1941 September Council ProceedingsRegular session, L
'.!~` ~
(Official)
Regular Session, September 1st, 1941.
No members of the Council being
present on roll call, the meeting was
postponed subject to call.
J• J• SHEA,
City Clerk.
Approved ______________________1941.
Adopted ________________________1941.
----------------------
Councilmen: ______________________
September lst, 1941.
Attest: ___________________________
City Clerk.
211
212 Adjourned Regular Session, September 2nd, 1941
(Official.)
Adjourned Regular Session, Septem-
ber 2nd, 19-11.
Council met at 7:45 P. M
Street to University Avenue thence
oter University Avenue and rejoin
Highway 20 at Center Grove. lVfr. Fal-
kenhainer was informed that upon com-
pletion of the new Dubuque and last
Dubuque Bridge that the Council would
then meet with the highway committee
of the Chamber of Commerce and rep-
resentatives of the Dubuque Automo-
bile Club for the purpose of discussing
City routes.
Present-Mayor Van Duehnan, Coun-
cilmen Murphy, Schueller, Thompson,
Wharton, City 1\Iattager Rhomberg.
Mayor Van Duehnan stated that this
meeting is an adjourned meeting of the
regular meeting of September 1st,
1941, for the purpose of acting upon
such business as may properly come be-
fore a regular meeting of the City
Council.
Petition of Payson Berg et al, citi-
zens and taxpayers of the City of Du-
buque with boathouses in the Dubuque
Harbor, and citizens and taxpayers of
the City of Dubuque who are in sym-
pathy with their cause, appealing to the
City Council from a ruling of the City
Docks Commission which fixes a fee of
X1.00 per front foot per annum on all
boathouses in the harbor and asl~ing
that the fee be fixed at 50 cents per
front foot per annum, presented and
read. Councilman Wharton moved
that the rules be suspenclecl for the
purpose of allowing any one present in
the Council Chamber, ~vho wishes to
do so, to address the Council. Second-
ed h}- Councilman Schueller. Carried
by the follo«ing rote: Yeas-i\Iayor
Van Duehnan, Councilmen ilfurohy,
Schueller, Thompson, Wharton. Nays
-Non°. 1-Iessrs. George Lambert and
Emil Deutmeter addressed the Council
in support of the petition and requested
the Council to aid the petitioners in
hating the rental fce reduced from X1.00
per front foot to 50 cents per front
foot. Councilman Schueller moved
that the petition be referred to the
Council for the purpose of holding a
meeting with the Docle Board, said
meeting to he held at 7 o'clock P. 1\~1.
nn Thursday, September 11th, 1941, on
this matter and all interested parties
are invited to be present at said meet-
ing and the City Manager to fie in-
structed to contact the Dock Board and
request a continuance of the suits now
pending, Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Van Duehnan,
Councilmen Mttrphy, Schueller,
Thompson, Wharton. Nays-None.
Mr. Charles Falkenhainer addressed
the Council relative to a City Routing
being established as an alternate to
U. S. Highway No. 20 and that said
City Route be routed so that it will
pass over Loras Boulevard to Alta
Vista Street thence south on Alta Vista
Mr. Ben Baumhover and 1\~Ir. ~Vil-
liam 1\~Iarkey addressed the Cottncil
stating that a petition had been filed by
them for the construction of a sanitary
server in Dodge Street from the present
manhole in Stetmore Street easterly to
a point approximately 90 feet north of
the northerly line of Fremont Avenue
and stated that the}* would like to have
some information as to what action has
been taken on their petition.
September 2, 1941.
To the Honorable 1\Iavor and
City Council, Dubuque, Iowa.
Gentlemen-At the session of the
City Council held July 25th, upon re-
ceipt of the petition of B. L. Baum-
hover, et al, the 1\Ianager was iush-uct-
ed to prepare a plat and schedule show-
ing the cost to be assessed against the
benefitted property for the construction
of a saniary sewer in Dodge Street
Erotn the present manhole in Stetmore
Street easterly to a point approximately
90 feet north of the northerly line of
s~remnnt A~-enue.
The plat and schedule were prepared
and nre~eutecl to the Council ou Au-
g tst ~? st and the problem of financing
the project was discussed. No action
;i-as tal.en pending a determination of
whether the property owners «-ould
pay in cash, since only $310.00 could
he collected on an assessment basis
because of the low / assessed valtta-
tion of the property, against an esti-
mated total cost of $1,721.71. I have
contacted most of the property owners
and find that with the exception of the
petitioners, the owners are not able nor
Milling to pay cash iu full. Because
this project cannot be properl}~ financed,
I recommend that the petition and the
attached plat and schedule be received
and filed.
Respectfully submitted,
A. A. RHO1~fB]RG,
City 1l~Ianager.
Councilman Murphy moved that the
recommendation of City IVlanager
Rhomberg be approved. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duehnan, Councilmen :Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Communication of W. J. Whalen,
Superintendent of the Chicago, Mil-
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Adjourned Regular Session, September 2nd, 1941 ? 13
Waukee, St. Paul and Pacific Railroad
Company submitting two copies of a
proposed agreement providing for pay-
ment by the railroad company of
$5,000.00 in full discharge of its obliga-
tion to pave Sycamore Street and re-
questing execution of said agreement
b}' the City of Dubuque presented and
read. Councilman Wharton moved
that the City Solicitor be instructed to
prepare a proper resolution covering
the execution of the agreement by the
City of Dubuque. Seconded by Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-IVlayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton, Nays-None.
Petition of Syl McCauley requesting
tivithdrawal of the application of the
Dubuque Sportsman's bodge for a
Class "B" beer permit presented and
read. Councilman Thompson moved
that the request be granted. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-:Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton, 1\Tays-None.
Petition of James A. Saul et al, re-
questing the installation of a street
light at the intersection of Plum Street
and Cleveland Avenue, presented and
read. Councilman Thompson moved
that the petition be referred to the
Council to view the grounds. Second-
ed by Councilman Schueller. Carried
by the following vote: Yeas-iVlayor
Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-I~TOne.
Petition of Carr, Adams & Collier
Company requesting permission to
cross under ~Im Street at the south
side of eleventh Street with pipes and
power cables to go under the sidewalk
on the south side of eleventh Street
from this point to the southeast corner
of hleventh and Washinton Streets
with pipes and a buried tank and then
to carry pipes hung on the side of their
building on Washington Street to a
point about 152 feet south presented
and read. Councilman Murphy moved
that the petition be referred to the
Council to view the grounds. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of O. Ni. Schmid estate, by
B. C. Schmid, et al, objecting to noises
by cut-outs and horns on automobiles
and motorcycles on L,oras Boulevard in
the vicinity of Main Street to Central
Avenue and requesting that action to
be taleen to eliminate said noises and al-
so requesting that the Council make an
immediate investigation with the object
of re-routing heavy traffic along con-
crete pavements thru a business district
instead of the residential district as set
out in the zoning ordinance, presented
and read. Councilman Murphy moved
that the petition be referred to the Chief
of Police for investigation and enforce-
ment. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-11~Iayor Van Duelman, Council-
men IVlurphy, Schueller, Thompson,
Wharton. Nays-None.
Petition of Clarence N. Hocking, et
al, requesting the opening and grading
to a proper grade the Alley between
O'Neill Street and Groveland Place
from Burden Street to Brunswick
Street presented and read. Councilman
V~Tharton moved that the petition be
referred to the Council to view the
grounds. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen illurphy, Schueller, Thomp-
son, Wharton. Nays-None.
Petition of Della C. Thul, referred to
the City Council by the Board of Su-
pervisors, requesting cancellation of
the 1910 taxes on the South Z feet 6
inches of I,ot 2 and all of I,ot 3 of
hleinschmidt's Subdivision, presented
and read. Councilman Thompson
moved that the petition be referred to
the City Solicitor for investigation and
report. Seconded by Councilman Mur-
phy, Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men A~Iurphy, Schueller, Thompson,
Wharton. Nays-None.
Petition of Geo. B. Collinson, re-
ferred to the City Council by the Board
of Supervisors, requesting cancellation
of the 1910 taxes on Taots 17 to 2~1 in-
clusive of Block 2 of Grandview Park
Addition, presented and read. Cotmcil-
man Thompson moved that the petition
be referred to the City Solicitor for
investigation and report. Seconded by
Councilman ~-Iurphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton, Nays-None.
Petition of 1\Irs. Mary Brandt, re-
ferred to the City Council by the Board
of Supervisors, requesting suspension
of the 19.10 taxes on the South % of
I,ot 162 of bast Dubuque Addition,
presented and read. Councilman
Thompson moved that the petition be
referred to the City Solicitor for inves-
tigation and report. Seconded by Coun-
cilman Murphy, Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of John J. Mueller request-
ing apermit to operate a dairy for the
purpose of pasteurizing and bottling
milk at 2197 Delhi Street, presented and
read. Councilman Murphy moved that
the petition be referred to the Planning
214 Adjourned Regular Session, September 2nd, 1941
and Zoning Commission for their rec-
ommendation and report. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas - Nlayor Van
Duelman, Councilman Murphy, Schuel-
ler, Thompson, Wharton. Nays -
None.
Ordinance NO. 22-41. An Ordinance
Amending and Changing Zoning Map
of the City of Dubuque as provided by
Ordinance No. 3-34 Designated "Zon-
ing Ordinance of the City of Dubuque"
so as to change to "illulttple Residence
District" certain defined territory now
delimited as "Two-Family Restdence
District" and declaring an emergency,
said ordinance having been passed up-
on first and second readings on Au-
gust 21st, 1941, and ordered placed on
file with the City Clerk for public in-
spection for at least one week before
its final adoption, presented and read
a third time.
ORDINANCE NO. 22-41.
Is,
An Ordinance Amending and Chang-
ing Zoning Map of the City of Du-
buque as Provided by Ordinance No.
3-34 Designated "Zonng Ordinance of
the City of Dubuque" so as to change
to "Multiple Restdence District" Cer-
tain Defined Territory now Delimited
as "Two-Family Residence District"
and Declaring an Emergency.
