1947 February Council ProceedingsRegular Session, rebruary 3rd, 1947 i7
of more men on the police depart-
® ment. City Manager Rhomberg and
City Solicitor Kintzinger fully set
out the position of the City and the
(Official). State Laws covering the various
Regular Session, 'February 3rd, problems as presented and dis-
1947, cussed by the different speakers.
Council met at 7:30 P.M. Notice of Claim of Ernest Hafer-
Present-Mayor Wharton, Coun- becker in the amount of $10,000.00
cilmen Moffatt, Murphy, Thompson, for injuries sustained in falling
Van Duelman, City Manager Rhom- into an open and unguarded cellar-
betg. way in close proximity to the side-
walk on the west side of Rock
Mayor Wharton stated that this Street at a point approximately 15
is the regular monthly meeting of feet north of the north curb of Uni-
the City Council for the purpose of versity Avenue, presented and read.
acting upon such business as may Councilman Van Duelman moved
properly come before the meeting. that the Notice of Claim be teferred
Councilman Thompson moved to the City. Solicitor far imvestiga-
that the rules be suspended for the tion and report. Seconded by Coun-
purpose of allowing any one pres- Gilman Moffatt, Carried by the fol-
ent in the Council Chamber, who lowing vote:
.wishes to do so, to address the yeas-Mayor Wharton, Council-
Council. Seconded by Councilman men Moffatt, Murphy, Thompson,
Moffatt. Carried by the following Van Duelman.
vote. Nays-None.
Yeas-Mayor Wharton, Gouneil•
men Moffatt, Murphy, Thompson, Notice of Claim of Clara L.
Van Duelman. Knapp in the amount of $1,000.00
Nays-None, fot• injuries sustained in falling on
the ice covered sidewalk and alley
Mr. Nick Grommersch addressed. between Dodge and Curtis Streets
the Council stating that he~ is in on the east side, of Booth Street,
favor of having the bus service ex-
presented and read. Councilman
tended on Park Hill District and Moffatt moved that the Notice of
requested that a street be estab• Claim be referred to the City Solici-
lished connecting Park Hill Dis-
trict with Kaufmann Avenue. Coun• for for investigation and report.
Gilman Thompson moved that the Seconded by Councilman Murphy.
verbal request of Mr. Nick Grom- Carried by the. following vote:
mersch be referred to the City Yeas-Mayor Wharton, Council-
Council to view the grounds. Sec- men Moffatt, Murphy, Thompson,
onded by Councilman Moffatt. Car- Van Duelman.
Tied by the following vote: Nays-None.
Yeas-Mayor Wharton, Council- Communication o f O'Cortinor,
men Moffatt, Murphy, Thompson, Thomas & O'Connor, By F, A, 0'•
Van Duelman. Connor, asking that the City Coun-
Nays-None, Gil take favorable action at the
Messrs C. E, Rhodes representing earliest possible date on the peti-
the Dubuque Automobile Club, tion of St: Clara College requesting
Thomas Nelson representing the the opening of Platt Street near
Veterans of Foreign Wars, A. A. Mercy Hospital, presented and read,
Meyer and E. F. Lusch represent- Councilman Murphy moved that
ing the Dubuque Safety Council, the communication be received and
B. A, Ruegnitz representing the filed, Seconded by Councilman Van
Safety Patrol, A. G. Sommerfeld, Duelman. Carried by the following
John A. Cunningham, Henry Cun- vote:
uingham, and Dave Hartig ad- Yeas-Mayor Wharton, Council-
dressed the Council and discussed men Moffatt, Murphy, Thompson,
the parking problem, the installa- Van Duelman.
tion of parking meters and the use Nays-None.
of the money derived from the Communication of the Dubuque
parking meters, the providing of Junim• Chamber of Commerce ad-
free parking lots and the addition vising that they are in favor of the
,{
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• "` " _
I
I
F
-~
18 Regular Session, ~`ebruary 3rd, 1947
movement for a new City-County
Court House and offices, presented
and read. Councilman Thompson
moved that the communication be
received and filed. Seconded by
Councilman Murphy. Cori°ied by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of D u b u q u e
Chamber of Commerce advising
that the Board of Directors have
endorsed the proposal to provide
a combination new City Hall and
Court House, as also a jail, for the
joint use of both the City and
County, presented and read. Coun•
cihnan Murphy moved that the com-
munication be received and filed.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelman.
Nays-None.
Petition of the Sonotone Corpora-
tion advising that they propose to
open a permanent office in Dubuque
for the purpose of conducting their
local sales and service and request-
ing that the City Solicitor be in-
structed to enter into an agreement,
as provided for by Ordinance No.
