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1942 January Council Proceedings~k={ Regular Session, January 5, 1942 (OfFicial.) Regular Session, January 5, 1942. Council met at 7:55 p.m. Present-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Rlayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meet- ing. Councilman Wharton moved that the rules be snspeucled for the pur- pose of allowing a.ny one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen -Iurphy, Schueller, Thomp- son, l~Tharton. 1\Tays-None. Mr Carl Riley addressed the Council in support of the Red Cross Day to be held on Tuesday, January 20th 1942. Miss Ruth Lar?rbert, chairman of the Gray Ladies committee of the Dubuque County Red Cross chapter adclressecl the Council and requested that the Mayor issue a Praclamation designating Tuesday, January 20th 1942 as Red Cross Day. Proclamation ZVhereas, it is an indisputable fact that every man, woman, and child in Dubuque County is eager to contribute whole-heartedly to the welfare of the brave men who are now serving in the Armed Forces of the United States; and Whereas, the relief and rehabili- tation of civilians and non-combat- ants resulting froth enemy attacks are matters of major concern to all Americans; and Whereas, the fourth clause of the Congressional Charter under tivhich the American Red Cross op- erates the organization iu time of war "to act in matters of voluntary relief anti in accord with the mili- tary and naval authorities as a medium of conununication between the people of the United States of America and their Army and Navy.' Now therefore be it resolved that Tuesday, January 20, 1942, is of- ficially proclaimed in the City of Dubuque as Red Cross Day and every Dubuquer is urged to contri- bute as generously as possible in order that the Dubuque County Chapter of fire American Red Cross map collect $20,000-its propor- tionate share of the 50 million dol- lars being raised in the nation for the humanitarian and essential war- time work of the organization. Signed, this 5th clay of January, 1942. FRANK VAN DUELMAN, Mayor of the City of Dubuque. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning 1\Iap aucl Zoning Ordinance by changing the area bounded by Muscatine Street, Primrose Street, Burlington Street and Sabina Street from a Sin- gle Family to a Two Family classifi- cation presented and react. No jvrit- ten objections filed and no objectors present in tiie Council Chamber. Councilmen Thompson moved that the proofs of publication be re- eeivecl aucl filed. Seeondecl by Coun- cilmen 1'Iurphy. Carried by the fol- lowing Grote: Yeas -Mayor Van Duelman; Councilmen i4Iurphy, Schueller, Thompson, Wharton. Nays-\ one. Ordinance No. 1-42. An Ordin- ance an?ending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 clesigua.ted "Zoning Ordinance of the City of Dubuque" so as to change to "Two Family District" certain defined territory now be- ing delimited as "Single Family District" presented and read. Councilman Thompson moved that the reading just had be consider- ed the first reading of the ordin- ance. Seconded by Councilman Wharton. Carried by the follow- ing vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, VVhartou. Nays-None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. The ordinance was then react a second time. Council- man Thompson moved that the reading just had be considered the second reading of the ordinance. Seconded by Councilman Schueller. Carried by the following. vote: Yeas-Mayor Van Duelnan, Coun- cilmen 14hu•phy, Schueller, Thomp- son, «~harton. Nays-None. Coun- cilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- pit ~, `oI ~i ,'~ :; ?I l ti " ~~ Regular Session, Januar;- Sth, 19-2 tion for at least one week before its final adoption. Seconded by Councilman Schneller. Carried by the following vote: Yeas-Mayor -tTan Duelman, Councilmen Murphy, Schneller, Thompson, and Wharton. Nays--None. I Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to ~' amend and change the Zoning Map and Zoning Ordinance by changing the area bounded on the southerly side by the center line of Dodge Al Street on the northerly side by the i south property line of City Lot 5S6 ~~, on the easterly side by the center line of the Alley first East of Bluff Street on the westerly side by the center line of Fluff Street from Mul- tiple Residence District and Local Business District classification to Light ltdustrial Classification pre- sented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman ~l Thompson moved that the proofs of publication be received and fil- i ed. Seconded by Councilman Schnel- ~ ler. Carried by the following' vote: ~ Yeas-Mayor Van Duelman, Coun- cilmen 11/urphy, Schneller, Thomp- son, l~Thartou. Nays-\TOne. i Petition of IVIrs. Emma Zillig re- questing a reftuicl in the amount of X50.00 on her cigarette permit as she is discontinuing the sale of cigarettes on December 31, 1941 at 3222 Central Avenue presented aucl read. Councilman Murphy moved 1 that the request be granted and the 1 City Auditor to be instructed to draw a warrant in the amount of $50.00 in favor of Mrs. Emma Zil- lig to cover the amount of refund i' granted nn the tuiespired portion of ~ her cigarette permit as she is dis- I continuing the sale of cigarettes as lil of December 31, 1941. Seconded by Councilman Schneller. Carried by , the following vote: Yeas-Mayor j,, ~'an Duelman, Councilmen Murphy, ~;'~ Schneller, Thompson, Wharton. ~~ Nays-None. Petition of St. Joseph's Mercy ~ Hospital Campaign Committee re- questing' permission to hang' a ban- ner across Main Street between 'I ' Stampfers and Graham's presented ' ~'~~' and read. Councilman Mtu'phy mov- i ~ ~ ed that the request be granted and I, I, the erection of said sign to be ~ ii~i~ done under the supervision of the I Ijl, Building' Commissioner. Seconded ' by Councilman Schneller. Carried ~, ,, by the following vote: Yeas-May- I or Van Duelman, Councilmen Mur- phy, Schneller, Thompson, Whar- ton. Nays-None. Petition of the Black and White Cab Company, the Checker Cab Company and John Young request- ing a revision of Ordinance No. 23-3.' and asking that Paragraph 2S6 Rates, Section 1. "A" be amend- ed to read: "A. For one passenger froth one Part of the City of Du- buque to any other part of said Cit3', inclucling• such passenger's ordinary luggage, the sum of thirty- five cents except as provided in Subdivision "C" hereof," and far- ther asking that "C" be amended to include the Municipal Airport presented and read. Mr. Jos. J. Even addressed the Council in sup- port of the petition and requested that the request be granted. Comi- cilma.n Wharton moved that the pe- tition be referred to the City Solici- tor to prepare a proper ordinance. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen DIurphy, Schneller, Thomp- son, ti~'harton. Nays-None. Orclinamce No. 2-42. An Ordinance amending "Ordinance No. 23-32" be- ing "Au Ordinance regulating the operation of tali cabs within the City of Dubuque and fining the rates and prices to be charged for the transportation of passengers from one part of the City to anoth- er," by cltang'ing the rates filed in Ordinance No. 23-42 presented and read. Conncilman Thompson moved that the reading just hacl be considered the first reading of the ordinance. Seconded by Councilman ~Vltartou. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen IVIttrphy, Schneller, Thompson, Wharton. I~Tays-None. Councilman Thompson moved that the rules be suspended requiring ar. ordinance to be read on three separate days. Seconded by Coun- cimau «'hartou. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schneller, Thompson, Wharton. Nays-None. The ordinance was then read a second time. Council- man Thompson moved that the reading jast had be considered the second reading of the ordinance. Sec;onclecl by Councilman Wharton. Carried by the following' vote: Yeas--Iayor Van Duelman, Coun- cilmen 1\Iurphy, Schneller, Thomp- son, ~Vha.rton. brays-None. Coun- cilman Thompson moved that the ordinance be placed an file with the City Clerk for public inspection for at least one Zveek before its final adoption. Seconded by Coun- cilman Wharton. Carried by tlae follotiviug vote: Yeas-11layor Van Dueitnan, Cotulcilmeu Murphy, Re~ul;tr ~~SSlnri, Tantiar~- nth, 192 Schueller, Thompson, Wharton. Nays--\TOne. Petition of B. F. Iilauer, J. C. Loosbrock and J• A. Rhomberg re- questing the vacation of the alley between Elm and Pine Streets from 15th Street to 16th Street present- ed and react Councilman Schuel- ler moved that the petition be re- ferred to the Council to view the grounds. Seconded b3' Councilman IVTurphy. Carried by the following vote: Yeas--Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of W. H. Meuser re- questing Council to remit the pen- alty accruing against street im- provement assessments on the Easterly ?Z of Lot 12 of John Kings Dubuque presented and read. Coun- cilman Thompson moved that the petition be granted providing that the special assessments be paid be- fore February 1st 1942 and the City Treasurer to be instructed accord- ingly. Seconded by Councilman Mtu•phy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Comntuuicatiou of Dubuque Safe- ty Council submitting attached resolutions adopted by the Dubuque Safety Council requesting that "Stop" signs at intersections be raised to a proper height also re- questing the passage of a Model Traffic Ordinance also requesting the inunediate installation of more and better "No Parking" signs in the alleys also requesting that as soon as weather permits that the marking of parking spaces be con- tinued on the streets in the bus- iness district presented and react. Nh•. C. E. Rhodes addressed the Council requesting that a Wall Signal be installed at 8th and Main Streets. Councilman Thompson moved that the communication to- gather with th•e attached resolu- tions and also the verbal request for the installation of a Walk Sig- nal a.t Sth and Main Streets be re- terred to the Council for further consideration. Seconded by Coun- cilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None, State of Iowa County of Dubuque ss. I hereby certify that I, W. J. Andresen, Police Officer, of the City of Dubuque, Iowa, served a copy of the above resolution upon H. F. Bauer of the Chicago Great Western Raihroad Co. on the 27t1a day of December, 194I. W. J. ANDRESEivT, Police Officer. Subscribed and sworn to before me a notary public in and for Du- buque County, State of Iowa, this 27th day of December, 1942, John A. Brady, Notary Public. Councilman Schueller moved that the statement be received and oracle a. matter of record. Secoucl- ed by Councilman Murphy. Carried by the following vote: Yeas-May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays-None. December 30, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: With reference to attached peti- tion of Harold E. Moto, et al, re- requesting adoption of an ordin- ance regulating the establishment, conduct and location of junk yards and specifically objecting to the new NIarntis and Solomon junk yard on Salina Street just east of the 11laizewood plant, which peti- tion was consiclerecl at a joint ses- sion of the Planning and Zoning Commission and City Council on Friday evening, December 2S, 1941. the Dubuque Planning and Zon- ing' Commission respectfully reports that jvhereas the said jnuk yard is in a Heavy Industr°ial District, and, whereas, the Zoning Ordinance of D-abuque, Iowa, does not prohibit innk yards in Heavy Industrial Districts, therefore the Planning audLoning• Commission feels that it has no jurisdiction in the matter, but respectfully recommeucls to your Honorable Body the follow- ing t~,vo steps to regulate such situations (1) The Planning and Zoning Commission recommends that the City Council, acting under its pow- er to restrain and prohibit nuisanc- es (No. 5744, Cocle of Iowa) requir- es that junk yards be enclosed by a suitable tight fitting painted fence or wall of a minimum of 10 feet itt height, constructed strictly in con- formity with the City of Dubuque Bnilcling Cocle, and maintained in good order at all times. (~) The Planning• and Zoning Commission fiu•ther recommends tha± Article VIII, Section 1 of the Zoning Ordinance of Dubuque, Iowa, be amended by adding to the restricted uses another classifi- cation readi*.ag J 4 Regular Session, Januat-~r nth, 19-a-2 "(g1 Junk or scrap storage or ', baling of paper, rags or metals." R.espectfiilly submitted, R. ~'. McI~AY, Secretary, Dubuque Planning and Zoning Commission Councilman Wharton moved that the recommendation of the Plan- ning and Zoning Ordinance be ap- proved and that the City Solicitor be instructed to prepare proper or- dinances as recommended. Second- ed by Councilman Murphy Carried by tine following vote: Yeas-May- or Van Duelman, Councilmen Mur- phy, Thompson, Wharton. Nays- Cotmcilman Schueller. December 30, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of Joseph C. Canxxn, et a.l, requesting the rezoning to Two Family Resi- dence classification of the Single Family area. bounded on the east by the center line of Irving and Avoca Streets, on the north by the center line of Decorah and Cherry Streets, on the west by the east line of the local business district at Asbury Street and University Avenue, and on the south by the north line of local business district on University Avenue between As- bury and Irving Streets, the Plan- ning and Zoning Commission re- spectfully recommends the denial of the petition. A check of the individual lot areas in the district involved shows that but three pieces of property out of fourteen have the prescrib- ed area for two family residences even if the ordinance were chang- ed. Such a change would therefore require endless adjustments a.nd concessions by the Board of Adjust- ment before two family residences might be constructed and this pro- ce.cture would undermine or cir- cumvent the fundamental objects and principles of the Zoning Or- dinance. Respectfully submitted, R. V. McKAY, Secretary, Dnbngne Planning and Zoning Commission Ccitncilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved as read. Seconded by Coun- cilntan Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. December 30, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Dubuque Planning a.nd Zon- ing Commission respectfully recom- mends to your Honorable Body the granting of the petition of Swift and Company requesting the va- cation of all of that part of Harri- son. Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Subdivi- sion as shown on attached blue- print. P~espectfully submitted, R. V. McI~AY, Secretary, Dubuque Planning and Zoning Commission. Councilman Murphy moved that the recommendation of the Plan- ning aucl Zoning Commission be approved and that the City Solici- tor be instructed to prepare the proper proceedings. Seconded by Councilman Schueller. Carried by the. following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-i~Tone. Ordinance No. 3-42. An Ordin- ance providing for the vacation of Harrison Street beginning 105 feet south of the south line of Dodge Street and extending southerly to the north line of Industrial Sub- division and declaring an emergen- cy Preseutecl and read. Councihna.n Thompson moved that the reading just had he considered the first reacting of the ordinance. Seconded by Councilman Schueller. Carried by the following vote: Yeas-May- or Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. Nays -None. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Days-\TOne. The ordin- ance was then read a second tithe. Councilman Thompson moved that the reading just hacl be considered the second reading of the ordin- ance. Seconded by Councilman Schueller. Carried by the follow- ing vote ~ Yeas-Mayor Van Duel- man, Councilmen Murphy, Schuel- ler Thompson, Wharton. Nays- None. Councilman Thompson mov- ed that the ordinance be placed on file with the City Clerl~ for pub- lic inspection for at least one week Regular ~cssirtn, Tanuarv 5th, 19-12 before its final adoption. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-Noce. December 31, 1941. In re: Claim of James F. Lee. Honorable Niayor anti Members of the City Cottncil, City of Dubuque, Iowa. Gentlemen: i have investigated the claim of James F. I ee which has been refer- rP,d t0 xlle. After investigation anti a talk with 12r. Lee I ant of the opinion that there is no liability on the part of the City of Dubuque, anti that said claim should be disal- iowed. Yours truly, JOH\' J. ZiINTZINGER, City Solicitor. Councilman Murphy moved that the opinion of City Solicitor Iiintz- inger he made a matter of record. Seconded by Councilman ZS'ltarton. Cax•ricd by the folio?ving vote: eas-lilayor Van Duelman. Coun- cilman Niurphp, Schueller, Thomp- son, lUharton. Nays-None. Jaaxuary 3, 1912. Honorable Mayor and lIembers of the City Cottncil, City= of Dubuque, Iowa. C:entlenien: ~~'ith reference to the application of Niettel Realty anti Investment Co. offering to pay $25.00 to have the records of the special assess- ments against Lot 13 in McClain's Subclivisiou in Dubuque, Io?va re- leased, tl.is property ?vent to tas sale anti if the requirements of the Statute were stet in securing the Tas Deed, the special assessments are no longer liens against this property. I would recomnxeud that the re- quest of the petition be granted anti thai upon the payment of $25.00 to the City of Dubuque, a cancella- tion be ntacle upon the records in the offices of the County Treasur- er anti County Auditor of the spe- cial~assessments levied against the real estate in question. Respectfully submitted, JOHN J. IiINTZINGER, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor I~intzinger be approved anti that the City Treasuret• be in- structed accordingly. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Vaal Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar- ton. 1~Tays-None. January 3, 1942. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: 1Vith references to the Applica- tion of Swift anti Company offer- ing to pay the special assessments for the improvement of Dodge Street against City Lots 549, 549A anti 550, by paying within 30 days from the date of the Applica- tion, the fall total principal of all of the said assessments Zvhich ha?~e not been paid, anti requesting that a cancellation he made in the offic- es of the County Treasurer and County Attclitor when such pay- ment is made; this property has gone to Tav Deecl. If the require- n:ents of the Statute have been cotnpliecl with in sec•,nring the Tai: Deed for back tales, then the lien of tiie taxes for special as_sessxnent is of no further force or effect. I n-oulri recotnmenri that the of- fer by S?vift anti Company to pay the principal amount of the bal- ance due rnl the assessments within 30 days from December 24, 19.11 be accepted, anti that a proper record of such cancellation be trade in the offices of the County Treasur- er anti County Auditor, when pa3-- ment is nxacle. Respectfully submitted, JOFIN J. IiINTZIi`.TGER, City Solicitor. Councilman Murphy moved that the recommendation of City Solici- tor Iiintzinger be approved and the City Treasurer instructed ac- cordingly. Seconded by Council- man Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duelman, Councilmen 1l/urph3=, Schueller, Thompson, tiVharton. Nays-None. Resolution No. 1-42 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 tlae City of Dubuque, be granted aper- mit to sell cigarettes anti cigarette papers within said City and the Manager is clirectecl to issue such permit on behalf of said City. Luxemburg Club of Dubuque, 1562 Central Avenue. Jack ~'Valker, lOS5 University tit=enlle. Joseph ZV. Hanteu anti Virginia Hantexa, 305 Eighth Avenue. Regular Sessi~nl; Januar~r titi1, 19+2 Be it farther resolved that the bonds filed with the applications be approved. Passed, adopted and approved this 5th day of January, 1942. FRANK VAN DUELMAN, Mayor. F'. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. P,esolution No. 2-42 Whereas, applications for Class "B" Beer Permits have been sub- mitted to this Council for approv- al and the. same have been exam- ined: Now, therefore; Be it resolved by the Council 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 `Vm. J. Canfield, Jr. (Canfield Hotel), 4th & Central Avenue. Jack ~Va.lker, 1085 University Avenue. Mrs. Melita Chase, 1322 Central Avenue. Joseph VV. Hanten and Virginia Hanten, 1638 Central Avenue. Passed, adopted and approved this 5th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen Attest: J. J. SHEA, Councilman Murphy moved the adoption of the resolution. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 3-42 Whereas, heretofore applications were filed by the within named ap- plicants for Class "B" Beer Permits and they have received the approv- al of this Council; and Whereas, the premises to be oc- cupied by such applicants have been inspected and found to conx- 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 Manager be and he is hereby direct- ed to issue to the following named applicants a Beer Permit. CLASS "B" PERMITS LVm. J. Canfield, Jr. (Canfield Hotel), 4th & Central Avenue. Jack Walker, 1055 University Avenue. NIrs. Melita Chase, 1322 Central Avenue. Joseph W. Hanten and Virginia Hanten, 1638 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 51:h day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Conncilmen. Attest: J. J. SHEA, City Clerk• Councilman Schueller moved the adoption of the resolution. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-May- or Van Duelman, Councilmen iVIur- phy, Schueller, Thompson, Whar- ton. Nays-None. Petition of the Illinois Central Railroad Company requesting auth- ority to construct and maintain a side-track to eater the premises occupied by Marmis and Solomon from the north commencing on Sa- lina Street at a point opposite Lot 71 in Dubuque Harbor Company's Addition and proceeding southeast- erly therefrom into the premises of Marmis and Solomon described at Lots 9, 8 and 7 in Dubuque Harbor Company's Addition presented and read. Councilman Whartmi moved that the petition be received and referred to the City Solicitor to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Couu- ciimeu Murphy, Schueller, Thomp- son, tiVharton. Nays-None. Ordinance No. 42. An Ordinance granting to the Illinois Central Railroad Company, its successors and assigns, right to construct and maintain a side-track from the City Clerk. Regular Session tracks in Salina Street from a point opposite Lot 11 of Block 13 in Du- buque Harbor Company's Addition in the City of Dubuque, Iowa, thence Southeasterly in Salina Street and into the premises described as Lots 9. 8 and 7 of Block 13 in said Dubuque Harbor Company's Addi- tion, and providing the terms and conditions thereof presented. Coun- cilman Wharton moved that the or- dinance as submitted be referred to the City Solicitor. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. There being no fiither business Councilman Thompson moved to ad- journ. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1942. Adopted ...................................1942. Councilmen: Councilmen: ~ ...._ ................................ anuary 5t1,, 19~Z Attest : ................................................ City Clerk. 7 8 Special Session, January 6th, 1942 ~i P~ (Official.) Special Session, January 6th 1342. Council ntet at 8:15 P. M. Present-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. l7eeting called by order of Coun- cilmen Thompson anct Wharton. Mayor Van Buelulau read the ca.li and stated the service there- of had been duly made and that this meeting is called for the pur- pose of considering the petition re- questing the vacation of the Alley between Flm aucl Pine Streets from 15th Street to 16th Street and act- ing on any other business as may I properly come before a regular meeting of the City Council. Petition of B. I'. I~lauer, J. C. Loos};rock and J. A. Rhomberg re- o_nesting' vacation of the Alley be- tween Elm and Line Streets from 15th Street to 16th Street present- ed and read. Councilman 'Wharton moved that the petition be receiv- ed and that the City Solicitor be instructed to prepare the pt'oper proceedings. Seconded by Council- man Alurphy. Carried by the follow- ing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schuel- ler, Thompson, Vrharton. Nays- None. Orclina.nee No. 4-42. An Orclinanee granting to the Illinois Central R.ailroacl Comuau3=, its successors snot assigns, right to construct snot maintain a side-track from its tracks in Salina Street from a point ~Pposite Lot 11 of Bloch 13 in Dtt- bnclue Harbor Company's Addition in the City of Dubuque, Iowa, thence Southeasterly in Salina Street snot into the premises de- scribed as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Com- pany's Addition, and providing the terms and conditions thereof pre- sented suet react. Councilman Thompson moved that the reacting just had be considered the first reacting of the orclinanee. Seeoncled by Councilman 1l2urphy. Carried by the following vote: Yeas-Mayor Van Duelman. Councilman Murphy, Schueller, Thompson, Wharton. Nays-None. Councilman Thomp- son moved that the rules be sus- pencled requiring an orclinanee to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, ZVharton. Nays-None. The or- linance was then read a second time. Councilman Thompson moved that the reading just had be consid- ered the second reading of the or- dinance. Seconded by Couucilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ti'Vl:arton. Nays-None. Couucilman Thompson moved that the ordinance be placed on file with the Gity Clerk for public in- spection for at least one week be- fore its final adoption• Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. There beiug~ no further business Councilman Thompson moved to ad- journ. Secmxded by Coumcihnan Schueller. Carried by the following vote: Yeas-lIayor Van Duelman, Couucilman i!I u r p h y, Schueller, Thompson, Wharton. Nays-None. J. J. SHEA, Approved ..................................194 Adopted .................................1942. Councilmen: Cotmcilnaen: ~ ...................................... Attest : .... ........................................ City Clerk. Special Session, January 7th, 19-2 9 P ' ~'_~ (Official.) Special Session, January 27th 1942. Council met at 7:35 P. M. Present--Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Wharton and Thompson. Mayor V an Duelman read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering claims filed against the City for personal injuries and prop- erty damages and acting on a.ny other business as ma.y properly come before a regular meeting of the City Council. Councilman Wharton moved that the rules be suspended for the purpose of allowing any one pres- ent in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None: Itlr. Vern Shekleton, Business Rep- resentative of Dubuque Building Trades Council, addressed the Coun- cil submitting' an Agreement Prom Local 659 International Hod Car- riers, Building and Common Labor- ers of America providing that Union Labor be employed on all future street or sewer work. Coun- cilman Thompson moved that the Agreement be referred to the City Council. Seconded by Councilman liZurphy. Carried by the following vote: Yeas--Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Notice of Claim of Mrs. Louis C. Noel iu au unstated amount for personal injuries received in a fall on an icy sidewalk at Sth Avenue near Maiu Street or about at the corner of Montgomery Ward Co. Store presented and read. Council- man Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and re- port. Seconded by Councilman Schueller. Carried by the follotvitig vote: Yeas--Mayor Van Duelmat?, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Notice of Claim of Minnie Ra.d- loff itt the amount of $74.75 for damages to her Oldsmobile Seclan caused iu striking the South guard rail of the Viaduct on East 32nd Street due to a deep icy rut in said street presented and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Schueller. Carried by the following vote: Yeas-Mayor Van D+uolman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Chicago Great ZVestern Railway Company Chicago, Jan. 13, 1942. Hon. Frank Van Duelman, Mayor, City of Dubuque, Dubuque, Iowa. Dear Sir: This will acknowledge receipt of Resolution No. 163-41, pertaining to installation of electrically oper- ated flashing light a.nd rotating disk stop crossing signals at 29th Street in the City of Dubuque. In the past number of years such crossing protection has been install- ed with Federal Funds. I ant in re- ceip± of advice from the Iowa State Highway Commission that in view of recent developments with re- spect to Federal requirements there is no prospect of including this project in an early program unless it is vital to National Defense, 'We will keep this matter in mind and at the first opportunity do all we can to secure necessary funds to make the desired installation. Yours very truly, S. M. GOLDEN. Councilman Murphy moved that the communication be received and made a matter of record. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen M'itte•phy', Schueller, Thompson, Wharton. Nays-Noce. Councilman Schueller moved that City Manager Rhomberg be in- structed to notify the Chicago Great Western Railway Company to place crossing watchmen at the 29th Street crossing fora 24 hour period each day said notice to be effective immediately. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Kohler Brothers, by Ervin I.ohler, requesting a refund in the amount of $25.00 on their cigarette permit No, 13S as they are discontinuing business at 351 Eighth Aveutte presented and read. Councilman 1'IurphY moved that Y,a,I h~ „~ ,;~~ '~ z-Z '_, rr ., ....:~.~ l0 Special Session, January 2%th, 1942 the petition be granted a.nd that the City Auditor be instructed to draw a warrant in the amount of X25.00 in favor of Kohler Broth• ers to cover the amount of refund granted on the unexpired portion of their cigarette permit No. 138. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. January 26, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that we have approved the following bonds and desire to have your approval on same for filing: Personal John A. Brady, Clerk of Police Court. Petition of K. W. Elliott et al requesting that the Southerly 100 feet of the Westerly 61 feet of Lot 822 in A. NlcDaniel's Subdivision be rezoned from Two Family Classi- fication to Multiple Family Classifi- cation presented and read. Council- man Wharton moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Cotmcilxnan Murphy Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Wm. A. Haller, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1941 taxes on Lot 27 McCraney's 2nd Addition pre- sented anti read. Councilman Whar- ton moved that the petition be re• ferred to the City Solicitor for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Va,n Duelman, Councilmen Mur- phy, Schueller, Thompson, Whar• ton. Nays-None. Petition of Ira G. Whitney et al requesting Council to take pro- er action whereby an electric stop and g~o light will be installed at the corner of Central Avenue and Twelfth Street presented and read. Councilman Wharton moved that the petition be referred to the City Council for investigation. Sec- onclecl by Councilman Murphy. Car- ried by the following vote: Yeas- l~Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Veterans of Foreign Wars of the United States request- ing permission for the holding of their Annual Bucldy Poppy Sale on Saturday, May 16th 1942 presented and read. Councilman Thompson moved that the request be granted• Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Central Surety & Ins. Corp. Excavation A. L. Hammel, 2251 Prince Street. Western Surety Company, Bond No. 139114. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the bonds be approved and placed on file. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen NTurphy, Schueller, Thompson, Wharton. Nays-None. January 16, 1942. To the Honorable Mayor anti City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Rec- reation Director and City Water- works, also a list of claims and payrolls for which warrants were drawn during the month of De- cember, 1941. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Wharton moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas--Mayor Vau Duelman, Councilmen ivTurphy, Schueller, Thompson, Wharton. Nays-None. January 27, 1942. To the Honorable Mayor and City Council, Dubuque, Iowa. Geutletnen At the session of the City Cout?- eil held November 21, 1941 the pe- tition of 1\~l's. B. L. Baumhover et al, requesting that the name of Dodge Street from Fremont Ave- nue westerly to tho end at Collins Street be changed `vas referred to the Council to view the grounds. The Council viewed the site and after consulting the residents decid- ed to change the name to McKin- ley Avenue. I recommend that the action of the Council be confirmed Special Sessiotl, January- 27th, 192 11 a,nd the City Solicitor be instruct- ed to prepare the proper proceed- ings. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the action of the City Council confirm- ed and the City Solicitor to be in- structed to prepare the proper pro- ceedings. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas--Mayor Van Duel- man, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays- None. January 27, 1912. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentiemen: At the session of the City Council held December 26, 1941 the petiti- tion of Farley and Leotscher Manu- facturing Company to install four unclergronncl storage tanks in Jack- son Street at the southwest corner of 9th and Jackson Streets sues re- ferred to the Council to view the grounds. - The Council viewed the site and decided to grant the petition. i recommend that the action of the Council be confirmed and the City Solicitor be instructed to prepare the proper proceedings. Respectfully submitted, A. A. RHOMBERG, City Manager, Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the action of the City Coun- cil confirmed and the City Solicitor to be instructed to prepare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. January 20, 1942. Hmiorable i~Tayor and City Council, City of Dubuque, Iowa. In re: Claim of Geo. B. Collinsou. Gentlemen: The claim of George B. Collinsou seas submitted to me for investiga- tion atld report. After investigation it was n1S, opinion that this was the liability of the property owner be- cause of his failure to properly place a guard at the top of the stairs in question. I took the matter up with the property owner and he agreed to pay the damages to Geo. B. Collin- sou. The clautages have been paid, the releases signed, and I attach herewith a release signed by llr. Collinsou. Respectfully submitted, 3OHN J. KINTZINGER, City Solicitor. I Councilman Murphy moved that the action taken by City Solicitor Kintzinger be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 5-42. An Ordin- ance providing for the vacation of the area between Elm anti Pine Streets from 15th to 16th Streets and also for the conveyance of said vacated area to B. F. Klauer, J. C. Loosbrock and J. A. Rhomberg pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Second- ed by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. I~Tays-None. Councilman Thontpsou moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconclecl by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. The ordi- nattce was then read a second time. Councilman Thompson moved that the reacting just had be consiclerecl the second reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas--Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one tiveek be- fore its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, tiVharton. Nays-None. Ordinance \70. 6-42. An Ordinance amending an Ordinance entitled "Ordinance No. 99 Changing the Names of Streets aucl Avenues with- in the City of Dubuque" by chain ing the name of Doclge Street run- ning North and V~'est from where Doclge Street intersects zvitlt Fre- mont Street to the name of Mc- Kinley Avenue presented a.ud read. Councilman Thompson moved that _ _ _ ~~ ~- the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Va.n Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. I~Tays-None. Councilman Thompson moved that the rules be suspended requiring an ordi- nance to be read on three sep- arate days. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. The ordinance was then read a second time. Council- man Thompson moved that the reading just had be considered the second reading of the ordinance. seconded by Councilman Wharton. Carried by the following vote: I eas-Mayor Van Duelman, Coun- cihmeu Murphy, Schueller, Thomp- son, Wharton. Nays-None. Coun- cilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspec- tion for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Iran Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No• 7-42. An Ordinance granting to Farley & Loetscher lifg. Co., its successors and/or as- signs, the right to install four un- derground storage tanks at the Southwest corner of Ninth and Jackson Streets tinder the level of Jackson Street a.nd to attach and maintain Pipes and equipment in connecticn therewith all in accord- ance with the plans now on file in the office of the City Clerk pre- sented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy Schueller, Thompson, Wharton Nays-None. Councilman Thompson move c that the rules be suspended requir ing an ordinance to be read on threE clays. Seconded by Councilman «Tharton. Carried by the followiu; vote: Yeas-Mayor Van Duelman Councilmen Murphy, Schueller Thompson, Vhharton. Nays-Nonc nded by Councilman Wharton. arried by the following vote: Yeas, Iayor Van Duelman, Councilmen Iurphy, Schueller, Thompson, Vharton. Nays-None. Councilman 'hompson moved that the ordin- nce be placed on file with the ;ity Clerk for public inspection for t least one week before its final doption. Seconded by Councilman Wharton. Carried by the following ~ote: Yeas-Mayor Van Duelman, ;ouucilmeu Murphy, Schueller, Chompson, Wharton. Nays-None. Ordinance No. 8-42. An Ordinance ~egniating and licensing Junk dealers and prescribing penalties 'or violation presented and read. 7ouncilman Thompson moved that he reading just had be considered he first reading of the ordinance. ~econcled by Councilman Wharton. married by the following vote: Yeas-Mayor Van Duelman, Coun- ~ilmen Murphy, Schueller, Thomp- ~on, Wharton. Nays-None. Coun- ~ilman Thompson moved that the rules be suspended requiring an ordinance to be read on three sep- arate clays. Seconded by Council- man Wharton. Carried by the fol- lowing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. The ordinance was then read a second time. Council- man Thompson moved that the read- ing just had be considered the sec- ond reading of the ordinance. Sec- onded by Councilman `Vharton. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Council proceedings of November, 1941, pry Councilman Thompson m o v e cl that the Council Proceedings for the month of 1ovember, 1941, be appro~red as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelmman, Councilmen Murphy, Schueller, Thompson, and Wharton. Nays-None. The ordinance vas then rear second time. Councilman Thoml son moved that the reading jus had be considered the s e c o n „~~a,,,~ n the ordinance. Sei Special Session, January 2ith, 192 13 designated "Zoning Ordina.uce of the City of Dubuque" so as to change to "Two Family District" certain defined territory now be- ing delimited as "Single Family District", said ordinance having been passed upon first and second readings on January 5th. 1941, pre- sented and read a third time. Ordinance No. 1.42 An Ordinance amending a.nd changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34, designated "7,oning Ordinance of the City of Dubuque," so as to change to "Two Family District" certain defined territory now being delimited as "Single Family District." Whereas, it is deemed advisable by the City Council to amend the Zoning NIap of the City of Dubuque as provided by Ordinance 1Vo. 3-34, designated as "Zoning Ordinance of the City of Dubuque," so as to change to "Two Family District" certain territory hereinafter de- scribed, now delimited as "Single Family District" and, Whereas, notices of such pro- posed change have been published as provided by law and an oppor- tunity afforded to any and all in- terested parties and citizens to ob- ject thereto at a Public meeting held at 7:3U ou the 5th day of Jan- uary, 1942, in the Council Chamber in the City Hall; and, WHEREAS, no objections have been filed or made to the proposed change. Now, therefore, BE IT ORDAINED BY THE CITY COiTNCIL OF THE CITY OF DU- BUQUE Section 1. That the Zoning Map and ?.oning Ordinance of the City of Dubuque be and the same is here- by amended and changed as fol- lows: By changing from a "Single Fam- ily District" to "Two Family Dis- trict" the area described as fol- lows: The area bounded by Musca- tine, Primrose, Burlington and Sa- bina streets. Section 2. This Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council, and publication as by law provided, and when the costs and expenses of publication has been paid by the parties applying therefore. Passed upon first and second readings this 5th clay of January, 1942. Passed, adopted and approved on final reading, this 2ith day of Jan- uary, 1942. FRANK VAI\T DUELMAN, Mayor F. `V. THQMPSON ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City clerk. Published officially in The Tele- graph-Herald newspaper this 29th clay of January, 1942 and in the Daily Tribune newspaper this 30th day of January, 1942. J. J. SHEA City Clerk Councilman Murphy moved the adoption of the ordinance. Second- ed by Councilman Schueller. Car- ried by the following vote: Yeas -Mayor Van Duelman, Councilmen NT u r p h y, Schueller, Thompson, Wharton. Nays--I~Tone. Ordinance No 2-42. An Ordinance amending "Ordinance No. 23-32" be- ing "An Ordinance regulating the operation of tali cabs within the City of Dubuque and fixing the rates and prices to be charged for the transportation of passengers from one part of the City to an- other," by Changing the rates fix- ed in Ordinance No. 23-32, said or- dinance having been passed upon first and second readings on Janu- ary 5th, 1942, presented and read a third time. Ordinance No. 2-42 An Ordinance Amending "Ordi- nance No. 23-32" being "An Ordi- nance regulating the operation of taxi cabs within the City of Du- buque and fixing the rates and prices to be charged for the trans- portation of passengers from one part of the City to another," by changing the rates fixed in Ordi- nance No. 23-32. Be it ordained by the City Coun- cil of the City of Dubuque: Sec. 1. That Ordinance No. 23-32, being an ordinance regulating the operation of taxi cabs within the city of Dubuque and fixing the rates and prices to be charged for tlae transportation of passengers from one part of the city to an- other, be and the same is hereby amended by striking out of Par. 286, Rates, Section 1, subdivision A, "twenty five cents (25c)", and inserting in lieu thereof "thirty- five cents (35c); and by adding after "Sunny Crest" subdivision C, "or the Municipal Airport." Sec. 2. This ordinance shall be in force aucl effect from and after ,1 `'i ~_ j 14 Special Session, Tanuari- ?% th, 19~? its final passage and publication as Proviclecl by la~v, and when the cost of publishing same has been paid by Petitioner. passed upon first and second readings this 5th day of January, 1942. Passed, acloptecl anti approved upon final reading this 2 i th day of Jauuary,l942. FRANK VAN DLTELNIAN Mayor. F. W. THOMPSON, ALBERT tiVHARTON, B. A. SCHUELLER, GEO. R. MURPHY, C OnllCllnl ell. Attest: J. J. Shea, City Clerk. Published officially in The Tele- graph-Herald newspaper this 29t1i day of January, 1942 and in the Daily Tribune newspaper this 30th day of January, 1942. J. J. SHEA City Clerk Councilman Thompson moved the adoption of the ordinance. Sec- onclecl by Councilman Wharton. Carried by the following vote: Yeas: Mayor Van Duelmau, Coun- cilmen Murphy, Schueller, Thomp- son, Wharton. Nays: None. Ordinance No. 3-42. An Ordinance providing for the vacation of Har- rison Street beginning 105 feet south of the south line of Doclge Street and exteucling southerly to the north line of Industrial Sub- division, and declaring an emer- gency, said ordinance having been passed upon first and second read- ings on January 5th, 1912, presented and read a third time. ORDINANCE NO. 3-42 An Ordinance Providing for the vacation of Harrison Street begin- ning 105 feet south of the south line of Doclge Street and extending southerly to the north line of In- dustrial Subdivision, acct declaring an emergency. SVHEREAS, Harrison Street, be- ginning 105 feet south of the south line of Dodge Street and extending to the north line of Industrial Sub- divisiozt, is located within the heavy industrial district in the City of Du- buque, as delimited by the zoning map of said City and all of the owners of real estate abutting upon said part of said street have con seated to the vacation thereof; and WHEREAS, said part of Harri~ son Street is not ueeclecl for street or public purposes except for sew era, drains and water mains now iz_ said street and the vacation thereo; wiil not injure, damage or inter fere with the use of or accessibilit3 :o private property situated within such district; and WHEREAS, the Planning and Zotz- ing Commission of the City of Du- buque has examined into the ad- visability of vacating such portion of such street and has recommend- ed to this Council that such vaca- tion be made. No`v, Therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DU- BUQIUE: Section 1. That Harrison Street, beginning 105 feet south of the south line of