st day of October, 1940. F. W. THOMP50N, Mayor. FRANK VAN DUELMAN; ALBERT WHARTON, B. A. SCHUELLER, GEO. R, MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 98.40. Whereas, Lots 1S to 31 inclusive, and also Lots 42-43-44 of Fairmount Park in the City of Dubuque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa, by the Coun- ty Treasurer of Dubuque County, Iowa• for delinquent taxes and unpaid taxes against the real estate for the years 1930 to 1934 iuclusive,.and Whereas, The said Dubuque County, Iowa, desires to sell the above described real estate to N. J. Hingtgen for $123.00 and Whereas, The sale of said property by Dubuque County, Iowa, to N, J. Hingtgen for a sum less than the total amount stated in the Tax Sale Certifi- cate including all endorsements of sub- sequent general taxes, interests and costs requires the written approval of a majority of all the tax levying bodies having any interest in said general tax- es; Now, Therefore, Be It Resolved, By the City Coun- cil of Dubuque, Iowa, that the sale of said property to N. J. Hingtgen for the sum of $123.00, in cash be and the same is hereby authorized and approved. Special Session, October 21st, 1940. Councilman Schueller. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Councilman Van Duelman moved that the following buildings be selected and designated as the polling places for the General Election to be held Novem- ber Sth, 1940. First Precinct-Bryant School, 1280 Rush Street. Second Pre- cinct-Washington Junior High School, Grandview Avenue and Dodge Street. Third Precinct-Franklin School, Jones and Bluff Streets,. Fourth I'recinct- Court House, Seventh Street and Cen- tral Avenue; Fifth Precinct-Lincoln School, 1175 West Fifth Stroet. Sixth Precinct-Irving School, Delhi and Ir- ving Streets, Seventh Precinct-City Hall, Thirteenth Street and Central Avenue, Eighth Precinct-Chamber of Commerce Building, Ninth and Locust Streets. Ninth Precinct-Engine House No. 1, Eighteenth Street and Central Avenue. Tenth Precinct-Centro] High School Building, Fifteenth and Locust Streets. Eleventh Precinct-Kohlman Building, 15 East Twenty-first Street. Twelfth Precinct-Fulton School, 2540 Central Avenue. Thirteenth Precinct- Lemper Building, 2774 Jackson Street. Fourteenth Precinct-Audubon School, Johnson and Lincoln Avenues. Fif- teenth Precinct-Marshall School, 1440 Rhomberg Avenue. Seconded by Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Passed, adopted and approved, this 21st day of October, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 99.40, Whereas, Lot 2 of Lot 11 of City Lot 703 in the City of Dubuque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934 inclusiye, and WHERAS, The said Dubuque Coun- ty, Iowa, desires to sell the above de- scribed real estate to Floyd Tschigg- frie for $55.00 and Whereas, The sale of said property by Dubuque County, Iowa, to Floyd Tschiggfrie for a sum less than the total amount stated in the Tax Sale Certificate including all endorsements of subsequent general taxes, interests and costs requires the written approval of a majority of all the tax levying and tax certifying bodies having any inter- est in said general taxes; Now, There- fore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Floyd Tschigg- frie for the sum of $SS.00, m cash, be and the same is hereby authorized and aproved. Passed, adopted and approved, this 21st day of October, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Councilman Murphy moved that the Church of the Nativity be•granted per- mission to erect a banner across Julien Avenue at Alpine Street. Seconded by 221 T. J. SHEA, City Clerk. Approved _______________________1941 Adopted -------------•----------1941. Councilmen: {----------------------- Attest: -----------••---------------- City Clerk. 222 Special Session, October 29th, 1940. City Council (Official) Special Session, October 29th, 1940. Council met at 8:05 P. M. Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rh6mberg. Meeting called by order of Council- men Van Duelman and Wharton. Mayor Thompson read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering applications for Class "B" beer permits and acting on any other business as may properly come before a regular meeting of the City Council, Quit Claim Deed of Ethel Grotkin and Austin Grotkin, her husband; John C, Pickard and Marjorie M. Pickard, his wife;'Dudley S. Thomas and Sara J. Thomas; his w'ife', conveying the fol- lowing described property to khe City of Dubuque, presented and read. Be- ginning at a point 1102.2' north of the center of Section 35, Township 89 North, Range 2 least of the 5th P. M., thence north 726', thence south 77 de- grees East 2$.66', thence south 545.23', thence along a 357' radius curve con- cave easterly and parallel to center line of cement pavement of Wartburg Place (formerly Fremont Avenue) 180.68' thence West 73.44' to point of beginning. Councilman. Van Duelman moved that the Quit Claim Deed be accepted and ordered recorded with the County Re- corder. Seconded by Councilman Mur- phy, Carried by the following vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Ordinance No. 22-40. An Ordinance amending Ordinance No. 1-39, being an Ordinance amending Ordinance No. 10- 37 entitled: "An Ordinance regulating the use of vehicles upon the streets of the City of