4.33, whereby the interests of the
City of Dubuque will be protected,
presented and read. Councilman
Mm'phy moved that the petition be
referred to the City Solicitor. Sec-
onded by Councilman Moffatt, Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
Petition of the General Fitzhugh
Lee Auxiliary of the United Span•
ish War Veterans requesting per-
missionfor the holding o£ a tag day
on Saturday, April 26th, 1947, pre-
sented and read.
Councilman Vau Duelman moved
that the request be granted. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Charles J. and Julius
J. Boyer requesting the rezoning of
that part of O'Connm''s Subdivision
that fronts on Southern Avenue in
the 300 black from Two Family
Residence District Classification to
Local Business District Classifica-
tion, presented and read. Council-
man Thompson moved that the pe-
tition be referred to the Planning
and Zoning Commission for their
recommendation and report. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelman.
Nays-None.
Petition of Nick Grommersch re-
questing the vacation of the alley
first west of Muscatine Street from
Putnam Street northerly to its end
at the northeast corner of Lot 1 of
Mineral Lot 346 and stating that in
return for the conveyance of his
proper share of the vacated part
of the alley that he will deed a strip
of land 15 Peet in width to the City
for the extension of Sabula Street
to Burlington Street, presented and
read. Councilman Murphy moved
that the petition be referred to tale
Planning and Zoning Commission
for their recommendation and re-
p o r t. Seconded by Councilmah
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
Petition of Henry Jansen request-
ing arefund in the amount of $25.00
on his Cigarette Permit No. 166 as
he has discontinued business, pre-
sented and read, Councilman Mof-
fatt moved that the request be
granted and the City Auditor in-
structed to draw a ware°ant in the
amount of $25.00 in favor of Henry
Jansen to cover the amount of re-
fund granted on the unexpired por-
tion of his Cigarette Permit No,
166. Seconded by Council Van Duel-
man. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Czizek and Czizek,
By M. H, Czizek, requesting that
there be no further delay in pro-
ceedings with the construction of
the sewer in front of the Albert
Regular Session, F'ebruar~ 3rd; 1947 19
Dolan property located at 2924
Shims Street, presented and read:
Councilman Van Duelman moved
that the petition be referred to the
City Council. Seconded by Council-
man Murphy. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
man Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None,
Communication of Arthur C.
Kauffmanu submitting offer in the
amount of $200.00 for the purchase
of Lot 1 of McCraney's 1st, Addi-
tion and Lots 116, 117, 118 and 119
of Part of Ham's Addition, pre-
se~ted and read. Councilman Mur-
phy moved that the communication
be referred to the City Council to
view the grounds. Seconded by
Councilman Thompson. Carried by
the fallowing vote:
Yeas-Mayor tiVharton, Council•
' men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Leo F. Bly requesting
the rezoning of Lot 1 of Lot 1 of
Lot 1 of Lot 3 of Mineral Lot 63 to
Local Business District Classifica-
tion, presented and read.
Councilman Moffatt moved that
the petition be referred to the
Planning and Zoning Commission
for their recommendation and re•
port. Seconded by Councilman Van
Duelman. Carried by the follorvirig
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Mrs. Ida Murray et al,
residents and property owners in
the vicinity of Kaufmann Avenue,
requesting the extension of bus ser-
vice to this particular vicinity, pre•
sented and read.
Councilman M,'urphy moved that
the petition be referred to the City
Manager to confer with the officials
of the Interstate Power Company.
Seconded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
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 December,
1946, presented and read.
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed, Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Council Proceedings for the
months of September and October,
1946, presented for approval,
Councilman Van Duelman moved
that the Council Proceedings for
the months of September and Octo-
ber, 1946, be approved as printed,
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy; Thompson,
Van Duelman.
Nays-None,
January 21, 1947.
Honorable Mayor and Members of
the City Council, Dubuque, Iowa.
Gentlemen: In regard to the peti-
tion of Catherine S. Lundbeck for
suspension of 1946 taxes on Lot 11
of Cox's Addition to the City of Du-
buque, Iowa, and petition of Mrs.
Jennie Venn for suspension of 1946
taxes on Lot 326, East Dubuque Ad-
dition, Irecommend that said peti-
tions be approved and notice of
such approval by the City Council
be given #o the Board of Super-
visors of Dubuque County.
Yours truly,
JOHN J. KINTZINGER.
Councilman Murphy moved that
the recommendation of City SoIicit-
or Kintzinger be approved and the
Board of Supervisors to be notified
of the action of the City Council.
Seconded by Councilman Moftatt.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
February 3, 1947.
To the Honorable NGayor and
City Council, Dubuque, Iowa.
