1938 January Council ProceedingsRegular Session, January 3rd; 1938 1
City Council
(Official)
Regular Session, January 3rd,
1938.
Conneil met at 7:40 P. M.
Present-Mayor Chalmers, Coun•
cilmen Bennett, Clark, Dane, Mur•
phy, City' Manager Rhomberg,
Mayor Chalmers 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.
Ordinance No, 19-37
An ordinance amending an ordi-
nance entitled: "An m'dinance es•
tablishing a Builrling Code for the
City of Dubuque; creating the of•
fice of Building Commissioner,, fix•
ing the salary of said officer and
defining the powers and duties of
such Building Commissioner, and
prescribing penalties for violation
thereof," by .repealing Section 639
relating' to the location of heating
plants in theaters, and enacting a
substitute therefor, and declaring
ali emergency, said ordinance hav-
ing been passed upon first reading
an December 20th, 1937, presented
and read a second time.
ORDINANCE N0. 19-37
An ordinance amending an ordi-
nance entitled: "An ordinance estab-
lishing aBuilding Code for the City
of Dubuque; creating the office of
Building Commissioner, fixing the
salary of said officer and defining
the powers and duties of such Build-
ing Commissioner, and prescribing
penalties for violation thereof," by
repealing Section G39 relating to the
locatimt of heating plants in theaters,
and enacting a substitute therefor,
and declaring an emergency.
Be it ordained by the City Council
of the City of Dubuque:
PARAGRAPH G35, Section 1. Tltat
Section G39 of an ordinance entitled;
"Au ordinance establishing a Build-
ing Code for the City of Dubuque;
creating the office of Building Com-
missioner, fixing the salary of said
officer and defining the Powers and
duties of such Building Commission-
er, and prescribing Penalties for vio-
lation thereof," relating to the loca-
tion of heating plants in theaters be
and the same is hereby repealed.
PARAGRAPH 63G, Section 2. 'Chat
in lien of said Section 639 hereby re-
pealed, there be enacted the follorv-
ing:
"Section G39. Location of heating
plants. In any building to be erect-
ed for use as a theater, heating
plants shall be located outside the
building, or in an extension thereof,
but . in no case shall such plant be
located under m• within any portion
of the building, nor shall any boiler
or furnace used for heating or other
purposes be located within the en-
closing walls of a theater, nor under
any Passageway, court or stairway
used ns a means of egress, In any
exis[ing.~building to be. reconstructed
or remodeled' for use as a theater,
heating plants shall be located out-
side of such building or in an .ex-
tension thereof where the building
within which it is proposed to op-
erate the theater does not occupy
the entire lot or parcel of real estate
to be used for such purposes., lf,
however, such building does occupy
the entire lot ar'garcel of real estate
to be used for such purposes, tkien
and in such event, suelt heating
plants may be located within the
building at such places therein 'as;
in the judgment of the Building
Commissioner and the Chief of the
Fire Department, will constitute the
least possible clanger as a fire haz-
ard; aitd in locating such heating
Plants, boiler or furnaces used fm'
heating or other purposes, due re-
gard shall be given to passageways,
courts ahd stairways used as means
of egress from said building, ht
any event, whether such heating
plants are located outside of or with-
in the building to be used and occu-
pied as a theater, [he space alloted
therefor shall be enclosed by ,solid
masonry walls of not less than 12
inches' in 'thickness or of reinforced
concrete no[ less than 8 inches in
thickness, and the ceiling shall be
constructed o[ rehtforaed concrete of
not less than G incites in thichness.
Dom•ways in walls connecting with
the building to be used as a theater
shall be equipped with automatic
t'ire doors mhich ,shall at all times
be iu good working condition.
Complete plans and specifications
nY any proposed heating plant show-
ing the proposed location thereof, the
character of heating plant to be
used and the method of installatimt
shall be submitted to the Building
Couuitissioner and Chief of the Firn
Department, and their approval shall
be received therefor before such
plant is installed. Any heating plant
installed in any building proposed
to be used as a theater which does
not confm•nt to the foregoing pro-
visions shag be condemned by the
Building Commissioner as a firo
hazard and the building shall nut
be used as a theater until such heat-
ing plants are made to conform to
the foregoing regulations."
PARAGRAPIi G37 Section 3. This
ordinance being deemed urgent and
in the interest of public safety,
health attd convenience, shall be in
force ft•om and after its final pass-
age, adoption and approval by the
City Council and publication as pro-
vided lty larv.
Passed upon first reading this 20th.
day of December, 1937.
Passed upon second reading this
3rd. day of January, 1938.
Passed, adopted and approved
neon final reading this 3rd. day of
January, 1933.
,fohn Ii. Chalmers,
illayor.
Carl A, Clarlt,
M. R. I{one,
Geo. R, iVlurphy,
A, ill. Bennett,
Councihneu,
Attest: J. J. Shea, City Clerk.
Published officially in The Tele-
graph-Herold nervspaper, January
5th., 1935. 1-5-1T.
J. J. Shea,
City Clerk,
Councilman Bennett moved that
the reading just had be considered
Regular Session, January 3rd; .1938 _ _
the second reading of the ordi•
Haute. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council•
Wren Bennett, Clgrk, I{one, Mur•
phy.