WHEREFORE, it is deemed advis-
able by this City Council to amend the
Zoning n/ap of the City of Dubuque
as provided by Ordinance No. 3-3-1 des-
ignated as "Zoning Ordinance of the
City of Dubuque," so as to change to
"Multiple Residence District," certain
defined territory now delimited as
"Two-Family Residence District"; and
WHEREAS, notice of such proposed
change has been published as provided
by law and an opportunity afforded to
any and all parties interested and citi-
zens to object thereto at a public meet-
ing held at 7:30 p. m., August 21st,
1941; and
tiVHEREAS, no objections have been
filed or made to the proposed changes;
Now, Therefore,
BE IT ORDAINED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE:
Section 1. That the Zoning Map be,
and the same is hereby amended and
changed as follows:
By changing from "Two-Family
Restdence District" to "Multiple Rest-
dence District," the area described as
follows:
Lots 1 to 18 inclusive in Sub. of
Out Lot No. 724 in the City of Du-
buque, Iowa.
Section 2. This Ordinance shall be
in force and effect ten (10) days from
and after its final passage, adoption
and approval by the City Council and
publication as provided by law.
Section 3. The cost of publication
of this Ordinance shall be paid for by
the parties who have requested the
change.
Passed upon first and second read-
ings this 21st day of August, 1941.
Passed ,adopted and approved on final
reading, this 2nd day of September,
1941.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. 1\~IURPHY,
Councilmen.
Attest: J. J. SHEA,
City Clerk.
Published officially in The Telegraph-
Herald newspaper and The Daily Trib-
une newspaper this 4th day of Septem-
ber, 1941.
J. J. SHEA,
9-4-1t. City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Ordinance \?o. 23-41. An Ordinance
Amending and Changing Zoning Map
of the City of Dubuque as provided by
Ordinance No. 3-34 designated "Zoning
Ordinance of the City of Dubuque" so
as to change to "Local Business Dis-
trict", certain defined territory now de-
limited as "Two-Family Residence Dis-
trict" and declaring an emergency, said
ordinance having been passed upon first
and second reading on August 21st,
1941, and ordered placed on file with
the City Clerk for public inspection for
at least one ~veelc before its final adop-
tion, presented and read a third time.
ORDINANCE NO. 23-41.
An Ordinance Amending and Chang-
ing Zoning 1llap of the City of Du-
buque as Provided by Ordinance No.
3-34 designated "Zontng Ordinance of
the City of Dubuque" so as to Change
to "Local Business District," Certain
Defined Territory now Delimited as
"Two-Family Residence District" and
Declaring an Emergency.
WHEREFORE, it is deemed advis-
able by this City Council to amend the
Zoning Map of the City of Dubuque as
provided by Ordinance No. 3-34 desig-
=vi
,~
:~
t
Adjourned Regular Session, September 2nd, 1941 215
nated as "Zoning Ordinance of the City
of Dubuque," so as to change to "Local
Business District" certain defined terri-
tory now delimited as "Two-Family
Residence District"; and
~VH~R)~AS, notice of such proposed
change has been published as provided
by la~v and an opportunity afforded to
any and all parties interested and citi-
zens to object thereto at a public meet-
ing held at 7:30 p. m., August 21st,
1941; and
WH)~RI~AS, no objections have been
filed or made to the proposed changes;
Nov, Therefore,
C Y OUNCDII,IOFDTH) CITY
OF DUBUQUE:
Section 1. That the Zoning Nlap be,
and the same is hereby amended and
changed as follows:
ReBsidenceaDist~ct'frto '`L,o al Businelss
District," the area described as follotivs:
That the local business district,
90 feet by 384 feet, now existing on
the North side of Dodge Street
where Dodge Street intersects with
Bryant Street, be extended easterly
160 feet to a line parallel to the east
boundary of L,ot 1 of 2 of 1 of 1
of IViineral I,ot 67 in the City of
Dubuque, and be extended north-
erly to a total depth of 150 feet
from the south property line of
such Mineral L,ot 67 along Dodge
Street all as shown in a plat now
on file in the office of the City
Clerk.
Section 2. This Ordinance shall be
in force and effect ten (10) days from
and after its final passage, adoption
and approval by the City Council and
publication as provided by law.
,'„
Section 3. The cost of publication
of this Ordinance shall be paid for by
the parties who have requested the
change.
Passed upon first and second read-
ings this 21st day of August, 1941.
Passed, adopted and approved on
final reading, this 2nd day of Sep-
tember, 1941.
FRANK VAN DUDI,MAN,
Mayor.
F• W. THOMPSON,
AL,B)?RT WHARTON,
B. A. SCHUEL,I,)~R,
G;~O. R, MURPHY,
Councilmen.
Attest: J. J. SH1~A,
City Clerk.
Published officially in The Telegraph-
Herald newspaper and The Daily Trib-
une newspaper, this 4th day of Sep-
tember, 1941.
J• J. SH)~A,
9-4-1t. City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Council Proceedings for the month
of June, 1941, presented for approval.
Councilman Murphy moved that the
Council Proceedings for the month of
June, 1941, be approved as printed,
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
lllayor Van Duelman, Councilmen
T-Iurphy, Schueller, Thompson, Whar-
ton. Naps-None.
Proofs of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which ~j=arrants were drawn during the
month of July, 1941. Councilman Mur-
phy moved that the proofs of publica-
tion be received and filed. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas - Mayor
Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-None.
September 2, 1941.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen-At the session of the
City Council held July 22, 1941, the pe-
tition of ]~. N. Joy, et al, requesting
the installation of a street light at the
intersection of Milwaukee and Jackson
Streets was referred to the Council to
view the grounds.
The Council viewed the site on Au-
gust 23rd and approved the request. I
recommend that the action of the
Council be confirmed.
Respectfully submitted,
A. A, RHOMBI~RG,
City Manager.
Councilman Schueller moved that the
recommendation of City Manager
Rhomberg be approved and the deci-
sion of the Council be confirmed. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Niayor Van Duelman, Councilmen
Rlurphy, Schueller, Thompson, Whar-
ton. Nays-None.
September Z, 1941.
To the Honorable Nlayor and
City Council, Dubuque, Iowa.
Gentlemen-At the session of the
City Council held August 4th, 1941, the
petition of the Trustees of the property
of the Chicago, Milwaukee, St. Paul
216 Adjourned Regular Session, September 2nd, 1941
';' _.,
and Pacific Railroad Company request-
ing permission to construct a spur or
industry track across Jones Street was
referred to the Council to view the
grounds.
The site vas visited on August 23rd
and the Council approved the request
with the stipulation that the petitioner
pay all he costs. I, therefore, recom-
mend that the acion of the Council be
coniu-med and the City Solicitor be in-
structed to prepare the proper pro-
ceedings.
Respectfully submitted,
A. A. RHOMB~RG,
City Manager.
Councilman 11lurphy moved that the
recommendation of City Alanager
Rhomberg be approved and the deci-
sion of the Council be confirmed and
that the City Solicitor be instructed to
prepare the proper proceedings as rec-
ommended. Seconded by Councilman
Schueller. Carried by the following
vote: Peas-'Mayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, \VI•:arton. Nays-None.
September 2, 1941.
To the Honorable 1\Iayor and
City Council, Dubuque, Iowa.
Gentlemen-This is to advise that 1
have approved the following bond and
desire to have your approval on same
for filing:
P~RSONAIJ
I~dward M. Tschirgi, Accountant-
~Vater Department, Alassachusetts
Bonding and Insurance Co.
Respectfully submitted,
A. A. RHOlIIB~RG,
City Manager.
Councilman Murphy moved that the
bond be approved and placed on file.
Seconded by Councilman Thompson.
Carried by the following vote; Yeas-
1'[a}*or Van Duelman, Councilmen 11Iur-
phy, Schueller, Thompson, Wharton.
Navs-None.
September 2, 1941.
Tn the Honorable Mavor and
City Council, Dubuque, Iowa.
Gentlemen-At the session of the
City Council held June 24th, the peti-
tion of the Perfection Oil Company re-
questing permission to erect a sign
standard at the curb on the corner of
Third and Locust Streets vas referred
to tl~e Council to view the grounds.
Before the Council eiewed the site on
August 23rd the Company had changed
its plans and erected the standard on
its own property with the sign over-
hanging the sidewalk. The required
bond for the sign has not yet been
posted, but the Building Commissioner
has been instructed to obtain the bond
or order the sign removed.
Respectfully submitted,
A. A. RHOMBI;RG,
City Manager.
Councilman Thompson moved that
the communication of City Manager
Rhomberg be received and made a
matter of record. Seconded by Coun-
cilman Schueller Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen D/urphy, Schueller,
Thompson, Wharton. Nays-None.
September 2, 1941.
To the Honorable iVlayor and
City Council Dubuque Iowa.
Gentlemen-At the session of the
City Council held August 4th, the peti-
tion of D. D. Taylor, et al, requesting
the installation of a street light at the
corner of Atlantic and Delaware
Street was referred to the Council to
~ iew the grounds.
On August 23rd the Council viewed
the site and decided that the present
street light at Atlantic and Decorah
Streets would handle the problem if its
position with respect to the enveloping
trees were improved. I recommend
that the decision of the Council Ue con-
rmed.
Respectful)}~ submitted,
City Manager.
Councilman Murphy moved that the
recommendation of City Manager
Rhomberg be approved and the deci-
sion of the Council be confirmed. Sec-
onded b}~ Councilman Thompson. Car-
ried by the following vote: Yeas-
1llayor Van Duelman, Councilmen Zlur-
phy, Schueller, Thompson, ZVharton.
Nays-None.
September 2, 19-11.
To the Honorable 1\Iayor and
City Cotmcil, Dubuque, Iojva
Gentlemen-At the session of the
City Council held Jul}~ 22nd, the peti-
tion of G. C. Scheirer, et al, requesting
the installation of a street light at or
near the intersection of 31st and Tack-
son Streets tvas referred to the Council
for further consideration.
The Council later decided to grant
the request. I recommend that the de-
cision of the Council be confirmed.
Respectfully submitted,
A. A. RHOMB$RG,
City Manager.
Councilman Schueller moved that the
recommendation of City Manager
Rhoml-erg he approved and the deci-
sion of the Council be confirmed. Sec- '
onded by Councilman Murphy. Car-
iied b}* the following vote: Yeas -
Adjourned Regular Session, September Znd, 1941 217
Mayor Van Duelman, Councilmen Mur- received the approval of this Council;
PhY, Schueller, Thompson, Wharton. and
Nays-None.
,~:E
Resolution Pero. 103-41.
Whereas, Applications for Beer Per-
mits have been submitted to this Coun-
cil for approval and the same have been
examined; 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 appli-
cant shall be forthwith inspected.
Class "B" Permit
Name Address
John A. Armstrong and Harriett Arm-
strong, 398 Main Street.
John A. Hochberger and William
Hochberger, 1701 Asbury Street.
William Spear and Mrs. Ivy Ritten-
house, 1654 Central Avenue.
Patrick R, Kennedy and Minnie Ken-
nedy, 2412 Central Avenue.
Ittrs. Viola Grode and Harry Grode,
1643 Central Avenue.
F. H. L,enstra, 127 `Vest Sixth Street.
Alois O. Weitz and Nellie Zvl. tiVeitz,
201 $ast 22nd Street.
Gust Billis and Madeline Billis, 605
1blain Street.
George Nardin and Rose Nardin, 1105
University Avenue.
Class "B" Permit for Private Club
Dubuque bodge 1Vo. 355 Loyal Order
of Moose, 1379 Central Avenue.
Class "C" Permit
Tenenbom Super-Market, Inc., 630 Lo-
cust Street.
Passed, adopted and approved this
2nd day of September, 1941.
FRANK VAN DU~LTIAN,
F• «T. THOMPSOI~T, Mayor,
AL,BRRT ~~THARTON,
B. A. SCHU~LLI;R,
GAO. R. MURPHY,
Councilmen.
Attest: J. J, SHRA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-1\Iayor Van
Duelman, Councilmen 1\Iurphy, Schuel-
ler, Thompson, \Vharton. Nays-None.
Resolution 1~Io. 104-41
Whereas, Heretofore applications
were filed by the within named appli-
cants for Beer Permits and they have
Whereas, the premises to be occupied
by such applicants have been inspected
and found to comply with the ordin-
ances of this City and they have filed a
proper bond; Now, Therefore,
Be It Resolved, by the City Council
of the City of Dubuque that the Man-
i~ue bo thedfo lowing named apph cnts
a Beer Permit,
Class "B" permit
Name Address
John A. Armstrong and Harriett Arm-
strong, 398 Main Street.
John A. Hochberger and William
Hochberger, 1701 Asbury Street.
William Spear and Mrs. Ivy Ritten-
house, 1654 Central Avenue.
Patrick R. Kennedy and Minnie Ken-
.. nedy, 2412 Central Avenue.
Mrs. Viola Grode and Harry Grode,
1643 Central Avenue.
F. H. I,enstra, 127 West Sixth Street.
Alois O. Weitz and Nellie M. Weitz,
20t'~ast 22nd Street.
Gust Billis and Madeline Billis, 605
Main Street.
George Nardin and Rose Nardin, 1105
University Avenue.
Class "B" Permit for Private Club
Dubuque bodge No. 355 Loyal Order
of Moose, 1379 Central Avenue.
Class "C" permit
Tenebom Super-11larlcet, Inc., 630 Lo-
cust Street.
Be It Further Resolved, That the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
2nd dap of September, 1941.
FRANK VAN DU$LMAN,
F. \V. THOhIPSON, Mayor,
ALBERT WHARTON,
B. A. SCHU~I,I,BR,
G$O. R. MURPHY,
Councilmen,
Attest: J• J• SHWA, City Clerk,
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Wharton. Carried by the
fo11o5ving vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, \Vharton. Nays-None.
Resolution No. 105-41. Preliminary
approval of plans, specifications, form
of contract, plat and schedule and all
other documents for the resurfacing of
ZVest Third Street from the 1~ast prop-
21S Adjourned Regular Session, September 2nd, 1941
erty line of Burch Street to the \Vest
property lice of Alpine Street South
presented and read. Councilman
Thompson moved the adpotion of the
resolution. Seconded by Councilman
Alurphy. Carried by the following
ote: Yeas-mayor Van Duelmau,
Councilmen lllurphy, Schueller, Thomp
inn, \l'l:arion. Naye. D,"nne.
Resolution No. 106--41. Resolution of
~~ecessity for tiie resurfacing of \\Test
1 hircl ~~treet from the $ast property
line of Uurch Street to the \Vest prop-
ert~ iine of Alpine Street South pre-
sented and read. Councilman Tltontp-
son moved that the resolution be ap-
proved and placed on file for public in-
spection and final action. Seconded b}-
Councihnan Itfurphy. Carried by the
foilowing vote: Yeas-A~Iayor Van
Duelttan, Councilmen i\Iurphy, Schuel-
ler, `l'hompsom, \Vharton. Nays-None.
Resolution No. 107-~41. Resolution
fi~.ing date of hearing on the proposed
plans and specifications proposed form
of contract, plat and schedule, cost of
impro~°ement and the proposed Resolu-
tion of Necessity for the resurfacing of
\\".st Third Street from the 1?.ast prop-
erty line of }3tn-ch Street to the \Vest
property line of Alpine Street South
presented and read. Councilman
Thompson moved the adoption of the
resolution. Seconded lv Councilman
11lurphy. Carried by the following
vote: Yeas-Mayor Van Duelmau,
Councilmen Murphy, Schueller, Thomp-
son, \Vharton. Nays-None.
There being no further business,
Councilman Thompson moved to ad-
iourn. Seconded by Councihnan
\Vharton. Carried by the following
vote: Yeas-IVlayor Van Duelmau,
Councilmen Dlurphy, Schueller, Thomp-
son, \Vharton. Nays-None.
J• J~ Sx>~A,
Cit}~ Clerk.
Approved ----------------------19-41.
Adopted -----------------------19.41.
Councilmen ~ _______________________
~~~ ~~
Special Session, September 2nd, 1941. 219
''~ - ;
~ ~; ~ ~
(®fficial)
Special Session, September 2nd, 1911.
Board met at 9:00 P, l~I.
Present-Chairman Frank Van Duel-
man, Messrs. Geo. R. Murphy, B. A.
Schueller, F. W. Thompson and Albert
Wharton,
Resolution IVo. 10~-41.
Whereas, it is provided by Section 9,
Chap, 117, of the laws of the 49th Gen-
eral Assembly "that local registrars in
cities having a population of thirty-five
thousand (35,000) or more, shall be ap-
pointed by the local board of health. A
copy of such appointments and assign-
ments shall be kept as a permanent rec-
ord in the office of the county registrar
and a copy thereof shall be forwarded
to the state registrar"; and
Whereas, it is reemed advisable by
the Board of Health to comply with
the statute as enacted; Now, Therefore,
Be It Resolved By The Board of
Health of the City of Dubuque, That
Miss 1\Iae Moore be, and she is hereby
appointed local registrar of the City of
Dubuque, and that a copy of such ap-
pointment shall be sent to the county
registrar to be kept as a permanent
record in the office of the county regis-
trar, and a copy thereof shall be for-
warded to the state registrar.
Passed, adopted and approved this
2nd day of September, 19=11.
FRANK VAN DUHI,MAN,
F. W. THOI\IPSON,
AL,BI;RT WHARTON,
B. A. SCHUEI,L,)~R,
GDO. R. MURPHY,
Board of Health.
Attest: J. J. SHWA, Cleric.
Mr. Geo. R. Murphy moved the adop-
tion of the resolution, Seconded by Mr.
F. W. Thompson, Carried by the fol-
lowing vote: Yeas-Chairman Frank
Van Duelman, Messrs. Geo. R. Mur-
phy, B. A. Schueller, F. W. Thompson,
Albert Wharton. Nays-None
There being no further business, Mr
Albert Wharton moved that the Board
of Health adjourn. Seconded by Mr.
B. A. Schueller. Carried by the follow-
ing vote: Yeas-Chairman Frank Van
Duelman, Messrs. Geo. R. Murphy, B,
A. Schueller, F. W. Thompson, Albert
Wharton. Nays-None.
J. J• SHI;A,
Clerk, Board of Health,
Approved ______________________1941.
Adopted _______________________1941.
Members of, _______________________
Board ofd ________________ _
- ----°
Health}_______________________
Attest ------------------------
Clerk, Board of Health,__
2~0 Special Session, September 11th, 1941.
~~~~ ~~~•
(®fficial)
Special Session, September 11th, 19.11.
Council met at 7:30 P. 11.
Present-Mayor Van Duelman, Coun-
cilmen Murphy, Schueller, Thompson,
'\Vharton, City &Iauager Rhomberg.
Meeting called by order of Council-
men Thompson and \Vharton.
1~Iayor Van Duelman read the call
and stated that service thereof had been
duly made and that this meeting is
called for the purpose of conducting a
public hearing upon the proposed plans
and specifications, form of contract,
plat and schedule and proposed Reso-
lutions of Necessity for the construc-
tion of sanitary sewers in Fremont Ave-
nue and in Plum Street and acting on
any other business as may properly
come before a regular meeting of the
Cit}~ Council.
Proofs of publication, certified to by
the publishers, of notice of hearing upon
the proposed plans and specifications,
form of cuutract, and cost of construc-
tion of a six-inch vitrified the sanitary
seiner in Fremont Avenue northeasterly
from the present manhole in Coates
Street to L,ot 2 of -4 of Fremont Avenue
Subdi~•ision and southerly to Zartburg
Place and in Wartburg Place southerl}~
fi-om l'remont .1t"en!te to I,ot 1 of 1 of
of lI. I,. 1?9, ~iresented and read.
No v,-ritten objections filed and uo ob-
jectors present in the Council Chan! -
ber. Councilman 'Thompson mooed
that the proofs of publication be re-
ceived and filed. Seconded b}~ Council-
man Schueller. Carried by the foilo~v-
ing <rote: Yeas-l~layor Van Duelman,
Councilmen Iilurphy, Schueller, Thomp-
son, '\Vharton. Nays-None.
Proofs of publication, certified to by
the publishers, of notice of pendency
of resolution of necessity and hearing
upon proposed plans and specifications,
form of contract and cost of construc-
tion of a six inch vitrified the sanitary
sewer in Fremont Avenue northeasterly
from the present manhole in Coates
Street to L,ot 2 of 4 of Fremont Ave-
nue Subdivision and southerly to ZVart-
burg Place and in Wartburg Place
southerly from Fremont Avenue
to I,ot ~ 1 of 1 of 2 of IVI. I,. 139,
presented and read. No written objec-
tions filed and no objectors present in
the Council Chamber. Councilman
Thompson moved that the proofs of
publication be received and filed. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
A~Iayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Resolution No. 109-~}1. Decision of
the Council upon objections filed to
plans, specifications, form of contract
and cost of construction of a six inch
vitrified the sanitary sewer in Fremont
Avenue northeasterly from the present
manhole in Coates Street to I,ot 2 of -1
of Fremont Avenue Subdivision and
southerly to Wartburg Place and in
~'\%artburg Place southerly from Fre-
mont Avenue to Z,ot 1 of 1 of 2 of
bI. I,. 139, presented and read. Coun-
cilman Wharton moved the adoption of
the resolution. Seconded b}' Council-
man Thompson. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Resolution No. 101-~11. Resolution of
Necessity for the construction of a sis
inch vitrified the sanitary server in Fre-
mont Avenue northeasterly from the
present manhole in Coates Street to
I,ot 2 of -1 of Fremont Avenue Subdi-
vision and southerly to Wartburg Place
and in Wartburg Place southerly from
Fremont Avenue to L,ot 1 of 1 of 2 of
AI. L,. 139, said resolution having been
approved and placed on file for final
action on August ?1st, 19.11, presented
and read for final adoption. Cnuncil-
ntan Murphy moved the adoption of
the resolution. Seconded by Council
man Thompson. Carried by the fol-
loti•ing vote: Yeas-itelavor \Tan Duel-
!nan, Councilmen Murph}r, Schuller,
Thompson, Z';'harton. Nays-None.
Resolution No. 110-41. Resolution
orderitt!; construction and directing the
City Clerk to advertise for p!-oposals
for the constr!!tcion of a six inch vitri-
f ed sanitary sewer in Fremont Avenue
nor±heasteri}~ from the present manhole
in Coates Street to L,ot 2 of 4 of Fre-
mo.~t Avenue Subdivision and souther-
ly to \\'artburg Place and in Sartburg"
Place southerl}~ from Fremont Avenue
to L,ot 1 of 1 of 2 of 1\~I. L,. 139, present-
ed and read. Councilman Wharton
moved the adoption of the resolution.
Seconded by Councilman :~Iurnhv.
Carried by the following vote: Yeas-
1\Iayor Van Duelman, Councilmen 1\[ur-
nhv, Schueller, Thompson, \Vharton.
Nays-None.
Proofs of publication, certified to by
the publishers, of notice of hearing up-
on the proposed plans and specifica-
tions, form of contract and cost of con-
struction of a six inch vitrified the sani-
tary sewer in Plum Street from the
present manhole in Rush Street to two
hundred and eighty feet northerly, pre-
sented and read. No written objections
filed and no objectors present in the
Council Chamber. Councilman Mur-
phy moved that the proofs, of publica-
tion be received and filed. Seconded
b}r Cotmcilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton, Nays-None.
Proofs of publication, certified to by
the publisher of notice of pendency
of resolution of necessity and hearing
upon proposed plans and specifications,
form of contract and cost of construc-
tion of a six inch vitrified the sanitar}>
sewer in Plum Street from the present
manhole in Rush Street to two hun-
dred and eighty feet northerly, pre-
sented and read. No written objections
filed and no objectors present in the
Council Chamber. Councilman Mur-
phy moved that the proofs of publica-
tion be received and filed. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-1\~Iayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson ~ZTharton. Nays-None.
Resolution No. 111-41. Decision of
the Council upon objections filed to
plans, specifications, form of contract
and cost of construction of a six inch
vitrified the sanitary sewer in Plum
Street from the present manhole in
Rush Street to two hundred and eig:ay
feet northerly, presented and read.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen 1llurphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 98-41. Resolution of
Necessity for the construction of a six-
inch vitrified the sanitary sewer in
Plum Street from the present manhole
in Rush Street to two hundred and
eighty feet northerly, said resoultion
having been approved and placed on
file for final action ou August 21st,
19-11, presented and read for final adop-
tion. Councilman Thonipsou moved
the adoption of the resolution. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Tlayor Van Duelman, Councilmen
Tfurphy, Schueller, Thompson, Whar-
ton. Nays-None.
Resolution No. 112-41. Resolution
ordering construction and directing the
City Clerk to advertise for proposals
for the construction of six inch vitrified
the sanitary sewer in Plum Street from
the pesent manhole in Rush Street to
two hundred and eighty feet northerly
presented and read. Councilman
Thompson moved the adoption of the
- resolution. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, Wharton, Nays-None.
Proofs of publication, certified to by
the publishers, of notice of a public
hearing upon a proposal to amend and
change the Zoning Map by changing
from "Two-Family Residence Dis-
trict" to a "bight Industrial District"
hots Nos. 1, 2 and the Northerly 15
feet of L,ot No. 3 of Randall's Sub. No.
?, presented and read. No written ob-
jections filed and no objectors present
in the Council Chamber. Councilman
Thompson moved that the proofs of
publication be received anal filed. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Nlayor Van Duelman, Councilmen
Murphy, Schueller Thompson, Whar-
ton. Nays-None.
Ordinance No. 24-41. An Ordinance
Amending and Changing the Zoning
Map of the City of Dubuque as pro-
vided by Ordinance No. 3-34 designated
"Zoning Ordinance of the City of Du-
buque" so as to change to bight Indus-
trial District, certain defined territory
now delimited as Two-Family Resi-
dence District, presented and read.
Councilman Thompson moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Councilman Schueller. Carried by
the following vote: Yeas-Mayor
Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-None. Councilman Thompson tr}oved
that the rules be suspended requiring
an ordinance to be read on three sepa-
rate days. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-IVlayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, Wharton, Nays-None. The or-
dinance was then read a second time.
Councilman Thompson moved that the
reading just had be considered the sec-
on reading of the ordinance. Second-
ed by Councilman Schueller. Carried
by the following vote: Yeas-Mayor
Van Duelman, Councilmen 1\-Iurphy,
Schueller, Thompson, Wharton, Nays
-None, Councilman Thompson moved
that the ordinance be placed on file
with the City Cleric for public inspec-
tion for at least one week before its
final adoption. Seconded by Council-
man Schueller. Carried by the follow-
ing vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, Wharton. Nays-None.
September 10, 1941.
Honorable Mayor and Members of
City Council, City Hall, Dubuque, Iowa
Gentlemen: Referring to the meet-
ing scheduled for tomorrow evening,
September 11th, between the Dock
Commission, the City Council and a
number of the pleasure boat owners, I
sincerely regret that absence from the
city on the part of Mr. T. M. Stampfer
and myself will make it absolutely im-
possible for us to be present.
Mr. Stampfer left the City last Sun-
day for an extended trip which he had
planned for some time and it is imper-
ative that I be in Chicago on Friday
222 Special Session, September 11th, 1941.
morning to participate in the Midwest
$mergency Conference to be held at
the Hotel Morrison. Matters to be con-
sidered at this conference are of such
vital importance to our industries as
well as to our laboring people as to
make it inadvisable for me not to be
there.
Will you please see that the inter-
ested parties are notified, and I would
also suggest that a notice of the post-
ponement of this meeting be published
in both of our local papers, with the
assurance that the Dock Commission
will be most pleased to arrange to be
present at the next meeting of the City
Council which, I understand, is to be
held September 22nd or any other date
tivhich may be convenient far all con-
cerned.
Yours very truly,
J. A. K~RP~R, Chairman,
Board of Dock Commissioners.
Councilman Thompson moved that
the communication be received and
made a matter of record and the City
Manager be instructed to notify the
interested parties to be present at a
meeting to be held at 7:00 P. 117. on
September 22nd, 1941. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, ZVharton. Nays-None.
Petition of Senior High School re-
questing perrmission to stretch a banner
across plain Street between the Du-
buque Building and the building of the
Fitzpatrick Sporting Goods Company
beginning September 5 through Novem-
ber 14, presented and read. Council-
man Alurphy moved that the request
be granted. Seconded by Councilman
ZVharton. Carried by the following
vote: Yeas-Dfayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, Wharton. Nays-None.
Petition of Frank Nisius requesting
that he be granted a free licence to
peddle fruit and vegetables, presented
and read. Councilman Murphy moved
that the petition be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Van Duelman, Councilmen Mur-
phy, Schueller Thompson Wharton.
Nays-None.
Petition of John R. lace submitting
an offer of $10.00 per lot as payment in
full of the special assessments levied
against hots 30 and 31 in Quigley's
Subdivision of North part of Mineral
I,ot 157, presented and read. Council-
man Wharton moved that the petition
be referred to the City Manager for in-
vestigation and report. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of Franlc Spielman request-
ing arefund on his cigarette permit No.
144 as he has discontinued business, pre-
sented and read. Councilman Murphy
moved that the request be granted and
that the City Auditor be instructed to
draw a warrant in the amount of $75.00
in favor of Frank Spielman to cover
the refund for the period from October
1st, 19.11, to July 1st, 1942. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-IVlayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Communication of National Institute
of Municipal I,aw Officers urging the
City Council to authorize the City So-
licitor to attend the Annual meeting of
the National Insitute of Municipal L,aw
Officers to be held at Washington, D.
Co., on December 4th, 5th and 6th,
1911, presented and read. Councilman
Wharton moved that the City Solicitor
be requested to attend said meeeting
-the expenses of said trip to be borne
by the City of Dubuque. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-1\Iayor Van
Duelman, Councilmen Alttrphy, Schuel-
ler, Thompson, Wharton. Nays-None.
September S, 1941.
Honorable Mayor and Member of the
City Council, Dubuque, Iowa.
Gentlemen
Re: Complaint of O. 1VI. Schmid Estate
by B. C. Schmid and others.
An investigation of the above com-
plaint has been made and I herewith
submit a report of my findings.
A traffic count of the cars using the
intersection of 14th Street and Central
is self-explantory. It reflects however
that the flow of traffic is about all the
street can carry with the present traffic
control device in operation at this in-
tersection. I have been informed by
AIr. Bethke that many of the control
hoses are in need of replacement. I
would suggest that when they are re-
placed that a more modern type be se-
cured, one which will be sufficiently
flexible to meet any traffic eventuality
which might arise.
As regards Busses, about 12 to 20
busses use this intersection each hour.
The average car volume as regards the
direction traveled by busses is in the
neighborhood of 1000 cars per hour.
The chief objection to_the busses would
be the delay in picking up passengers.
It is suggested that a bus stop be pro-
vided on the east side of Central Ave-
nue just north of 14th Street. Busses
then twill not interfere with the free
flow of traffic when picking up passen-
gers.
In regard to horn blowing and other
loud noises emitting from vehicles it
would seem that there is no unusually
great amount of such in comparison
with the large flow of traffic over this
street. It would but take a surprising-
ly few of the cars blowing horns, etc„
to cause annoyance to residents. I
don't believe there is justification for
any special police effort in this regard.
The horn blowing, etc. would be just
occasional as regards the individual of-
fender and I don't believe a conviction
with a penalty would hold in court.
That there is constant noise, there
is no doubt-however, wherever this
traffic would be routed the same con-
dition will prevail.
Respectfully yours,
JOS. H. STRUB,
Chief of Police.
Councilman Wharton moved that the
recommendation of Chief of Police
Strub be approved. Seconded by
Councilman Thompsn. Carried by the
following vote: Yeas-Mayor Van
Duelhan, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
September 8th, 1941.
To the Honorable Mayor and
City Council, Dubuque, Iowa:
Gentlemen-I herewith submit the
reports of the City Auditor, City Treas-
urer, City Health Department, City
Recreation Director and City Water-
works, also a list of claims and payrolls
for tivhich warrants were drawn during
the month of August, 1941, The Du-
buque Playground report for the year
1941 is also included.
Respectfully submitted,
A. A, RHOMB~RG,
City Manager.
Councilman Thompson moved that
the reports be received and placed on
file. Seconded by Councilman 1\Iurphy.
Carried by the following vote: Yeas--
Mayor Van Duelman, Councilmen Mur-
phy, Schueller, Thompson, Wharton.
Nays-None.
September 11, 1941.
To the Honorable 11layor and
City Council, Dubuque, Iowa:
Gentlemen-At the session of the
City Council held July 22nd, 1941, the
petition of Mrs. August Klein request-
ing that she be reimbursed in the
amount of $31.25 for the unnecessary
excavation to locate the stopped sewer
at 1922 Rosedale Street was referred to
the City Manager and City Solicitor for
investigation and report.
We have investigated the case and
recommend that a warrant in the
amount of $34:25 be ordered drawn on
the Main Sewer in favor of H. B. Mc-
Carten, the plumber who did the work,
upon the filing of the proper release by
Mrs. August Klein.
Respectfully submitted,
A, A. RHOMB~RG,
City Manager.
JOHN J. KINTZINGI;R,
City Solicitor.
Councilman Thompson moved that
the recommendation of City Manager
Rhoinberg and City Solicitor Kintzin-
ger be approved and that the City Au-
ditor be instructed to draw a warrant
in the amount of $34.25 on the Main
Sewer Fund in favor of H. B, McCar-
ten, said warrant to be delivered upon
the filing of a proper release by Mrs.
August Klein. Seconded by Council-
man Wharton. Carried by the follow-
ing vote: Yeas-Mayor Van Duelman,
Councilmen IVlurpry, Schueller, Thomp-
son, Wharton, Nays-None.
Septemebr 9, 1941.
Honorable 1Vlayor and Members of the
City Council, City of Dubuque, Iowa:
Gentlemen:
In Re: Petition of Mrs. Mary Brandt
for Suspension of 1940 taxes on:
Dast Dubuque Add. S/ of L,ot 162,
asking that the 1940 taxes be suspend-
ed because of infirmity and unemploy-
ment, I recommend that the Petition
should be approved by the City Coun-
cil of the City of Dubuque and notifica-
tion of such approval given to the
Board of Supervisors of Dubuque
County, Iowa.
JOHN J, KINTZING~R,
Respectfully submitted,
City Solicitor.
Councilman Wharton moved that the
recommendation of City Solicitor
Kintzinger be approved and the peti-
tion of 1\Srs. Mray Brandt requesting
suspension of the 1940 taxes on the
South % of Lot 162 Dast Dubuque Ad-
dition be granted and the Board of Su-
pervisors to be notified of the action of
the City Council. Seconded by Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson Wharton. Nays-None.
September 9, 1941.
HonorableMayor and Members of the
City Council, City of Dubuque, Iowa:
Gentlemen:
In Re: Petition of Della C. Thul for
Cancellation of 1940 taxes on:
S. 2'-6" of I,ot 2 of Klenschmidt's
Sub., I,ot 3 Kleinschmidt's Sub.
asking that the 1940 taxes be cancelled
because of infirmity, I recommend that
the Petition should be approved by the
City Council of the City of Dubuque
,;.
-.1
224 Special Session, September 11th, 1941.
for suspension of said taxes, and notifi-
cation of such approval given to the
Board of Supervisors of Dubuque
County, Iowa.
Respectfully submitted,
JOHN J. KINTZING>~R,
City Solicitor.
Councilman Thompson moved that
the recommendation of City Solicitor
Itintzinger be approved and the peti-
tion of Della C. Thul requesting can-
cellation of the 19$0 taxes on the South
2 feet 6 inches of Lot 2 and all of Lot
3 of Kleinschmidt's Subdivision be de-
nied, but a suspension of said taxes be
ordered granted, and the Board of Su-
pervisors to be notified of the action
taken by the City Council. Seconded
by Crnutcilmau Murphy. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
September 9, 19-}1.
Honorable 1\Iavor and illembers of the
City Council, City of Dubuque, Iowa:
Gentlemen:
In Re: Petition of George B. Collinson
for Cancellation of the 1940 tales on:
Grand View Park Add. Lots 17,
18, i9, Z0, 21, 22, 23, 24, all in Block
No. 2,
asking that the 1940 taxes be cancclleci
because of infirmity, I recommend that
the Petition should be approved by the
City Council of the City of Dubuque
for suspension of said taxes, and notifi-
cation of such approval given to the
Board of Supervisors of Dubuque
County, Iowa.
Respectfully submitted,
JOHN J. KINTZING~R,
City Solicitor.
Councilman Thompson moved that
the recommendation of City Solicitor
I~intzinger be approved and the petition
of George B. Collinson requesting can-
18, 19, 20, 2'1, 22, 23, 2.1, all in Block
collation of the 1940 taxes on Lots li,
No. 2 of Grand View Park Addition be
denied, but a suspension of said tales
he ordered granted, and the Board of
't;per;-isors to be notified of the action
taken by the City Council. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-A~Iayor Van
Duelman, Councilmen l~Iurph}*, Schuel-
ler, Thompson, Wharton. I~?ays-I~?one.
Special Ordinance No. ?,5-41. An
Ordinance Granting to the Trustees of
the Chicago, A~filwaukee, St. Paul and
Pacific Railroad Company, their Suc-
cessors and Assigns, the right to con-
struct, maintain and operate an Indtts-
h-~- Track across Jones Street in the
City of Dubuque, said Traclc to connect
t~-ith an existing Track, presented and
read. Councilman Thompson moved
that the reading just had be considered
the first reading of the ordinance. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen Mur-
phy, Schueller, Thompson, Wharton.
Nays-None. Councilman Thompson
moved that the rules be suspended re-
quiring an ordinance to be read on three
separate days. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller, Thomp-
son, Wharton. Nays-None. The or-
dinance was then read a second time
Councilman Thompson moved that the
reading just had be considered the sec-
ond reading of the ordinance. Second-
ed by Councilman Wharton. Carried
by the following vote: Yeas-NIa}'or
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 iuspec-
tiun for at least one week before its
f,na.l adoption. Seconded by Council-
man Whartan. Carried by the follow-
ing vote: Yeas-It~ia}>or Van Duelman,
Councilmen Alurphy, Schueller, Thomp-
son, «'hartou. Nays-None.
Resolution 1Vo. 113-41.
~~rhereas, The Trustees of the Chi-
cane, Milwaukee, St. Paul and Pacific
Railroad Company have entered into a
tentative agreement with the City of
Dubuque for the paving of Sycamore
Street with concrete from the north line
of 18th Street to the South line of 16th
Street; and
~Z'hereas, A written agreement con-
taining the terms and conditions there-
of has been presented to the Council
for approval; and,
R'hereas, The Council deems it advis-
able that said agreement be approved
and the same executed by the City of
Dubuque upon payment to the City of
Dubuque by the sum of $5,000.00; and,
Whereas, Said City Council deems it
advisable that the i\Iayor and City
Clerk be authorized to execute said
agreement for and on behalf of the City
of Dubuque: Note, Therefore,
Be It Resolved By The City Council
Of The City Of Dubuque, That the
written agreement presented to the
City Cotmcil in reference to the paving
of Sycamore Street from the north line
of 18th Street to the south line of 16th
Street, he, and the same is hereby ap-
proyed and t4:at the D~Iayor and Clerk
of the City of Dubuque be, and they
are hereby authorized to execute said
agreement for and on behalf of the
City of Dubuque and said agreement is
to be turned over to the Trustees of the
Chicago, l~lilmaukee, St. Paul and Pa-
Special Session, September 11th, 1941. 225
`.:v,`..
cific Railroad Company upon payment
by them of the sum of $5,000.00 to the
City of Dubuque.
Passed, adopted and approved this
11th day of September, 1941.
FRANK VAN DU1;L,MAN,
Mayor.
F. W. THOMPSON,
AI,B);RT WHARTON,
B. A. SCHU~L,L,1R,
G);O. R. MURPHY,
Councilmen.
Attest: J, J. SH$A, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilman Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilman Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Attorney John A. Cunningham ad-
dressed the Council in support of the
application of the Nine-Ninety Club for
a Class "B" beer permit for Private
Club and requesting Council to act fa-
vorably on said application. Council-
man Alurphy moved that the applica-
tion of the Nine-Ninety Club for a
Class "B" beer permit for Private Club
be referred to the City Solicitor for in-
vestigation and report. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 114-41. Preliminary
approval of plans, specifications, form
of contract, plat and schedule and all
other documents for the construction
of a six inch vitrified the sanitary sewer
in Kane Street from the present man-
hole in Kaufmann Avenue to Four
Hundred and Seventy (4701 feet north
presented and read. Councilman It~Iur-
phy moved the adoption of the resolu-
tion. Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
\Vharton. Nays-None.
Resolution No. 115-41. Resolution of
Necessity for the construction of a six
inch vitrified the sanitary sewer in
Kane Street from the present manhole
in Kaufmann Avenue to Four Hundred
and Seventy (4%0) feet north, presented
and read. Councilman Thompson
moved that the resolution be approved
and placed on file for public inspection
and final action. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Resolution No. 116-41. Resolution
fixing date of hearing upon the pro-
posed plans and specifications and pro-
posed form of contract, plat and sched-
ule and proposed Resolution of Neces-
sity for the construction of a six inch
vitrified the sanitary sewer in Kane
Street from the present manhole in
Kaufmann Avenue to Four Hundred
and Seventy (470) feet north, presented
and read. Councilman Thompson
moved the adoption of the resolution.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas-
Mayor Van Duelman, Councilmen Mur-
phy, Schueller, Thompson, Wharton.
Nays-None.
Telegram from Wm. H. Dress, May-
or of $vansville, Chairman of Commit-
tee of Midwest 1~mergency Conference
requesting attendance of the Mayor at
maid Conference to be held in Chicago,
Illinois, on September 12th, 1941, pre-
sented and read. Councilman Thomp-
son moved that the Honorable Mayor
and City Dlanager be authorized to at-
tend the meeting of the Midwest Emer-
gency Conference to be held in Chica-
go, Illinois, on September 12th, 1941,
the expenses of said trip to be borne by
the City of Dubuque. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton, Nays-None.
AIr. Ben Baumhover addressed the
Council requesting Council to recon-
sider their previous action in receiving
and filing the petition of B. L. Baum-
hover, et al, requesting the construction
of a sanitary sewer in Dodge Street
from the present manhole in Stetmore
Street easterly to a point approximately
90 feet north of the northerly line of
Fremont Avenue. 1VIr. William Ivlar-
key addressed the Council, requesting
that the City T/anager be instructed to
proceed with the construction of the
sanitary sewer as asked for in the peti-
tion of B. I,. Baumhover, et al.
14Ir. Ohmert addressed the Council,
stating that the proposed sanitary sewer
to be constructed in front of his prop-
erty on Wartburg Place will not be
deep enough to allow him to have a
floor drain in his basement and further
stating that on account of the depth of
the sewer in front of his property being
only about 3/ feet that there is a pos-
sibility of the sewer freezing in the win-
ter. AIr. Ohmert was informed that
the hearing upon the proposed plans
for the construction of the sewer in
226 Special Session, September 11th, 1941.
Wartburg Place had been held and
acted upon earlier in the evening and
that the Council had ordered the con-
struction of said sewer and directed
that bids he advertised for the con-
struction of said sewer.
mid:; for furnishing the City of Du-
buque ~5•ith a triple combination motor
p~impi~tg engine of 750 gallons capacity
per minute were opened and read b}•
q,ity lllanager Rhomberg. Councilman
~~, harton moved that the bids be re-
ferred to the Council for consideration
rind that the City 12anager and Fire
Chief be instructed to prepare a tabu-
lation of said bids and submit same to
tl e Council with their recommendation.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
1\Iayor Van Duelman, Councilmen Mur-
phy, Schueller, Thompson, Wharton.
Nays-None.
There being no fttrther business,
Councilman «"harton moved to ad-
journ. Seconded by Councilman i1Sur-
phy. Carried by the follo~viug Grote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller Thompson,
~}'} a.rton. Nays-I~TOne.
J• J• SHDA,
City Clerlc.
Approved ----------------------1941.
Adopted _______________________1941.
I
I
Councilmen {_______________________
Attest: ----------------------------- ~
City Clerk. I,
(®fficial)
Special Session, September 11th, 1941.
Board met at 10:00 P. M.
Present-Chairman Frank Van Duel-
man, Messrs. Geo. R. Murphy, B. A.
Schueller, F. W. Thompson, Albert
Wharton.
Communication of Mae A. Moore,
advising of her acceptance of the ap-
pointment as Registrar of Vital Statis-
tics for the City of Dubuque, presented
and read. Mr. Geo. R. Murphy moved
that the communication be received and
placed on file. Seconded• by Mr. Al-
bert Wharton. Carried by the follow-
ing vote: Yeas-Chairman Frank Van
Duelman, Messrs. Geo. R. Murphy,
B. A. Schueller, F. W. Thompson, Al-
bert Wharton. Nays-None.
There being no further business, Mr.
Geo. R. Murphy moved that the Board
of Health adjourn. Seconded by Mr.
B. A. Schueller. Carried by the fol-
lowing vote: Yeas-Chairman Frank
Van Duelman, Messrs. Geo. R. Mur-
phy, B. A. Schueller, F. W. Thompson,
Albert Wharton. Nays-None.
J• J. SHl~A,
Clerk, Board of Health.
Approved ______________________1941.
Adopted ------------------------1941.
Members ofl_______________________
Board of~_____________ _________
Health _
Attest ------------------------------
Clerk, Board of Health.
22~ Special Session, September 22nd, 1941.
(®fficial)
Special Session, September 22nd,
19-11.
Council met at 8:45 P. bI.
Present-Mayor Van Duelman,
Councilmen Schueller, Thompson,
Wharton, City 1Vlanager Rhomberg.
Absent-Councilman Murphy
Meeting called by order of Council-
men Thompson and Wharton.
Nlayor Van Duelman read the call
and stated that service thereof had been
duly made and that this meeting is
called for the purpose of conducting a
public hearing upon the proposed plans
and specifications, form of contract and
cost of construction also upon the Reso-
lution of Necessity for the resurfacing
of West Third Street from the )mast
property line of Burch Street to the
West property line of Alpine Street
South and acting on any otiter business
as may properly come before a regular
meeting of the City Council.
Proofs of publication, certified to by
the publishers, of notice of hearing up-
on the plans and specifications, form of
contract and cost of construction for
the resurfacing of West Third Street
from the mast property line of Burch
Street to the Zi'est property line of
Alpine Street South, presented and
real. Councilman ~\%harton moved
that the proofs of publication be re-
ceived and filed. Seconded b}* Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Schueller Thotnpson,
Wharton. Navs-None. Absent-
Councilman Murphy.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays-None.
Absent-Councilman Murphy, blesses.
Carl F. Hartman, Oscar Jaeger, An-
drew Fluetsch, addressed the Council
requesting that West Third Street be
improved at once in accordance with
the plans and specifications as adopted
and that the advertisement for bids for
the resurfacing of West Third Street
be not delayed.
Communication of Peter H. McCar-
thy, requesting Council to consider his
communication as a protest against the
West 3rd Street pavement until I look
up more legal grounds, presented and
t•ead. blr. Peter H. McCarthy ad-
dressed the Council stating that he
presented his communication in order
that proceedings for the paving of
West Third Street might be delayed
for a short time in order that he might
investigate the report that when once a
street is permanently paved that it is
the duty of the City to keep the same
in repair and not to cause another pav-
ing assessment. Councilman Thomp-
son moved that the communication be
received and fled. Seconded by Coun-
cilman Wharton. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Schueller, Thompson,
Wharton. Nays-None. Absent-
Councilman Murphy.
Pt•oofs of publication, certified to by
the publishers, of notice of pendency of
Resolution of Necessity and hearing up-
on proposed plans and specifications,
form of contract and cost of improve-
ment for the resurfacing of West Third
Street from the Rast property line of
Burch Street to the West property line
of Alpine Street South, presented and
read. Councilman Thotnpson moved
that the proofs of publication be re-
ceived and filed. Seconded by Coun-
cilman Wharton. Carried by the fol-
lo~ving vote: Yeas-Mayor Van Duel-
man, Councilmen Schueller, Thompson,
Wharton. Navs - \Tnne. Absent -.
Councilman blurph-}'.
Resolution No. 117-41. Decision of
Council upon objections to plans, speci-
ficatoins, forth of contract and cost of
improvement for the resurfacing of
Nest Third Street from the Rast prop-
erty line of Burch Street to the Nest
property line of Alpine Street South,
presented and read. Councilman
'i'hotmpson moved 'che adoption of the
resolution. Seconded by Councilman
1Jhat-ton. Carried by the following
rote: Yeas-,Mayor Van Duelman,
Councilmen Schueller, Thompson,
~Z'harton. Nays -None. Absent -
Cou~tcilmait bturph}>.
Resolution No. 106--I1. Resolution of
Necessity for the resurfacing of 1Vest
Third Street from the )~,ast property
line of Burch Street to the \Vest
property line of Alpine Street South,
said resolution having been approved
and ordered placed on file for final
action on September 2nd, 19-41, pre-
sented and read for final adoption.
Councilman Thompson moved the
adoption of the resolution. Second-
ed by Councilman Wharton. Carried
by the following vote: Yeas-Mayor
Van Duelman Councilmen Schueller,
Thompson, ZVharton. Nays-None.
Absent-Councilman Murphy.
Resolution No. 118-41. Resolution
ordering construction and directing the
City Clerk to advertise for proposals
-^~'-
~~- ,: .
Special Session, September 22nd, 1941. 229
for the resurfacing of West Thir<
Street from the $ast property line o
Burch Street to the West property lint
of Alpine Street South, presented anc
read. Councilman Thompson movec
the adoptoin of the resolution. Sec
ouded by Councilman Schueller, Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy,
Communication of The International
City Managers' Association extending
invitation to the Mayor and Members
of the City Council and the City Man-
ager to attend the annual conference
of The International City Managers'
Association to be held in Hollywood,
Florida, on November 23 to 27 inclusive
presented and read. Councilman
Thompson moved that City Managet•
Rhomberg be authorized to attend the
annual conference of the International
City Managers' Association to be held
in Hollywood, Florida, from November
23 to 27 inclusive, the expenses of said
trip to be borne by the City of Du-
buque. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Schueller, Thompson,
«'harton. Nays -None. Absent -
Councilman Murphy.
Petition of L,. Schuster requesting a
refund in the amount of $75.00 on his
cigarette license No. 81, as he has dis-
continued business until spring, pre-
sented and read. Councilman Wharton
moved that the request be granted and
that the City Auditor be instructed to
draw a warrant in the amount of $75.00
in favor of L,. Schuster to cover the
amount of refund granted on the unex-
pired term of his cigarette license from
October 1st, 1941, to July 1st, 1942.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Dlayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy.
