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1947 April Council ProceedingsRegular Session, April 7th, 1941 77 ®n ~ ~,~ `L ~~ ii;~~~~'~ (OFFICIAL) Regular Session, April 7th, 1947. Council met at 7:30 P. M. Present-Mayor Wharton, Coun- cilmen -4ffatt, Murphy, Thompson, Van Duelman, City Manager P~honr• berg. Mayor Wharton stated that this is the regular monthly meeting of the City Council, also the first meeting of the fiscal year, for the transaction of such business as may properly come before the meeting. City Clerk J. J. Shea swore in Messrs F. W. Thompson, Frank Van Duelman and Albert Wharton as Councilmen for the term com- mencing the first Monday in April, 1x47. Councilman Thompson moved that Councihnau Murphy be elected Mayor for the ensuing fiscal year. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Wharton, Gouncil• men Moffatt, Thompson, Van Duel• man. Nays--None. Councilman Murphy not voting. City Clerk J. J. Shea then swore in the new Mayor, whereupon Mayor Murphy took the Mayor's chair. Resolution No. 34.47 A resolution providing for the appointment of ol$eers of the City of Dubuque; prescribing their salaries and fixing their bonds. Be It Resolved by the City Coun- cil of the City oP Dubuque that the following officers be appointed, subject, however, to the right of the Council to declare such offices vacant or remove the officers there- from at the pleasure of the Council with or without cause, and to be paid the compensation provided Por in the budget, and the following bands shall be provided by such officers at the expense of the in- dividual officer; City Manager, A. A, Rhomberg, bond $5,000.00; City Solicitor, John J. Kintzinger, bond $1,000.00; City Clerk, J. J. Shea, bond $1,000.00; Police Judge, John C. Oberhausen, bond $1,000.00; City Assessor, Harry J. Hanover, bond $500.00. Passed, adopted and approved this 7th day of April, 1947. GEORGE R. MURPHY Mayor FRANK VAN DUELMAN F. W. THClI'IPSON W. ~J. MOFFATT ALBERT WHARTON Councilmen Attest: J. J. SHEA City Clerk Councilman ban Duelman moved the adoption of the resolution. Seconded by Councilman Thomp- son, Carried by the following vote: Yeas-Mayor iVIurphy, Council- men Moffatt, Thompson, Van Duel• man, Wharton, Nays--Nerve. Mayor Murphy then swore in the newly appointed officers, A. A. Rhomberg, City Manager, John J. Kintzinger, City Solicitor, J. J. Shea, City Clerk and Harry J, Han- over, City Assessor. April 7, 194? To the Honorable Mayor and City Council Dubuque, Iowa Gentlemen: As City Manager of the Gity of Dubuque, the undersigned begs to advise your Honorable Body that all officers and employees whom he has the power to appoint, who are now serving and acting in their respective capacities and assisting in the orderly administration of the City and of the various depart- ments thereof, said officers and employees being under my super- vision, direction and control and their appointments continuing at the pleasure of the Manager, shall be paid salaries in accordance with the budget approved by the City Council. Respectifully submitted, A. A. RHOMBERG, City Manager, Councilman Van Duelman moved that the communication of City Manager Rhmnberg be received and made a matter of record. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Counoil• men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. 78 Regular Session, April 7th, 1947 Resolution No. 35.47 A resolution selecting the oicial newspaper of the City of Dubuque. Be It Resolved by the City Coun• cif of the City of Dubuque that the Telegraph•IIerald, a daily news- paper of general circulation in the City of Dubuque, be and it is here- by designated and appointed the official newspaper of said City, Passed, adopted, and approved this 7th day of April, 1942 GEORGE R. MURPHY Mayor FRANK VAN DUELMAN F. W. THCMPSON W. W. MOFFATT ALBEP~T WHARTON Councilmen Attest: J, J. SHEA City Clerk Couucilman Moffatt moved the adoption of the resolution, Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Couucilman Vau Duelman moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nay s-None. Commm~ication of Thos, Hiil sub- mitting application for appointment as a member of the Board of Re- view, presented and read. Council- man Thompson moved that the comnruuication be received and filed. Seconded by Councilman Mof- fat. Carried by the following vote: Yeas-Mayor Murphy, Council- mau Moffatt, Thompson, Van Duel- man, Wharton, Nays--None. Resolution No. 37.47. Resolution appointing the Board of Review and fixing the compen- sation of the members thereof. Be It Resolved by the City Coun- cil of the City of