Nays-None.
Couucilmatt Kane moved that the
rules be suspended requiring an or-
dinance to be read on three separ-
ate days.. Seconded by Councilman ',
Bennett. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy;
Nays-None.
Councilman Kane moved that the
ordinance be read a third time. Sec-
onded by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy,
Nays-None.
The ordinance was then read a
third time.
Councilman Bane moved that the
reading jest had he considered the
third reading of the ordinance.
Seconded by Councilman Clark,
Carried by the' following vote;
Yeas-Mayor Chalmers,. Council-
men Bennett, Clark, I{ante, Murphy.
Nays-None,
Councilman Clarlt moved the ad-
option of the ordinance. Seconded
by Conncihnan Murphy. Carried
by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
Original A'otice of Suit of Kate
Glass, plaintiff, vs. City of Dubuque,
Iowa, defendant, in the amount of
$000.00 for personal injuries receiv-
ed in falling on icy sidewalk lead-
ing from Jackson Park to Iowa
Street at about Sixteenth Street,
presented and read.
Councilman Beunett moved to rc•
fer the Original Notice of Suit to
the City Solicitor. Seconded by
Councilman Clark. Carried by the
following vote:
Yeas-Mayor Chalmers, Couucil•
men Bennett, Clark, Kane, Murphy.
Nays-None.
Notice of Claim of Alfred C. Rn-
precht in the amount of $3,000.00
for injuries received in a fall upon
an icy sidewalk on the northerly
side of 14th Street between Main
Street and the alley next East of
tllain Street, presented and read.
Councilman Bennett moved to rep
ter the Notice of Claim to the City
Solicitor. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Ma}rot Chalmers, Cottncil-
men Bennett, Clarke, I{one, Murphy,
Nays-None,
Communication of George C.
Flanders, Capt., 133rd. Inf., Iowa
N, G. Comdg. Co. "A," requesting
tltat the building on 9tlt and Iowa
Streets occupied by Fire Head-
quarters and: the National Guard
Company be inspected by the City
Building Commissioner as to the
stability of said 'building to hold
large crowds on the third floor,
lmown as the Armory floor, pre•
seated and read.
Councilman I{one moved to refer
the communication to the City Man-
ager and Building Commissioner
for investigation and report. Sec-
onded by Councilman Clarlt. Car•
Tied by the following vote:
Yeas-Mayor Chalmers, Couucil•
men Beunett, Clark, I{one, Murphy.
Nays-None,
Petition of Dubugns Firo Fight•
ere Association regtesting permis-
sion to solicit advertisements for
their program and to tree any other
legitimate means of raising the nec-
essary fiords to defray the expens•
es that their organisation will in-
cur in entertaining the Iowa Asso•
ciation of Fire Fighters Convention
which will be held during the first
week in Jttne, 1938, presented and
read.
Councilman Murphy moved that
the request be granted, Seconded
by Conncilmari Clarlt, Carried by
the following vote:
Yeas--Mayor Chalmers, Council-
men Bennett, Clark, I{one, Murphy,
Nays-None.
Petition of C. W. Datisman, Trus-
tee, requesting that the City Coun-
cil accept the delinquent City spe-
cial taxes, without penalty and in-
terest, on Lots 33, 34 and 35 of
Min. Lot 39 and that the County
Auditor be instructed accordingly
and also that he be permitted to
redeem Tax Sale Certificate- No. 177
hold by the City of Dubuque on
Lot 33 of the Sub, of Min, Lot 39
without penalty and interest, pre-
sented and read.
Councilman Murphy moved that
the petition be received and filed.
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark,, Kane, Murphy:
Nays-None.
Petition of Tavern Keepers' •ts-
sociation of Dttbugtte, Iowa, sub-
mitting recommendation that the
City Council, by a proper m•di-
nance, regulate the issuance of
Class "B" licenses, as follows: (1)
That the number of Class "B" li-
censes to be issued be limited to
Regular Session, January 3rd, 19,18
the number now issued and in op•
eration; (2) That no new Class "B"
licenses be issued excepting that a
proper transfer of licenses be per-
mitted from one location to another
by .a present license holder; (3)
That said ordinance provide that a
tavern and the license under which
said tavern is being operated tna.y,
`situ iha consent of .the City Conn•
cil, be sold by the present owner
of said liaenae aatd tavern to anoth-
er to whom a ltcense would be is-
sued if said purchaser meets the
requirements of the law relating
to the issuance of licenses and op•
eration of said business, presented
and read,
Councilman Clarlt moved to sus•
Pend the rules for the pm•pose of
allowing- any one ,present in the
Couucil Chamber, who wishes to
do so, to address the Council, Sec•
onded by Councilman I{one, Car-
ried by the following vats:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, I{one, Murphy,
Nays-Noce.
Attorney Al J, Nelson, represent-
ing the Tavern Keepers' Associa-
tion and W, E. Rt•iggs, President
of. the Tavern I{eepers' Associa-
tion, addressed the Council sug-
gesting that the petition be refer-
red to the City Couucil for further
consideration at an informal meet-
ing and that the Tavern Keepers'
Association would like to bs pres-
ent at said meeting to discuss this
question lvith the City Council.
