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1937 September Council Proceedingsecial Session, September 2nd, 1937 221 City Council (Official) Special Session, Septembet• 2nd. 1937. Council met at 4:50 p.m, Present-Mayor Chalmers, Coun cilmen Bennett, Kane, Murphy City Manager Rhomberg. Absent-Councilman Clark, Meeting called by order of Coun cilmen Murphy and Bonnett. Mayor Chalmers read the cal and stated that service thereof hoc been duly made and that this meet ing is called for the purpose of considering the communication o1 City Manager Rhomberg advising the City Council of his action in suspending Carl Walker, a machine operator, in the employ of the street department for a period o1 five days and acting on any other business as may properly come be• fore a regular meeting of the City Council. September 1st,, 1937 Honot•able Mayor and City Council, Dub'nque, Iowa, Gentlemen: This is to inform you that I have this day, September i, suspended Carl Walker, a machine operator in the employ of the street depart- ment for five (5) days. Mr. Walker has been suspended for disobeying the t•ules of the de- partment. The specific charge is his continued use of a city car for going home to his dinner From the grading job on which be is em• ployed Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the communicatidn of City Manager Rhomberg be made a matter of record. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Sennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, Resolution No, 101-37 WHEREAS, the City Manager has suspended Car] Walker, a civil service employee under his juris- diction, for a period of five (5) days on account of disobedience of or- ders; and WHEREAS, such suspension has been reported by the Manager to this Council, as provided by late; and WHEREAS, this Council has con• sidet•ed the facts and merits of the cause upon which such suspension was based and finds that the action of the Manager in ordering such suspension was justified; NOW, THEREFORE, Be it resolved by the Council of the City of Dubuque that the sus- pension of Carl Walker by the City Manager for a period of five (5) days be and the same is hereby approved and affirmed, Bo it further resolved that the Clerk cause to be served upon said Carl Walker a copy of this resolu• tion forthwith, Passed, adopted and approved this 2nd day of September, 1937. JOHN K. CHALMERS, Mayor. M. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen, Attest: J. J, SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution, Sec- onded by Councilman Mut•phy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, Claim of Richard Kaiser in the amount of $20.00 for damages re- ceived to the automobile of Laverne Kascel, the said car being driven by Richard Kaiser, caused in strik- ing apartially covered manhole at the southeast corner of 11th and Jackson Streets, presented and read. Councilman Kane moved to refer the claim to the City Solicitor. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, Claim oP Paul P. Weis in the amount of $400.00 for injuries re- ceived in a fall on the north side of Clterry Street, just east about one-half block from Asbury Street, presented and read, Councilman Bennett moved to refer the claim to the City Solicitor. Seconded by Councilman Murphy. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent--Councilman Clark, Claim of Mrs. Christine Larson in the amount of $1,600.00 far in- juries received jn a fall on sidewalk in ft•ont of No. 204 James Street, presented and read. Councilman Murphy moved to ti~~~~ ~u 222 Special Session, September 2nd, 1937 refer the claim to the City Solicitor'. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Communication of Russell J. Smith notifying Council that he is going ahead and have his airplane placed in the same condition that it was in before he crashed in making a landing at the Municipal Airport; the crash being caused by the condition of the field due to the high weeds which we're allowed to grow within the airport markers, and that he would then present the fall bill to the City Ceuncil for payment, presented and read. Councilman Bennett moved to refer the communication to the City Solicitor, Seconded by Coun- cilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Bond of Harry H. Howie, Build- ing Commissioner, in the amount of $1,000.00, presented for approval. Councilman Bennett moved that the bond be approved and placed on file, Seconded Eby Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Communication of Good Will Tours Committee, Dtibtrque Cham• ber of Commerce, calling the atten- tion of the City Council to the Good Will Hour to cities and towns in Northeastern Iowa on Septem• ber 15th, and 16th., 1937, presented and read, Councilman Kane moved that members of the City Council, who desire to do so, be authorized to attend the Good Will Tour on Sep- tember 15th. and 16th„ 1937. Sec• onded by Councilman Bennett. Car- ried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays--None. Absent-Councilman Clark. Communication of D u b u q u e Trades and Lalior Congress extend- ing invitation to the City Council, Police and Firemen, to participate in the Labor Day Parade, presented and read. Councilman Murphy moved that the invitation be accepted. Sec- onded by Councilman Bennett. Car- ried by the fallowing vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. Communication of D u b u q u e Trades and Labor Congress extend- ing an invitation through the City Council requesting that City Solici- tor Czizek appear before the mem- bers of their organization and ex- plain the City Ordinances with re• ference to peaceful picketing of a factory where a labor strike is in effect and also the closing of such plants while collective bargaining has not been adjusted, presented and read. Councilman Bennett moved that the communication be received and filed. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. ~ , Absent-Councilman Clark. Communication of Iowa Associa• tion of Chiefs of Police extending invitation to the Chief of Police, Police Officers and Policewomen to attend the convention to be held in Clinton, Iowa, on Sept. 8th. and 9th,, 1937, presented and read, Councilman Bennett moved that Chief of Police Giellis be authorized to attend the convention to be held in Clinton, Iowa, on Sept. 8th, and 9th„ 1937. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. Communication of Amalgamated Association of Street and Electric Railway Employees, Division 329, requesting that the City Council again consider placing a traffic light at the intersection of 22nd Street and Central Avenue, pre• rented and read. Councilman Murphy moved to re• fer the communication to the City Council for future consideration. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark, Communication of Ed, G. Rishell making application for the position `which will be in charge of the City Dredge, presented and read. Councilman Bennett moved to refer the communication to the Dock Commission. Seconded by Councilman Murphy, Carried by the following vote; Special Session, September 2nd, 1937 223 Yeas-Mayor Chalmers, Ceuncil- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, Communication of W, L, Yokom, Commodore, Sea Scout Ship No, 20, sponsored by the American Legion, requesting permission to use the; what Nos, concession stand at the beach as a club house for this or- ganization, presented and read. Councilman Kane moved that the request be granted. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, Petition of M. 7. O'Brien et al requesting the City Council to de• Clare and determine, as a business district, all of` the lots adjacent to and just west of the westerly street line of Holly Street, between Rush Street and Cleveland Avenue, pre- sented and read, Councilman Murphy moved to re• fer the petition to the Planning and Zoning Commission for their re- commendation and report. Second- ed by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays--None. Absent-Councilman Clark. Petition of Oscar Irmen et al requesting the City Council to con- tinue the resurfacing of West 28th Street to Muscatine Street with the same construction as the lower end of West 28th Street, presented and read, Councilman I{one moved to re- fer the petition to the City Mana- ger. Seconded by Councilman Mur- phy. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Petition of Frank C. Schublin et al citizens and taxpayers living in the vicinity of what is known as the Milwaukee Shops District pro• testing to a condition caused by the Rock Wool Plant located in the Milwaukee Railroad Yards off Gar• field Avenue, presented and read, Councilman Bennett moved to re- fer the petition to the City Mana- ger for investigation and report, Seconded by Councilman Kane, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, I{one, Murphy, Nays-None. Absent-Councilman` Clark. Petition of Constielo McGee and Helen C. Green, referred to the City Council by the Board of Sup- ervisors, requesting suspension or remission of the 1936 taxes on the southerly 38 feet of the north 79 feet of the south 129 feet of Lots 4, 5 and 6 in Kiene and Blocklinger Subdivision, presented and read. Councilman Bennett moved to refer the petitfon to the City Solici- tor for investigation and report. Seconded by Councilman Kane, Carried by the following vote; Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. Petition of Mrs. Anna Kolf, re• (erred to the City Council by the Board of Supervisors, requesting suspension of the last half of the 1936 tax on Lot 1 of A, L, Brown's Sub,, presented and read. Councilman Bennett moved to refer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Kane. Carried by the following vote: Yeas--Mayer Chalmers, Council• men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. Petition of Della C, Thul, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1936 taxes on Lot 3 and the south 2 feet 6 inches of Lot 2 of Kleinschmidt's Sub., presented and read. Councilman Bennett moved to r~ fer the petition to the City Solici• for for investigation and report. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Counci]• men Bennett, Kane, Murpky. , Nays-None. Absent-Councilman Clark. Petition of J. J, Weber, referred to the City Council by the Board of Supervisors, .requesting suspen- sion of the 1936 taxes on Lot 1 of 1 of 1 of 3 of L, H. Langworthy's Addition, presented and read, Councilman Bennett moved to re• fer the petition of the City Solici- tor for investigation and report. Seconded by Councilman Kane. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None, Absent-Councilman Clark. Communication of Robert Bur- lingame, Secretary to Governor Nel- son G. Kraschel, enclosing certain correspondence relative to an alleged overcharge of tolls on the Dubuque Bridge, presented and read. 224 Special Session, September 2nd, 1937 Councilman Kane moved that the communication be referred to the City Manager to contact the offi- cials of the Bridge Company for an explanation of this incident. -Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn during the month of July, 1937, pre- sented and read. Councilman Murphy moved that the proof of publication be received and filed, Seconded by Councilman Benett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None, Absent-Councilman Clark. Concession Agreement between the City of Dubuque, Iowa, as owner, and Ray J. Cosley, as Can- cessionnaire, at the Municipal Ath- letic Field for the outdoor summer and fall seasons of 1937, presented and read. Councilman Kane moved that the Concession Agreement be approved. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None, Absent-Councilman Clark. August 18th, 1937 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; With reference to petition bf John J., Edward J., and Charles J. Plamondon requesting certain changes in the Zoning Ordinance, which matter was referred to the Planning and Zoning Commission on August 11th, the Planning and Zoning Commission recommends that the petition be denied for the following reasons; (1) This district is developing as an ideal "Single Family" home area, and in all such cases, it is the policy of the Commission to pre- vent, if possible, encroachment of business. (2) The lots in question are only a black and a half away from an established "Local Business" district, thus there is no need of another one so close. (3) The Commission, as a mat- ter of policy, does not approve special zoning of one or two lots, If there is a natural or logical rea- son fora "Local Business" district, it is the Commission's policy to make the "Local Business" area large enough, covering both sides of the street, to avoid giving a monopoly to a limited number of citizens as well as to limit damage to nearby residential property, The Commission does not believe such a natural trend prevails in this dis• trict, (4) As a rule such limited re- zoning as requested usually harms more property owners in the dis- trict than are benefited, (5) Had the Zoning Ordinance been in effect at the time, the old station could not have gone in this residential location. To pre• vent such encroachment of busi- ness on residential areas is one of the primary functions of Zoning. Trusting that this information will serve to indicate to your honor- able body no desire on the part of the Planning and Zoning Commis- sion to be unfair or arbitrary,, but only a desire to hold to a firm policy for the future improvement and development of our city, we remain Respectfully yours, PLANNING AND ZONING COMMISSION, By R, V, McKay, Secretary. Councilman Murphy moved that the communication of the Planning and Zoning Commission be made a matter of record and the petition of John J., Edward J., and Charles J. Plamondon be referred to the City Council, Seconded by Council- man Dane. Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clarlc. September 2, 1937 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of the A, Y, Mc• Donald Manufacturing Company for permission to raise the grade of Second Street to remedy the un- satisfactory condition of their new loading platform having been re• ferred to me on August 2, I submit the following report after proper investigation, The loading platform on Second Street is not usable because of the very steep ramp where the ap• proach to the loading platform meets the briclz surface of Second Street as shown on the attached scale drawing. I recommend that your honorable body grant permis- Special Session; September 2nd, 1937 22S slon to the A, Y. McDonald Manu• facturing Company to relay the brick surface of Second Street from the center of the street north to the edge of the ramp at the base of the loading platform, so as to form a uniform slope from the ramp to the center of the street. This recommendation is made with the understanding that the entire job be done at the expense of the A. Y. McDonald Manufacturing Company under city supervision according to plans and specifica- tions prepared by the city, Respectfully submitted, A, A, RHOMBERG, City Manager, Councilman Kane moved that the recommendation of City Managsr Rhomberg be approved. Seconded by Councilman Bennett, Carried by the fallowing vote; Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, September 2, 1937 To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the session of the City Council held August 2, the communication of C. J. Krajewski requesting that the Maizewood Insulating Company be permitted to erect a loading platform extending five and one- half (5~y) feet on Salina Street, was referred to the City Council to review the grounds. Since the Couri- cil was unable to review the grounds promptly the builiding commissioner and myself examined the proposed work and by contact- ing the members of the council in• dividually, permission was secured for the erection of the loading plat- form on public property. I bring this to your attention at this time so that the necessary pro- ceedings be made a matter of record. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the decision of the City Council be approved and the City Solicitor to be instructed to draw up the proper proceedings, Seconded by Council- man Bennett. Carried by the fol- ' lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Resolution No, 102-37 WHEREAS, applications for Class "B" Beer Permits have been ~~I'', ~ ~ ~~,~~' ~~ r.. 'li~~ p dlr,!'l' II~~~, ~~ ~ I! i i! ~I'~,I' ~~'~~~'~~ ~~ ~~ I submitted to this Council for ap• proval and the same have been examined, NOW, THEREFORE, BE IT RESOLVED by the Coun• cil of the City of Dubuque that the Following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Henry Olesan, 212 West 1st St, Percy L, Smith, 678 Central Ave, Passed, adopted and approved this 2nd day of September, 1937. JOHN K. CHALMERS, Mayor, M. R. KANE, GEO, R, MURPHY, A, M. BENNETT, Councilmen. Attest; J. J. SHEA, City Clerk, Councilman Bennett moved the adoption of the resolution. Sec- onded by Councilman Murphy, Car• ried by the following vote; Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, Resolution No. 103-37 WHEREAS, heretofore applica- tions were filed by the within named applicants for "B" Beer Per- mits and they received the approval of the Council; and WHEREAS, the premises to 'be occupied by them have been in- spected and found to comply with the ordinances of this City hnd 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 Henry Oleson, 212 West 1st St. Percy L, Smith, 678 Central Ave, BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are herewith approved. Passed, adopted and approved this 2nd day of September, 1937. JOHN K. CHALMERS, Mayor, M, R. KANE, GEO. R, MURPHY, A, M. BENNETT, Councilmen. Attest: J. J. Shea, City Clerk, Councilman Bennett moved the adoption of the resolution. Second- 226 Special Session, September 2nd, 1937 ed by Councilman Murphy. Car- ried by the following vote:: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clarlt. Verbal report of City Solicitor Czizek recommending the settle- ment of tho claim of Jos, B. Lultens in the amount of $50.00 for damages to his property caused by blasting in the quarry on Cox Street, pre- sented, Councilman Bennett moved that the recommendation of City Solici- tor Czizek be approved and that a warrant in the amount of $50,00 be ordered drawn on the City Trea- surer in favor of Jos, B, Lukens as settlement in full of his claim for damages to his property caused by blasting in the quarry on Cox Street, Seconded by Councilman Bane. Carried by' the following vote: Yeas-Mayor Chalmers, Council• men Bennett, I{one, Murphy. Nays-None, Absent-Councilman Clark. Verbal report of City Solicitor Czizek recommending the settle- ment of the claim of Leo J. Sulli- van in the amount of $40.00 for damages to his property caused by blasting in the quarry on Cox St., presented. Councilman Bennett moved that the recommendation of City Solici- tor Czizek be approved and that a warrant in the amount of $40.00 be ordered drawn on the City Treasurer in favor of Leo J, Sulli- van as settlement in full of his claim for damages to his property caused by blasting in the quarry on Cox Street. Seconded by Council- man Kane. Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Verbal report of City Solicitor Czizek recommending that Ray Mills be granted a refund in the amount of $26.16 for penalty charges paid on delinquent special assessments levied against Lot 39 of O'Neill's Snb. No. 3, Fund No. 903, presented. Councilman Kane moved that the recommendation of City Solicitor Czizek be approved and a warrant in the amount of $26,16 be ordered drawn an the Special Bonded Fund in favor of Ray Mills to cover the amount of refund granted. Sec- onded by Councilman Bennett, Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. The following decisions of the City Council relative to various tax petitions requesting suspension of taxes presented for Council ap- proval: Mrs. Margaret E. Hogan requesting suspension of the 1936 taxes on the north ~ eP City Lot• 326, request granted; I{ate S: Lund- beck requesting suspension og the 1936 taxes on Lot 242 Woodlawn Park Addition and Lot 11 Cox's Addition, request granted; Julia Clark requesting suspension of the 1936 taxes on Lots 3 and 4 Sub, of Out Lot 682, request granted. Councilman Bennett moved that the decisions of the City Council be approved and the Board of Supervisors to be notified of the action of the City Council. Sec- onded by Councilman Murphy, Car- ried by the following va>re: Yeas-Mayor Chalmers;~~•Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clarlc, Resolution No. 104-37 Resolution and Application for authority to transfer $5500 from the Emergency Fund of the City of llubuque to the Dock Fund, WI3EREAS there exists in the City of Dubuque a Board of Dock Commissioners which has jurisdic- tion and control of Dock Property, including the Harbor and water fronts of said City; and WHEREAS for several years the harbor has been filling up with silt and mud So that it has become useless for the harboring of water craft and other purposes incident to the proper operation of the llocks; and WHEREAS, in order to clear out and dredge said harbor and to make other improvements related to the operation of the Docks at Dubuque, the City of Dubuque purchased and caused to be built a dredge at a cost of approximately $30,000.00 which dredge will be ready Ear use and operation not later than Sep- tember 1st, 1937; and WHEREAS competent engineers have determined that to dredge the harbor and make certain other con- templated improvements, it will require three months or more of two-shift operations, all of which work will be done commencing on or about September 1, 1937, and continuing until the river and har- bor becomes frozen over with ice; and WHEREAS the purchase of the Special Session, September 2nd, 1937 227 dredge and the doing of the work herein described was not contem- plated when taxes were levied in the year 1936 and as a result no taxes were levied for the Dock Fund and the income from the operation of the Docks is wholly insufficient to pay the expense now required to be paid for such pur- pose; and WHEREAS it is now evident that unless funds are made available by a transfer from the Emergency Fund to the Dock Fund it will be impossible to da the work for which said dredge was acquired and the investment of the City in said equipment will be jeopardized; and WHEREAS THERE is now in the Emergency Fund of said City the sum of $15,410,37; and WHEREAS there is no money in the Doclt Fund; and WHEREAS before any transfer can be made from the Emergency Fund to the Dock Fund an applica- tion must be made to the State Comptroller for authority to make the transfer and his approval se- cured thereon; NOW T H E R E- FURE, BE IT RESOLVED by the City Council of the City of Dubuque that, subject to the approval of the State Comptroller; there be and there is hereby transferred from the Emergency Fund of the City of Dubuque to the Dock Fund of said City of the sum of $5,500.00 which is now in the hands of the City Treasurer and the State Comp• troller is hereby petitioned to auth- orize such transfer. BE IT FURTHER RESOLVED that when such approval has been received from said State Comp• troller that the Auditor and Trea- surer correct their books accord- ingly, Passed, adopted and approved, this 2nd day of September, 1937. JOHN K, CHALMERS, Mayor. M, R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Approval Thee fot'egoing resolution and petition for transfer of funds be and the same is hereby approved this ........ day of September, 1937, State Comptroller. Councilman Kane moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. There being no further business Councilman Bennett moved to ad• journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Naps-None, Absent-Councilman Clark. J. J. SHEA, City Clerk. Approved' ..................................1937, Adopted ....................................1937. Councilmen : l ..................................... Attest : ................................................ City Clerk. 228 Regular Session, September 6th, 1937 Hoard of Health (Official) Special Session, September 2nd,, 1937. Board met at 6;30 p.m. Present-Chairman John K, Chal- mers, Messrs. A. M. Bennett, M. R. Kane and Geo. R. Murphy, Absent-Mr. Carl A. Clark. Communication of W. J. Connell, Registrar of Vital Statistics, in- forming the Board of Health that his appointment as Registrar of Vital Statistics expired on August 17th., presented and read. Mr. A. M, Bennett moved that W. J. Connell be reappointed as Registrar of Vital Statistics for a term of four years, said term to expire August 17th, 1941. Seconded by Mr, Geo. R. Murphy. Carried by the following vote: Yeas-Chairman John K. Chal- mers, Messrs, A, M. Bennett, M. R. Kane, Geo, R. Murphy, Nays-None. Absent-Mr. Carl A. Clark, There being no further business Mr, M. R. Kane moved to adjourn. Seconded by Mr. Geo. R, Murphy. Carried by the following vote: Yeas-Chairman John K. Chal- mers, Messrs. A. M. Bennett, M. R. Kane, Geo. R. Murphy, Nays-None, Absent-Mr, Carl A, Clark. J. J. SHEA, Clerk, Board of Health. Approved ..................................1937. Adopted ....................................1937. Attest : ............................................... Clerk, Board of Health. City Council (Official) Regular Session, September 6th, 1937. No membet~ of the Council be- ing present on roll call the meet- ing was postponed subject to call. J. J. SHEA, City Clerk. Approved ..................................1937. Adopted ....................................1937. Councilmen : ..................................... City Clarlt. Adjourned Regular Session, September 7th, 1937 229 City Council (Official) Adjourned Regular Session, Sep- tember 7th, 1937, Council met at 7:40 P. M, Present-Mayor Chalmers, Coun- cilmen Bennett, Clarlt, Kane, Mur- phy, City Manager Rhomberg. Mayor Chalmers stated that this meeting is an adjout•ned meeting of the regular meeting of Septem- ber 6th, 1937, for the purpose of acting upon such business as may properly come before a regular meeting of the City Council, Councilman Kane moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec- onded by Councilman Clarlt. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Attorney Ray Licklider address- ed the Council requesting that the petition of Consuelo McGee and Helon C. Green requesting cancel- lation or suspension of their 1936 taxes be granted. Mr. B. A. Ritegnitz addressed the Council relative to the gas fumes in the neighborhood of the Mihvaultee Shops and caused by the Rock Wool Plant and request- ing the Council to take action to have the same abated. Mr, Pau] Mathis addressed the Council requesting that a Stop and Go signal light be installed at 22nd Street and Central Avenue. Mr. A. H, Richards addressed the Council requesting that Abbott Street be extended and also that the one block of Abbott Street be properly graded. Communication of Harold Neu- bauer submitting an offer of $400.00 for the purchase of the Sutherland property on West Lo- cust Street and now owned by the City of Dubuque, presented and read. Councilman Bennett moved that the offer be accepted 'and the City Solicitor to be instructed to pre- pare acontract covering the sale of said property. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmors, Council- men Bennett, Clark, Kane, Murphy, ~' Nays-None. Petition of John L. Decltert, own- er of Lot 19 of Yates Subdivision, requesting that sewer and water be constructed in West 16th Street, presented and read. Councilman Kane moved to refer the petition to the City Manager for investigation and report, Sec- onded by Councilman Clark, Car• tied by the following vote: Yeas-Mayor Chalmers, Coun- cilmen Bennett, Clark, Kane, Mur- PhY, Nays-None. Petition of Nick Grommersch et al requesting that Sabula Street be extended to Burlington Street, presented and read, Councilman Kane moved to refer the petition to the City Manager for investigation and report. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bonnett, Clarlt, Kane, Murphy. Nays-None, ' Petition of Roy Vandervate re- questing permission to construct a three-foot cement sidewallt along his property on the south side of Clinton Street, presented and read. Councilman Clark moved that the Prayer of the petition be grant- ed. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. Petition of Irvin L. Godar et al requesting the installation of Stop and Go lights at the intersection of 17t1t Street and Central Avenue and also at the intersection of 22nd Street and Central Avenue, pre- sented and read. Councilman Kane moved to refer the petition to the City Council for future considet•ation, Seconded by Councilman Bennett. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-Nano. Petition of Roy Brammet• t•e- questing that proper consent and permit be granted for the erection of a store building on the north- west corner of Julien Avenue and Mt. Pleasant Street on Lot 1 (ex- cepting the north 10 feet thereof) of Lot 2 of the east ~ of Lot 30; northerly 10 feet of Lot 2 of Lot 1 of east 1/2 of Lot 30; Lot 1 of 1 pf the east 1/s of Lot 30; all in Mt. Pleasant Addition, presented and read. Councilman Kane moved, that the petition be refert•ed to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman I, 'i ;;~~~I i~~ ~;;li, I ~~~ • ,,,~ x ~~~ 'jb~l ~~ 918~~ p i„~~ ~'~~ yil 1 AI ~I ~i ~, I ~' 230 Adjourned Regular Session, September 7.th, 1937 Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Conlon Hudson Com- pany requesting permission to con- struct athree-quarter inch airline across the alley from their build- ing at 650 Iowa Street to their body shop, presented and read. Councilman Clark moved to re- fer the petition to the City Man- ager for investigation and report. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- menBennett, Clarlc, Kane, Murphy. Nays-None. Communication of Board of Education enclosing 'a resolution adopted by said Board of Educa- tion petitioning the City Council to extend Avoca Street from Sem- inary Street to Kaufmann Avenue, presented and read. Councilman Bennett moved to refer the communication to the City Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Petition of residents of Abbott Street, Cottage Place and Lowell Street again requesting the City Council to extend Abbott Street from Lowell Street to Seminary Street, a distance of one block, and further requesting that the present black of Abbott Street be properly graded, presented and read. Councilman Murphy moved to refer the petition to the City Coun- cil to view the grounds. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Council Proceedings for the months of June and July, 1937, pre- sented for approval. Councilman Bennett moved that the Council Proceedings for the months of June and July, 1937, be approved as printed, Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Report of the Board of Health for the month of July, 1937, pre- sented. Councilman Bennett moved that the report of the Board of Health far the month of July, 1937, be re- ceived and placed on file. Second- ed by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. September 7, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The petition of Her• Bert A, and Grace E. Kennison re- questing the installation of an 8" sewer and a 4" water main in Mt. Vernon Court was referred to me by the City Council an August 9th. I have examined both the plans of Mr. Kennison and the street lay- out of Mt. Vernon Court, Asa mat- ter of policy T am opposed to the levying of a special assessment to cover improvements on properties that are owned wholly by one per- son, However, should the Council see fit to permit the sewer and water improvements to be done by special assessment, I recommend that no lift pump be put on a sewer system to supply but ten lots, The cost of maintaining such a lift pump would be too great con-. sidering the small number of lots to be benefitted. Abetter plan fm• providing sewerage for this sub- division would be to run the main from the west end of the property underneath Overview Court to con- nect with the Plymouth Street sewer. In order to do this ease- ments would be necessary threugh the private property between Mt. Vernon Court and Plymouth Street. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Kane moved that the petition of Herbert A, and Grace E. Kennison he denied. Sec- onded by Councilman Clark. Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None, September 7, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the session of the City Council held July 13, 1937, the request far the installation of a street light on the corner of Liricoln Avenue and Stanton Street was referred to the City Manager for report and recommendation. I have examined this corner and recommend that no light be in- stalled. The condition complained of is caused largely because of the number of trees growing at this point. Adjourned Regular Session, September 7th, 1937 231 The City of Dubuque can ill af- ford to pay for the lights that they now have in operation. When the income from the 11/4 mill levy is approximately $41,000.00 and the expenditures for the fiscal year 1936-1937 were approximately $60,000,00, serious consideration should be given to the possibility of doing with less lights rather than with more lights. Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Man- ager Rhomberg be approved. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- meu Bennett, Clark, Kane, Murphy, Nays-None, September 7, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: At the C o u n c i l meeting of July, 13, 1937, the mat- ter of the frame sheds and barn at 1705 Algona Street, owned by An- na Hinze, was referred to me to work out some plan to remedy the condition. I m.et with Mrs. Hinze on several occasions and on August 7th she agreed that not later than 60 days from that date she would take out a building permit for the rebuild- ing of the structures in conformity with the Building Code. She pro• poses to tear dawn the present buildings and use whatever ma- terial can be salvaged in their r'e- erection. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Bennett moved that the commnnication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. September 7, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the meeting of the City Council held July 19, 1937, the private fire alarm bell system used by six firms was ordered out of the Fire Department headquar- ters at 9th and Iowa Streets on or before the expiration of 60 days. Since that time some of these firms and several others have ask- ed that some provision be made far connecting their establish- ments with Fire Alarm headquar- ters at 18th and Central Avenue, Suggestions have been made that various sprinkler systems ba con- nected with Gamewell and similar equipment to the city firo alarm circuit. Others have asked that telephone connections be permitted to the Fire Alarm headquarters. The National Board of fire Underwriters do not favor the con- nection of private systems to the municipal circuit or to the Fire Alarm headquarters unless the same are supervised and maintain- ed in the same manner that the city awned circuits are supervised and maintained. Attached hereto is the correspondence that Wm. Ryan, the Fire Chief, has received from the National Board of Fire Underwriters and the Iowa Insur- ance Rating Bureau pertinent to this matter, also a tabulation of haw fire alarms have been received over a period of ten years. In this connection it is interesting to note that most alarms are received by the Fire Department over the or- dinary telephone circuits. After discussing this situation with Firo Chief Ryan, I recommend that the connection of private sys- tems to the municipal circuit be discouraged and that should the Council see fit to permit telephone cable connections to onter the Fire Alarm headquarters, that the same be done by an underground connec• tion as required by the Fire Under- writers a.nd that in no event should the extra wiring now unused in the city cable be used by any pri• vote firm. I feel that these extra wires are a reserve supply that can be cut in due to a failure of any of the circuits in use and also can be used in the future should additional municipal circuits be necessary, Respectfully submitted, A, A, RHOMBERG, City Manager. Councilman Clark moved that tha recommendation of City Man- ager Rhomberg be approved, Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-Nona. Resolution No. 105-37 WHEREAS, applications for Beer Permits have been submitted to this Council for approval and the same have been examined: NO1V, THEREFORE, BE IT RL+'SOLVED by the Coun• cil of the City of Dubuque that the 232 Adjourned Regular Session, September 7th, 1937 following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Viola Grode, 1643 Central Ave- nue. CLASS "C" PERMIT Lester Willis, 1260 West 3rd St. Passed, adopted and approved this 7th day of September, 193x. JOHN K. CHALMERS, Mayor. CARL A, CLARK, M. R. KANE, CEO. R. MURPHY, A. M. BENNETT, 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-Mayor Chalmers, Council- men Bennott, Clark, Kane, Murphy, Nays-None. Resolution Na. 106-37 WHEREAS, heretofore applica• lions were filed by the within named applicants for Beer Permits and they received the approval of this Council; and VGHERI.AS, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: NOW, THEREFORE, BE IT RESOLVED by the Coun- cil 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 George Rettenmaier, (renewal), 1100 Lincoln Avenue. Frank Spielman, (renewal), 1464 Central Avenue. Dubuque Lodge No, 355 Loyal Order of Moose, (renewal), 1379 Ceutral Avenue, Vern Okey, (renewal), 2249 Prince Street. Viola Grode, (new), 1643 Central Avenue. CLAS"a °C" PERMIT T. J. Magee Est. (Fred Hickson, Mgr.) (renewal), 846 Central Ave- nue. Lester Willis, (new), 1260 West 3rd Street. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved, Passed, adopted and approved this 7th day of September, 1937. JOHN K. CHALMERS, Mayor, CARL A. CLARK, M. R. KANE, GEO. R. MURPHY, A, M. BENNETT, Councilmen, Attest: J. J. SHEA, City Cleric, Councilman Murphy moved the adoption of the resolution. Sec• onded by Councilman Kane. Car• ried by the following vote; Yeas-Mayor Chalmers, Council- men Benuett, Clark, Kane, Murphy. Nays-None, Tho following decisions of the City Council relative to various tax petitions requesting remission and suspension of taxes presented for Council approval: Mrs. Anna Fatka Boesen requesting suspension of the 1936 taxes on Lot 25G and south 15 feet 2 inches of Lot 255 East Dubuque Addition, request granted; Joseph Sittet•ly requesting suspension of the 1936 taxes on Lot 44 of Stafford's Addition, request granted; Jacob Link requesting sus- pension of the 1936 taxes on Lots 99 and 100 of Finley Add., request granted; J. J. Weber requesting suspension of the 1936 taxes on the north 50 feet of Lot 1 of the Sub. of Lot 1 of 1 of 3 of L, H, Langwor- thy's Add,, request granted; Con- suelo McGee and Helen Green re• questing remission or suspension of the 1936 taxes on the southerly 38 feet of the north 79 feet of the south 129 feet of Lots 4, 5 and 6 in Kiene and Blocklinger's Subdivi- sion, granted suspension. Councilman Kane moved that the decisions of the City Council be approved and the Board of Super- visors to be notified of the action of the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Benuett, Clark, Kane, Murphy. Nays-None, Councilman Kane moved that Mrs, Mildred Cords be granted a refund in the amount of $38.16 for penalty charges paid on delinquent special assessments on Lots 190 and 191 of Woodlawn Park Addi• lion, Fund 898, and that the City Auditor be instructed to draw a warrant on the Special Bonded Fund in the amount of $38.16 in favor of Mt•s. Mildred Cords to cover the amount of refund grant- ed. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Couucil- cial Session, September 13th, 1937 233 men Bennett, Clark, Kane, Murphy. Nays-None. There being no further business Councilman Clark moved to ad- journ. Seconded by Councilman Kane. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, J. J. SHEA, City Clerk, Approved ..................................1937. Adopted ....................................1937, Councilmen l ..................................... Attest : ............................................... City Clerk. City Council (Official) Special Session, September 13th,, 1937. Council met at 4; 45 p,m, Present-Mayor Chalmers, Coun- cilmen Clark and Murphy, City Manager Rhomberg. Absent-Councilmen Bennett and Kane. Meeting called by order of Mayor Chalmers and Councilman Clark. Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called far the purpose of con- sidering whether or not the posi- tion of Building Commissioner comes under the scope of the Civil Service Act and acting on any other business as may properly come before a t•egulat• meeting of the City Council, Petition of L. A. Nordin, Manager Dubuque Exchange of Northwest• ern Bell Telephone Company, re- questing permission to string a banner from its building located at 824 Locust Street, across Locust Street to the building on the other side of the street, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Clark and Murphy, Nays-None, Absent-Councilmen Bennett and Kane. Petition of Jahn Ramsey request- ing that he be granted an excava- tion permit without charge for the installation of a sewer connection at 4D3 Klingenberg Terrace, pre- sented and read, Councilman Clark moved to refer the petition to the City Manager, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Clark and Murphy, Nays-None, Absent-Councilmen Bennett and Kane. Petition of Jacob A. Hertner, by L. Hertner, referred to the City Council by the Board of Supervis• ors, requesting suspension of the 1936 taxes on Lot 1 of 5 of Staf- ford's Addition, presented and read. Councilman Murphy moved to refer the petition to the City Solici- tor for investigation and report. Seconded by Councilman Clark. Carried by the following vote: 234 Special Session, September 13th, Yeas-Mayor Chalmers, Council• men Clark and Murphy, Nays-None, Absent-Councilmen Bennett and Kane. September 13, 1937, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Attached hereto is a letter re• ceived from L. E, Taylor concern- ing the State Automobile Insurance Association safety signs that have recently been erected in Dubuque, I bring this matter to your atten• tion because of a number of com• plaints along the same line that I have received recently, The matter involved is one that calls for the decision of the Coun- cil.' Respectfully submitted, A. A, RHOMBERG, City Manager, Councilman Murphy moved to re- fer the communication of City Man- ager Rhomberg together with the communicafion of L. E. Taylor to the City Solicitor for a report as to the legality of the erection of said signs. Seconded by Qouncil- man Clark. Carried~by'the follow- ing vote: Yeas-Mayor Chalmers, Council- men Clark and Murphy,' Nays-None, Absent-Councilmen Bennett and Kane. September 13, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: I am submitting herewith reports of the City Auditor, City Treasurer and City Water Department for the month of August, 1937, also list of claims and list of payrolls for which warrants were issued during the month of August, 1937. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Clark. Carried'by the following vote: " Yeas-Mayor Chalmers, Council• men Clark and Murphy. 'Nays-None, Absent-Councilmen Bennett and Kane. Resolution fro, 10~--37 WHEREAS, application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been_ examined: NOW, TTIER~FO$);, BE I~' RESOLVED by the Coun- cil of the City of Dubuque that th'e following application be and' the same is hereby approved and it is ordered that the premises to tie occupied by Such applicant shall be forthwith inspedted, CLASS "B, " PERMIT Jahn A. Hochberger, 1701 Asbury Street. Passed, adopted and approved this 13th day of September, 1937, JOHN K, CHALMERS, Mayor. CARL A. CLARK, GEO, R. MURPHY, Councilmen. Attest; J. J. SHEA, City Clerk. Councilman Clark moved the adoption of the resolution. Sec• onded by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Clark and Murphy. Nays-None. Absent-Councilmen Bennett and I{one, Resolution No. 108-37 WHEREAS, heretofore applies~ lions were filed by the within named applicants for Class "B" Beer Permits and they received the approval of this Council; and WHEREAS, the premises to be occupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond; NOW, THEREFORE, BE IT RESOLVED by the Coun- cil 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 Frank Wilberding, (renewal), 198 Main Street. John A. Hochberger, (new), 1701 Asbury Street, BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 13th day of September, 1937. JOHN K, CHALMERS, Mayor. CARL A. CLARK, GEO. R. MURPHY, Councilmen. Attest; J. J, SHEA, City Clerk. Councilman Clark moved the adoption of the resolution, Sec- onded by Councilman Murphy. Car• ried by the following vote; Yeas-Mayor Chalmers, Council- men Clark and Murphy, Special Session, September 13th, 1937 235 Nays-None, Absent-Councilmen Bennett and Kane. Councilman Murphy moved that Wm,'Holmberg lie granted' a refund in the amount of $80.15 for penalty charges paid on delinquent spbeial assessments levied agaiust Lot 2 of 2 'bf Linhein's'Addition,' Ftiud 646; aril that a' war4•ant in the amount of $,80,15 be' ordered drawn ou tfl'e' Special Bonded Fund in favor of Wm, Holmberg to cover the amount of rAfund'gr2nted. Sec- onded b~ 'Councilman Clark. Car• ried by the following vote: Yeas-Mayor Chalmers, Council- men Clark and, Murphy. . Nays-N6ne, ' "' Absent-Councilmen Bennett and Kane. The following decisions of the City Council' relative to various tax' petitions requesting cancella• lion and suspension of taxes pre• sented for Counci]'approval: John McNally requesting cancellation of the 1936 taxes on the south 17 feet of the west ?~ and the south 17 feet of the east 1/z of City Lot 131, re- quest for cancellation denied but a suspension of taxes granted; Mrs. Stella J. Schneider requesting can- cellation of the 1936 taxes on Lot 2 of Sub. Lots 36 and 37 of Grand- view HOights Addition, request denied; Frank Larem requesting suspension df the 1936 taxes on the east 4 feet of the north 162 feet of Lot 1 of 1 of 145, Lot 1 of 1 of west p~ of 145A 'and Lot 2 of 1 of the west 1/h of 145A all in L, H. f.ang- ~Vorthy's Addition, request granted; Jacob A. Hertner i•equestiug sus- pension of 'the 1936 taxes on Lot 1' Sub. 5 of Stafford's Addition, re- quest granted. Councilman Clark moved that the decisions of the- City Council on the various tax petitions be approved and the Board of Supervisors to be notified of the action of the City Council, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men'Clark and Mnrp'hy, ' Nays-None. ' Absent-Councilmen Bennett and Kane, ' There being no further business Councilman Clark- moved' to ~ad- yourn.' Seconded by- Councilman Murphy; `Carried by the' following vote; Yeas-Mayor Chalmers, Council- men'Clar)#''and Murphy. ' ~~~ .''Nays-Non'e': ' ;,~i, ,,. Akysent-Councilmen Bennett and Kane, ' J. J. SHEA, City Clerk. Approved ..................................1937. Adopted' ....................................1937, Councilmen j .......................................:.._.-... „~n, , Attest : .................................................. City Clerk. 236 Special Session, September 23rd, 1937 City Council (Official.) Special Session, September 23rd, 1937. Council met at 5:00 P• M. Present-Mayor Chalmers, Coun- cilmen Bennett, Kane, Murphy, City Manager Rhomberg. Absent-Councilman Clark. Meeting called by order of Mayor Chalmers and Councilman Kane, Mayor Chalmers read the call and stated that service thereof had been duly made and that this meet- ing is called for the put•pose of considering tax petitions request- ing cancellation sand suspension of taxes for the year 1936 and acting on any other business as may pro- perly Come befm•e a regualr meet- ing of the City Council. Office of State Board of Appeal, State of Iowa. NOTICE OF HEARING. To the Honorable John K, Chal- mers, Mayor of the City of Du- buque, Iowa, and to; Jas. F. Lee, T. A• Polsean, Lynn E. Allen, A. L. Mutschler, Theo. Scharle, Melvin C. Lynn, Franh C. Byrne, Joe Keppler, Paysen Berg, A. Cartigny, Objectors. You, and each of you, are hereby notified as follows: That as shown by the records which have been certified to the State Board of Appeal, the above named objectors, et al. filed a pro- test with the County Auditor of Dubuque County, Iowa, objecting to the budget and tax levy of the City of Dubuque as provided by the Budget Appeal Law, Chapter 91, Lawa of the 47th G, A. There- after, acopy of said pt•otest, to- gether with a copy of the proposed budget, was filed with the State Board. You are further notified that said appeal is no~v pending and the following time and place are here- by fixed for the hearing thereon, before the State Board, or their properly accredited representa- tive: City Hall, Dubuque, Iowa, Thut•sday, September 3D, 1937, at 10;00 A• M. At such hearing interested per- sons may appear and show cause why the budget and tax levy should be reduced or stand as certified. STATE BOARD OF APPEAL. -By C. B. Murtagh, Chairman. Dated this 16th day of September, 1937. Councilman Murphy moved that the notice be made a matter of record. Seconded by Councilman Bennett, Cat•ried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Chalmers, Kane, Murphy. Nays-None, Absent-Councilman Clarlt. Original Notice of Suit of Mary Erner, Plaintiff, vs. City of Du- buque, Iowa, Defendant, in the sum of $750.00 as damages for personal injuries sustained by her in falling over a tree stump located in the middle of the blaclt on White Street between 11th and 12th Streets, presented and read. Councilman Bennett moved to refer the notice to the City So- licitor. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clarlt. Original Notice of Suit of Chris- tine Larson, Plaintiff, va. City of Dubuque, Iowa, Defendant, in the sum of $2,450.00 far personal in- juries sustained in falling on a de- fective sidewallt in front of the premises known as 284 James Street, presented and read. Councilman Bennett moved to refer the notice of suit to the City Solicitor. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark, Communication of Dubuque Trades and Labor Congress con, veying their sincere thanks to the City Council for their co-operation in making Labor Day celebration such a great success, presented and read. Councilman Bennett moved to receive and file the communication. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Communication of The Interna- tional City Managers' Association extending invitation to the Honor- Special Session, September 23rd, 1937 237 able Mayor and City Council to at- tend the Annual Conference of the, International City Managers' Asso- ciation to be held in New Orleans, October 18 to 21 inclusive, pre- sented and read. Councilman Bennett moved that City Manager Rhomberg be author ized to attend the conference if he so wishes. Seconded by Council- man I{one. Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council, men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Petition of Leonard Schuster re• questing a refund in the- amount of $75.00 on his cigarette permit as be has discontinued business as of September 15th, 1937, presented and read, Councilman Murphy moved that the request be granted and that a warrant in the amount of $75.00 be ordered drawn on the City Treasurer in favor of Leonard Schuster to cover the amount of refund granted. Seconded by Coun- cilman Kane. Carried by the fo1- lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, Petition of taxpayers and pro, perty owners protesting and ob- jecting to the existing condition pertaining to the overtaxing of the sanitary sewer in West Locust Street from 16th Street to Kirk- wood Street, presented and read. Councilman Bennett moved to re- fer the petition to the City Man- ager for investigation and report, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers,, Council- men Bennett, Kane, Murphy. Nays^-None. Absent-Councilman Clark. Petition of Mrs. Anna Kirmse, referred to the City Council by the Board of Supervisors, requesting suspension of the 193G taxes on Lot 4 of Cook's Addition and also the North 57 feet of Lot 1 of the East 50 feet of 789 of A. Mc- Daniel's Sub., presented and read, Councilman Murphy moved to re• fer the petition to the City Solic• itor for investigation and t•eport. Seconded by Councilman Bennett. Carried by the following vote; Yeas--Mayor Chalmers, Council, men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. Petition of May L. Donaldson, referred to the City Council by the Board of Supervisors, requesting suspension of tho 1936 taxes on Lot 6 of South Avenue Addition, pre- sented and read, Councilman Murphy moved to re- fer the petition to the City Solic- itor for investigation and report~ Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy Nays-None. Absent-Councilman Clark, Petition of Kretschmer Insur- ance Agency requesting release oY the bond of R. M. Evans, former City Manager, as of July 15th, 1937, presented and read- ' Councilman Kane moved that the request be granted and that the Mayor be authorized to axecttte the release. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalme~•s, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Petition of VoelltAr Realty Com- pany, submitting attached list of special assessments which were paid on August 30th, 1937, and which were included in Scavenger Tax Sale Certificates, requesting refunds of .all penalties and inter, est on these assessments in ac- cordance with agreement reached at a recent meeting with your hon• orable body, presented and read. Councilman Bennett moved that Voelher Realty Company be grant- ed refunds in the following amounts, for penalty charges paid on delinquent special assessments and that warants in the following amounts be ordered drawn on the Special Bonded Fund to cover the amounts of refunds granted, total amount of refunds granted $452.73: Fund 917 in the amount of $38,23 on the west ~ of south 1/z of south z/t of Lot 16P of L. H. Langwor- thy's Addition; Fund 510 in the amount of $9.85 on the northeast 37 ft. 6 in. of Lot 441 of Ham's Addition; Fund 885 in the amount of $10.78 on the east ~Z of Lot 5 and all oP Lot 6 of Gmehle's Sub- division; Fund 578 in the amount of $24.19 on the south ~/z of Lot 21 and th6 north t/z of Lot 22 of E. Langworthy's Addition; Fund 387 in the amount of $2.55 on Lot 27 of Tschirgi & Schwind's Sub• division; Fund 629 in the amount of $34.44 on Lot 23 of Pinehurst; Fund 413 in the amount of $12.63 en Lot 1 of Voelker Highlands; Fund 901 in the amount of X42.38 on Lot 221 of Woodlawn Park Ad- dition; Fund 560 in the amount of 822,50 on the west 39 ft. 8 in, of Lot 52 of Littleton. & Sawyer's Ar~- dition; Fund 917 in the amount of h it ''` ,~ 238 Special Session, September 23rd, 1937 $33.29 on the east 118 ft, of the north 36 ft. 6 in of Lot 263 of Davis Farm Addition; Fund 553 in the amount of $41.47 on Lot 6 of Hooper's Addition; Fund 553 in the amount of $37.03 on Lot 2 of Jaeg• er's Subdivision; Fund 553 in the amount of $7.37 on Lot 2 of 3 and Lot 2 of 4 of Jaeger's Subdivision; Fund 423 in the amount of $10.79 on the east 60 ft• of west 93 ft. of the north i/z of Lot 2 of Pauline Laugworthy's .Subdivision; Fund G52 in the amount of $79.38 on Lot A of Subdivision of 2 of 2 of 2 of Min. Lot 72 and Lot 1 of 10 of Min. Lot 73 and Lot 2 of Min. Lot 74; Fund 626 in the amount of $23.66 on the south 7 ft. 6 in. of west 1/z of Lot 23A of L• H, Langworthy's Addition and the north 31 ft. of west 1/z of Lot 24A of L• H. Langworthy's Addition; Fund 553 in the amount of $22.19 on the southwest pia of Lot 5 of Cook's Addition. Seconded by Coun- cilmanMurphy. Carried by the fol• lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Mm•phy. Nays-None. Absent-Councilman Clark. Petition of Senior High Schoo]• requesting permission to hang a banner across Main Street between 8th and 9th Streets, presented and read. Councilman Murphy moved that the request be granted. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy- ' Nays-None. Absent-Councilman Clark, September 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: With reference to attached petition of Mr. Roy Bram- mer, requesting certain changes in the Planning and' Zoning Ordin- ance, which was referred to the Planning and Zoning Commission on September 7th, 1937, the Com- mission recommends that the peti• tion be denied for the following reasons: (1) Rezoning of one lot to a classification different than sur- rounding properties is contrary to first principles of city zoning and hence contrary to a long standing policy of the Commission, Incidentally, you will be interest- ed to know that a recent decision of the Supreme Court of Pennsyl- vania sustains this policy- In a recent decision Huebner vs. Phila- delphia Savings Fund Society, the court ruled,-" a single lot is not a proper area to be classified as a zoning district in itself; and the action of City Council in creating a separate commercial zone of iso• lated area comprising a single cor- ner lot is unreasonable and void." (2) Adequate local business fa• cilities are already availalQe in the general area, the lot under consid- eration being but one and one-half blocks from a local business dis• trio to the east on Julien Avenue, and two blocks from another to the west on Delhi Street. Yours very truly, R. V. McKay, Secretary, Planning and Zoning Commission. Councilman Kane moved that the recommendation of the Planning and Zoning Commission be made a matter of record- Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers,, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, September 20, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Attached please find petition of Interstate Power Com- pany, dated January 13, 1937, re• questing vacation of certain pro, perty by the City adjacent to its main power plant in Block 14, Du- buque Harbor Improvement Com- pany's Subdivision. Attached like, wise is a letter of Dubuque Dock Commission signed by J. A. Kerper and addressed to Mr. Bissell of the Planning and Zoning Commis, sion, referring to the same sub- ject matter. The Planning and Zoning Copr- mission recommends to the City Council that the petition of the In- terstate Power Company lie grant- ed at such time as the tentative agreement between Interstate Pow- er Company and Dubuque Dock Commission, calling for certain per- manent easements over the Power Company property mentioned in Mr. I{erper's letter, be carried out -the details of agreement, maps, etc., to be prepared by the Dock Commission and City Attorney Czizek, Yours very truly,, R, V, McKay, Secretary, Planning and Zoning Commission. CouncilmanKane'moved that the recommendation of the Planning and 'Coning Commission be made a matter of record and the City So- licitor to be instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Special Session, September 23rd, 1937 239 Yeas-Mayor Chalmers, Gounci]• men Benuett, Kane, Murphy. Nays-None. Absent-Councilman Clark. September 23, 1937, Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached petition of Car]• J. Dangel• meyer requesting rezoning of his property on the South West corner of Fenelon Place and Summit Street to Multiple Residence clas• sification, a study of the general district lead the Planning and Zon• ing Conmrission to favor the rezon- ing of a much larger area than that in which Mr. Dangelmeyer is par- ticularly interested. In this dis- trio are numerous other large old homes which will undoubtedly, some day, naturally ]-end them- selves to Multiple Residence use. Therefore, the Planning and Zon- ing Commission recommeuds that the area bounded on the south by the center line of Third Street; on the north the center line of Fifth Street; on the east by the center line of Bluff Street, and on the west by the center line of Burch Street, be rezoned from Two Family to Multiple R e s i d e n c e classification, Respectfully submitted, R. V. McKay, Secretary, Dubuque Planning and Zoning Commission. Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be made a matter of record and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. 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 August, 1937, presented and read. Councilman Bennett moved that the proof of publication be se•• ceived and flled• Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Dubuque, Iowa. September 17th, 1937. To the Honorable Mayor and City Council, , Dubuque, Iowa. Gentleman: In accordance with the provisions of Chapter 289 of the State Code of Iowa, 1935, as amended, Section 6696, the Civil Service Commission conducted an entrance examination on Septem• ber 16th, 1937, for those seeking positions on the eligible list for appointment to the position of Head Garage Mechanic. Four applications were received for this examination and only one applicant, Clarence H. Briggs, pass- ed the mental and physical exam- inations, hie average being 94%, The other three applicants falling below the required 70%• Respectfully submitted, R. L. WOODWARD, Chairman. E. J. RYAN, B, C. SCHMIDT, Commissioners, J. J. SHEA, Clerk. State. of Iowa ) ss. Dubuque County) Subscribed and sworn to before me, a Notary Public, this 20th day of September, 1937, C. A. REED, (Seal) Notary Public in and far Dubuque County, Iowa. Councilman Murphy moved that the communication of the Civil Ser- vice Commission be made a mat- ter of record. Seconded by Coun• Gilman Bennett- Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. September 13, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the follow- ing band and policies and desire to have your approval on same for filling: SIGNS Merchants Hotel, 300.326 Main Street-Policy No. 18299, Employ, ere Mutual Casualty Co. Edward Graham & Sons, 846 Main Street-Policy No. LO 220283, Great American Indemnity Co, Walther Dairy Products, 83 Lo• Gust Street-Policy No. ILO 56769, Great American Indemnity Co, Belsky Motor Co., signs at ~ol• lowing locaticna: 794 Iowa Street, 767.795 Central Avenue, 660.666.562 Locust Street-Policy No. LAG 4138, Fireman's Fund Indemnity Co. C. E. Mettel, 13th and Iowa Streets-Bond No. 704721, Western Surety Co. EXCAVATIONS Richard J. Burke, 130 West 13th Street-Policy No, E 70648, Lon• 240 Special Session, September 23rd, 1937 don Guarantee & Accident Co., Ltd. George F. Pinski,485 8th Avenue -The Fidelity & Casualty Co. of N. Y, Respectfully submitted, A. A. Rhomberg, City Manager. Councilman Kane moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; At the session of the City Council held September 13th the petition of John Ramsey requesting that he be ,ranted an excavation permit without charge for the installation of a sewer con• nection at 408 I{lingenberg Terrace was referred to me, On September 18th I succeeded in getting a contractor to take out the permit for Mr. Ramsey and to pay the fee. The sewer connec• tion was installed on September 20th and the street replaced. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Manag- er Rhomberg be received and made a matter of record: Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the session of the City Council held September 2nd, the petition of Oscar Irmen et al. requesting that the resurfac- ing of West 28th Street be con• tinned to Muscatine Streot was re- ferred to me, I have examined West 28th Street and find that West 28th Street has bean improved with bi- tuminous surfacing from Central Avenue to a point just east of Da- venport Street. The balance of the street•is not graded and therefore I recommend that no surfacing be applied to West 28th Street until such time as it is brought to a pro- per grade from the end of the present improvement westerly to Muscatine Street. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Kane moved that the recommendation of City Man- ager Rhomberg be approved. Sec• owded by Councilman Bennett. Carried by the following vote: -Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen; On September 7th Jahn L. Deckert, the owner of Lot 19 of Yate's Subdivision, request- ed that sewer and water mains be laid in West 16th Street. The pres- ent water main ends approxim- ately 75 ft, west of Henion Street. Before 'a water main could be laid from the present main westerly it would be necessary to do a great deal of grading on West 16th Street and to do considerable ex- cavation in solid rock. To provide sewer facilities it would be neces- sary to build 318 ft. of sower main on Catherine Street from West 17th Street southerly and 363 ft. of Sewer on West 16th Street from Catherine Street west. These improvements would pro- vide for five homes, all of which are on the north side of West 16th Street from Catherine Street west to the end of West 16th Street. The property on the south side of this street is wholly owned by Co- lumbia College. I am of the opin- ion that this work would be very expensive in nature and I serious- ly question whether the property values in the neighborhood would stand the assessments. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Kane moved that the communication of City Man- ager Rhomberg be made a matter of record. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clarlt. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The petition of G. L. Neuwohner far the repair of the alley beginning at 1530 Julien Ave- nue and extending southerly and Special Session, September 23rd, 1937 241 westerly to Stewart Street with bituminous paving was referred to me on August 2nd for,an investiga- tion and report. T have examined this alley and find that it needs grading. Our funds at the present moment will not permit any extensive grading program, The bituminous paving would not be possible unless it be done as a special assessment pro- positio6 according to the Council's action of August 2nd. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Kane moved that the communication of City Manager Rhomberg be made a matter of record. Seconded by Councilman Bennett. Carried by the following vatE: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-Neue. Absent-Councilman Clark. September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The new concrete floor on the east side of the 18th Street Fire Station and the neces- sary new plumbing under the floor has been completed. The plumbing was installed by F. C. Braconier at a cost of $95,00 and the concrete work was installed by the James F, Lee Paving Co. for $180.00. These prices represented the low- est bids received at an informal lotting, Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Murphy moved that the communication of City Man• ager Rhomberg be mode a matter of record. Seconded by Council- man Kane, Carried by the follow- ing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clarlt, September 23, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Pursuant to your order I solicited bids for the fuel requirements. for the City for the season of 1937-1938. The best bids received were by the M i d tiv e a t Lumber Company for coal and coke, by Fischer & Company for &' screenings and by the Rainbo Oil Company for fuel ail. I recommend that contracts be entered into by the Council with these three firms for the various classes of fuel. Respectfully submitted, A, A. RHOMBERG, City Manager. Councilman Kane moved that the recommendation of City Man- ager Rhomberg for the awarding of the coal and coke contract to the Midwest Lumber Company and for the awarding of the 2" screen- ings contract to Fischer & Com• pant' be approved and the Mayor and Clerk authorized to execute said contracts on behalf of the City of Dubuque, Seconded by Councilman Bennett. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clarlc, Councilman Kane moved that the recommendation of City Man- ager Rhomberg for' tho awarding of the fuel ail contract to the Rain• bo Oil Company be not approved and that the City Manager be in- etructed to distribute, to the best of his judgment, th6 fuel oil busi- ness among the various dealers at the price of 6.S cents. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, 11lurphy. Nays-None, Absent-Councilman Clark. Resolution No. 109-37 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cig- arette papers within said City and the Manager is directed to issue such permit on behalf of said City, Name, Address. Jos. W. Hanten, 2220 Delhi Street. Be It Further Resolved that the bond filed with the application be approved. Passed, adopted and approved this 23rd day of September, 1937. JOHN K, CHALMERS, Mayor. M. R. KANE, GEO. R, MURPHY, A. M. BENNETT, Councilman, Attest: J. J. SHEA, City Clerk. Councilman I{one moved the adoption of the resolution. Sec- 242 Special Session, September 23rd, 1937 onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark, Resolution No. 110--37 Whereas, applications for Class "B" Beer Permits have been sub• witted 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 fallowing applications be and the same are hereby approved, and it is ordered that the premises to be occupied by such applicants shall be forthwith inspected. CLASS "B" PERMIT Name. Address, Andy Reiter, 2319 Prince Street, John A. Armstrong, 398 Main Street. Joseph W. Hanten, 2220 Delhi Street. Passed, adopted and approved this 23rd day of September, 1937. JOHN K. CHALMERS, Mayor, M. R. KANE, GEO. R. MURPHY, A, M. BENNETT, Councilmen, Attest: J. J, SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Bennett. Car• ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Resolution Na, 111-37 Whereas, heretofore applications were filed by the within named applicants for Class "B" Beer Per- mits and they received the appro- val of this Council; and Whereas, the premises to be oc- cupied by them have been in- spected and found to comply with the ordinances of this City and they have filed a proper bond: Now, Therefore, Be It Rosolved by the City Coun- cil 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. Andy Reiter (New), 2319 Prince Street. John A, Armstrong (New), 398 Main Street. Joseph W. Hanten (New), 2220 Delhi Street. Alois 0. Weitz (Renewal), 201 East 22nd Street. Mrs. Etta Tarkett (Renewal), 500 Rhomberg Avenue. Patrick R. Kennedy (Renewal), 2408 Central Avenue. George Nordin (Renewal), 555 8th Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Passed, adapted and approved this 23rd day of September, 1937. JOHN K, CHALMERS, Mayor. M. R. KANE, GEO. R. MURPHY, A. M. BENN)JTT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the adoption of the resolution. Sec• onded by Councilman Murphy. Car- ried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, Verbal report of City Solicitor Czizek recommending that a war- rant in the amount of $125.00 be ordered drawn on the City Treas- urer in favor of Attorney E. H. Willging as settlement in Yull of the claim of Wm. Gassman for damages received to his property caused by blasting in the quarry on Cox Street, presented. Councilman Murphy moved that the recommendation of City Solic- itor Czizek be approved and that a warrant in the amount of $125.00 be ordered drawn on the City Treasurer in favor of Attorney E. H. Willging as settlement in full of the claim of Wm. Gassman for damages received to his property caused by blasting in the quarry on Cox Street, Seconded by Coun- cilman Kane. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None, Absent-Councilman Clark. September 22nd, 1937. To the Honorable Mayor and Coun- cil of the City of Dubuque, Gentlemen: The communication of L. E. Taylor requesting the re- moval of signs which have been erected throughout the City by the State Auto Insurance Association of Des Moines on the grounds that Special Session, September 23rd, 1937 the same are violative of the motor vehicle taws of the State and constitute an unlawful inter ference with the free use of pub lit property has been referred tc me for an opinion. Tt will be remembered that the erection of these signs was auth- orized by the Council prior to the enactment of the new Motor Ve- hicle Law. When authorized, the Council felt that the signs would serve a useful purpose by directing the attention of the public to dan- gerous intersections and places where accidents has occurred and, therefore, would be in the interest of public safety, However, since objections to the maintenance of such signs have now been made, it is necessary to consider the same in the light of existing laws 'and determine whether er not such signs can be legally maintained. The principal objection to them is two-fold: (a) They bear on their face advertising matter; and (b) They constitute an obstruction to the free use of the street and side- walks, Mr. Taylor refers to certain specific sections of the Code and of the Motor Vehicle Law which he claims are being violated, to-wit: Section 4846 which prohibits bill- boards and signs on highways; Section 290 of the Motor Vehicle Law which prohibits signs con- taining commercial advertising; and Section 5079-02 of the Code (haw Section 373 of the Motor Ve• hicle Law); and the general sta- tute against nuisances and obstruc- tions, As to Section 4846, it is clear this statute has reference only to primary and secondary road s which are exclusively under the jurisdiction of the Highway Com- mission and Board of Supervisors. It has no application to this case. As to Section 290 of the Motor Vehicle Law, this statute prohibits the maintaining of any signs relat- ing to traffic which resembles or might be mistaken for an author- ized traffic sign and contains an express prohibition against the maintenance of any traffic sign or signal "bearing thereon any com• mercial advertising." Are the signs complained of a violation of this section? It seems to me they are. In the first place, they are a direction to traffic to "drive slowly," and in the next place, they have printed thereon the name of "State Auto Association, Des Moines:' 243 While the signs cannot be mis- taken for authorized traffic signs, nevertheless they attempt to con- trol traffic and contain commercial advertising matter thereon. A careful reading of the statute seems to throw light upon the in• tention of the Legislature when it enacted the statute. While it pro- hibits on highways the mainten- ance of signs which direct and which contain commercial adver- tising, it permits signs when placed upon private property adja- cent to highways which give use- ful, directional information of a type that cannot be mistaken far official signs even though such signs do contain commercial adver- tising upon them. The fact that the exception was made as to such signs when located on p r i v a t e property indicates the legislative intention to exclude such signs froth highways, ' As to Section 6049-C2 (now Sec- tion 373 of tha Motor Vehicle Law). I do not believe such sec- tion applies to the instant case as the signs were not erected er caused to be erected" by the City. As to such signs constituting an obstruction to the free use of the streets and are nuisances, it is my epinion that this ie true, Section 290 of the Motor Vehicle Law de~ fines any prohibited sign, signal or marking to be nuisance and auth- orizes the City to remove the same without notice. Section 5945 of the Code places the, supervision and control of all highways, streets, avenues, alleys, public squares and commons upon the City and requires that they be kept open and in repair and free from nuisances. A public street includes sidewalks and ex- tends from property line to pro• perty line, Since such signs are prohibited by law and are declared to be nuisances, and since the City is charged with ,the ditty of keep- ing streets free from nuisances, it seems to follow that by allowing such signs to exist on public pro- perty, the City is permitting a nuis• ante to be maintained and, in order to discharge its Pull duty to the public, the same should be remov- ed. There is no doubt that should an accident occur on account of such signs, the City would be held liable in damages. It is my opinion that the signs complained of do violate the Motor Vehicle Law and do constitute a nuisance and ati obstruction to the free use of public property. The 244 Special Session, September 23rd, 1937 ~ Special Session, September 23rd, 1937 245 Council is, therefore, authorized to direct their removal, Respectfully submitted, M. H. CZIZEK, City Solicitor. Councilman Kane moved that the communication of City Solicitor Czizek be made a matter of record and that the City Manager be in- structed accordingly. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark. Resolution No, 112-37 Whereas, the City of Dubuque is the owner of Lot 27B of A. P. Wood's Addition to the City of Du- buque, having acquired title there- to by virtue of a tax deed; and Whereas, said premises is not needed for any public purpose and is purely residential property; and Whereas, Harold Neubauer has submitted an offer to purchase said real estate for the sum of $400.00, $100.00 to be paid at the time of the execution of a contract for deed and the balance to be paid on the basis of twelve monthly in- stallments of $25.00 each beginning with the first day of October, 1937, together with interest thereon at the rate of 5~o upon all deferred payments and this Council consid- ers such offer fair and reasonable and has accepted the same; and Whereas, a contract for a deed has been duly prepared and sub- mitted to this Council for approv- al: Now, therefore, Be it resolved by the Council of the City of Dubuque that said con- tract for deed be and the same is hereby approved, and the Mayor and Clerk are hereby authorized and directed to execute the same' on behalf of the City of Dubuque. Passed, adopted and approved this 23rd day of September, 1937. JOHN K, CHALMERS, Mayor. M. R. KANE GEO, R. MURPHY, ARTHUR M. BENNETT, Councilmen. Attest: J. J. SHEA, , City Clerk. Councilman Kane moved the ad- option of the resolution. Second- ed by Councilman Bennett, Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Marphy. Nays-None, Absent-Councilman Clark. , Resolution No, 113-37 Whereas, under data of October 26, 1925, the City of Dubuque en- tered into a contract with Harriet Guthrie for the installation of wa- tet• mains in Sunset Ridge, an ad- dition to the City of Dubuquo, by the terms of which Lots No. 1 to 30 inclusive were charged with a proportionate share of the annual interest upon the cost of installing such water service, said contract having been filed fot• record in the office of the County Recorder of Dubuque County, Iowa, on October 28, 1925, and recorded in Book 122 on page 521; and Whereas, the owner of Lot 19 of Sunset Ridge, an addition to the City of Dubuque, having paid in full the portion of the interest charged to said lot and fully dis- charged any lien upon said lotus the result of said contract: Now, therefore, Be it resolved by the City Coun- cil of the City of Dubuque that the Mayor and Clerk be. and they are hereby authorized and directed to execute a Satisfaction and Release of the lien created by said contract against said Lot 19 of Sunset Ridge and file the same far record in the office of the Recorder of Dubuque County, Iowa. Passed, adopted and approved this 23rd day of September, 1937. JOHN K, CHALMERS, Mayor. M. R, KANE, GEO. R. MURPHY, A, M, BENNETT, Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Murphy, Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Beronett, Kane, Murphy. Nays-None. Absent-Councilman Clark. The following decisions of the City Council t•elative to various tax petitions requesting cancellation and suspension of taxes presented for Council approval: Mrs. Anna Ifolf requesting suspension of the last half of the 1936 taxes on Lot 1 of A. L. Brown's Sub., petition withdrawn; Mrs. Anna Wampach requesting suspension of the 1936 taxes on Lot 39 of Hooper's Add., petition returned as she receives an old age pension; Bethany Home for the Aged requesting remission of the 1936 taxes on S. E, 42 feet of E. 5 feet of Lot 10 of King's Grove Addition and Lots 83, 84 and 85 of Pleasant View Addition, re- quest denied; Della C. Thul re- questing cancellation of the 1936 taxes on Lot 3 of S. 2 feet 6 inches of Lot 2 of Kleinschmidt's Sub., request granted; Mrs. Edith Law- son requesting cancellation of the 1936 taxes on Lot 2 of Sub, of 1 of 30 and 31 of Morheiser's Add., the wort 30 feet of Lot 2 of 30 and 31 of Morheiser's Add„ and Lot 2 of Sub. of 2 of 16 of Tschirge & Schwind's Sub., request granted; Miss Josephine Flynn requesting suspension of the 1936 taxes on N. M. 20 feet of City Lot 83, rep quest granted; Mrs. Louise Moser requesting suspension of the 1936 taxes on Lots 16, 43, 44 and 45 of O'Neill's Sub. No. 3 and Lot 2 Sub. 1 of 2 of 11 of Westaby's Sub., and the west 100 feet of Lot 2 Sub. 2 of 11 of Westaby's Sub„ request granted; Lillian L. Hargus request- ing suspension of the 1936 taxes on Lot 1 of the Sub, of 1 of 1 of City Lot 667,request granted; Pet- er Haupert requesting suspension of the 193G taxes on Lots 3, 4 and 5 of Buseman and Eberl's Sub., request granted; Josephine Mc• Ceney requesting suspension of the 1936 taxes on Lots 3, 4 and 6 of William Blake's Add., request granted; Louisa Scharff request- ing suspension of the 1936 taxes on Lots 34 and 35 of Belmont Add„ request granted. Councilman Kane moved that the decisions of the City Council on the various tax petitions be approved and that the Board of Supervisors to be' notified of the action of the City Council. Seconded by Coun- cilman Murphy. Carried by the following vote; Yeas-Mayor Chalmers, Conucil- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clark, Councilman Kane moved that the City Council reconsider their pry vious action in denying the peti• tion of Mrs. Stella J. Schneider re- questing cancellation of the 1936 taxes on Lot 2 of the Sub. of Lots 36 and 37 of Grandview Heights Addition and that the Board of Su- pervisors be notified of the action of the City Council. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Murphy. Nays-None. Absent-Councilman Clat•k. Councilman Kane moved that the request of Mrs. Stella J. Schneider for a cancellation of the 1936 taxes on Lot 2 of the Sub. of Lots 36 and 37 of Grandview Heights Ad- dition be denied but that a suspen- sion of said taxes be granted and the Board of Supervisors be noti- fied of the action of the City Coun• cil. Seconded by Councilman Mur- phy. Carded by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Kane, Murphy, Nays-None. Absent-Councilman Clat•k, Councilman Kane moved that the request of W. M. Kretschmer, Agent far John Frey, requesting a refund in the amount of $13.12 far penalty charges paid on delinryuent special assessments levied against Lot 30 of Reche's Sub., Funds 903 and 925, be denied. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Councih men Bennett, Kane, Marphy, Nays-None. Absent-Councilman Clarlt. There being no further business, Councilman Bennett moved to ad• journ. Seconded by Couuciltnan Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Kane, Marphy. Nays-None. Absent-Councilman Clark, J, J, SHEA, City Clerk. Approved ..................................1937. Adopted ....................................1937. Councilmen : ...................................... Attest : .............................................:.... City Clerk,