Dubuque that the following named persons be ap- pointed the Board of Review of the City of Dubuque for the year 1947: Resolution No. 36.47 A resolution designating the de- positm•ies for public funds of the City of Dubuque. Be It Resolved by the City Coun- cil of the City of Dubuque that the following backs be appointed de- positories of the public funds, and the City Treasurer is hereby auth- orized to distribute such fwtds in such banks in amounts not to ex- ceed the following: First National Bank, $275,000.00; American Trust and Savings Bank, $250,000.00; Du- buque Bank and Trust Company, $226,000.00. Be It Further Resolved that the City Treasw•er be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa, a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 7th da,y of April, 1947. GEORGE R. MTJRPHY Nfayor FRANK VAN DUELMAN F. W. THOMPSON W. W. MOPFATT ALBERT WHARTON Councilmen Attest: J, J. SHEA, City Clerk CARL ZIEPPRECHT GEORGE POIiL THOS, J. HILL Be It Further Resolved that each of the above named members of said Board of Review be paid the sum of $200.00 in full compensation of all services to i)e rendered by them in the performance of their duties, said sutn to be paid from the Consolidated Fund. Passed, adapted and approved this 'lth day of April, 1947. GEORGE R. MURPHY Mayor FRANK VAN DUELMAN F. W. THOMPSON w. W. n1GFFATT ALBERT 1VHARTON Councilmen Attest: J. ,T. SHEA City Clerk Councilman Van Duelman moved the adoption of the resolution, Sec- onded by Couucilman Wharton. Carried by the following vote; Yeas-Mayor Murphy, Council- man Moffatt, Thompson, Van Duel• mom, Wharton. Nays-None. Regular Session, April 7th, 1947 79 Councilman Thompson moved that the rules be suspended for i.he purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murphy, Council- man Moffatt, Thatnpson, Van Duel- man, Wharton, Nays--None. Mr. H. W. Parker et al, residents and property owners on West Sixteeuth Street, addressed. the Cotmcil requesting that sewer and water mains be constructed in West Sixteenth Street to serve their property. Councilmau Van lluelman moved that the verbal request of Mr. H. YV. Parker et al asking that sewer and water mains be constructed in West. Sixteeuth Street be referred to the Council to view the grounds, Seconded by Councilmau Moffatt, Carried by the following vote: Yeas-Mayor Murphy, Council• then Moffatt, Thompson, Van Duel- man, Wharton, Nays--None. Messrs Gecrge Helling and Harry Hutt addressed the Council in re- gard to acquiring City owned property on South Locust Street for the purpose of erecting a build- ing for atuusement purposes. Coun• cil advised Mr. Helling and Mr. Hutt to confer with City Manager Rhontberg for the purpose of sub- mitting their proposal for the acquiring of the City owned prop- erty on South Locust Street. Hughes Oil Company representa- tive addressed the Council in re- gard to the decision of the Council upon their verbal request submitted asking for permission to erect two additional 16,000 barrel tanks at their River Terminal Plant, Coun- cilntan YVharton moved that the verbal request of the Hughes Oil Company, for petniission to erect two additional 15,000 barrel tanlns at their River Terminal Plant, be granted, with the provision that at no time will there be stored in excess of the present capacity, namely, 2,000,000 gallons cf gaso- inte on the premises and the Build- ing Commissioner instructed ac- cordingly. Seconded by Councilman Moffatt. Carried by the following vote`. "eas-Mayor Murphy, Council- men Moffatt, Thompson, '1°~® ..N~ys ~ Cf~~ei~ V B~® Gmmm~nication of D u b u q u e Junior Chamber of Commerce stat- ing that in order to cot-rect an erroneous impression that has re- sulted from certain publicity rela- tive to the recent daylight saving's time poll conducted by the Junior Chamber of Commerce, that they wish to advise that the organiza• tion conducted an impartial fn• qury and neither advocated adop- tion of or rejection of the plan and that the activities of any indivdual, not a member of the Junor Cham- ber, inconsistent with this motive was without sanction of the officers, presented and read. Councilman Wharton moved that the communi- cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Communication of Perfection Oil Cmnpany in regard to the appiica• tion of the Hughes Oil Company who have applied for permission to erect at their terminal at Dubuque additional storage capacity for handling addittonai lines of fuel oil, presented and read. Councilman Wharton moved that the cotntnuni• cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas--Mayor Murphy, Council• men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Communication of Rainbo Oil Company in regard to the applica- tion of the Hughes Oil Company for permission to install additional tanks a-t their local river terminal, presented and read. Councilman Wharton moved that the communi• cation be received and filed. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas--Mayor. Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. ''J !<~ 80 Regular Session, April 7th, 1947 April 3, 1947 Mr. A. A. Rhomberg, City Mana- ger City of Dubuque llubuque, Iowa Dear Mr, Rhomberg: This company, on oi' aboitt Jan- uaay 3rd, 1947, issued a Surety Contract Bond on behalf of Vincent Kobida d/b/a Grey's Motor Service, 1335 IIniversity Avenue, Dubuque, Iowa, running to the City of Du- buque, Iowa in the amount of $10,- 728.66, contract in the amount of $14,304.88, covering the construc- tion of clearing, grubbing and grad- kng of Wooten Street, McClain Street to west line of James Street and Peabody Street. We hereby consent to the con- signment of the above captioned fond and contract to Charles J. Wilson and Co., 7601 South Wenb worth Avenue, Chicago, Illinois, Our bond in this instance remains n full force and effect and is valid in every respect. Very truly yours, Ellis P. Schmidt, Manager. Councilman Moffatt moved that the communication be received and made a matter of record. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Conmiunication of Laymen's Na• tional Committee, by Rear Admiral Belknap, asking that the City of Dubuque join in the observance of National Sunday Schaal Week of April 14th to 20th, inclusive, pre-~ sented and .read. Councilman Whar• ton moved that the communication be referred to the Mayor. Second- ed by Council man Thompson. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None, Communication of Continental Casualty Company enclosing Certi- ficate of Compliance showing that the Continental Casualty Company las qualified for the transaction of Fidelity and Surety business in the State of Iowa for the year ending March 31, 1948, presented and read, Oauncilman Wharton moved that the communication and Certificate of Compliance be received and placed on file. Seconded by Coun- cilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, Communication ~of New York Casualty Company submitting for filing the Power of Attorney autlror- izing the execution of certain bonds and undertakings on behalf of the Company when signed by C. H. Sanner or M, P, Hogan, as Attorney in Fact, presented and read. Councilman Thompson moved that the communication and Power of Attorney be received sand placed on file, Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Murply, Counci]• men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Notice of Claim of Adolph Heitz• man ir. the amount of $b0,00 for injuries sustained in a fall on a defective brick sidewalk partly covered with ice at 1805 Madison Street, presented and read, Coun- cilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report, Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Notice of Claim of George Hutter in the amount o~f $22.00 for in- juries sustained and damage to merchandise in a fall on the ice on Woodworth Street, presented and read. Councilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Sec- onded by Councilman Wharton, Carried by the following vote: Yeas-Mayon Mm•phy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Notice of Claim of Catherine Holz in the amount of $3,000,00 for injuries sustained iu a fall on icy sidewalk on the north side of 26th Regular Session, April 7th, 1947 31 Street and easterly of the alley between Jackson and Washington Struts, at the Southwest corner where the alley and 25th Street intersects, presented and read. Coumcihnam MoBatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Councilman Thompson. Carried by the follow- ing' vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. Notice of Claim of Harold J. Houy, Father and next friend o~f minor and Individually, in the ~amcunt of $750.00 for injuries sus- tained by. his daughter, June Anna Houy, in a fall on an icy depression in the sidewalk about 150 Yeet south of the intersection of Rock and Spruce Streets, presented and read. Councilman Wharton moved that the Notice of Claim be re- Yerred to the City Solicitor for investigation and report. Seconded by Councilman Moffatt, Curried by the follotiving vote: Peas-Niayor Murphy, Council- men Moffatt, Thompson, Van Duel- m~an, Wharton, Nays-None, Notice of Claim of Henrietta Blades in an unstated amount for fnjuries sustained