Councilman Murphy moved to re•
fer the petition to the City Council
for further consideration, Second•
ed by Conncihnan Bennett. Car•
tied by the following vote:
Yeas-Mayor Chalmers, Council-
inen Bennett,, Clark, Kane, Murphy,
Na3's-None.
Petition of Edwin Bull requesting
a refund on penalty and interest
charges, as has previously been the
policy of the City Council, paid
on special assessments levied
against the West 50 feet of the
West 100 feet oY the East 240
feet of Lots 8 and 9 of Sisters'
Addition, presented and read,
Councilman Bennett moved that
the petition be received and filed.
Seconded by Cotntcilnan Kane.
Carried by the following vote:
Yeas-NIayor Chalmers, Council-
man Bennett, Clark, I{one, Murphy.
Nays-None.
Petition of Jacob D. Neiman, re•
questing that all penalties and in-
terest charges be cancelled on pav-
ing assessments on Lot 6 of Min.
Lot 178 and on Lat 1D of Grey's I
Subdivision, Fend No, 891,, and al-
so requesting the'Iotvering of said
special assessments levied against
said lots, presehted and read;
Councilman Kane moved to re-
fer the petition to the City Man-
agsi for investigation and report.
Seconded by Councilman Clark.
Carried by the following vote:
Yeas-Mayor Chalmers, Council.-
men Bennett, Clark, Kane, Mm•phy.
Nays-None,
Petition of Mrs. E. H. Beyer re-
questing arefund in the amount of
$50,00 on her cigarette permit as
she has sold her business located
at 1875 Julien Avenue as of De-
cember 31st, 1937, presented and
read.
Councilman Clark moved that the
request he granted and that a war•
rant in the amount of $50.00 be
ordered drawn on the City Treasur-
er in favor of Mrs. E. H. Beyer
to cover the amount of refund
granted, said warrant to be payable
upon sm•render of cigarette permit.
Seconded by Cauncihnan Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers;. Council-
men Bennett, Clark, Kans, Murphy.
Nays-None,
Conttttttnication of Catholic Daily
Tribune submitting offer to print
the Council Proceedings in pam-
phlets as efficiently as it is being
done now a.nd at the same. prices
as the City is nosy paying, pre-
sented and read,
Councilman Clark moved to re-
fer the communication to the City
Manager for investigation. Second-
ed by Councilman Murply. Car-
t•ied by the following vote:
YEas-Mayor Chalmers, Council-
men Bennett, Clarlt, I{one, Murphy,
Nays-None.
Notice front L'. S, Engineer Of-
flce, Federal Building, Rock Island,
Illinois, advising that the Board
of Dock Conunisaioners, City of
Dubuque, Iowa, has requested a
War Department Permit for work
to be done, all located in the Miss-
issippi River, at Dubuque, Iowa,
between Miles 573 and 583 above
Cairo, and advising that any ob-
jections to the granting of this per-
mit should be filed not 1•ater than
January 10th, 1938, presented and
read.
Conncihnan Bennett moved that
the Notice be received and filed,
Seconded by Councilman Murphy.
Carried Uy the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Petition of Ed'. C. Bartels re-
nnesting the City Council to extend
to him the service of fire protection
Regular Session, January 3rd, 1938
from the City Fire Department to
his propet•ty at Center Grove on
U. S• Highway No. 20, one mile
west of DttbugttE, presented and
read,
Councilman Clarlt moved to re•
fer the petition to- the City Council, .
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Chalmers,, Council-
men Bennett, Clarh, Kane, Murphy.
Nays-ATOne•
Report of the Board of Health
for the month of November, 1937,
presented.
Councilman Bennett moved that
.the report of the Board, of Health
for the month of November, 1937,
be received and placed on file. Sec-
onded by Councilman Clark. Car-
ried by the following vote:
Yeas-Mayor Chatters, Council-
men Bennett,, Claik, Kane, Murphy.
Nays-None,
January 3; 1938.
To the Honorable Mayor and City
Council,
Dubuque, Iowa,
Gentlemen: At the session of
the City Council held December
Gth the petition of Mrs• Mattis Hos-
ltins, et al, requesting bus service
on Dodge Street between Bryant
Street and Grandview Avenue was
referred to me to confer with the
officials of the Interstate Power
Cmnpany.
Attached hereto is the bus sched-
ule and a proposal to change the
routings in order to accomplish the
object of the petition. I recom-
mend that the Council amend the
Ordinance covering the bus rout-
ings as outlined in the proposal of
the Interstate Power Company.
This will provide the bus service
as petitioned a.nd will nob disrupt
the balance of the bus service with
the exception that south bound bus
service will not be available on
Santh Locust Street from Dodge
Street to Grandview Avenue. How•
ever, the Interstate Power Com-
pany agree that they will transport
workmen in the mornings who may
he engaged in the industries on
South Locust Street and Railroad
Avenue.
Respectfully submitted,
A, A. RHOMBERG,
City Manager.
Councilman Kane moved that the
recommendation of City Manager
Rhomberg be approved and that
the City Solicitor be instructed to
prepare the proper.ordinance• Sec-
onde~d by Councilman Clarlt. Car•
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlr, Kane, Murphy.