Gentlemen: This is to advise that
I have approved the following pol-
icy and desire to have your ap-
proval on same for filing:
TAXI-CAB
Telephone Cab Company, 86 Maiu
20 Regular Session, February 3rd, 1947
Street; Policy Ne. 14 P 102482,
American Casualty Co.
Respectfully submitted,
A. A, RHOMBERG,
City Manager.
Councilman Murphy moved that
the bond be approved and placed
on file. Seconded by Councilman
Thompson. Carried by the fallowing
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
January 25, 1947,
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: The Planning a,nd
Zoning Commission of the Gity of
Dubuque respectfully recommends
to your honm'able body the grant-
ing of the attached petition of St.
Clara College, Sinsinawa, Wis„ re-
questing the extension of Ylatt
Street easterly to meet Cardiff
Street.
Yours truly,
THE DUBUQUE PLANNING
AND ZONING COMMISSION.
By Richard V, McKay, Secy.
Councilman Thompson moved
that the reconmiendation of the
Planning and Zoning Commission
be approved and referred to the
City Solicitor to prepare the proper
proceedings. Seconded by Gonncil-
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
January 25, 1947.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: Referring to the at-
tachedpetition of Mr. Carl Riley re-
questing vacation of a part of Platt
Street adjoining his property at the
corner of James and Platt Street.
The Planning and Zoning Commis-
sion respectfully recommends de-
nial of the petition,
Yours truly,
THE DUBUQUE PLANNING
AND ZONING COMMISSION.
By Richard V, McKay, Secy.
Councilman Moffatt moved that
the recommendation of the Plan-
ning and Zoning Commission be ap-
proved. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
January 25, 1947.
To the Honorable Mayor and
City Council, Dubuque, Iowa,
Gentlemen: Regarding the at•
tached petition of J. Burroughs aek-
ing for vacation of, the alley ad-
joining Lots 37 to 41 of Rose Hill
Addition, the Planning and Zoning
Commfssion respectfully recom-
mends granting the petition pro•
vided the written consent of all
abutting property owners is ob-
tained and filed with the Planning
and Zoning Commission,
Yours truly,
THE DUBUQUE PLANNING
AND ZONING COMMISSION.
By Richard V. McKay, Secy,
Councilman Murphy moved that
the recomm~endation of the Plan-
ning and Zoning Commission be ap-
proved. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Dueinran.
Nays-None,
January 25,1947:
To the Honorable Mayor aild
City Council, Dubuque, Iowa.
Gentlemen; Referring to petition
of Herman Kolbe requesting vaca-
tion of City property at the south-
west corner of 32nd Street and
Central Avenue the Planning and
Zoning Commission respectfully
recommends denial of the petition.
To grant it might interfere with the
widening of 32nd Street at some fu-
ture date, The present street is 64
feet wide, while the Master Plan
calls for an eventual width of 84
feet to meet requirements as traffic
increases,
Yours truly,
THE DUBUQUE PLANNING
AND ZONING COMMISSION,
By Richard V. McKay, Secy.
Councilman Van Duelman moved
that the rocemmendation of the
Planning and Zoning Commission
be approved. Seconded by Council=
man Murphy, Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Regular Session, February 3rd, 1947 21
February 3, 1947,
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: We are attaching
hereto application for Class "B"
Beer Permit from William P. Col-
lins to operate at 104fi Central
Avenue.
This is to advise that an inspec•
tion has been made of this building
by the Building, Plumbing an,d
Electrical Inspectors, the Fire
Chief and the Assistant State Fire
Marshall, Mr. Luberden, and it
was found that this building does
not comply with the State fire
regulations in regard to fire es
capes. Therefore an official order
to construct and place a fire escape
on this building has been served
on Mrs. Margaret C. Hussmann,
1113 Vine Street, Waterloo, Iowa,
owner of said building. A time limit
of sixty (60) days has been given
to complote this installatien. On
January 11, 1947 an order was
placed with Holl & Everly of Du-
buque, Iowa, to construct a fire
escape on this building;
Very truly yours,
DONALD J. BANDY,
Building Inspector
PERRY KIRCH,
Fire Chief
Councilman Van Duelman moved
that the communication of the
Building Inspector and Fire Chief
be received and made a matter of
record. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays- Noue.
February 3, 1947
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen: We are attaching
hereto application for Class "G"
Beer Permit from Frank J. Pusa-
teri to operate at 1296 Central
Avenue.
This is to advise that an inspec-
tion has keen made of this building
by the Building, Plumbing and
Electrical Inspectors, the Fire
Chief and the Assistant State Fire
Marshall, Mr. Luberden, and it was
found thz.t this building does not
comply with the State fire regula-
tions iu regard to fire escapes.
Therefore an official order to con-
struct and place a fire escape on
this building has been served neon
Frank J. Pusateri. A time limit of
sixty (60) days has been given
to complote this installation, On
January 22, 1947 an order was
placed with E. J. Voggenthaler
Company of Dubuque, Iowa, to con-
struct afire escape on said build-
ing.
Very truly yours,
DONALD 3, BANDY,
Building Inspector
PERRY KIRCH,
Fire Chief
Councilman Thompson moved
that the communication of the
Building Inspector and the Fire
Chief be received and made a mat-
ter of record. Seconded by Council-
man Van Duelman. Carried by the
following vote:
Yeas-iVlayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays--None.
Resolution No, 8.47
Whereas, the area bounded by
West Third Street, Burch Street
and Hill Street is partly in Multiple
Resident District and partly in two
family Residence District classi-
fications.
Whereas, the Planning and Zon-
ing Commission Recommended to
the City Council that the entire area
bounded by West fihird Street,
Burch Street and Hill Street, be
changed to I1lultiple Residence Dis-
trict Classification, and
Whereas, befm•e the Zoning Map
and Zoning Ordinance of the City
may be changed it is necessary
that. a public hearing he held, and
Whereas, the City deems it ad-
visable to hold such public hear-
ing.
Now, Therefore:
Be It Resolved by the City Coun-
cil of the City of Dubuque
That there should be a public
hearing or, the question of rezon-
ing the entire area bounded by
West Third Street, Burch Street
and Hill Street to "Multiple Resi-
dence .District Classification."
That the time and place fm' said
hearing be and th'e same is hereby
fixed fur 7:30 p.m, the 24th day of
February, 1947 in the City Council
Chamber in the Cfty Hall, Dubuque,
Iowa; that the City Clerk be, and
he is hereby directed to cause to
be published in the Telegraph-Her-
aId in the City of Dubuque, notice
22 Regular Session, February 3rd, 1947
of such hearing, the same to be so adoption of the resolution. Secoud•
published so as to leave at least ed by Councilman Van Duelman.
15 days lletween the day of such Carried uy the following vote:
ublication and the day fixed for Yeas-iVIayor Wharton, Council-
p
said heat°iug, said notice shall con- men Moffatt, Murphy, Thompson,
fain, among others, the provision Van Duelman.
that any and all parties in interest Nays-None.
and any and all citizens shall have Resolution No, 10.47
an opportunity to be heard. Whereas, applications for Beer
Passed, adopted and approved Permits have been submitted to
this Council for approval and the
this 3rd rlay of February, 1947. same have been examined: Now
ALBERT WHARTON,
Mayor Therefore,
fie It Resolved by the Council of
FRANK VAN DUELMAN, the City of Dubuque that the follow-
F, W. THOMPSON, ing applications be granted and the
GEO. R. MURPHY, licenses are to be issued upon the
W. W, MOFFATT, compliance with the terms of the
Councilmen ordinances of this City.
Attest: J. J. SHEA, Class "B" Permit
City Clerk Name Address
Councilman Vau Duelman moved Orville P. Murphy, 435 Central
the adoption of the resolution, Sec-
onded by Councilman Murphy. Car- Avenue.
Louis Anthoine and AgneLta An-
vied by the following vote: 119 West 6th Street.
thoine
Yeas-Mayor Wharton, Council- ,
Lawrence Schwartz, 500 Rhom-
men Moffatt, Murphy, Thompson, berg Avenue.
Van Duelman. Leo Winger, 653 Eighth Avenue.
Nays-None. Dick Ferguson, 310 East 30th
Resolution No. 9.47 Street,
Be It Resolved by the City Coun- Fred H. Cooper and Leo V. Cun-
cil of the City of Dubuque that the ningham, 250 West 6th Street.
following, having complied with the Joseph Hillard and Bernice Hil-
provision of law relating to the sale lard, 481 Rhomberg' Avenue.
of cigarettes within the City of Du- yrilliam P. Collins, 1046 Central
buque, be granted a permit to sell Avenue.
cigarettes and cigarette papers Class "C" Permit
within said City and the Manager Rhea Bournias, 2284 University
is directed to issue such permit on Avenue.
behalf of said City. William Keefe, 2700 Jackson
Name Address
Fred H. Cooper and Leo V. Cun- Street.
Mrs, Milly Kane, 248 Southern
ningham, 250 West 6th Street.
ntral
35 C Avenue.
Pusateri, 1296 Central
Ft°ank J
e
Orville P. Murphy, 4 .
Avenue.
Lawrence Schwartz, 500 Rhom- Avenue.
Passed, adopted and approved
this 3rd day of Febt°uary, 1947,
berg Avenue.
Fraternal Order of Orioles, 1600 ALBERT WHARTON,
Central Avenue.
Be It Further Resolved that the Mayor
FRANK VAN DUELMAN,
bonds filed with the applications be F. W. THOMPSON,
approved. GEO. R. MURPHY,
Passed, adopted and approved IV. W. MOFFATT,
this 3rd day of February, 1947. Councilmen
ALBERT WHARTON, Attest: J. J. SHEA,
Mayor City Clerk
FRANK VAN DUELMAN, Councilman Moffatt moved the
F. W. THOMPSON, adoption of the resolution. Second-
GEO. R. MURPHY, ed by Councilman Murphy. Carried
Vr, W. MOFFATT, by the fallowing vote;
Councilmen Yeas---layor Wharton, Couneil-
Attest:.I, J. SHEA, men &Ioffatt, Murphy, Thompson,
City Clerk Van Duelman.
Councilman 14urphy moved the Nays-None,
Regular Session, February 3rd, 1947 23
Resolution No. 11-47
Whereas, heretofore applications
for Beer Permits were filed by the
within named applicants and they
have received the approval of this
Council; and
Whereas, the premises to be occu-
pied by such applicants have been
inspected and found to comply with
the ordinances of this City and they
have filed a proper bond; Now,
Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed
to issue to the following named ap•
plicants a Beer Pertnit:
CLASS "B" PERMIT
Name. Address.
Harold Chatfield, 2093 Washinb
ton Street.
Orville P. Murphy, 435 Centa'al
Avenue.
Louis Anthoine and Agneila An-
thoine, 119 West 0th Street.
Lawrence Schwartz, 000 Rhom-
berg Avenue,
Leo Winger, 553 Eighth Avenue.
Dick Ferguson, 310 East 30th
Street.
"Fred H. Cooper and Leo V.
Cunningham, 260 West 6th Street.
Joseph Hillard and Bernice Hill-
ard, 431 Rhomberg Avenue.
William P, Collins, 1046 Central
Avenue.
CLASS "C" PERMIT.
Rhea Bournias, 2284 University
Avenue.
William ,Keefe, 2700 Jackson
Street.
Mrs. Milly Kane, 248 Southern
Avenue.
Frank J. Pusateri, 1296 Central
Avenue,
Be It Further Resolved that the
bonds filed by such applicants be
and the same are hereby approved,
Passed, adopted and approved
this 3rd day of February, 1947.
ALBERT WHARTON,
Mayor.
FRANK VAN DUELMAN,
F, W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Gounci_Imon,
Attest: J. J. SHEA,
City Clerk.
Councilman Van Duelman moved
the adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the folowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Murphy moved that
City Manager Rhomberg be in-
structed to confer with the Aviation
Committee of the Chamber of Conr
coerce to the end that the City of
Dubuque be provided with through
Transcontinental Air Service and
that the proper officials of the Civil
Aeronautics Board be contacted iu
furthering this project. Seconded
by Councilman Vau Duelman. Car-
ried by the fallowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
There being no further business,
Mayor Wharton moved io adjourn.
Seconded by Councilnrau Thomp-
son, Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ................................... 1947
Adopted ........................,..........., 1947
Councilmen: d ....................................
Attest : ............................................
City Clerk.
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24 Special Session, February 24th, 1947
®,
~1~i',~ ~~~!~)'~~iVJ!~
(Official)
Special Session, February 24th,
1947.
Council met at 7:30 P. M.
P r e s e n t-Councilmen Moffatt,
Murphy, Thompson, Van Duelman.
Absent-Mayor Wharton, City
Manager Rhomberg.
Meeting called by order of Coun-
cilmen Van Duelman and Thomp-
son.
Councilman Thompson move d
that Councilman Moffatt be ap•
pointed Mayor Piro Tem of the
Council meeting. Seconded by Coun-
cilman Murphy, Carried by the fol-
lowing vote:
Yeas-Councilmen Murphy ,
Thompson, Van Duelman.
Nays-None,
Absent-Mayor Wharton.
Councilman Moffatt not voting.
NPayor Pro Tem Moffatt read the
call and stated that service thereof
had been duly made and that this
meeting is called for the purpose of
conducting a public hearing upon
the question of rezoning the enure
area bounded by West Third
Street, Burch Street and Hill Street
to Multiple Residence District Clas-
sification and acting on any otter
business as may properly come be•
fore a regular meeting of the City
Council.
Proof of publication, certifted to
by the publishers, of notice of a
public hearing upon the question of
rezoning the entire area bounded
by West Third Street, Burch Street
and Hill Street to Multiple Resi-
dence District Classification, pre•
seated and read. No written remon-
strance filed and no objectors pres-
ent in the Council Chamber at the
time set for said public hearing.
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Ordinance No. 5.47
An Ordinance amending and
changing the Zoning Map of the
City of Dubuque as provided by
Ordinance No, 3.34 designated
"Zoning Ordinance of the City of
Dubuque" so as to classify the en-
tire area bounded by West Third
Street, Burch Street and Hill Street
into Multiple Residence District
Classification, presented and read.
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the
ordinance. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None, -
Absent-Mayor Wharton.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Councilman Van Duelman moved
that the ordinance be placed on file
with the City Clerk for public in-
spection for at east one week be-
fore its final adoption. Seconded by
Councilman Thompson. Carried by
the following vote:.
Yeas-Mayor Pro Tem Moffatt,
Councilmen Mm•phy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Notice of Claim of Eldon B. Dig-
man in the amount of $12.00 for
damages to his car caused by a city
grader while removing heavy
chunks of packed snow from the
street on Bluff Street between Sev-
enth and Eighth Streets, preserved
and read.
Councilman Murphy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Special Session; February 24th, 1947 2~
Communication of O'Connor,
Thomas & O'Connor, by E. Mars-
hall Tl~'omas, advising that they
represent J. Edward Walbrun and
that on behalf of Mr. Walbrun they
are making claim against the City
of Dubuque, Iowa, in the sum of
$5,000.00 as a result of drinking
water from a pipe, which was neg-
ligently connected by employees of
the City of Dubuque with a sewer
main rather than a water main,
while he was working on a new
housing project off Lombard Street,
presented and read. Councilman
Murphy moved that the communic-
tion be referred to the City Solici-
tor for investigation and 'report,
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas-Mayor Pro- Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton.
Communication of Anton Zwack,
lac., by Anton Zwack, Pres., sub-
mitting .offer in the amount of
$200.00 for the purchase of Lot 34
in Taylor & Cooley's Subdivision,
presented and read. Councilman
Thompson moved that the com-
munication be referred to the Coun-
cil to view the grounds, Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton,
Petition of Mr, and Mrs. Carl
Scheufele requesting that grades
be established on Esther and Tres-
sa Streets, presented and read.
. Councilman Murphy moved that the
petition be referred to the Council
to view the grounds. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Mm•phy, Thompson,
Van Duelman.
Nays-None.
Absent-Maya Wharton.
Petition of Horace L, Poole, re•
questing that grades be established
on Esther .and Tressa Streets, pre-
. seated and read. Councflman
Thompson moved that the petition
be referred to the Council to view
the grounds, Seconded by Council•
man Van Duelman. Carried by the
following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton.
Petition of Cecelia Ellis et al re-
questing the rezoning of the half
block on the easterly side of Finley
Street between Cherry Street and
University Avenue from single fam-
ily residence district classification
to two family residence district
classification, presented and read.
Councilman Thompson moved
that the petition be referred to the
Planning and Zoning Commission
for their recommendatien and re-
port. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Pro Tem Moffat,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None.
Absent-Mayor Wharton,
Petition of Mrs. Emery Cadden et
al requesting the installation of a
street light on the corner of West
Fifth and Roberts Streets, present-
ed and read.
Councilman Murphy moved that
the petition be referred to the Coun-
cil to view the grounds. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Petition of Fred H. Cooper and
Chris Martin requesting a refund in
the amount of $50.00 on their Class
"B" Beer Permit No. 45, and also
requesting a refund in the amount
of $25.00 on their Cigarette Permit
No. 167, as they have discontinued
business on February 3, 1947, pre-
sented and read.
Councilman Van Duelman moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $50.00 in
favor of Fred H. Cooper and Chris
Martin to cover the amount of re-
fund granted on the unexpired por-
tion of their Class "B" Beer Per-
mit No. 45, and also that the City
26 Special Session, February 24th, 1947
Auditor be instructed to draw a
warrant in the amount of $25.00 in
favor of Fred H. Cooper and Chris
Martin to cover the amount of re-
fund granted ou the unexpired por-
tion of their Cigarette Permit No,
1G7. Seconded by Councilman Mur•
phy. Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton,
Petition of Richard Waller re-
questing arefund in the amount of
$25.00 on his Cigarette Permit No:
40 as he has discontinued business
on February 3, 1947, presented and
read.
Councilman Van Duelman moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $25.00
iu favm• of Richard Waller to cover
the amount of refund granted on
the unexpired portion of his Cigar-
ette Permit No. 40. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None.
Absent-Mayor Wharton.
Petition of Hubert Galle and Ar-
thur J. Spahn requesting a refund
in the amount of $25A0 on their
Cigarette Permit No. 120 as they
have discontinued business on Jan-
uary 29, 1947, presented and read.
Councilman Thompson moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $25.00 in
favor of Hubert Galle and Arthur J.