Doclge Street and ex- tending southerly to the north line of Industrial Subdivision, be and the same is hereby vacated, except that the City of Dubuque reserves the right that all sewers, drains and water mains located upon or within the vacated area shall con- tinue to be the Property and under the supervision and control of the City of Dubuque, its officers and employees, and in the event any repairs or replacements become necessary in or upon such sewers and tivater mains or services be- cause of any action or conduct upon the Part of the occupant thereof, now Swift and Company, its agents or employees, such sewers and water mains and services shall be repaired or rebuilt at the expense of said Swift and Company. Section 2. That the Clerk be and he is hereby directed to file in the office of Recorder of Dubuque County, a certified copy of this Or- dinance. Section 3. That this Ordinance, being deemed urgent and in the in- terest pf the public welfare, shall be in force and effect inunediately upon its final Passage, adoption and approval b3' the City Council and publication as provided by la~v, and the rights hereunder shall accrue to Swift and Company, its succes- sors and assigns, when this Ordi- nance has been accepted by said Company, which acceptance shall be enclorsecl hereon, and when the costs and expense of ptblishing the same has been paid by said Company. Passed upon first and second readings this 5th day of January, 1942. Special Session, January- 2i th, 1912 15 Passed, adopted and approved upon final reading this °7th day of January, 1912. FRANK VAi`; DGELMAN, Mayor. F. W. THOIIPSON, ALBERT WHARTON, B. A. SCHUELLER, C1E0. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. ACCEP°i'ANCE OE ORDINANCE Pd O. 3-42 Swift and Company, having i~uo~vledge of all the terms and con- ditions of Orcliuance No. 3-42, does hereby accept the same as adopted by the City Council of the City of Dubuque on the 27th day of Janu- ary, 1942, and agrees to comply tivith the terms and provisions thereof. Signed this 29th clay of January, 294L. SWIFT AND COMPANY, By Wm. B. Ti•ag=nor, Vice-President, W. H. Soutter, Assistant Secretary Published officially in The Tele• graph-Herald newspaper anti The Daily Tribune newspaper this 3rcl day of February, 1942. J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Il'Iayor Van Duelmau, Councilmen Murphy, Schueller, Thompson, Wharton, Nays-None. Ordinance 1Vo. 4-42. An Ordin- ance granting to the Illinois Central Railroad Company, its Successors and Assigns, right to construct anti maintain a Side-Track from its tracks in Salina Street from a point opposite Lot 11 of Block 13 in Du- buque Harbor Company's Addition in the City of Dubuque, Iowa, thence Southeasterly in Salina Street and in the City of Dubuque, Iowa, thence Southeasterly in Salina Street anti into the premises described as Lots 9, Sand 7 of Block 13 in said Du- buque Harbor Company's Addition, anti providing the terms and condi- tions thereof, said orcliirance hav- ing' been passed upon first anti sec- ond readings on January 6th, 19.12, presented anti read a third time. ORDINANCE N0.4-42 An Ordinance granting to the Illi- nois Central Railroad Company, its successors and assigns right to con- struct anti maintain a side-track from its tr•acl.s in Salina Street front a point opposite Lot 11 of Blocli 13 iu Dubuque Harbor Company's Addi- tion in The City of Dubuque, Iowa, t It e n c e southeasterly in Salina Street and into the premises cle- scribect as Lots 9, S and 7 of Bloch 13 in said Dubuque Harbor Company's Addition, and providing the terms aucl couclitions thereof. Be it Ordained by the City Council of the City of Dubuque, Iowa: Section 1. That permission be anti the same is hereby granted to the Illinois Central Railroad Com- patry, its successors and assigns, to lay clotivn, operate and maintain a spur tracl~ from its side-track now located on Salina Street, couunenc- iug' at a point opposite Lot 11 of Block 13 in Dubuque Harbor Cou1- pauy's Addition in the City of Du- buque, Iowa, thence southeasterly in Salina Street anti into the premises described as Lots 9, S and 7 of Block 13 iu said Dubuque Harbor Com- pany's Addition in the City of Du- buque, Iowa, in accordance with plans on file. Section 2. That in the laying down anti the operation of said track, the same shall be so constructed anti maintained as to create the least Possible obstruction of the ordinary travel anti use of the street on anti over which said track is laid; that cars shall not be allowed to stand on the track in said streets and that the same shall be kept free for travel at all times etcept when it may be necessary for cars to be switched across the same. Section 3. That said tracks here- by authorized shall be laid to the established grade of Salina Street and should the grade of said street be chang'ecl at any time, the said track shall be so changed as to con• forth to such chang'ecl grade at the expense of the railroad company, and the company shall have no claim for damages against the City by reason thereof. Section 4. That said railroad conr- pauy shall keep the space between the rails on said traclc anti the end of the ties so g'raclecl that automo- biles or other vehicles may easilg~ cross over the same, and that when required by the City Council, said railroad company shall planl~ be- t~veen the rails anti make suitable approaches to enable vehicles to easily cross the same. Section 5. Said track shall be so constructed anti maintained as not to dam up or obstruct the flow of water in said street anti the said railroad company shall at its own e~peuse consh•uct such drainage structures as may be necessary to Prevent tine damming up or obstruc- 16 ~ pedal Session, Januarti- 27th, 192 :-; lion of flowage of the water in said street. Section 6. It is further expressly stipulated and provided that all rail- road companies now operating tracks in the city shall be entitled at any time to have their cars trans- ferred over said tracks, and all in- termediate tracks of said company, its successors and assigns, which may be necessary to be used in order to connect with the track here- by authorized upon the payment of such switching charges which may 1?e ttniformly applied within this city and accepted as reasonable between railroad companies operating within the city. Section 7. This Ordinance being deemed urgent and of immediate necessity, shall become effective up- on its passage, adoption and ap- proval by the City Council and pub- lication as provided by law and the rights herein granted shall accrue to said railroad company when this Ordinance has been accepted by said railroad company, which ac- ceptance shall be endorsed theron, and when the costs a,nd expense of publishing same have been paid by said railroad company and when the injuries and damage to property abutting upon said streets have been ascertained and compensated for, or in lieu thereof, when the rec- ord owners of such property and rec- ord holders of liens and encumb- rances thereon have filed with this Council their consent to the con- struction and operation of such track and waivers and releases of any damages which may be sustain- ed by them on account of the con- struction and operation of the same. Passed upon first and second reading this 6th day of January, 1942. Passed, adopted and approved on final reading this 2 7th day of Janu- ary, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. ACCEPTANCE BY ILLINOIS CENTRAL RAILROAD COMPANY Illinois Central Railroad Company does hereby accept all the terms, provisions and conditions of the Ordinance adopted by the City Council, Dubuque, Iowa, entitled: "An