Nays=None:
Resolution 1-38
Be it resolved by the City Coun-
cil of. the City of Dttbuque'that the
following; having compiled with
the provisions of law relating: ,to
the sale of,.cigarettes within the
City of Dubuque, be granted a per-
mit to sel•1 cigarettes and cigarette
papers within said City and the
Manager js di>•ected to issue such
permit on behalf of said City.
Jos. J.. Machinelt, 1399 Jackson
Street,
Peter J. Zillig, 2222 Central Aven-
ue.
Mrs. M. L. Harwood, 1875 Delhi
Street.
Be it further resolved that the
bonds filed with the applications
be approved,
Passed,, adopted and approved
this 3rd day~of Januaay, 1938•
JOHN If. CHALMERS,
Mayor.
CARL A. CLARK,
M. R. KANE,
GEO, R: MURPHY,
A, M. BENN];TT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Bennett moved the
adoption of the resolution Sec-
onded by Councilman Clark: Car-
ried by the following vote:.
Yeas-Iiayor Chalmers, Council•
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
There being no further business,
Councilman Kane moved to ad-
journ, Seconded by Councilman
Murphy, Cat•ried by tire- following
vote:
Yeas-Mayor Chalmers, Cotmcil-
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
J. J. SHEA,
City Clerk,
Approved ..................................1938.
Adopted ...................................1938.
Councilmen : l ...........:..........................
Attest : ................................................
City Clerlt.
Special Session, January ?=1th, 1938
pity Council.
(ONiolal)
Special Session, January 24th,
1938•
Council ntet at 7:4b P. M,
Present-Mayor Chalmers, Coun•
cilmev Bennett, Clark, Kane, Mur-
phy, City Manager Rhomberg,
Meeting called by order aP May
or Chalmers and Councilman Kane.
Mayor Chalmers read the call
and stated that service thet•eof had
been duly made and that this meet-
ing is called far the purpose of con,
siderittg petitions requesting sus-
pension of the. 1937 taxes and act-
ing on any other business as Wray
properly come before a regular
meeting of the City Council.
Notice of Claim of Leona I{ies
in the sum of $5,000.00 for injuries
received in falling upon an icy
crosswalk at the alley on the north
side of Seventh Street between Lo•
rust Street and Blttff Street, pre,
sented and read.
Councilman Clark moved to re•
fer• the Notice of Claim to the City
Solioitor• Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bsvnett, Clarlt, I{one, Murphy,
Nays-None.
Notice of Claim of George W,
Jackson in the sum of $400.00 for
injuries received in falling on a
defective sidewallt at tits Jackson
School, near the- west line, pre-
sented and read~
Councilman Kane moved to re•
Yet• the Notice of Claim to the City
Solicitor. Seconded by Councilman
Clack. Carried by the following
vote:
Yeas-Mayor Chalmers,. Council-
men -Bennett, Clarlt, Kane, Murphy.
Nays-None,
Notice of Claitn of Emily Hopp•
mann in the sum of $1,600,00 for
injuries received in falling on an
icy sidewalk on the Westerly side
of Alta Vista Street opposite the
entrance to the Visitation Academy
(old building), presented and read.
Councilman Murphy moved to re-
fet• the Notice of Claim to the City
Solicitor, Seconded by Councilman
Kane. Carried by the following
VatE:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Communication of Dorcas Ames-
` but•y informing the City Council of
injuries received in falling on a
defective and icy sidewalk on the
south side at Julien Aventto is the
1700 block and. advising that she
considers-the City responsible for
her present. condition due. to said
fall, presented and read,
Councilman., Clark moved to re-
fer the communication to the City
Solicitor. Seconded by Councilman
Murphy. Carried by the following.
vote:
Yeas-Mayor Chalmers, Couneil-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Notice of Claim of Sam Swift in
the sum of $46,00 for injuries re-
ceived in failing on an icy and de-
fective sidewalk at 196 North
Grandview Avenue, presented. and
read•
Councilman Murphy moved to re-
fer the Notice of Clainr to the City
Solicitor. Seconded by Councilman
Clarlt• Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Deed from County Treasurer of
Dubuque County to the City of Au-
buque of Lots 2, 3, 4, 5 and 6 of
Mill's West Dubuque Addition., pre-
settted•
Councilman Bennett moved that
the Deed. be accepted and recorded
with the County Recorder, Second-
ed by Councilman Murphy- Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
Bill of Mrs. J. P• Seitz of 1047
West 14th Street in'the amount of
$17.71 for services rendered by Mul•
ten Bros, & Co., far cleaning ottt
house ,sewer fiom house to street,
the cause of stoppage being located
in the main sewer of the City,
therefore she feels that the City
of Dubuque should pay said bill,
presented.
Councilman Kane waved to refer
the bill- to the City Manager for
investigation and report, Second-
ed by Councilman Clarlt. Carried
by tits following vote:
Yeas-Mayor Chalmers,. Council-
men Bennett, Clark, I{ane, Murphy.
Nays-None,
Petition of American Legion Aux-
iliary regtesting permission for
the holding of their Annual Poppy
Sale on Saturday, May 28th, 1938,
presented and read.
Councilman Bennett moved that
the request be granted, Seconded
by Councilman Clark. Carried by
the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlt, Kane, Murphy.
Nays-None.
6 Special Session, January "loth; 1938
Petition of C, S: Corzine, et al,
residents of the territory West of
Fremont Avenue and South of Del-
hi Street,.regnesting that the Fre•
mont htts be rerouted from Fre•
moot and St, Joseph Stt•eet west
over St. Joseph Street to South
Algona, then north over Algona to
Delhi and Algona and then follow
its present routing and that the
Grandview bus proceed south on
Algona from Delhi and Algona to
Bennett Street, then east on Ben-
nett to Grandview acid then south
on Grandview over its present rout-
ing and further requesting that St,
Joseph Street be given a treatment
of tar and gravel or oil so as to
maintain it in fit condition for bas
travel, presented and read.
Councilman Murphy moved to re•
fer the petition to the City Man-
ages to confer with the officials of
the Interstate Power Company,
Seconded by Conncihnan Clark.
Carried by the following vote;
Yeas-Mayor Chalmers, Cottucil-
man Bennett,, Clarh, Kane, Murphy.
Nays-None.
Petition of -, E. Frith Company
requesting the vacation of the
southerly 25 feet of Eighteenth
Street clear through the entire
block from SycamorE to Lynn
Street including the alley portion,
presented and read.
Councilman I{one moved to re•
fer the petition to the Planning and
Zoning Conunission for their rec-
ommendation and report. Second•
ed by Councilman Bennett. Car-
ried by the following vote:
Yeas-Mayor Chalmers, Conncil-
tnen Bennett, Clark, Kane, Murphy.
ATays-None.
Petition of Lilliah L. Hargus,
referred to the City Council by the
Board of Supervisors, requesting
suspension of the 1937 taxes on
Lot 1 of 1 of 1 of City Lat 667,
presented and read.
Councilman Bennett moved to re•
fer the petition to the City Solicitor
for investigation and report. Sec-
onded by Councilman Clark, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett,. Clark, I{ono, Murphy.
Nays-None.
Communication of Dubuque Park
Board advising the City Council
that according to instructions re•
ceived from the office of the Audi•
for of State, that "the payment by
rite City, ot• any of its agencies,
of liability insut•ance pt•emiums to
protect against damage occurring
in the ordinary pursuit of govern-
mental functions, is illegal;' that
the Park Board instructed the
Lange Insurance Agency to discon-
tinue all .Public Liability and Pro-.
petty Damage Insurance carried on
its trucks, presented; and read.
Councilman Murphy moved .that
the communication be received and
filed, Seconded by Councilman
Clark, Carried by the .following
vote: -
Ye~as-Mayor Chalmers, Council-
men Bennett, Clark, Kane,. Murphy.
Nays=None,
Dubuque; Iowa,
January 21st, 1938.
Mr, A. A.' Rhomberg,
City Manager,
City.
Dear Mr, Rhomberg:
At the last meeting of the Dock
Commission, the enclosed resolu-
tion was adopted, and as provided
for therein,. I am mailing copy to
you so that it may be brought be•
fore the City Council at the next
meeting,
Yours very truly,
Duhuque Dock Commission,
By, J. A. I{EZ'per, Sec.
Upon motion by J. A, Kerper,
seconded by Albert Wharton, and
carried unanimously, the following
resolution was offered by the Board
on the resignation of P. S. Fawkes.
The resolution was ordered made a
matter of record by incorporating
it in the minutes, and a copy of
the resolution was ordered sent to
Mr. Fawkes:-
Whereas, Mr. Presley S. Fawkere,,
President of the Dubuqu¢ Dock
Commission, has found it necessary
to resign from his position as a
member of said commission be-
cause of prolonged absences from
the City, and,
Whereas, Presley S. Fawkes has
been a member of the Dubuque
Dock Commission from its incep-
tion in 1926 and has served this
commission as its Presideni# for
many years; where he has given
an outstanding example of unsel-
fish devotion to public duty and has
brought to said commission his
very sound, able and painstaking
business judgment which was of
great value to the commission, es-
pecially daring the construction
period of the Public Docks and the
new electric dredge "Caleb Booth,"
now
Therefore, be it resolved an be-
half of the Dubuque Dock Commis-
sion,that we, his associates ou said
commission, John A. Kerper and
Albert Wharton, express the great
debt oP gratitude and obligation
that we and all of the people of '
the City of Duhuque owe to him
for his outstanding loyalty and
Special Session., January 24th, 1935
service to 'the people of Duhuque,
and B¢ it further resolved, that
we order°`a copy of these resolu•
tions spread upon the minutes of
the Dubuque Dock Commission's
proceedings, and a copy sent to the
Dubuque City Council, and to our
retiring member, Presley S.
Fawkes,
Councilman Bennett moved that
the communication and resolution
be made a matter of record. Sec•
onded by Councilman Clark, Car-
ried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlc,. I{sue, Murphy,
Nays-None.
Cotmcilman Kane mo~•¢d that
Mr. Dlark Gavin be appointed as a
member of the Dock Commission
to fill the unexpired terttt on said
Dock Commission, caused by the
resignation of Mr. P. S. Fawkes,
said term to expire November 26th,
1939, Seconded by Councilman
Clack. Carried by the following
vote:
Yeas-Mayor Chalmers, CounciY
men Bennett, Clark, I{one, Murphy,
Nays-None.
Council proceedings for the
months of November and Decem-
ber, 1937,, presented for approvah
Councilman Bennett moved that
the Council Proceedings for the
months, of November and Decem•
her, 1937, be approved as printed.
Seconded by Cotmcilman Murphy.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clarlt, I{one, illnrphy.
A'ays-Nobs.
Proof of publication, certified to
by the publishers, of the statement
of receipts and also a list of claims
for which warrants were drawn
during the month of November,.
1937, presented and read.
Councilman Bennett moved that
the proof of publication be received
and filed. Seconded by Council•
man IVlurphy, Carried by the fol•
lowing vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, I{one, Murphy.
Nays-None.
January 7, 1938.
To the Honorable Mayot• and City
Council,
Dubuque, Iowa.
Gentlemen: I am submitting
herewith reports of the City Audi•
tor, City Treasurer and City Water
Department for the month of De•
ember, 1937, also list of claims
and 11st of payrolls far which war-
rants were drawn during the month
of December, 1937.
R¢s~ectfully submitted,
A, A, RHCMBERG;
City Manager.
Councilman Bennett moved that
the reports be received and placed
on file. Seconded by Councilman
Murphy. Carried by the following
vote;
Yeas-Mayor Chalmers,, Council-
men Bennett, Clark, I{one, Murphy,
Nays-None.
January 24, 1938,
To the Honorable 11layoe and City
Council,
Dubuque, Iowa,
Gentlemen: Tltis is to certify
that the A, Y. McDonald Manufac-
turing Company has completed the
fttrnfslting and installation of the
Dayton•Dowd pnutp and the Gen-
eral Electric motor at the Level
Station as contracted for on June
7, 1937. The equipment and in-
stallation cornplies with the speci-
fications and guarantee and there-
fore I trecommend its acceptance by
this Honorable Body,
Respectfully submitted,
A. A, RHCMBERG,
City Manager.
Councilman Bennett moved that
the recommendation of City Man-
ager Rhomberg be approved. Sec-
onded by Councilman Clark- Car-
ried by the following votE:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, I{ane, Murphy.
Nays-None,
January 24, 1938.
To the Hortorable Mayor and City
Council,
Dubuque, Iowa.
Gentlemen: On January 3rd I
recommended that the Council
amend rho ordinance covering the
hus routings as outlined in a pro-
posal of the Interstate Power Com-
pany for the purpose of providing
bus service on Dodge Street be-
t}veen Bryant Street and Grand-
view Avenue as petitioned for by
Mrs. Mattis Hoskins, et al. The
Council thet•eupon instructed the
City Solicitor to prepare the nec•
essary papers.
Since that time the Interstate
Powst• Company has met with con•
siderable opposition to the change
of the bus schedule as first pro-
posed, T¢ satisfy the objectors
and yet appease the petitioners,
they have now proposed to operate
the Fremont Avenue hus over
Dodge Street and South Booth
Street to Grandview Avenue ih•
stead of on Bryant Street from
DodgE to Grandview Avenue. This
change would 'not disturb the
Special Session, January 24th, 1938
Grandview Avenue and Mt. Carmel
schedules as would the first pro-
posal trade.
I recommend that the Council
now amend the ordinance covet-
ing the bus routings as heteiti out•
lined and further that it would be
well- at this limo also to correct
some few discrepancies that exist
between the actual bus routfngs
and the wording of the ordinance
otttllning the routes which have
come to light in the pt'6sent dis•
collier.
Respectfully submitted,
A, A, RHOMBERG,
City Manager.
Councihnan Clark moved that
the recommendation of City Man-
ager Rhomberg be received and
filed. Seconded by Councilman
Mnrphy, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
January 24, 1938.
To the Honorable Mayor and City
Council
Dubuque, Iowa.
Gentlemen: At the session of
the City Council of Janttat•y 3t•d
the t•equest of the National Guard
Company for an inspection of the
Fire Headquarters Building at 9th
and Iowa Streets with a view to
removing lire load limitations on
the Armory floor was referred to
the Building Commissioner and the
City Managet• for an investigation
and report.
We have inspected the eutire
building and beg to report that the
limitation of 260 persons as a max-
imum attendance at any one limo
on the fam•th and third floors be
not changed, There is grave doubt
whether the present procedure of
renting the Armory floor to the
National Guard for drill purposes
is a safe proposition. We find that
this building was erected by the
City on a contract about the year
1894 and that the original plans
of the building- called for a two•
ateTy StrUCtllre, which plans were
revised daring the course of con-
struction to include an additional
floor.
Mention is made in the petition
of repairs and supports that have
been done in recent years, The
repair work and supporting that
has been done was 9nly in the
matter of stopping further settle-
ment of the building and in no
way contributes to the stability of
the Armory floor.
Fm• these reasons we recommend
that your Honorable Body deny the
petition,
Respectfully submitted,
A. A. RHOMBERG,
Ctty Manager.
H: H. HOW1E,
Building Commis'r.
Councihnan Kane moved that the
recommendation of City Manager
Rhomberg and Building Cotnmis-
stoner Howie be apprgved, Second.
ed uy Cquncilman Murphy- Car•
vied by the following vote:
Yeas-Mayor Chalmers, Coungil-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Resolution 2-38
Whereas, applications for Class
"B" Beer Permits have been aub•
milted. to this Cquncil for approval
and the same have been exam-
ined: Now, therefore,
Be it resolved by the Council of
the City of Dubuque that the fol•
lowing applications be and the
same acre hereby approved and it
is ordered that the premises to be
occupied by such applicants shall be
fot•thwitb. inspected.
CLASS "B" PERMIT
Ray F. Gau (New), 2093 Wash-
ington Street,
Peter Zillig (New), 2222 Central
Avenue,
J. L, Spieltan (New), 601 Rhom-
berg Avenue.
Carl J. Pingc~ (Renewal), 127,
West 6th Street.
A1. V. Poire (transfer of address
from 603 Rhomberg Avenue), 1638
Centro.] Avenue,
CLASS "B" PERMIT FOR
PRIVATE CLUB
Dubuque Metal Trades Council
Club, N, E. Cor. 6th and Locust
Streets (upstairs).
Passed, adopted and approved
this 24th day of January, 1938.
JOHN K. CHALMERS,
Mayor,
CARL A. CLARK,
M, R. KANE,
GEO. R. MURPHY,
A, M. BENNETT,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Councilman Kane moved the ad-
option of the resolution. Second-
ed by Councilman Clark. Carried
by tie following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None,
Resolution No,.3-38
Whereas, heretofore applications
were filed by the within named.
Special Session, January 24th, 1938 9
applicants for Mass "B" Beer Per-
mits and they received the approv
al' oP this Council; and
Whereas, the premises to be oc•
citpied by them have been inspe-nt•
ed .and found tc comply with the
ordinances of this City and they
have filed a proper Bond: Now,
therefore,
lie it rESOlved by the Council of
the City of Dubuque that the Man•
agar be and he is hereby directed
to issue to the following named per•
sons a Beer Permit.
CLASS "B" PNntMIT
Peter Zillig (New), 2222 Central
Avenue.
J. L. Spielman (New), 601 Rhom•
berg Avenue.
Carl J, Pinger (Renewal), 127 W,
Sixth Stt•eet,
Al. V. Poire, (Transfer of ad-
dress Erma 603 Rhomberg Avenue),
1638 Central Avenue.
Be it further resolved that the
bonds filed by such applicants ba
attd tits same are hereby approved.
Passed, adopted and approved
tltia 24th day of January, 1938.
JOHN K. GHALMERS,
Mayor,
CARL A. CLARK,
M, R, KANE,
GEO. R. MURPHY,
A, M. BENNETT,
Councilmen.
Attest: J, J. SHEA,
City Clerk..
Councilman Bennett moved then
adoption of the resolution, Sec-
onded, by Councilman Mnrphy. Car•
rued by the following vote:
Yeas-114ayor Chalmers, Council-
men Bennett, Glark, Kane, Murphy.
Nays--None,
Councilman Clarlt moved that
bids be received for the printing
of the index and binding of the
Council Proceedings for the year
1937. Seconded by Councilman
Murphy. Carried by th6 following
vote;
Yeas-Mayor Chalmers,, Council-
tuen Bennett, Clarlt, Kane, Mut•phy.
Nays-None.
Councihnan I{one moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who wish-
es .to do so, to address tie Coun-
cil, Seconded by Councilman Clarlt,
Carried by the following vote:
Yeas-Mayor Chalmers, Couucil•
men Bennett, Clark, I{one, Murphy.
Nays-None.
Ordinance No. 1-38
An ordinance granting to J. F.
Stampfer Company, its successors
and assigns, the right to construct
and maiutain an unloading plat-
form in the alley abutting Lot 30
in the Totvn (uaw City) of Dir-
buque; prescribing the conditions
of such permit, presented and read.
Councilman Bennett moved that
the reading just had be considered
the first t•eading of they ordinance.
Seconded by Councilman Murphy.
Carried by the fallowing vote:
Yeas-Mayor Chalmgrs, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Councilman Sennett moved that
the rules be suspended requiring
au 6rdinance to be read on three
separate days- Seconded by Coun-
cilman Kane; Carried by the fol-
lowing vote:
Yeas-Mayor Chalmers, Cohncil-
men Bennett, Clark, Kane, Murphy.
Nays-None.
The ordinance was then read-fhe
second titre,
Councilman Bennett moved that
the reading just bad be considered
the second reading of the ordi-
nance, Seconded by Councilman
I{one, Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, 1{one, Mnrphy.
Nays-No»e.
Ordinance No. 2-38
An m•dinance amending- -Ordi-
nance. No. 4,33 entitled: "An rr-
dinance providing that certain bus-
inesses and vocations conducted
in the City of Dubuque stall be
licensed; filing the license fee
therefor; defining terms employed;
prescribing the regulations which
sltal•1 apply .to businesses and yo•
cottons required to be licensed; re•
pealing all ordinances oi• parts' of
ordinances in conflict herewith;
and prescribing a penalty far vio•
lotion ]iereof° by repealing the
provisions thereof relating to itin-
erant physicians and surgeons as
lirovided for in Paragraph 309, Sec•
tiori 1, a.nd enacting a substitute
therefor, presented and read.