Petition of DI. Palmer, et al, request-
ing that a change be made in the regu-
lations with respect to minimum area
requirements so that a building permit
shall be issued authorizing William
Hammerand to proceed with the con-
struction of a house on the Southerly
20 feet of I,ot 216 and the Northerly 20
feet of Taot 217 in Davis Farm Addi-
tion, presented and read. Councilman
Thompson moved that the petition be
referred to the Planning and Zoning
Commission for their recommendation
and report. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-lVtayor Van Duelman,
Councilmen Schueller, Thompson,
Wharton. Nays -None. Absent -
Councilman Murphy,
Dirs. Schuster addressed the Council,
stating that she is desirous of building
a house on a lot at 28th and Pine
Streets and states that she is unable to
secure a building permit on account of
not having the required minimum area
and requesting that the Council give
consideration to changing the present
requirements as regards the minimum
area of lots for building purposes. IVirs.
Schuster was informed that a study
is now beinig made as to the compila-
tion of a new Building Code and that
the requests for a change in the mini-
mutn area for building purposes would
be considered at that time.
Petition of Alfred Wunder, referred
to the City Council by the Board of
Supervisors, requesting cancellation of
the 1939-1940 and 1941 taxes on I,ot 26
Finley Home Addition, presented and
read. Councilman Thompson moved
that the petition be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Dtayor Van Duelman, Councilman
Schueller, Thompson, Wharton. Nays
-1\TOne. Absent-Councilman Murphy.
Petition of 11Irs. Katie A. Miller, re-
ferred to the City Council by the Board
of Supervisors requesting suspension
of the 1940 taxes on Lots 9 and 10 of
Johnson Subdivision, presented and
read. Councilman Thompson moved
that the petition be referred to the City
Solicitor for investigation and report.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Van Duletnan. Councilmen
Schueller, Thompson, Wharton. 1\Tays
-None. Absent-Councilman Murphy.
Petition of Dubuque Park Commis-
sion, requesting the use of funds de-
rived from the sale of rock to the Du-
Dubuque Stone Products Company for
extraordinary park expenditures, which
cannot he made from the regular ap-
propriation budgeted for the mainten-
ance and operatton of the parks, pre-
sented and read. Councilman Wharton
moved that the petition be referred to
the Council and that the City Manager
he instructed to arrange a meeeting be-
tween the City Council and the Park
Board Commission for the purpose of
discussing the petition. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, What•ton. Nays -None.
Absent-Councilman Murphy.
Petition of John Kringle, requesting
Council to talee some action in order
that he may proceed with the building
of his house at 539 West Third Street,
and stating that he secured a building
permit in January of this year for said
construction and that said construction
~s no`v being held up by the Building
230 Special Session, September 22nd, 1941.
Commissioner, and further requesting
the Council to make an inspection trip
to this building and look over the same
as to compliance with the Building
Code, presented and read. Councilman
\Vhartou moved that the petition be
referred to the Building Commissioner.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Mayor Van Dueltnan, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy.
Ordinance No. 24-41. An Ordinance
Amending and Changing the Zoning
Map of the City of Dubuque as pro-
vided by Ordinance No. 3-34, desig-
nated "Zoning Ordinance of the City
of Dubuque" so as to change to Light
Industrial District, certain defined ter-
ritory now delimited as Two-Family
District, said ordinance having been
passed upon first and second readings
on September 11th, 1941, and ordered
placed on file with the City Cleric for
public inspection for at least one weel:
before its final adoption, presented and
read a third time.
ORDINANCE NO. 24-41.
An Ordinance Amending and Chang-
ing the Zoning Map of the City of
Dubuque as Provided by Ordinance
No. 3-34, Designated "Zoning Ordi-
nance of the City of Dubuque," so as
to change to Light Industrial Dis-
trict, Certain Defined Territory now
Delimited as Two-Family Residence
District.
WHEREAS, It is deemed advisable
b}~ the City Council to amend the Zon-
ing Tlap of the City of Dubuque as
provided b}' Ordinance No. 3-34 ,desig-
nated as "Zoning Ordinance of the City
of Dubuque," so as to change to Light
Industrial District, certain territory
hereinafter described, now delimited as
Two-Family Residence District; and
Z~THEREAS, notice of such proposed
change has been published as provided
by law and an opportunity afforded to
any and all parties interested and citi-
zens to object theereto at a public
meeting held at 7:30 P. M., September
11th, 19.11 .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 COUNCIL OF THE CITY
OF DUBUQUE:
Section 1. That the Zoning Map be,
and the same is hereby amended and
changed as follows:
By changing from Two-Family Resi-
dence District to Light Industrial Dis-
trict, the area descrtbed as follows:
hots Nos. 1, 2 and the northerly 15
feet of Lot No, 3 of Randall's Sub.
No. 2,
Section 2. This ordinance shall be
in force and effect from and after its
final passage, adoption, approval by the
City Council and publication as by law
provided.
Section 3. The cost of publication
of this ordinance shall be paid for by
the party who has requested the
change.
Passed upon first and second readings
this 11th day of September, 1941.
Passed, adopted and approved on
final reading, this 22nd day of Septem-
ber, 1941.
FRANK VAN DUELMAN,
1VI ayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
Councilmen.
Attest: J. J. SHEA, Cit}* Clerk.
Published officiall}~ in The Tele-
graph-Herald newspaper and The Daily
Tribune newspaper, this 24th day of
September, 1941.
J• J• SHEA,
9-24-1t. City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded
by Councilman \Vharton. Carried
by the following vote: Yeas-Mayor
Van Duelman, Councilmen Schueller,
Thompson, Wharton. Nays-None.
Absent-Councilman Murphy.
Special Ordinance No. 25-41. An Or-
dinance Granting to the 'T'rustees of the
Chicago, Milwaukee, St. Paul and Pa-
cific Raihroad Company, their Success-
ors and Assigns, the right to construct,
maintain and operate an Industry Track
across Jones Street in the City of Du-
buque, said Track to connect with an
existing Track, said Ordinance having
been passed upon first and second read-
ings on September 11th, 1941, and or-
dered placed on file with City Clerk for
public inspection for at least one week
before its final adoption, presented and
read a third time.
SPECIAL ORDINANCE NO. 25-41.
An Ordinance Granting to the Trustees
of the Chicago, Milwaukee, St. Paul
and Pacific Railroad Company their
Successors and Assigns, the Right to
Construct, it/aintain and Operate an
Industry Track across Jones Street
in the Cit}~ of Dubuque, said Track
to Connect with an existing Track.
tsr, 1'1' VKLJAlNr;ll JiY "l~HN;
CITY COUNCIL, OF TH$ CITY
OP DUBU~U~:
Section 1. That there be, and them
is hereby granted to the Trustees a
the Chicago, Milwaukee, St. Paul anc
Pacific Railroad Company, their suo
cessors and assigns, the right and au•
thority to lay down, construct, main•
tain and operate a spur or industr}
track across Jones Street in Dubuque
in the location indicated on the blue-
print now on file in the Office of the
City Clerk, which blueprint is made a
part hereof by reference; said Trustees
are granted the right and permission tc
re-locate the catch basin, boulevard
light and Griswold flashing signal in
Jones Street in order to permit the con-
struction of said spur or industry track
in accordance with said plat above re-
ferred to; that said Trustees, at their sole
expense, are directed to plank said track
so as to make the same reasonably safe
for use of persons and vehicles and said
Trustees are to keep the same in a
reasonably safe condition, and said
Trustees are to restore that portion of
Jones Street which is disturbed by the
re-location of the catch basin, boulevard
light and Griswold flashing signal to its
former condition.
Section 2. Said track is to conform
to the grade of the street as established
and shall be so constructed and main-
tained that the free passage for pedes-
trians and vehicles across the same at
Jones Street shall not be interfered with
and the right to impose additional con-
ditions and requirements upon the use
of said track and or its maintenance
whenever reasonable circumstances
arise to require same is reserved to the
Council of the City of Dubuque,
Section 3. It is further expressly
stipulated and provided that all railroad
companies now operating tracks in this
city shall be entitled at any time to
have their cars transferred over said
tracks, and all intermediate tracks of
said company, its successors and as-
signs, which may be necessary to be
used in order to connect with the track
hereby authorized, upon the payment
of such switching charges which may
be uniformly applied within this city
and accepted as reasonable between
railroad companies operating within
the city.
Section 4. This ordinance shall be-
come effective upon its passage, adop-
tion and approval by the City Council ~,
and publication as provided by law and
the rights herein granted shall accrue
to said Trustees, their successors and
assigns only when the injuries and dam-
age, if any, to property abutting upon
satd track has been ascertained and
compensated for, or in lieu thereof,
when the record owners of such prop-
erty and the record holders of liens and
incumbrances thereon, have filed with
this Council their consent to the con-
struction and operation of such track
and waivers and releases of any dam-
ages which may be sustained by them
on account of the said construction and
maintenance; and when the costs of
publication of this ordinance have been
paid by the Trustees of the Chicago,
Milwaukee, St. Paul and Pacific Rail-
road Company.
Passed upon first and second readings
this 11th day of September, 1941.
Passed, adopted and approved upon
final reading this 22nd day of Septem-
ber, 1941,
PRANK VAN DU~I,MAN,
Mayor.
P. W. THOMPSON,
AI,BDRT WHARTON,
B. A. SCHU~L,I,~R,
Councilmen,
Attest: J. J. SH1aA, City Clerk,
Published officially in The Telegraph-
Herald newspaper and The Daily Tri-
bune newspaper this 24th day of Sep-
tember, 194-1.
J. J. SHWA,
9-24-1t. City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-1~Iayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy.
Froofs of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which warrants were drawn during the
montr of August, 1941, presented and
read. Councilman Thompson moved
that the proofs of publication be re-
ceived and filed. Seconded by Coun-
cilman Wharton. Carried by the fol-
lo~wing vote: Yeas-Mayor Van Duel-
man, Councilmen Schueller, Thompson,
~T'harton. Nays-None. Absent -
Councilman 1\Iurphy.
September 15, 1941.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen-With reference to at-
tached petition of Mr. John J. Mueller
requesting permission to operate a
Dairy Station at 2197 Delhi Street, we
wish to advise your honorable body
that at a meeting of the Planning and
oning Commission held September 12,
19-11, the petitioner upon being made
acquainted with the extraordinary na-
ture of his request, through his attor-
232 Special Session, September 22nd, 1941.
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ney, llr. Tschudi, requested permission
to withdraw the petition.