Dubuque; Designating the provisions hereof as the Traffic Code of said City; Repealing all Ordinances or part s of Ordinances in conflict heerwith; Providing a penalty for violation hereof," by re- pealing Subdivisions (c), (d), (f), and (g). Section 1; Subdivisions (d), (e), (f) and (g), Section 2, and all of Sec- tion 3, excepting the last Paragraph thereof, of (d), of Rule 108, Paragraph 736, Section 1 of Ordinance No. 1-39 and enacting substitutes therefore and in lieu thereof, said ordinance having been passed upon first and second readings on October 21st, 1940, and ordered placed on file for public inspection with the City Clerk for at least one week before final adoption, presented and read a third time. ORDINANCE N0.22-40. An Ordinance Amending Ordinance No. 1-39, Being An Ordinance Am- ending Ordinance No. 10-37 Entitled, "An Ordinance Regulating the Use of Vehicles Upon the Streets of the City of Dubuque; Designating the Provisions Hereof As the Traffic Code of Said City; Repealing All Or- dinances or Parts of Ordinances in Conflice Herewith; Providing a Penalty for Violation Hereof"; By Repealing Subdivisions (c), (d), (f) and (g), Section 1; Subdivisions.(d), (e), (f) and (g), Section 2, and all of Section 3, excepting the last Para- graph Thereof, of (d), Rule 108, Par- agraph 236, Section 1 of Ordinance No. 1-39 and Enacting Substitutes Therefore and In Lieu Thereof. Bl; IT ORDAINED BY THE CITY COUNCIL, OF THE CITY .OF DUBUQUE: Section One. That Subdivisions (c), (d), (f) and (g) of Section 1, (d) Rule 108, Paragraph 736, Section 1, Ordin- ance No. 1-39, be, and the same are hereby repealed, and the following en- acted in substitution therefor and in Ileu thereof. (c) Both sides of West Sixth Street from Central Avenue to Bluff Street, (d) Both sides of West Seventh Street from Central Avenue to Bluff Street. Section Two. That Subdivisions (d), (e), (f) and (g), Section 2, (d) Rule 108, Paragraph 736, Section 1, of Or- dinance No, 1-39, be, and the same are hereby repealed and the following en- acted in substitution therefore and in lieu thereof. (d) Both sides of Locust Street from Nest Fourth Street to Twelfth Street, (e) Both sides of Bluff Street from West Fourth Street to Twelfth Street. Section Three. That al] of Section 3, (d), Rule 108, Paragraph 736, Section 1 of Ordinance No. 1-39, excepting the last paragraph thereof, be, and the same is hereby repealed, Section Four. This ordinance shall be iu force and effect ten (10) days from and after its final passage, adop- tion and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 21st day of October, 1940, Special Session, October 29th, 1940. 223 Passed, adopted and approved upon final reading this 29th day of October, 1940. F, W. THOMPSON, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, B. A, SCHUEI,L,ER, GEO. R, MURPHY, Councilmen, Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph- Herald newspaper this 31st day of Oc- tober, 1940, J. f .SHEA, 10-31-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Petition of Clarence E. and Maletta P. Walz requesting that the City Treas- urer be instructed to properly cancel the unpaid special assessments levied against I,ot 6 in Pinehurst, Dubuque, presented and read. Councilman Mur- pry moved that the petition be referred to the City Manager and City Solicitor for investigation and report. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 100.40. Be It Resolved, By the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of law relating to the sate of cig- arettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on befialf of said City. Name Actress Melvin, Ervin, A, G. and Clifford Koh- ler (The Fountain Cafe), 351 eighth Avenue, Be It Further Resolved, That the bond filed with the application be ap- proved. Passed, adopted and approved this 29th day of October, 1940. F. W. THOMPSON, Mayor, FRANK VAN DUEIrMAN, ALBERT WHARTON, B. A, SCHUELLER, GEO. R, MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Resolution No. 101-40. Whereas, application far Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- cant will be forthwith inspected. Class "B" Permit For Private Club Name Address International Brotherhood of Team- sters, Chauffeurs, Stablemen and Helpers of America, Local 421 (Union League Club), 400 Iowa Street. Passed, adopted ahd approved this 29th day of October, 1940. F, W. THOMPSON, Mayor. FRANK VAN DUEI;MAN, B. A, SCHUELI,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption df the resolution, Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Nays-Coun- cilman Wharton. Resolution No. '102-40. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- ant shall be forthwfth inspected. Class "B" Permit. Name Address John Peed (Transfer of address from 509 Eighth Ave,) 2600 Central Ave. Passed, adopted and approved this 29th day of Otober, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALB$RT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. 224 October 29th, 1940. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None, Resolution No. 103.40. Whereas, Hertofore application was filed by the within named applicant for Class "B" Permit and has received the approval of this Council; and Whereas, The premises to be occu- pied by such applicant have been in- spected and found to comply with the ordinances of this'City and he has filed a proper bond; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the Manager be and he is hereby directed to issue to the following named person a Beer Permit. Class "B" Permit. Name Address John Peed (Transfer of address from 509 Eighth Ave.) 2600 Central Ave. Be It Further Resolved, That the bond filed by such applicant be, and the same is hereby approved. Passed, adopted and approved this 29th day of October, 1940. F. W. THOMPSON, Mayor. FRANK VAN DUEI,MAN, ALBERT WHARTON, B. A. SCHUEIaIaER, GEO, R. MURPHY, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution, Seconded by Councilman Wharton, Carried by the followinv vote; Yeas -Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Van Duel- man, Carried by the following vote: Yeas-Mayor Thompson, .Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. J. J. SHEA, City Clerk, Approved -----------------------1941. Adopted ------------------------1941. Councilmen; {______________________ Attest: --------------------------- City Clerk. Regular Session, November 4th, 1940. 225 City Council (Official.) Regular Session, November 4th, 1940, Council met at 8:10 P, M, Present-Mayor Thompson, Council- men Murphy, Schueller, Van Duelman, Wharton, City Manager Rhomberg, Mayor Thompson 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 Julia Carter in an unstated amount for personal injuries sustained in a fall on a defective side- walk in front of No. 784 Dodge Street presented and read. Councilman Mur- phy moved that the Notice of Claim be referred to the City Solicitor for inves- tigation and report, Seconded by Coun- c~lman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None. Communication of $. E. Frith Com- pany, by $, T. Frith, advising Council that the agreement as proposed by the Chicago, Milwaukee, St. Paul & Pacific Railroad Company was satisfactory to them, said agreement being in lieu of opening their railroad crossing on Eighteenth Street that they are wdling to pave with concrete the two blocks on Sycamore Street from Sixteenth to Eighteenth, including the Eighteenth Street crossing (this is the South side of Sixteenth Street and the North side of Eighteenth Street) and is'to be thir- ty (30) feet wide, presented and read. Councilman Murphy moved that the City Manager be instructed to proceed no further in regard to the instructions heretofore given him in reference to the ppening of Eighteenth Street at the Railroad Tracks, Seconded by'Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Petition of Clarence E. and Melitta S. Walz amending their former petition of October 29th, and submitting an of- fer in the atpount of $5.00 for the can- cellation of the special assessment re- ferred to in their former petition and levied against I,ot 6 in Pinehurst, pre- sented and read. City Solicitor Kintz- inger recommended that the offer be accepted. Councilman Van Duelman moved that the verbal recommendation of City Solicitor Kintzinger be approved and that the City Auditor be instructed to draw a warrant in the amount of $20.92 on the Improvement Fund in favor of the Special Bonded Fund to cover the amount of the unpaid special assessment ordered cancelled against I,ot 6 in Pinehurst. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Councilmen Murphy, Schueller, Van Duelman, Wharton, Nays-None. Petition of George J. Haupert et al, property owners and residents in the vicinity of the grounds and buildings formerly occupied by the Corn Belt Packing Company, requesting the City Council to use every effort in prevent- ing the occupancy of these buildings and ground by an industry such as a packing plant or any other type of in- dustry which will be of an objectionable nature, presented and read, Council- man Van Duelman moved that the pe- tition be referred to the Council. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Thompson, Councilmen Mur- phy, Schueller, Van Duelman, Whar- ton. Nays-None. 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 ad- dress the Council. Seconded by ;Coun- cilman Van Duelman. Carried by the following vote: Yeas-Mayor Thomp- son, Councilmen Murphy, Schueller, Van Duelman, Wharton. Nays-None, Messrs. $. Marshall Thomas, Attorney, representing the H. & W. Motor Ex- press Company, I)r, W. A. Johnston and Titus B. Schmid addressed the Council requesting Council action upon the proposal submitted by the H. & W. Motor Express Company for the ~ur- chase of the grounds and buildings for- merly occupied by the Corn Belt Pack- ing Company, Councilman Wharton moved that the City Solicitor be in- structed to prepare a resolution to be submitted for Council action at a meet- ing to be held November 14th, 1940, covering the sale of the Corn Belt Buildings and Grounds, this resolution to be submitted to the County Board of Supervisors and containing Deed re. strictions against the use of said prop- erty for slaughter house, stock yards, fertilizer manufacturing, rendering plants and such other objectionable in- dustrial uses. Seconded by Councilman Van Duelman.'Carried by the following vote: YeasMayor Thompson, Council- men Murphy, Van Duelman, Wharton, Nays_Councilman Schueller. November 4, 1940, Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen-I herewith return peti- tion for Cancellation of taxes filed by Frank B. Hird and with reference thereto, report as follows: