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1939 February Council Proceedings26 Special Session, J Councilman Van Duelman moved that the recommendation of the Plan- ning and Zoning Commission be re- ceived and filed. Seconded by Coun- Gilman Thompson Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Wharton moved that the petition of A M. Place, Receiver for the Consolidated National Bank, requesting the removal of the single family restrictions on hots 8, 9, 10 and South S feet of 7 all in Block 3 in Grandview Park, be granted and that the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. There being no further business, Councilman Van Duelman moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. SH$A, City Clerk. Approved ____________________ 1939. Adopted _____________________ 1939. Councilmen: _ Attest: ----------------------------- City Clerk. 30th, 1939. Regular Session, February 6th, 1939. 27 City Council (Official.) Regular Session, February 6th, 1939. Council met at 8;50 P. M. Present-Mayor Clark, Councilmen Murphy, Thompson, Van Duehnau, Wharton, City Manager Rhomberg. Mayor Clark stated that this is the regular monthly meeting of the City Cowtcil 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 anyone 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 Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Messrs J A Hennig and J. J. I,udesch- er, Jr., addressed the Council requesting that the parking limits be extended on $ighth Avenue between Bluff Street and Julien Avenue. Petition of Shiloh Circle, No. 37, La- dies of the Grand Army of the Repub- lic, requesting permission for the hold- ing of a Tag Day on Saturday, April 8th, 1939, presented and read. Council- man Thompson moved that the request be granted. Seconded by Councilman Murphy. Carried by the follotiving vote: Yeas-Mayor Clark, Councilmen nfur- phy, Thompson, Van Duelman, Whar- ton Nays-None. Claim of H. M. Bradley in the amount of $19.83 for damages to his milk truck and its contents due to the poor condition of the alley between Audubon and Adair Streets which caused the truck to slide over the back and turn over, presented and read. Councilman Van Duelman moved to refer the Claim to the City Solicitor. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Bill of James F. I,ee Paving Co. iu the amount of $281.50 to cover S63 Cu. Yds. Asphalt Sand taken from I,ot 129 Ham's Addition by City Trucks, pre- sented and read. Councilman Van Duel- man moved to refer the bill to the City Manager for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas- Mayor Clark, Councilmen Alurphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Fischer Investment Co., et al, requesting that "non-parking" be extended on Locust Street from Fourth Street to Third Street, presented and read. Councilman Van Duelman moved to refer the petition to the City Man- ager, Chief of Police and Chief of the Fire Deparhneut for investigation and report. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. Petition of John J, and H Ir. I,und- beck, by Catherine Lundbeck, referred to the City Council by the Board of Supervisors, requesting suspension of the 1938 taxes on I,ot 11 of Cox's Ad- dition, presented and read. Couucil- mau Murphy moved to refer the peti- tion to the City Solicitor for investiga- tion and report. Seconded by Council- man Thompsmr. Carried by the follow- ing vote: Yeas-114ayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-None Petition of Catherine I,wtdbeck, re- ferred to the City Council by the Board of Supervisors, requesting sus- peusiou of the 1938 taxes ou I,ot 242 of Woodlawn Park Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solicit- or for investigation and report. Second- ed by Cowtcilman Thompson. Carried by the following vote: Yeas-Niaym• Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-Noce. Petition of Playground and Recrea- tion Commission requesting the City Council to authorize the use of Block F iu Industrial Subdivision for play- ground purposes, presented and read. Councilman Murphy moved to refer the petition to the City Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Clark, Council- men it/urphy, Thompson, Van Duel- tnau, 1Vharton. Nays-Noce. February 6, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following $xcavation Bonds and desire to have your approval on same for filing: $dward T. Cleaver, 1135 Main Street- Bond No. 735674, The Fidelity & Casualty Co. of N. Y. Ke}~ City Gas Company, 669 Main Street-Bond No. 735673, The Fidel- ity & Casualty Co, of N. Y. A. I,. Hammel, 2251 Prince Street- IVestern Surety Company. Respectfully submitted, A. A. RHOMB$RG, City Manager. 28 Regular Session, February 6th, 1939. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton Nays-None. City of Dubuque, Iowa. Resolution No. 24-39. Be It Resolved, By the City Cowt- cil, of the City of Dubuque, Iowa; Whereas, The, City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to an advertisement for bids ou the construction of building heretofore published on the 10th and 17th day of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. 114. at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids' for the construction of building, which said bids were taken under ad- visement by the City Council. Whereas, the base bid of ANTON ZWACK, Inc., for construction of building is the lowest bid submitted by any responsible bidder; and \Vhereas, a present estimate cost is: Building Construction- (Contract No. 4)__________$52,769.00 Heating and Plumbing Work- (Contract No. S)__________ 14,978.00 Electrical Work- (Contract No. 6)__________ 1,200.00 Pumping Unit- (Contract No. 3)__________ 11,275.00 (As bid of January 26, 1939) Vi1hereas, previous contracts have been made as follows: Contract No. 1 Well________$17,542.00 Contract No. 2 Reservoir___ 38,365.00 And \Vhereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ___________________ 8,000.00 Contract No. 8 Pump House 2,000.00 Contract No. 9 Supply Main From Pump House_______ S,S00.00 Total Estimate of Con- struction Contracts ______$151,629.00 Preliminary, Land and Engineering ____________ 8,500.00 Legal, Overhead, etc._______ 500.00 $160,629.00 Funds Available PWA Grattt$67,500.00 City Funds Available________ 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the contract for con- struction of building, as Contract No. 4, itt the amount of $52,769.00 be awarded to Anton Zwack, Inc., Dubuque, Iowa. Provided, however, that this award shall not be effective until Anton Zwack, Inc., shall have been notified in writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file far one tiveek ou January 30, 1939. Passed and adopted this 6th day of February, 1939. CARL A. CLARK, 11~Iayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. IvIURPHY, F. tiV. THOMPSON, 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 Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton, Nays- None. City of Dubuque, Iowa Resolution No. 25-39. Be It Resolved, by the City Council, of the City of Dubuque, Iowa. \Vhereas, the City of Dubuque, of the County of Dubuque, and State of Iowa, pursuant to au advertisement Eor bids on the Installation.of the proposed Heating and Plumbing heretofore pub- lished on the 10th and 17th day of Jan- uary, 1939, did on the 26th day of Jan- uary, 1939, at ten o'clock A. M„ at the City Clerk's Office, in the City Hall, in Dubuque, Iowa, receive bids for the in- stallation of the Heating and Plumbing, which said bids were taken under ad- visement by the City Council. Whereas, the base bid of Linehan Sr Molo, for heating and plumbing work is the lowest bid submitted by any re- sponsible bidder; and Whereas, a present estimate cast is: Building Contruction- (Contract No. 4)__________$52,769.00 Heating and Plumbing Work- (Contract No. S)__________ 14,978.00 Electrical Work- (Contract No. 6)__________ 1,200.00 Pumping Unit- ' (Contract No. 3)__________ 11,275.00 (As of Bid of Jatt. 26, 1939) Whereas, previous contracts have been made as follows: Contract No. 1 Well_________$17,542.00 Contract No. 2 Reservoir____ 38,365.00 ,Regular Session, February 6th, 1939. 29 Aud Whereas, future contracts are estimated as, follows: Contract No. 7 Deep Well Pump -------------------- 8,000.00 Contract No. 8 Pump House_ 2,000.00 Contract No, 9 Supply Main from Pump House________ 5,500.00 Total Estimate of Construc- tion Contracts ___________$1 51,629.00 Preliminary, Laud and Engineering _____________ 8,SOO.OC Legal, Overhead, etc._______ 500.00 $160,629.00 Funds Available PtiVA Grant.$67,500.00 City Funds Available_______ 95,000.00 $162,500.00 Norv, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iov~a, that the Contract for the Installation of Heating and Plumbing, as Contract No, S, in the amount of $14,978.00 be awarded to the Linehan & Molo, Dubuque, Iowa. Provided, however, that this award shall not be effective until the Linehan & Molo shall have been notified in writing by the City Manager of such a~a*ard. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file for one week on January 30th, 1939, Passed and adopted this 6th day of February, 1939. CARL A. CLARK, Nlayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. City of Dubuque, Iowa. Resolution No, 26-39, Be It Resolved, by the City Council, of the City of Dubuque, Iowa: \Vhereas, the City of Dubuque, of the County of Dubuque, and State of Iowa pursuant to an advertisement for bids on the Installation of the proposed Electrical 1Vork heretofore published on the 10th and 17th days of January, 1939, did on the 26th day of January, 1939, at ten o'clock A. M, at the City Clerk's Office, in the City Hall, in Du- buque, Iowa, receive bids for the in- stallation of electrical work, which said bids were taken under advisement by the City Council. \Vhereas, the base bid of United Electric Co., Inc., for installation of electrical work is the lowest bid by any responsible bidder; and Whereas, a present estimate cost is: Building Construction- (Contract No, 4)__________$52,769.00 Heating and Plumbing Work- (Contract No. 5)__________ 14,978.00 Electrical Work- (Coutract No. 6)__________ 1,200.00 Pumping Unit- (Coutract No. 3)__________ 11,275.00 1-Vhereas, previous contracts have been made as follows: Contract No. 1 Well_________$17,542.00 Contract No. 2 Reservoir____ 38,365.00 Aud Whereas, future contracts are estimated as follows: Contract No. 7 Deep Well Pump ___________________ 8,000.00 Contract No. B Pump House_ 2,000.00 Contract No. 9 Supply Main from Pump House________ 5,500.00 Total Estimate of Con- struction Contracts ______$151,629.00 Preliminary, Land and Engineering _____________ 8,500.00 Legal, Overhead, etc._______ 500.00 $160,629.00 Funds Available PWA Grant,$67,500.00 City Funds Available_______ 95,000.00 $162,500.00 Now, Therefore, Be It Resolved by the City Council of the City of Du- buque, Iowa, that the contract for elec- trical work, as Contract No. 6, in the amount of $1,200.00 be awarded to the United Electric Co., Inc., Dubuque, Iowa. Provided, however, that this award shall trot be effective until the United Electric Company shall have been no- tified, iu writing by the City Manager of such award. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Approved and placed on file far one week on January 30th, 1939. Passed and adopted this 6th day of February, 1939 CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. 30 Regular Session, February 6th, 1939. Regular Session, February 6th, 1939. 31 Councilman Van Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, ~Vhartou. Nays- None. February 3, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the special session of the City Council held on January 30, 1939, there was referred to me for an opinion the recommendation of the Planning and Zoning Commission upon the petition of George and Emil Bock, relative to the extension of a present nott-conform- ing use of their property, which recom- mendation of the Planning and Zoning Commission was as follows: "Referring to attached petition of Messrs. George and Tamil Bock, re- fen~ed to the Planning and Zoning Commissio^ by the City Council on January 13, 1939, it was the unanimous judgment of the commission that Messrs. Bock were requesting an ex- tension of the present non-conforming use of their property, and that the Board of Adjustment trader Article 9 of the Zoning Ordinance already had jurisdiction, Thus if the City Solicitor confirms the interpretation of the com- mission, the commission recommends that the City Council refer the matter back to the Board of Adjustment" Subdivision (a) of Article 9 of the Zoning Ordinance provides as follows: "(a) Non-conforming Uses. Any lawful use of a building or land existing at the time of the passage of this ordi- nance, even though such use does not conform to the provision of this ordi- nance, may be continued, but if any such non-conforming use is discon- tinued any future use of said premises shall be in conformity with the provi- sions of this ordinance. A non-conforming use shall not be extended, except as authorized by the Board of Adjustment, on appeal, but the extension of use to any portion of a building that was arranged or de- signed for such non-confonniug use, and existing at the time of the passage of this ordinance, shall not he deemed an extension of such use, for the pur- poses of this ordinance. For the purpose of this ordinance, a use shall not be deemed to be changed unless changed to a use not included in the same classification as the exist- ing use. A nmt-conforming use shall not be changed except to a more re- stricted use." At the time of the adoption of the Zoning Ordinance, Bock Brothers were engaged in the automobile repair, stor- age, and gas service station business at their present location, and although the use to which the property was then put did not conform to the provisions of the ordinance, it was the lawful use and Subdivision "A" of Article 9 pro- vided that such use might be continued. This same subdivision also provides that such non-conformity use shall not be extended except as authorized by the Board of Adjustment on appeal. It is the opinion of this office that the Board of Adjustment has jurisdic- tion in this matter, and has the right to grant or permit the extension of the non-conforming use to any portion of the property owned by the petitioners at this location, and to grant the prayer of the petition It is recommended that the petition, together with the recomendation of the Planning and Zoning Commission, and this opinion be referred to the Board of Adjustment of the Planning and Zoning Commission far their deter- mination. Respectfully submitted, AL• J. NELSON, City Solicitor. Councilman Van Duelman moved that the recommendation of City So- licitor Nelson be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Ma}nor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 6, 1939 Honorable Mayor and Cit}~ Council, Dubuque, Iowa. Gentlemen: At the meeting of the Council held on January 30, 1939, I was requested to prepare proper proceedings covering request of A. M. Place, receiver of the Consolidated National Bank of Du- buque, Iowa, for the changing from sin- gle-family residence district to two- family residence district of the South S feet of Lot Seven (7) and all of Lots S, 9 and 10 in Block 3, Grandview Park Addition. In accordance with your directions I have prepared and submitted herewith a resolution directing the City Clerk to punish notice of a public hearing to be held upon said proposed change in our Zoning Ordinance. Respectfully submitted, AL. J. NELSON, City Solicitor Councilman Van Duelman moved that the communication of City Solici- tor Nelson be made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Resolution 30-39, Whereas, the City Council of the City of Dubuque, upon its owtt mo- tion, proposes to amend and change the zoning map of said City, in the follow- ing respects: By changing from `single family resi- dence district" to "two-family residence district", the south five feet (S S ft.) of Lot Seven (7), and all of hots eight (8), nine (9), and ten (10), all in Block three (3) in Grandview Park Addition to .the City of Dubuque, Iowa; and, Whereas, before said zoning map may be thus amended and changed, it is necessary that a public hearing be, held thereon; Now, Therefore, Be It Resolved, by the City Council of the City of Du- buque that the City Clerk be, and he is hereby directed to cause to be published iu the Dubuque Telegraph-Herald, a notice of a public hearing to be held by this Council upon the proposed changes and amendments, said meeting and hearing being hereby fixed at 7:30 o'clock P. M., February 27th, 1939, amd to be held iu the Council Chamber in the City Hall, said notice to be pub- lished at least fifteen (1S) days before the date of said meeting, at which time all parties in interest and citizens shall have an opportunity to be heard, Passed, adopted and approved this 6th day of February, 1939. CARL A. CLARK, Nlayor, FRANK VAN DUhLMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution, Seconded by Councilman Van Duelman. 'Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 6, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held January 30, 1939, I was instructed to prepare proper ordinance covering the request of the Grand Opera House Company for permission to install a canopy over the sidewalk itt front of the Strand Theatre. In accordance with your direction I have prepared and am submitting here- with an ordinance covering the erection and maintenance of said canopy, the cost of the ordinance to be borne by the petitioner. Respectfully submitted, AL, J, NELSON, City Solicitor. Councilman Van Duelman moved that the communication of City Solicit- or Nelson be made a matter of record. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a can- opy itt front of the Strand Theatre, over the sidewalk abutting the North S3 1/S feet of City Lot 466 in the City of Du- buque, Iowa, and prescribing the con- ditions of such permit, 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. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Councilman Van Duelman moved that the rules be suspended requiring an or- dinance to be read on three separate days. Seconded by Councilman Whar- ton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading just had be considered the second read- ing of the ordinance Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None Communication of John S. Cain sub- mitting application for appointment to the Civil Service Board to fill vacancy caused by the resignation of Dr. E. J. Ryan, presented and read. Councilman Van Duelman moved that the commun- ication be received and filed. Seconded by Councilman Thompson Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, Wharton. Nays- None. Communication of J, N. Hayes sub- mitting application for appointment as a member of the Civil Service Com- mission, presented and read. Council- man Thompson moved that the com- 32 Regular Session, February 6th, 1939. muuicatiou be received and filed. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Communication of Cletn Schadle sub- mitting application for position on Civil Service Commission vacated by Dr. $mmett Ryau, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-7tlayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None, Councilman Murphy moved that Dr. Francis P. Quinn be appointed as a member of the Civil Service Commis- sion to fill the term expiring 114arch 31st, 1940. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. There being no further business Councilman Vau Duelman moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clarlc, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J• J• SH>;A, City Clerk, Approved _______________________1939 Adopted ________________________1939. Councilmen: {_______________________ Attest: ----------------------------- City Clerk. Special Session, February 27th, 1939. 33 City Council (Official) Special Session, February 27th, 1939, Council met at 8:30 P, M. Present-Mayor Clark, Councilmen Murphy, Thompson, Vau Duelman, Wharton, City Manager Rhomberg. Meeting called by order of Council- men Murphy and Van Duelman. Mayor Clark read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon a proposal to amend and change the Zoning Map by changing from "Single-Family Residence District" to "Two-Family Residence District" the South 5 feet of Lot 7 and all of Lots 8, 9, and 10, in Block 3 iu Graudviety Park Addition to the City of Dubuque, Iowa, and acting on any other business as may properly come before a regular meeting of the City Council, Proof of publication, certified to by the publishers, of the notice of a public hearing upon a proposal to amend and change the Zoning Map by changing from "Single Family Residence Dis- trict" to "Two-Family Residence Dis- trict" the South five feet of Lot 7 and all of Lots 8, 9, and 10, all in Block 3 in Grandview Park Addition, presented and read. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Councilman Murphy moved to sus- pend the rules for the purpose of al- lowing anyone present in the Council Chamber, who wishes to do so, to ad- dress the Council. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 3-39. Au ordinance amending and changing the Zoning Map of the City of Dubuque as provid- ed 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 territory now delimited as "Single- Family Residence District," and de- claring an emergency, 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 ,Clark, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. 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 Clark, Councilmen Murphy, Thompson, Van Duelman, 1Vharton. 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. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- ~llayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Notice of Mrs. Mary Van Vors in the amount of $175.00 for personal in- juries received in a fall, due to an icy condition, on the south side crossing from the west side to the east side at the corner of 20th and Jackson streets, presented and read. Councilman Mur- phy moved to refer the notice of claim to the ,City Solicitor for investigation and report, Seconded by Councilman Van Duelman, Carried by the follow- ing vote: Yeas-Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Notice of Claim of John Schultz in the amount of $3,000.00 for personal in- juries received in a fall ou rough and uneven ice on the cross-walk on the south side of West Ninth street which croses the Alley between Mait>, and Locust streets between Schneider Drug Company and Harl<ett's Floral Shop, presented and read. Councilman Mur- phy moved to refer the Notice of Claim to the 'City Solicitor for investigation and report. Seconded by Councilman Van Duelman, Carried by the follow- ing vote: Yeas-Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-.None. Notice of Claim of Mrs. Fannie R. Quade in the amount of $500.00 for personal injuries received in a fall on rough and uneven ice ou the sidewalk on the south side of West 8th Street a few feet east of the Alley between Maiu and Locust Streets and adjacent to the store of Montgomery Ward Com- pany, presented and read. Councilman Murphy moved to refer the Notice of Claim to the City Solicitor for investi- gation and report. Seconded by Coun- cilman Thompson, Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None. Notice of Claim of Miss Nan Mc- Cafferey in the amount of $5,000.00 for personal injuries received in a fall ou rough, rounded, and unedeh snow and ice upon the westerely crosswalk at the intersection of West 13th Street and Main Street, presented and read. Coun- cilman Murphy moved to refer the No- 34 Special Session, February 27th, 1939. tice of Claim to the City Solicitor for investigation attd report. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen 14furphy, Thompson, Vau Duelman, Wharton. Nays-None. Original Notice of Suit of John Al- derson, Plaintiff, vs. Louis Schmitt and Mary Schmitt, City of Dubuque, et al, llefendauts, of the foreclosure of a cer- tain mortgage deed upon the following real estate; the west half of the south- east quarter of Section 23 itt Township 39 north, Range I east of the 5th P. NL, presented and read. Councilman Mur- phy moved to refer the Original Notice of Suit to the City Solicitor. Seconded by Counciluman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Vau Duehnan, Wharton. Nays-None. Original Notice of Suit of Patricia Ann Murphy, by William Murphy, her next friend, m the amount of $1,000.00 for personal injuries received by Pa- tricia Ann Murphy due to a defective condition upon the sidewalk abutting the premises known' as No. 1S7 South Locust Street, presented and read, Councilman Murphy moved to refer the Original Notice of Suit to the City So- licitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas~Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Notice of Hospital Lien and state- ment of filing of St. Joseph Mercy Hos- pital to Mrs. John V. Roschftsch and City of Dubuque, presented and read Councilman Van Duelman moved to re~ fer the notice to the City Solicitor for investigation and report. Seconded b} Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark Councilmen Murphy, Thompson, Var Duelman, Wharton. Nays-None. Notice to Susanna Andre, City o' Dubuque and Dubuque County Treasu rer in the matter of the Condemnatiot of hots 24, 2S and 26 in Babcock's Ad dition by the Iowa State Highway Commission for the use and benefit o the State of Iowa in the improvemen of Primary Road No. U. S. 20 out o Dubuque west, presented and read Councilman Van Duelman moved t~ refer the notice to the City Manage and City Solicitor for investigation an report. Seconded by Councilma Thompson. Carried by the followin vote: Yeas-Mayor Clark, Councilme Murphy, Thompson, Van Duelmat Wharton, Nays-None. Notice to ];dwin C. Kuehnle, City c Dubuque and Dubuque County Treast rer in the matter of Condemnation c all of Lot 25 Sister's Addiion by tl Iowa State Highway Commission fc the use and benefit of the State t owa itt the improvement of Primary Zoad No. U. S. 20 out of Dubuque vest, presented and read. Councilman Ian Duelman moved to refer the notice o the City Manager and City Solicitor or investigation and report. Seconded ty Councilman Thompson. Carried by he following vote: Yeas-illayor Clarlc, councilmen Murphy, Thompson, Vau Duelman, Wharton. Nays-None. Notice to George M. Haas, City of Dubuque attd Dubuque County Treasu- -er in the matter of Condemnation of a tortion of hots 16 and 17 in Babcock's addition by the Iowa State Highway ~ommissiou for the use and benefit of :he State of Iowa in the improvement tf Primary Road No. U. S. 20 out of Dubuque west, presented and read. Cotmcilutau Van Duelman moved to refer the notice to the City Manager and City Solicitor for investigation and report. Seconded by Councilman Thompson, Carried by the following vote: Yeas-Alayor Clark, Councilmen 11lurphy, Thompson, Vau Duelman, 1lrharton.' Nays-None, Notice to Isabelle Van Driel, City of Dubuque and Dubuque County Treasu- rer in the matter of Condemnation all of Lots 42 and 43 in Babcock's Addi- tion by the Iowa State Highway Com- mission for the use and benefit of the State of Iowa in the improvement of Primary Road No. U. S. 20 out of Du- buque west, presented and read. Coun- cilman Van Duelman moved to refer the notice to the City Manager and City Solicitor for investigation and t•e- port. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Clark, Councilmen Mur- phy, Thompson, Van Duelman, Whar- ton. Nays-None. Notice to C. B. Trewin, City of Du- buque and Dubuque County Treasurer in the matter of Condemnation all of Lots 11 and 12 in Sister's Addition by the Iowa State Highway Commission for the use and benefit of the State of Iowa in the improvement of Primary Road No. U. S. 20 out of Dubuque west, presented and read. Councilman Van Duelman moved to refer the notice to the City I14anager and City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Communication of Dubuque Trades and Labor Congress together with a resolution that was passed by the Mill- workers of Dubuque, Iowa, attd adopt- ed by the Dubuque Trades and Labor Congress, relative to the employing of Dubuque Labor first before bringing in workers from out of town and request- ing the local employers of Millmen to give consideration to Dubuque work- Special Session, February 27th, 1939. men particularly those that have }vorked in the plants before and had been laid off when work was slack, pre- sented and read. Councilman Van Duelman moved to refer the communi- cation and resolution to the City Coun- cil. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, I Thompson, Van Duelman, Wharton. Nays-None. Resolution adopted by the Millwork- ers Local 1646 relative to the employ- ing of Dubuque Labor first before bringing in workers from out of town and requesting that local employers of Millmen give first consideration to Du- buque workmen, particularly those who have worked in the plants and had been laid off when work was slack, present- ed and read. Councilman Van Duel- man moved to refer the resolution to the City Council. Seconded by Coun- cilman Wharton, Carried by the fol- lowing vote: Yeas-Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Resolution adopted by the Interna- tional Association of Machinists rela- tive to the employing of Dubuque labor first before bringing in workers from out of town and requesting that local employers of metal tradesmen be asked to give first consideration to Dubuque workmen, particularly those who have worked in the plants before and had been laid off when work was slack, presented and read. Councilman Van Duelman moved to refet• the resolution to the Cit}~ Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of Curtis-Straub Co„ re- questing cancellation of their excava- tion bond with the Fidelity and De- posit Company as they have changed their insurance carrier, presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None, Petition of Continental Casualty Company requesting cancellation on their liability ott the excavation bond of Nesler & Buechel as of February 9th, 1939, ,presented and read. Councilman Wharton moved that the request be granted. Seconded by Councilman Van Duelman. Carried by the follow- ing vote: Yeas-Mayor Clark, Coun- cilmen Murphy, Thompson, Van Duel- man, Wharton. Nays-None. Petition of Dubuque Printing Press- men and Assistants Union No. 225, re- questing permission for to hold a car- 35 nival from May 15th, to and including 114ay 21st, 1939, on the City owned property on Fourth Street 15xtensian and further requesting that both the license fee and rental charge be waived, presented and read. Councilman Vau Duelman moved that -the request be granted and that the license fee and rental charge be waived. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Petition of William C. Brown and William L. Jones, owners of hots 33 and 35 of Grandview Heights, request- ing the vacation of the unnamed street on which the above mentioned lots abut from Plymouth Street southerly to the ettd of the street, which is at the south- erly end of said lots and advising Coun- cil that they desire to acquire title to the street area iE the same is vacated and in consideration of the vacation and transferring of the title from the City of this street in two parecls, they offer $150:00 iu full payment, presented and read. Councilman Van Duelman moved to refer the petition to the Plan- ning and Zoning Commission for rec- ommendation and report. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None Petition of Lillian L. Hargus, refer- red to the City'Council by the Board of Supervisors, requesting suspension of the 1938 taxes on Lot 1 of 1 of 1 of City Lot 667, presented and read. Coun- cilman Thompson moved to refer the petition to the City Solicitor for inves- tigation and report. Seconded by Councilman Murphy. Carried by the follotr~ing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Ordinance No. 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and maintain a can- opy in front of the Strand Theatre, over the sidewalk abutting the North S3 1/S feet of City Lot 466 in the City of Dubuque, Iowa, and prescribing the conditions of such permit, said ordin- ance having been passed upon first and second readings on February 6th, 1939, presented and read a third time. ORDINANCE 2-39. An Ordinance granting to the Grand Opera House, Inc., owner, its heirs and assigns the right to construct and main- tain acanopy in front of the Strand Theatre, over the sidewalk abutting the North 53 1/5 feet of City Lot 466 in the 36 Special Session, February 27th, 1939. - ~ Special Session, February 27th, 1939. 37 Paragraph 739,,Section 1, City of Dubuque, Iowa, and prescribing the conditions of such permit: BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF DUBUQUE: Passed upon first and second read- ings this 6th day of February, 1939. Passed, adopted and approved upo^ final reading this 27th day of February, 1939. the extension of the parking limits on Eighth Avenue to the intersection of Hill Street and Julien Avenue was re- ferred to the City Manager, Chief of Police, and Chief of Fire Department for investigation and report. We have made investigation of the situation in regard to parking and rec- ommend that the traffic ordinance be amended to restrict parking to one hour on Eighth Avenue from Bluff Street to the intersection of Hill Street and Julien Avenue. Respectfully submitted, A, A. RHOMBERG, City Manager, JOS. H. STRUB, Chief of Police. WM. L. RYAN, Chief of Fire Department. I herewith submit the reports of the City Auditor, City Treasurer, and City Water Department for the month of January, 1939, also a list of claims and list of payrolls for which warrants were drawn during the month of January, 1939. That the Grand Opera House, Inc., owner, its heirs and assigns, be, and it is hereby granted the right and author- ity to construct and maintain a canopy in front of the Strand Theatre, over the sidewalk abutting the North S3 1/S feet of City Lot 466 iu the City of Dubuque, Iowa, such canopy to be ten (10) feet above said sidewalk, twenty-nine feet (29 ftJ long, and ten (10) feet wide, and to be attached to the building lo- cated upon said lot and constructed over the entrance to the Strand The- atre, located thereon, according to the plans filed with the building commis- sioner of the City of Dubuque, and to be built under the supervision o~ the building commissioner of the City of ISubuque. Paragraph 740, Section 2. It is understood and provided that such right, license and permission is herein granted, subject to the payment and assumption by the said Grand Op- erat House, Inc., owner, of the cost of publication of this ordinance and sub- ject to the continuous control of the City Council of the City of Dubuque, reserving the right to impose restric- tions or conditions upon the enjoyment thereof, as may reasonably be necessary for the protection of the public inter- ests, including the right to revoke and rescind such permission if at any time the public interests should require such 'revocation If, and when such permit, right and license is revoked by the City Council, Grand Opera House, Inc., its heirs or assigns, shall remove such can- opy at their own expense, or restore such part of the sidewalk as has been occupied thereby to the same condition as it was in prior to the construction of such canopy. Paragraph 741y Section 3. ~_ This ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council, and publication as provided by lave, and the rights here- under shall accrue to said Grand Opera House, Inc., its heirs and assigns when the provisions hereof shall have been accepted by them. That the cost of publication of this ordinance, enacted for the benefit of the Grand Opera House, Inc., shall be borne by the Grand Opera house, Inc., of Dubuque, Iowa. CARL A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. MURPHY, F. W. THOIuIPSON, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE OF ORDINANCE BY OWNER Grand Opera House, Inc., owner, of the North S3 1/5 feet of City Lot 466 in the City of Dubuque, Iowa, does hereby accept the terms, provisions and conditions of the ordinance adopted by the City Council of the City of Du- buque, designated as: `Ordinance No. 2-39." "Au ordinance granting to the Grand Opera House, Lrc., owner, its heirs and assigns the right to construct and maintain a canopy in front of the Strand Theatre, over the sidewalk abutting the north S3 I/S feet of City Lot 466 in the City of Dubuque, Iowa, and pre- scribing the conditoins of such permit:" this 28th day of February, 1939. GRAND OPERA HOUSE (INC.) Owner. By JOHN H, hIACLAY, Secretary. Published officially in the Telegraph- Herald newspaper March 1st, 1939. J, J, sxEA, 3-1-1t. City Clerk. Councilman Van Duelman moved the adoption of the ordinance, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays-None. Report of the Board of Health for the month of January, 1939, presented. Councilman Thompson moved that the report of the Board of Health for the tttonth of January, 1939, be received and placed on file. Seconded by Coun- cilma^ Murphy. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 27, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council, held January 30, 1939, the petition of J. J. Ludescher & Son, et al, requesting Councilman Thompson moved that the recommendation of City Manager Rhomberg, Chief of Police 5trub and Fire Chief Ryan be approved and the City Solicitor instructed to prepare a proper ordinance. Seconded by Coun- cilman Van Duelman. Carried by, the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 27, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held February 6, 1939, the petition of Fischer Investment Co., et al, request- ing that "non-parking" be extended on Locust Street from 4th Street to 3rd Street was referred to the City Man- ager, Chief of Police and Chief of Fire Department for investigation and re- port. We have made an investigation of this situation and from our findings conclude that the requested change is not justified. We, therefore, recom- mend that the petition be denied. Respectfully submitted, A. A. RHOMBERG, City Manager. JOS. H. STRUB, Chief of Police. WM, L. RYAN, Chief of Fire Department. Councilman Wharton moved that the recommendation of City Manager Rhomberg, Chief of Police Strub and Fire Chief Ryan be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton, Nays-None, February 10, 1939. To the Honorable It4ayor and City Council, Dubuque, Iowa. Gentlemen: Respectfully submitted, A. A. RHOMBERG, City Manager Comicilman Van Duelman moved that the reports be received and placed on file. Seconded by Thompson. Car- ried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 24, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following Excavation Bonds and desire to have your approval on same for filing; Curtis-Straub Co„ 1069 Main Street- Policy No PL-43081, Bituminous Casualty Carp. Mullen Bros. Co., 1036 Main Street- Bond No, 53481, Continental Casu- alty Co. Nesler and Buechel, 1043 Main Street -Fidelity and Deposit Co. of Mary- land. Respectfully submitted, A A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Van Duelman, Carried by the following vote: Yeas- Mayor Clark, Councilman Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 27, 1939 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; Mr, Carl A. E. Dieterich, 806 Semin- ary Street, the owner of the South 125 feet of hots 17 and 18 of Littleton and Sawyer's Addition desires to promote the sale of his property to another party for building purposes. Each lot has a frontage of 40 feet on Seminary Street and contains 5,000 sq feet, Para- graph .e) of Section 3 of the Zoning Ordinance 3-34 provides as follows: "Lot Area Per Family. No Dwelling 38 Special Session, February 27th, 1939. shall be erected or placed on a lot con- taining less than six thousand (6,000) square feet or a width less than fifty (501 feet. Nothing in the area regula- tions of this ordinance relating to lot area per family shall be held to pro- hibit the erection of aone-family dwell- ing upon a lot, the area of which is less than that prescribed as the minimum lot area per family, provided such lot was held tinder separate ownership from the adjacent lots, and a recorded plat of lots or subdivision of property shows such lot to be separate and dis- tinct at the time of passage of this or- dinance. Vacant adjacent lots held by the same owner at time of the passage of this ordinance shall be replotted to provide the required lot area per fam- ily before any building is erected or placed thereon." The City of Dubuque is the owner of Lot 16 of Littleton and Sa4v}~er's Ad- dition adjacent to Mr. Dieterich's prop- erty. I recommend that the City Coun- cil view the grounds and consider the idea of selling Lot 16 to Mr. Dieterich in order to permit him to replat his property plus Lot 16 into two buildnig sites. Respectfully submitted, A. A. RHO1\~IBERG, City Manager. Councilman Van Duelmau moved that the recommendation of City Man- ager Rhomberg be approved. Second- ed by Councilman Wharton, Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomps- son, Van Duelmau, Wharton. Nays- Nane. Councilmen Murphy, Thompson, Van Duelmau, Wharton. Nays-None. February 14, 1939. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; The terms of Richard V. McKay and Fred E. Bissell have expired on the Planning and Zoning Commission, It will therefore be necessary that the City Council make appointments to this Commission. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson moved that Mr Richard V. McKay and Fred E. Bissell be reappointed as members of the Planning and Zoning Commission for the term expiring 11Iay 24th, 1943. Seconded by Councilman Murphy. Car- ried' by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton. Nays-None. February 14, 1939. To the Honorable, Mayor and City Council, Dubuque, Iowa. Gentlemen: The term of Rev. J. M. Wolfe as a member of the Board of Zoning Ad- justment will expire March 5, 1939. It is therefore necessary that the City Council make appointment to this Board for a five year term to expire March S, 1944 February 27, 1939. To the Ionorable Mayor and City Council, Dubuque, Iona*a. Gentlemen: The Midwest Lumber Co„ owner of Lot 28 of O'Neill's Riverview, desires to promote the sale of this lot to a pros- pective builder under an F. H. A. loan. The lot frontage of 40 feet on O'Neil Street is not enough to meet F. H. A. requirements. The City of Dubuque owns Lot 29 of O'NeiLs Riverview adjacent to the Lot in question. I recommend that the City Council view the grounds and consider selling Lot 29 in order to promote the building of a home. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Van Duelmau moved that the recommendation of City Man- ager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Clark, Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that Rev, J. M. Wolfe be reappointed as a member of the Board of Zoning Adjust- ment for the term expiring March Sth, 1944 Seconded by Councilman Van Duelmau. Carried by the following vote: Ytas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton. Nays-None. Resolution No. 31-39. Whereas, application for Beer Per- mits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, by the Council of the City of Dubuque that the following ap- application be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Special Session, February 27th, 1939. 39 Class "B" Permit Name Address James Slack (Transfer of address from 84 Main St.)_______1200 Iowa Street Louis J. Hesling and Donald M. Pins__ _______________ISSS Central Avenue Mrs Lucille Jansen___S04 Central Ave. Esther Wright and Roy A. Wright__ _______________2600 Central Avenue Earl Kluck_____S00 Rhomberg Avenue Henry Grimme and Elizabeth Grimme ____310 East 30th Street ----------- Arnold Mathis______2319 Prince Street Hubert M. Fischbach________________ _______________1255 Central Avenue Class "C" Prmit Erwin Grab______1S7S Central Avenue Passed, adopted and approved this 27th day of February, 1939. CARL A. CLARK, Mayor, FRANK VAN DUELII~IAN, ALBERT WHARTON, GEO. R. MURPHY, F, W, THOMPSON, Councilmen. Attest: J. J. SHEA, 'City Clerk. Councilman Van Duelmau moved the adoption of the resolution, Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton, Nays-None. Resolution Na. 32-39. Whereas, heretofore applications were filed by the within named appli- cants for Beer Permits and they re- ceived the approval of this Council; and Whereas, the premises to be occupied by them have been inspected and found to comply with the ordinances 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 James Slack (Transfer of address from 84 Main St.)_______1200 Iowa Street Louis J. Hesling and Donald M. Pins _______________1SSS Central Avenue Mrs, Lucille Janseu___S04 Centro] Ave. Esther Wright and Roy A. Wright__ _______________2600 Central Avenue Earl Kluck_____S00 Rhomberg Avenue Henry Grimme and Elizabeth Grimme ________________310 East 30th Street Arnold Mathis______2319 Prince Street Hubert M. Fischbach______________ _______________1255 Central Avenue Class "C" Permit Erwin Grab______1575 Central Avenue Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 27th day of February, 1939. CARL, A. CI,ARI{, Mayor, FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, F, W: THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelmau moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelmau, Wharton, Nays-None. City of Dubuque, Iowa. Resolution No. 33-39. Be It Resolved, By the City Council of the City of Dubuque, Iowa: Whereas, The Federal Emergency Administration of Public Works has requested that the City of Dubuque, Iowa, adopt a new resolution showing a revised estimate on the finances and a further breakdown on certain items of PWA Project 1684-F; Improvements to Water Worlcs System; Now, Therefore, Be It Resolved, by the City Council of the City of Du- buque, that the new revised estimated cost of PWA Project 1664-F is as fol- lows: 1. Preliminary _____________$ 500,00 2 Land and right of way____ .00 3. Construction ____________ 151,629.00 Previous Contracts Awarded: Contract No. 1 Wel]____$17,542.00 Contract No. 2 Reservoir 3$,365.00 Contract No. 4 Building Construction _________ 52,769.00 Contract No. S Heating and Plumbing ________ 14,978.00 Contract No 6 Electrical Worlc ________________ 1,200.00 Bid received Jan. 26, 1939: Contract No. 3 Pump____ 11,275,00 Future 'Contracts are Estimated as follows: Contract No, 7 Deep Well Pump ________.._____$ 8,000.00 Contract No. 8 Pump House ________________ 2,000,00 Contract No. 9 Supply Main from Pump House_____ 5,500.00 4. Engineering ______________ 8,500.00 S. Legal and Administration__ 500.00 6. Interest ______..___________ .00 7. Miscellaneous _____________ .00 Total Estimate of Construc- tion Contracts ___________$161,129.00 Funds Available PWA Grant$67,500.00 City of Dubuque Funds Deposited _______________ 95,000.00 $162,500.00 40 Special Session, February 27th, 1939. Be It Further Resolved, that this resolution being deemed urgent and of immediate necessity become effective from and after its final passage and adoption by the City Council. Passed and adopted this 27th day of February, 1939. CARL, A. CLARK, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO. R. 111URPHY, F. VV. THOMPSON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the ~, adoption of the resolution. Seconded by Councilman «rharton. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thomp- son, Van Duelman, 1Vharton. Nays- None. Ordinance No. 4-39. An Ordinance granting to $• E• Frith Company, Inc., the right to lay, construct and maintain a 10 inch sewer in Eighteenth Street, said sewer beginning at a point on the lot line of the Southerly side of Eigh- teenth Street, and 36 feet Easterly from Sycamore Street, and extending 32 feet in a Northerly direction to the center of Tighteenth Street, and thence in a wes- terly directiatt in the center of Eigh- teenth Street, a distance of approximate- ly 240 feet to connect with B-Branch `Sewer, presented and read. Councilman Van Duelman moved that the reading :just had be considered the first reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Clark, Councilmen It~Iurphy, Thompson, Van Duelmau,Wharton. Nays-None. Coun- cilman Van Duelman moved that the rules be suspended requiring an ordi- uance to be read on three separate days. Seconded by Councilman Wharton, Carried by the following vote: Yeas- Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. The ordinance was then read a second time. Councilman Van Duelman moved that the reading iust had be considered the second reading of the ordinance. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas~Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. February 24, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of H. M. Bradley. Gentlemen: On February 1$, 1939, there was re- ferred to me for investigation and re- port claim of H. M. Bradley, filed on February 2, 1939, in the sum of $19.83 for damages to his milk truck sustained January 21, 1939, alleged to have been due to the poor condition of an alley between Audubon and Adair Streets. I have completed investigation of this claim and find that this accident was dtte to the slippery condition of the al- ley due to recent rains, snow and freez- ing, and not to any defect in the street. It is my opinion that no liability ex- ists on the part of the City of Du- buque, and I, therefore, recommend that the claim be disallowed. The claim referred to me is herewith returned. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Murphy moved that the recommendation of City Solicitor Nel- son be approved and the claim disal- lowed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, 1~~harton. Nays-None. February 27, 1939. Honorable Mayor and City Council, Dubuque, Iowa. Re: Claim of Osweiler Van Service, Gentlemen: In accordance with your directions, I have completed investigation of a claim filed on September 14, 1938, by the Os- weiler Van Service in the sum of Eighty ($80.00) Dollars, for damages to a truck alleged to have been sus- tained on September 6, 1938, and due to the overhanging limb of a tree on Merz Street. Investigation discloses that this acci- dent happened during or just after a very heavy rain, and that the limb of the tree in question was at the time weighted down with rain, which caused the limb to sag, and that the condition then existing was due to no fault on the part of the City, and was open and obvious and coufd have heen seen by a careful driver, and I find no liability on the part of the City,,and therefore rec- ommend that the claim be disallowed. The claim referred to me is herewith returned. Respectfully submitted, AL. J. NELSON, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Nelson be approved and the -claim dis- allowed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Clark,Z;ouncilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. Special Session, February 27th, 1939. 41 There being no further business, Councilman Wharton moved to ad- journ, Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Clark, Councilmen Murphy, Thompson, Van Duelman, Wharton. Nays-None. J. J. sxEA, ; City Clerk. Approved ____________________ 1939. Adopted _____________________ 1939, Councilmen: _______________________ Attest: ----------------------------- City Clerk.