Spahn to cover the amount of re-
fund granted on the unexpired por
tion of their Cigarette Permit No.
120. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton.
Petition of Grey's Motor Service,
by Vincent Kobida; requesting an
extension of time until March 16,
1947, for the completion of the con-
tract fm• the clearing, grubbing and
grading of Wooten Street from Mc-
Clain Street to the west line of
James Street, presented and read.
Councilman Murphy moved that.
the petition be received and filed.
Seconded by Councilman Van Duel-
man. Carried by the following
vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
A RESOLUTION EXTENDING
TIME TO CONTRACTOR.
Resolution No. 12-47
Whereas, on the 23rd day of Jan-
uary, A. D. 1947, a contract was
made and entered into by and be-
tween Vincent Kobida d/b/a Grey's
Motor Service and the City of Du-
buque, Iowa, whereby said Vincent
Ifobida d/b/a Grey's Motor Service
contracted and agreed to do the fol-
lowing woi°k in said City, to-wit:
To clear, grub and grade Wooten
Street from McClain Street to the
west line of James Street and Pea-
body Street, and
Whereas said contractor has
been unable to complete said work
by the 22nd day of February, A. D,
1947, the time fixed for such com-
pletion by said contract; and
Whereas it appears to this Coun-
cil to be necessary to give said
contractor additional time to com-
plete said work:
Now therefore, be it resolved by
the City Council of the City of Du-
buque, Iowa, that said Vincent Ko-
bida d/b/a Grey's Motor Service,
the above named contractor be and
he is hereby granted until the 16th
day of March, A. D, 1947, in which
to complete said work, this exten-
sion of time being conditioned that
said contractor shall and will ad-
here to said contract, and that said
contractor shall within seven (7)'
days from the date of passage of
this resolution, accept in writing
the terms and conditions hereof on
his part.
Passed, adopted and approved
this 24th day of February, 1947.
Approved:
W. W. MOFFATT,
Mayor Pro Tem.
!FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
Councilmen,
Attest: J, J. SHEA,
City Clerk,
Special Session; February 24th, 1947 27
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Vau Duel-
man. Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Councilman Murphy moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None.
Absent-Maym• Wharton,
Petition of Marjorie G. Morrow
and Hazel A, Schwartz requesting
a refund in the amount of $25.00
on their Cigarette Permit 185 as
they have discontinued business on
February 9, 1947, presented and
read.
Councilman Van Duelman moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $25.00 in
favor of Marjorie G, Morrow and
Hazel A. Schwartz to cover the
amount of refund granted on the
unexpired portion of their Cigar-
ette Permit No, 185. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton,
Before the Civil Aeronautics Board
in the Matter of the Applications
of Automatic Airmail, Inc., Docket
No. 415, for permanent certificates
of public convenience and necessity
under Section 401 of the Civil
Aeronautics Act of 1938. Petition of
City of Dubuque and the Dubuque
Chamber of Commerce for leave to
intervene in support of the proposal
of Mid-Continent Airlines, Inc., in
the rehearing, reargument, or ra
consideration of the Board's find-
ings in the North Central Case, pur-
suant to Rule 4 (b) of Section 285.1,
Rules of Practice under Title IV of
the Civil Aeronautics Act.
Councilman Murphy moved that
Mayor Wharton be authorized to
execute said petition on behalf of
the City of Dubuque, Iowa. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilman Murphy, Thompson,
Van Duelman.
Nays-None,
Absent-Mayor Wharton,
Transmission Line Easement be-
tween the City of Dubuque and the
Interstate Power Company, a Dela-
ware Corporation, granting said
Corporation, its sucessors and as-
signs, forever, the right, privilege
and authority to construct, operate,
maintain and remove lines for the
transmission of electric energy, in-
cluding necessary poles, wires,
guys, stubs and other fixtures, over,
across and upon real estate owned
by the City of Dubuque and located
in the County of Dubuque, State of
Iowa, presented and read.
Councilman Murphy moved that
the Transmission Line Easement
be referred to the City Manager
and City Solicitor for their re~om-
mendation and report. Seconded by
Councilman Thomson. Carried by
the following vote;
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman;
Nays-None.
Absent-Mayor Wharton.
Petition of Earle J. Sowle, owner
of Lots 99 to 106, inclusive, hr Mc•
Daniel's Park Hill Addition, re-
questing the vacation of that part
of National Street which extends
120 feet into this Addition from
Keokuk Street, presented and read,
Councilman Van Duelman moved
that the petition be referred to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Councilman Mur
phy. Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None,
Absent-Mayor Wharton.
Proof of publication, certified to
by the publishers, of a statement
of receipts and also a list of claims
for which warrants were drawn dur-
ing the month of January, 1947, pre-
sented and read.