Councilman Kane mowed that the
reading just had be considered
the first reading of the ordinance.
Seconded by Councilman Bennett.
Carried by the fallowing vote:
Teas-Maygr Chalmers, Cottncil•
men Bennett, Clark, Kane, Mnrphy,
Nays-None,
Councilman ,Kane moved that
the t•ules be Suspended requiring
an ordinance to be read on three
separate days. Seconded by Coun-
cilman Clark. Carried by the fol-
lowing Vote:
Yeas-Mayor Chalmers, Council-
10 Special Session, January 24th, 1938
men Bennett, Clark, Kaue, Murphy.
Nays-Alone.
The ordinance was then read a
second time.
Councilman I{one moved that the
reading just had be considered the
second reading of the ordinance.
Seconded by Councilman Clark,
Carried by the following vote:
Yeas-Mayor Chalmers,, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
Ordinance No. 3-38
An ordinance requiring pawn
brokers, junk dealers and dealers
iu second-hand goods to give no-
tice of the purchase or receipt of
mc-chanics' tools and equipment;
prohibiting the purchase by pawn
brokers, junk dealers and dealers
in second-hand goods of any pt'o•
petty from minors; prescribing a
penalty for violation hereof; and
declaring an emergency, Presented
and read.
Councilman Bennett moved that
the reading- just had be consid-
ered the first reading of the ordi-
nance. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-iVlayor Ckalmers, Council
men Bennett, Clark, I{one, Murphy.
Nays-None.
Councilman Bennett moved that
the rules bd suspended requiring
an ordinance to be read on three
separate days, Seconded by Coun-
cilman Murphy, Carried by the
following vote:
Yeas-Mayor Chalmers, Council-
man Bennett, Clark, I{anE, i`Iurphy.
Nays-None.
The ordinance was then read a
second time.
Councilman Bennett moved that
rho reading just had be considered
the second reading of the ordi-
nance. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-iVIayor Chalmers, Council•
men Bennett, Clark, I{one,. Murphy.
Nays-None.
Verbal report of City Solicitor
Czizek recommending the settle-
ment of the claim of Mrs, Christine
Larson In the amount of $500.00
for injuries received in a fall on a
defective sidewalk iu front of No.
2G4 James Street and that a wat•-
rant in the amount of $600.00 be
ordered drawn on the City Treas-
urer in favor of Smith and O'Cott-
nor, attorneys as settlement in fall
oP the claim of Mrs Christine Lar-
son, presented.
Councilman Kane moved that the
recotmnendation of City Solicitor
Czizek be approved and that a war-
rant in the amount of $500.00 be
ordered drawn on the City Treas-
urer in favor of Smith and O'Con-
nm•, attorneys as settlement in full
of the claim of Mrs. Christine Lar-
son. Seconded by Councilittan
Clark, 'Carried Uy the following
vote:
Yeas-Mayor ChalmersR Council-
men Bennett, Clarlt, I{one, Murphy,
Nays-None,
Verbal report of City Solicitor
Czizek recommending the settle-
ment of the claim of Anna Stuart
in the amount of $15.32 for dam-
ages to her automobile caused in
striking the rock curbing at the
alley intersection of Pauline Street
and iYIelrose Terrace and that a
warrant in the amount of $15.32 he
ordered drawn on the City Treas-
nrel• in favor of Anna Stuart as
settlement in fall of her claim,, pre•
sented,
Councilman Clarh moved that
the recommendation of City Solic-
itor Czizek be approved and that
a warrant in the amount of $16.32
be ordered drawn on the City
Treasurer In favor of Anna Stuart
as settlement in full of her claim.
Seconded by Councilman Bennett.
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
mEn Bennett, Clark, I{one, Mm•phy,
Nays-None,
Verbal report of City Solicitor
Czizek recornnreuding settlement of
the claim of Sam Swift in the
amount of $46.00 for injuries re-
ceived in falling on an icy and
defective sidewalk at 196 North
Grandview Avenue and that a war-
rant in the amount of $46.00 be
m•dered drawn on th6 City Treas•
urer• in favor of Sam Swift as set-
tlement in full of his claim, pre-
sented.
Conncilnran Bennett moved that
the reconunendation of City So-
licitor Czizek be approved and that
a watt•ant in the amount of $46.00
be ot•dered drawn on the City
Treasurer in favor of Sam Swift
as settlement in full of his claim.
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-Mayor Chalmers, Council-
men Bennett, Clark, Kane, Murphy.
Nays-None.
There being no farther business,
Councilman Kano moved to ad-
Special Session, Ja
journ. Seconded by Councilman
Clark. Carried by the following
vote:
Yeas-Mayor Chalmers, Council-
- men Bennett, Clark, Kaue, Murphy.
Nays-None.
J. J. SHEA,
City Clerk,
Approved ..................................1938.
Adopted ....................................1938.
Councilmen : :.....................................
Attest :................................................
City Clerk.
24th, 1938 11