Ordinance granting to the Illi- nois Central Railroad Company, its successors and assigns, right to con- struct and maintain a side-track from its tracks in Salina Street from a point opposite Lot 11 of Block 13 in Dubuque Harbor Company's Addi- tion iu the City of Dubuque, Iowa, thence southeasterly in Salina Street and into the premises de- scribed as Lots 9, 8 and 7 of Block 13 in said Dubuque Harbor Com- pany's Addition, and providing the terms and conditions thereof." being Ordinance No. 4-42, and that said railroad company does hereby agree to comply with all the terms and conditions of said Ordinance. ILLINOIS CENTRAL RAILROAD COlV1PANY, By F. L. THOMPSON, Vice President. Published officially in The Tele- graph-Herald newspaper this 18th day of February, 1942. J. J. SHEA, 2-18-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of the Illinois Central Railroad Company requesting the City Council to waive and release any and all claims the City has or may have for damages against the Illinois Central Railroad Company, its successors and assigns, resulting from the construction of a spur track from a track in Salina Street into the premises described as Lots 7, 8 and 9 in Block 13, Dubuque Har- bor Company's Addition presented and read. Councilman Wharton moved that the petition be granted. Seconded by Councilman Schueller. Carried by the following vote: Yeas -Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. Waiver and Release of Damage The undersigned, being the owner of the following described real estate, towit: Lot 2 of Lot 3 of Block C, Industrial Subdivision in the City of Dubuque, Iowa, which abuts Sa- lina Street, City of Dubuque, Iowa, in which street the Illinois Central Raih•oad Company proposes to con- struct aspur track, from a track in said street into the premises de- scribed as Lots 7, 8 and 9, Block 13, Dubuque Harbor Company's Addi- tion, Dubuque, Iowa, pursuant to authority granted by City of Du- buque, Iowa, in Ordinance No. 4-42, approved on final reading January 27, 1942, in consideration of the building of said spur track by said Special Session, Tanuar}- 2ith, i9=~? i7 Railroad Company, does hereby for- ever waive and release any and all claims the undersigned has or may have for damages against the Illi- nois Central Railroad Company, its successors and assigns, resulting from the construction of the afore- said spur track in Salina Street. Dated this 27th day of January, 1942. CITY OF DUBUQUE, IOWA, By Frank J. Van Duelman, Mayor. Attest: J. J. Shea, City Clerk. Councilman Murphy moved that the Mayor and City Clerk be author- ized to execute the Waiver and Re- lease of Damages on behalf of the City of Dubuque, Iowa. Seconded by Councihnan Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. 1Vays-None. , RESOLUTION NO. 4-42 BE IT RESOLVED by the City Council 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 cigarette papers within said City and the Manager is directed to issue such permit on be- half of said City. Name-Nick Kramer; Address- 2222 Central Avenue. BE IT FURTHER RESOLVED that the bond filed with the applica- tion be approved. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. RESOLUTION NO. 5-42 WHEREAS, applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined: 1~TOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dubuque that the fol- lowing applications be and the same are hereby approved and it is order- ed that the premises to be occupied by such applicants shall be forth- with inspected. Class "B" Permit Nick Krasner and Marie J. Kra- mer, 2222 Central Avenue. Joseph W. Hanteu and Virginia Hasten (transfer of address from 1638 Central Avenue), 305 Eighth Avenue. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. gV. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councihneu. Attest: J. J. Shea, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilman Murphy, Schueller Thompson, Wharton, Nays-None. RESOLUTION NO. 6-42 WHEREAS, heretofore applica- tions were filed by the within named applicants for Class "B" Beer Per- mits and they have received the approval of this Council; and WHEREAS, the premises to be occupied 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 Manager be and he is hereby di- rected to issue to the following named applicants a Beer Permit. CLASS "B" PERMIT Nick Kramer and Marie J. Kra- mer, 2222 Central Avenue. Joseph W. Hasten and Virginia Hasten (transfer of address from 1638 Central Avenue), 305 Eighth Avenue. BE IT FURTHER RESOLVED that the bonds filed by such appli- cants be and the same are hereby approved. Passed, adopted and approved this 27th day of January, 1942. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded 19 Special Session, January, 27th, 1942 by Councilman Murphy. Carried by the following vote: I eas-Mayor Van Duelman, Councilmen lIurphy, Schueller, Thompson, ~V h a r t o n. Nays-None. RESOLUTION NO. 7-42 S~'HEREAS, the Planning' and Zoning Commission of the City of Dubuque recommended to the City Council the chang'ing' of the Zoning' '' NTap by striking fi°om ARTICLES VII LIGHT INDUSTRIAL DIS- TRICT, Section 1 Subdivision "t2S) Junk or scrap storage or bailing of papers, rags or metals" and by add- ing' to Section 1, ARTICLE VIII HEAVY INDUSTRIAL DISTRICT, Subdivision "(9) Junk or scrap stor- age or bailing of papers, rag's or metals." jVHEREAS, the City Council deems it advisable to amend the Zoning Ordinance of the City of Du- buque to comply with the recom- mendations made by the Planning and Zoning Commission. WHEREAS, before the Zoning Map and the Zoning Ordinance of the City of Dubuque may be amend- ed and changed it is necessary that a public hearing be held. Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITI OF DU- BUQUE That there should be a public hearing on the question of striking from ARTICLE VII LIGHT INDUS- TRIAL DISTRICT, Section 1. Use Reg'ulatious, "(2S) Junk or scrap storage or bailing of papers, rags or metals," which permits all build- ings and premises to be so used in the Light Industrial District, and by amending ARTICLE VIII HEAVY INDUSTRIAL DISTRICT, Section 1. Use Regulations, by adding thereto "(9) Junk or scrap storage or bail- ing of papers, rags, or metals" which permits building's and premises to be so used in Heavy Industrial Dis- trict upon the approval of the Boarcl of Adjustment, acct that the City Clerk be and be is hereby directed to cause to be published in the Offi- cial Newspapers of the City of Du- buque notice of such hearing to be held by this Council upon the pro- posed change and amendment, that the time and place be and the same is hereby filed for said hearing at 7:30 P. M. February 17th, 1942 in the City Council Chamber in the City Hall, Dubuque, Iowa. Saicl no- tices to be so published as to leave at least fifteen clays l~etweeu• the day of the publication and the time fined for said hearing and that at said hearing any aucl all interested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 27th clay of January, 1942. FRANK VAN DUELMAN, 11Tayor. F. ~V. THO-TPSON, ALBERT WHARTON, B. A. SCHUELLER, C,EO. R. 1\TURPHY, Councilmen. Attest: J. J. Shea, City Clerk. Councilman ~Vha,rtou moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Cotuicilmen Murphy, Schueller, Thompson, ZV h a r t o n. \Tays-None. There tieing no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Van Duel- man, Councilmen 1\Turphy, Schuel- ler, Thompson, Wharton. Nays- Noue. J. J. SHEA, City Clerk. Approved ................................... 1942 Adopted ..................................... 1942 Councilmen : l ...................................... Attest : ................................................ City Clerk.