;
- 't
- ;
28 Special Session, February 24th, 197
Councilman Murphy moved that
the proof of publication be received
and filed. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing vote:
Yeas-Mayor Piro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Council Proceedings for the month
of November, 1946, presented for
approval.
Councilman Van Duelman moved
that the Council Proceedings for
the month of November, 1946, be
approved as printed. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman,
Nays-None.
Absent-Mayor Wharton,
Ordinance No. 6-47: An Ordi-
nance providing for the vacation of
part of Booth Street nor°th of Mar-
tha Street next adjoining Lot 1 of
1, Lot 1 of 1 of 2 and Lot 1 of 2 of
2, Trenk's Sub., and for the convey-
ance of parts of said street to the
respective abutting owners, pre-
sented and read.
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the ordi-
nance. Seconded by Councilman
Mw'phy. Carried by the following
vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-Nome.
Absent-Mayor Wharton.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be -read on
three separate days. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Councilman Van Duelman moved
that the ordinance be placed on file
with the City Clerk for public iil-
spection for at least one week be-
fore its final adoption. Seconded by
Councilman Thompson. Carried by
'the following vote:
Yeas-Mayor Pro _Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton,
February 15, 1947.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: I herewith submit re-
ports of the City Auditor, City
Treasurer, City Health Department
and City Water Department for the
month of January, 1947, also list of
claims and list of payrolls for
which warrants were issued for the
month of January, 1947.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Thompson move d
that the reports be received and
placed on file, Seconded by Council-
man Murphy, Carried by the follow
ing vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Mr. Edgar Dykeman addressed
the Council requesting permission
to lease Lot 319, Ham's Addition,
owned by the City of Dubuque, and
located at-the corner of Hawthorne
Street and Rhomberg Avenuo.
Councilman Thompson move d
that the verbal request of Mr. Dyke-
man be referred to the Council to
view the grounds. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None,
Absent-Mayor Wharton,
Resolution No. 13-117
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
fallowing, 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 cigarette papers
within said City and the Manager is
directed to issue such permit on
behalf of said City.
Name Address
Frank Klein and Anna Klein, 600
Central Avenue.
Russell Kissling, 1585 Delhi
Street,
Special Session, February 24th, 1947 29
Be It Further Resolved that the
bonds filed with the applications be
approved,
Passed, adopted and approved
this 24th day of February, 1947.
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen..
Attest: J. J. SHEA,
City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec-
onded by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Resolution No. 14-17
Whereas, application for Glass
"C" Beer Permit has been sub-
mitted to this Council for approval
and the same has been examined;
Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the fol-
lowing application be granted and
the license is to be issued upon the
compliance with the terms of the
or°dinances of this City:
CLASS "C" PERMIT.
Name Address
Wm. H. Apel, 2616 Windsor
Avenue.
Passed, adopted and approved
this 24th day of February, 1947.
FRANK VAN DUELMAN,
GEO. R. MURPHY,
F. W, THOMPSON,
W. W, MOFFATT,
Councilmen,
Attest: J. J. SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Pr'o Tem Moffatt,
Councilmen Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Wharton.
Resolution No, 15.47
has received the approval of this
Council; and
Whereas, the Premises to be oo•
cupied by said applicant have been
inspected and found to comply with
the ordinances of this City and he
has filed a proper bond; therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man•
ager be and he is hereby directed
to issue to the following named ap-
plicant aBeer Permit:
CLASS "C" PERMIT,
Name Address
Wm. H. Apel, 2616 Windsor
Avenue.
Be It Further Resolved that the
bond filed by said applicant be and
the same is hereby approved:
Passed, adopted and approved
this 24th day of February, 1947.
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MO'FFATT,
Councilmen,
Attest: J. J, SHEA,
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Pro Tem Moffatt,
Councilmen .Murphy, Thompson,
Van Duelman.
Nays-None.
Absent-Mayor Whartou.
Mayor Wharton entered the
Council Chamber and took the
Mayor's chair at 8:30 P. M.
Councilman Moffatt moved that
in view of the report of the City
Solicitor that the Statute does not
provide for the City Council to regu-
late time, no action will be taken
by the City Council regarding Day-
light Savings Time until such auth-
m'ity is given tc the City by the
Legislature, Seconded by Council•
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Whereas, heretofore applications There being no further business,
for Class "C" Permit was filed by Councilman Van Duelman moved to
the within named applicant and it adjourn, Seconded by Councilman
_ _ __
30 Special Session, February 24th, 1947
Moffatt, Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
J. J. SHEA,
City Clerk.
Approved ................................1947.
Adapted ...................................... 1947
Councilmen: ~ .....................................
Attest :................................................
City Clerk,