in a fall on an icy sidewalk on Paul Street be- tween Lowe 11 and Seminary Streets, presented and read. Coun• oilman Thompson moved that the Notice of Claim be referred to the City Solicitor for investigation and repm't. Seconded by Council- man Wharton. Carried by the fol- lots~isrg vote: Peas-Mayor Murply, Council- men 14loffatt, Tlompson, Van Duel- m~an, Wharton. Nays-None, Petition of Charles G. Jochum requesting permission to erect a General Trrnber Service, Inc., pre- fabricated house in the 1800 block on Garfield Avenue, presented and read. Gouucilman Moffatt moved that the request be granted. Sec- onded by Councilman Wlarton. Carried by the following vote: Peas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None, Communication of Mary Agard Tent D.U,V. requesting permission for the holding of a Flag Tag Day on Saturday, June 14, 1947, pre- sented and read. Councilman Mof- fatt moved that the request be granted. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Murphy, Council- men iVloffatt, Thompson, Van Duel- man, Wharton, Nays-None. Petition of Arthur C, Hoskins requesting the City Council to authorize that a grade be estab- lished in the alley in the rear of his property located at 2421 Roose- velt Street, Lot 4 of Jansen Sub. 3, presented and read. Councilman Wharton moved that the request be granted and the City Manager instructed to have a grade pre- pared. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Petition of Jacob Hedrick re- questing arefund in the amount of $20.00 on his ,'Cigarette Permit No. 17 ~as he has discontinued business on March 31, 1947, pre- sented and read. Councilanan 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 Jacob Hedrick to cover the amount of refund granted on the unexpired .portion of his Cigarette Permit No. 17. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None, Petition of Herman Reinker re- questing arefund in the amount of $25.00 ou his Cigarette Permit No. 77 gas he has discontinued busi- ness on March 27, 1947, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a. warrant in the amount of $25.00 in favor of Herman Reinker to cover the amount of refund granted on the unexpired portion Regular Session, April 7th, 1947 83 of his Cigarette Permit No, 77, Seconded by Councilman Wharton. Carried by rthe followiug vote: Yeas-Mayor Murphy, Couneil- men Moffatt, Thompson, Van Duel• man, Wharton. Nays-None. Petition of Wm, F. Barrington and Clifford Calvert requesting a refund in the amount of $25.00 on their Cigarette Permit No. 206 as they have dissolved partnership on March 27, 1947, presented and read. Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a warrant iu the amount of $25.00 in favor of Wm. F, Barring ton and Clifford Calvert to Dover the amount of refund grouted on the unexpired portion of their Cigarette Permit Ne. 206. Seconded by Councilman Moffatt, Carried by the following vote: Yeas-Mayor Murphy, Couneil- men Moffatt, Thompson, Van Duel- uian, Wharton. Nays--None. Petition of William Kenyon et al requesting that a street light be installed at the intersection of Mar- quette Place, Hem~y and Queen Streets, presented and read. Councilman Thompson moved that the petition be referred to the City Council to view the grounds, Seconded by Councilman Moffatt. Carried by the following vote: Yoas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel- ntan, Wharton. Nays-None. Communication of Dubuque Pack- ing Company in t•egard to the va- catibn of streets and alleys in the vicinity of Sixtoenth Street and outlining certain terms and condi• tions iu the excitauge of property, presented and road. Councilman Wharton moved that the comtnunieation be referred. to the City Council to view the grounds. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council• then Moffatt, Thompson, Van Duel- mah, Whartom ' Nays-None. Ordinance No. 11.47 An Ordinance amending Ordin- ance No, 1-39, being '~An Ordinance regulating the use of vehicles upon the streets of the City of Dubuque; designating the provisions hereof as the "Traffic Code" of said City; repealing all Ordinances or parts of Ordinances in conflict herewith," by repealing (d) "Rule 108" Para• graph 736, Section 1, and enacting a substitute therefor, said ordin• once having been passed upon first reading- ou March 28th, 1947 and ordered placed on file with the Gi~ty Clerk far public inspection for at Ieast one week before its final adoption, was presented for final adoption, Ordinance No, 11.47 An ordinance amending Ordi- nance No. 1.39, being "An Ordi- nonce regulating the use of vehi• Iles upon the streets Hof the, City of Dubuque; designating the pro- visions hereof as the "Traffic Cade" of said City; repealing all Ordi~ nances or parts of Ordinances in conflict herewith," by repealing (d) "Rulo 108" l~a~ragraph 736, Section 1, and enacting a substitute therefor. Naw, therefore, Be It Ordained By The City Council Of The City Of Dubuque: Sec. 1 That (d) Rule 108, Para• graph 736, Section 1 of Ordinance No. 1.39 be, and the same is hereby repealed, and the following is en- acted in lieu thereof. "(d) Rule 103. Vehicles shall not be parked between the hours of 9:00 A.M, and 6:00 P.M., Sundays and public holidays excluded, for a longer period of time than here- inafter designated. 1. For longer than one hour upon the following streets: a, Both sides of Main Street from Fourth Street to Fifth Street, and froth Tenth Street to Lcras Boulevard. b. Both sides of Iowa Street, from Fourth Street to Loras Boule• vard. c. Both sides oaf hocust Stre®t, from Fourth Street to Fifth Street; from Fifth Street to Seventh Street on the west side thereof, and from Ninth Street to Tenth Street on the West Side thereof, both sides of Locust from 10th Street to 12th Street. d. Bath sides of Fifth Street, from Locust Street to Iowa Street whore there are no parking meters. e. Both sides of Sixth Street from Bluff Street to Locust. f, Bath sides of Seventh Street, ftwm Bluff Street to Locust Street, and Iowa Street to Central Avenue. g. Both sides of Eighth Avenue, frmu Bluff Street to Locust Street and from Iowa Street to Central Avenue, h, Both sides of Ninth Street, from Bluff Street to Locust Street and from Iowa Street to Central Avenue. i. Both sides of Tenth Street, from Locust Street to Iowa Street where there are no parking meters. j. Both sides of Eleventh Street, from Locust Street to Iowa Street. Provided that such streets or portions thereof above designated shall first be marked by proper signs erected at intervals with the words "One Hour Parking 9:00 A,M, to 6:00 P,M.," thereon. 2. For longer than two hours upon the followiug• Streets. a. Both sides of Bluff Street, from Inourth Street to Twelfth Street. b. Both sides of Central Avenue from Fourth Street to Twenty- Fourth Street. e. Both sides of Fourth Street, from Bluff Street to Central Ave• nue. d. Both sides of Fifth Street, from Bluff Street to Locust Street from Iowa Street to Central Avenue, e. Both sides of Sixth Street, from Iowa Street to Central Avenue. f. Both sides of Tenth Street from Bluff Street to Locust. Street; from Iowa Street to Central Avenue. g, Bath sides of Eleventh Street from Bluff Street to Locust; from Iowa Street to Central Avenue. h, Bath sides of Twelfth Street ft~am Bluff Street to Central Ave- nue. Provided that such streets or portions thereof above designaated shall first be marked by proper signs erected at intervals with the words. "Two Hour Parking, 9:00 A.NI, to 6:00 P.M.," thereon. Sec. 2. The Chief of Police may issue to any person a special per- mit to park a vehicle on Iowa Street or Central Avenue between Eleventh .and Thirteenth Streets Duly for the purpose of selling produce upon the public market and upon such conditions as the chief shall prescribe. Such permit shall be either in the possession of the operator or on the vehicle at the time the vehicle is so parked, It shall be unlawful for any owner or operator to violate any of the special terms cr oon- ditions thereof and upon convic- tion shall be fined no± exceeding X100.00 .and casts, and in default of the payment of such fine shall be imprisoned not exceeding thirty days in jail. Sec. 3. Any or all ordinances, or parts, thereof, in conflict herewith are hereby repealed. Sec. 4. This ordinance shall be in force and effect from and after its final passage, adoption and ap• pnoval by the Cfty Council, and publication as provided by law, Passed upon first reading March 28th, 1947, Passed, adopted and appnoved upon final reading this 7th day of April, 1947, GEORGE R. MURPHY Mayor FRANK VAN DUELMAN F. W. THOMPSON W. W. MOFFATT ALBERT WHARTON Councilmen, Attest: J.J. SHEA City Clerk, Published ofdcfally in The Tele• graph-Herald newspaper this 9th day of April, 1947, J.J. Shea., City Clerk. Councilman Thompson moved the adoption of the ordinance. Second• ed by Councilman Wharton. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. :~ i 84 Regular Session, April 7th, 1947 April 2, 1947. Honorable Mayor and City Council, City of Dubuque, Iowa, Gentlemen: In re; PETITION OF MRS. MARY HIER For suspen- sion of taxes on: North Half, Lot 374, Davis Farm Addition. From my investigation, I recom- mend the petition be approved and that notification of the approval by the City Council be given to the Board of Supervisors of Dubuque County, Iowa. Yours truly, JOHN J. KINTZINGER, City Solicitor Councilman Wharton moved that tlae recommendation of City So- licitor Kintzinger be approved and the Board of Supervisors to be no- tified of Council's actron. Seconded by Councilman Moffatt, Carried by the following vote: I'oas-Mayor Murphy, Council- men Moffatt, Thompson, Van Dnei- man, Wharton. Nays-None. March 31, 1497. Honorable Mayor and City Council of the City of Dubuque, Iowa. Gentlemen: In reference to the claim of Paul Bardrick for $1,300.00 for damage for the dumping of clay on lots owned by him, and the driv- ing of heavy machinery aver grass and soil thereon, Prom my investi- gation this was not Bono under the supervision or control of any city employee or agent, and if any dam- age has occurred the City is mot liable therefor. I recommend that said claim be rejected. Yours truly, JOHN J. KINTZINGER. Councilman Moffatt moved that the recommendation of City So• licitor Kintzinger be approved. Seconded by Councilman Thomp- son, Carded by the following vote; Yeas-1Vhayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-Nona March 31, 1947. Honorable Maym• and City Council of the City of Dubuque, Iowa. Gentlemen; In reference to the claim of Thomas B. Roshek for damages to his airplane at the Is- land Airport on or about December 22, 1946, in the amount of $269.20, I have made an investigation of this matter and from my investiga- tion I am of the opinion that there is no liability on the part of the City and therefore, recommend the claim be rejected. Yours truly, JOHN 3. KINTZINGER. Counciltan Thompson move d that the recommendation of Ci±y So- licitor Kintzinger be approved. Sec- onded by Councilman Wharton. Carried by the fallowing vote: Yeas-Maym• Mm~phy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. April 2, 1947. Honorable Mayor and City Council of the City of Dubuque, Iowa, Gentlemen: With reference to the application for Class "B" Beer Permit far Pri- vate Clnb filed by Navy Club of Du- buque, Iowa, "Ship No. 67, Du- buque, Iotiva." After examination of the papers submitted to nee, I am of the opinion that the application is in legal form. Yours truly, JOHN J. KINTZINGER. Councilman Wharton moved that the opiniom of City Solicitor Kvrt- zinger be received and filed. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Murphy, Council• men Moffatt, Thompson, Van Duel- man, Wharton, Nays-Noce. Resolution No, 38--47 Whereas, Application for Class "B" Beer Permit has been sub- mitted to this Council for approval and the same has been examined: craw, therefore, Be 1t Resolved by the Council of the City of Dubuque that the follow- ing application be granted and the license is to be issued upon the compliance with the terms of the ordinances of this City. GLASS "B' PERMIT FOR PRIVATE CLUB, Name. Address. Navy Chib of Dubuque, Ship No. 67, 2417-23 Rhomberg Avenue. Regular Session, April 7th, 1947 85 Passed, adopted and approved this 7th day of April, 1947. CEO, R. MURPHY, Mayor. 1FRANK VAN DUELMAN, F. W. THOMPSON, W. W, MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duei- man, Wharton, Nays-None. April 3, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: On January 25, 1947, the Planming and Zoning Commis- . Sion sent a communication to your Honorable Body recommending the granting of the petition of J. Bur- '.. roughs requesting vacation of alley adjoining Lots 37 to 41 of Rosa Hill Ad. "providing written consent of abutting property owners is ob- tained and filed with the Planning and Zoning Conunission." This is to advise you that the consent of abutting property own- ers has been received, is now on file and a part of the Planning and Zoning Conmiission records, Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. -4cKay, Secretary. Councilman Wharton moved that the communication of the Planning and Zoning Commission be received and the City Solicitor instructed to prepare the proper proceedings. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men -4offatt, Thompson, Van Duel- rnan, Wharton. Nays-None. April 3, 1947, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: The Planning and Zoning Commission has examined the revised petition of Charles J. Boyer et al, with the signatm~es of the majority of the property own- ers affected, and decided that the majority will should prevail, Thus, the Planning and Zoning Commis- sion r°espeotfully recommends the establishment of a Local Business District on the southerly side of Southern Avenue, to include all of that area bounded by the following: beginning at a point on the north westerly corner of Lot 1 of 2 of Lot 3 of part of Mineral Lot 37, thence southerly along the northeasterly lot line of Lot 1 of 2 of Lot 3 of part of Mineral Lot 37 Ito the not•th- erly line of the Dubuque Cascade Road; thence south westerly along the northerly line of the Dubuque Cascade Road to the south westerly line of Lot 1 of 2 of Lot 4, O'Con- nor's Sub.; thence. northerly along the westerly line of Lot 1 of 2 of Lot 4, O'Connor's Sub, to its inter sections with the southerly line of Southern Avenue; thence north easterly along the southerly line of Southern Avenue to the point of be- ginning. (All in the 200 and 300 numbered block on Southern Avenue.) Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. ~By Richard V. McKay, Secretary. Councilman Thompson move d that the recommendation of the Planning and Zoning Commission be approved and the City Solicitor instructed io prepare the proper proceedings. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-lliayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. April 4, 1947, To the Honorable Maym• and City Council, Dubuque, Iowa. Gentlemen: Herewith submitted for your consideration is Proposed Dubuque Hornes Subdivision No. 1 which has been approved by the Planning and Zoning Commission. Yours truly, DUBUQUE PLANNING AND ZONING COMMISSION. By R. V. McKay, Secretary, g6 regular Session, April 7th, 1947 Councilman Wharton moved that the communication of the Planning and Zoning Commission, together with the proposed Dubuque Homes Subdivision No, 1 be referred bo the City Solicitor for investigation and report. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van DueI- mau, Wharton, Nays-None. Rosolution No. 391}7 Be It Resolved by the City Coun- cil of the City of Dubuque that the foilo6ving, 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 an behalf of said City, Name: Address. Madelyn Olday, 703 Central Avenue. Wnt. F. Barrington, 250 West First Street. Myrtle A. Chapman, 53 West 12th Street, Be It Further Resolved that the bonds-filed with the applications be approved. Passed, adopted and approved this 7•th day of April, 1947. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSON, W, W. MOFFATT, ALBERT WHARTON, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Couneil- men Moffatt, Thompson, Van Duel- man, Wharton, Nays-None. Resolution Plo. 40--47 Whereas, Applications for Class "B" Beer Permits have been sub- mitted to this Council fm' approval and the same have been eaamfned; now, therefm•e, Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. CLASS "B" PERMIT. Name, Address. Elias Mihalis and Ruby Mihalis, 574 East 16th Street. Wm. F. Barrington, 250 West First Street. Donald J. Fondell and Adele B. Fondell, 1902 Central Avenue. Passed, adopted and approved this 7th day of April, 1947. GEO. R. MURPHY, Mayor. FRANK VAN DUELIIIAN, F. W. THOMPSON, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Moffatt moved the adoption of the resolution. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas-Mayor Mm'phy, Council- men Moffatt, Thompson, Van Duel- ntan, Wharton, Nays-None. Resolution No. 411}7 Whereas, Heretofore applications for Class "B" Beer Permits were filed by the within named appli- cants and they have received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicants have been inspected and found to com- ply 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- ages be and he is hereby directed. to issue to the following named ap- plicants aBeer Permit. CLASS "B" PERMIT. Elias Mihalis and Ruby Mihalis, 574 East 16th Street. Wm. F, Barrington, 250 West First Street. Donald J, Fondell and Adele B, Fondell, 1902 Central Avenue. Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. Regular Session, April 7th, 1947 Passed, adopted and approved -this 7th day of April, 1947. GEO. R. MURPHY, Mayor. FRANK VAN DUELMAN, F. W. THOMPSOiv, W. W. MOFFATT, ALBERT WHARTON, Councilmen. Attest: J, J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution, Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None. There being- rto further business, Councilman Moffatt moved to ad- journ. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Mayor Murphy, Council- men Moffatt, Thompson, Van Duel- man, Wharton. Nays-None, J. J. SHEA, City Clerk. Approved .......................:......... 1947 Adopted ................................. 1947 Councilmen; .................................... Attest . ............................................ City Clerk, 87