Thus, the Planning and Zoning Com-
mission returns the petition herewith
with the recommendation that no fur-
ther action be taken,
Respectfully submitted,
R. V. TIcILAY, Secretary
Planning and Zoning Commission.
Councilman Wharton moved that the
reconumendatiou of the Planning and
Loniu~; Commission be received and
filed. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Niayor Van Duelman, Council-
men Schueller, Thompson, Wharton. I
Navs-None. Absent - Councilman
Alurphy.
September 15, 1941.
To the Honorable D/ayor and
City Council, Dubuque, Iowa.
Gentlemen-~~`e return herewith pe-
tition of Mrs. F,ftie Al~nger, et al, re-
questing rezoning of block bounded by
Muscatine Street, Primrose Street, Bur-
lington Street, and Sabula Street, from
Single Family to T~vo-Family Resi-
dence classification. This petrttton is
oui of order in that it does not conform
to Section 2, Article 15, of the Zoning
Ordinance, which requires that such
petitions must contain the signatures of
at least 50% of the surrounding prop-
erty owners.
The Planning and Zoning Commis-
sion has conducted no study of the case
but if the necessary signatures are pro-
cured will be pleased to investigate and
make a recoumnendation. In the mean-
time we recommend to your honorable
body that no action be taken.
Respectfully submitted,
R. V. McIiAY, Secretary Dubuque
Planning and Zoning Commission.
Councilman Schueller moved that tite
reconmztendation of the Planning and
Zoning Commission be received and
filed. Seconded by Cotmcilmau Thomp-
:nn. Carried by the following vote:
Yeas-IVlayor Van Duelman, Council-
men Schueller, Thompson, Wharton.
Navs-I~?one. Absent - Councilman
:~,~ urphy.
September 22, 19.11.
To the Honorable Mayor and
Ci±v Council, Dubuque, Iowa.
Gentlemen-This is to advise you
that I have approved the follow; ing
hoods and desire to have yonr approval
on same for filing:
$NCAVATION
Maurice A. Hill, 1827 White Street, Fi-
delity ~~ Casualty Co. of N. Y.
D. A. Toles, Maquoketa, Iowa Massa-
chusetts Bonding ~~ Ins. Co,
Respectfully submitted,
A. A. RHOTSB~RG,
City Manager.
£~,.,,_
Councilman Thompson moved that
the bonds be approved and placed on
file. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Schueller, Thompson, Wharton.
I`Tavs-None. Absent - Councilman
11lurph}=.
September 22, 1941,
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen-The contract and agree-
ment between the City of Dubuque and
the Dubuque Airways, Incorporated,
for the use and operation of the airport
will terminate on September 30, 1941.
I recommend that a new contract and
agreement be entered into embodying
some changes from the present lease.
The provision requiring the city to pay
$10.00 per week for a period of 26 weeks
beginning with each October 1st and
ending 1larch 31st should be eliminated.
In 1936, when the lease was made,
there was little or no income in operat-
in the airport during the winter, w=hich
condition does not now obtain.
Respectfully submitted,
A. A. RHOMB~RG,
City Manager.
Councilman Wharton moved that the
recommendation of City Manager
Rhonth~rg be referred to the Council
for consideration. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-11layor Van Duel-
man, Councilmen Schueller, Thompson,
Wharton. Nays -None. Absent -
Councilman Murphy.
September 22, 19-11.
To the Honorable Mayor and
City Council, Illubttque, Iowa.
Gentlemen-At the session of the City
Council held September 11th, tl:e peti-
tion of John R. I,ee submitting a com-
promise offer of $10.00 per lot for pay-
ment of the special assessments against
hots 30 and 31 of Quigley's Subdivision
of the North Part of i\~Iineral L,ot 157
teas referred to the City Manager for
investigation and report.
I have searched the records and find
the facts as stated in the petition. On
Decermher 1S, 1940, the Cott:~cil nccept-
ed X20.00 per lot from the same peti-
tioner for the same sort of assessment
on Lots 26 and 27 of the same subdi-
vision. I reonunend that the City
Treasurer be authorized to accept $20.00
per lot as settlement in full of the spe-
cial assessments levied against hots 30
and 31 in Quiglev's Subdivision of th?
North Part of 1\~Iineral I,ot 157 and that
the County Treasurer be notified to
stril.e these special assessments from
the records.
Respectfully submitted,
A. A. RHO:~IBI~RG,
City Manager.
Councilman Schueller moved that the
recommendation of City Manager
Rhomberg be aproved and that the City
Treasurer and County Treasurer be in-
structed accordingly. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy.
September 19, 1941.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen-Herewith submitted is
Profile No. 1301, showing proposed
grade on Cannon Street, from the west
property line of South Locust Street to
the west property line of Laurel Strut.
I recommend that the proposed grade
be approved as shown on Profile No.
1301, and an Ordinance be passed es-
tablishing such grade on Cannon Street.
Respectfully submitted,
A. A. RHOMB);RG,
City Manager.
Councilman Thompson moved that
the recommendation of City ll4anager
Rhomberg be approved and also that
Profile No. 1301 be approved and that
an ordinance be ordered prepared cov-
ering the proposed grade of Cannon
Street from the west property line of
South Locust Street to the west prop-
erty line of Laurel Street. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy.
Ordinance I~'o. 26-41. An Ordinance
establishing a grade on Cannon Street
from the west property line of South
Locust Street to the west property line
of Laurel Street, presented and read.
Councilman Thompson moved that the
reading just had be considered the first
reading of the ordinance. Seconded by
Counctlman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy. Coun-
cilman Thompso nmoved that the rules
be suspended requiring an ordinance to
be read on three separate days. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
1\Iayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy.
The ordinance was then read a second
time. Councilman 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-
blayor Van Duelman, Councilman
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman 7\Iurphy.
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 Schueller.
Carried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy.
September 19, 1941.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen -Herewith submitted is
I~rofile No. 1302, showing the proposed
grade on Laurel Street from the North
property lice of South Grandview Ave-
nue to the north property line of Can-
non Street. I recommend that the
proposed grade be approved as shown
on Profile No. 1302, and an Ordinance
be passed establishing such grade on
Laurel Street.
Respectfully submitted,
A. A. RHOIVIBIRG,
City Manager.
Councilman Thompson moved that
the recommendation of City manager
Rhomberg he approved and also that
Profile No. 1302 be approved and that
an ordinance be ordered prepared cov-
ering the proposed grade of Laurel
Street from the north property line of
South Grandview Avenue to the north
property- lice of Cannon Street. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Alayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy,
Ordinance No. 27-41. An Ordinance
establishing a grade on Laurel Street
from the north property line of South
Grandview Avenue to the north prop-
erty line of Cannon Street, presented
and read. Councilman Thompson
moved that the reading just had be con-
sidered the first reading of the ordi-
nance. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Schueller, Thompson,
Wharton. Nays -None. Absent -
Councilman :Murphy. Councilman
Thompson moved that the rules be sus-
pended requiring an ordinance to be
read on three separate days. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy. The or-
dinance was then read a second time.
Councilman Thompson moved that the
reading just had be considered the sec-
ond reacting of the ordinance. Second-
ed by Councilman Wharton. Carried
by the following vote: Yeas - 1\~Iavor
Van Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
,.~
Y~;"
.x^E
",Ml,
234 Special Session, September 22nd, 1941.
Absent-Councilman Murphy. Coun-
cilman Thompson moved that the ordi-
nance be placed on file with the City
Clerk for public inspection for at least
one week before its final adoption. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-None. Absent-Councilman Murphy.
September 20, 19-11.
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen-Herewith submitted is
Profile No. 1303 showing the proposed
grade on Eleanor Street from the south
property line of South Grandview Ave-
ruc to four hundred and eighty-seven
(-137) feet south. I recommend that the
proposed grade be approved as shown
on Profile No. 1303 and an ordinance
be passed establishing such grade on
Eleanor Street.
Respectfully submitted,
A. A. RHOMBERG,
City ll4anager
Councilman Thompson moved that
the recommendation of City 1llanager
Ikhomi>erg be approved and also that
Profile No. 1303 be approved and that
an ordinance be ordered prepared cov-
ering the proposed grade of Eleanor
Srteet from the south property lice of
South Grandview Avenue to four hun-
dred and eight-seven (487) feet south.
Seconded b}~ Councilman Wharton.
Carried by the following vote: Yeas-
i~Iayor Van Duelman, Councilmen
Schueller, Thompson, Wharton. Nays
-\TOne. Absent-Councilman 1-Iurphy.
Ordinance No. 28-41. An Ordinance
establishing a grade on Eleanor Street
from the south property line of South
Grandview Avenue to four hundred and
eighty-seven 0187) feet south, presented
and read. Councilman Thompson
moved that the reading just had be
considered the lrst reading of the ordi-
nance. Seconded by Councilman Schuel-
ler. Carried by the following vote:
-eas-Mayor Van Duelman, Council-
me:~_ Schueller, Thompson, Wharton.
N avs - None. Absent -Cotmcilman
1\Iurphy. Councilman Thompson moved
that the rules be suspended requiring
an ordinance to be read on three sepa-
rate days. Seconded by Councilman
Wharton. Carried by the following
Grote: Yeas -Mayor Van Duelman,
Councilmen Schueller, Thompson,
Wharton. ATavs -None. Absent -
Councilman It~Iurphy. The ordinance
was then read a second time. Council-
man Thompson moved that the reading
iust had be considered the second read-
ing of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Iviayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy. Coun-
cilman Thompson moved that the or-
dinance be placed on file with the City
Cleric for public inspection for at least
one week before its final adoption.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
iblayor Van Duelman, Councilmen
Schueller, Thompson Wharton. Nays
-None. Absent-Councilman Murphy.
September 17, 1941.
Honorable Mayor and City Council,
Dubuque, Iowa.
Gentlemen-With reference to the
application of Frank Nisius, asking that
he be granted a license to peddle fruit,
the ordinance provides:
"Par. 3i4. May Exempt Certain Per-
sons. Section 6. Disabled soldiers
or sailors who have been honorably
discharged from the United States
Service or crippled, disabled or iudi-
gent persons may be exempted front
the provision of this ordinance, pro-
viding they file an application with
the City Council setting forth the
grounds on which they request ex-
euttion."
If the Council is of the opinion that
said Frank Nisius is crippled, disabled
or an indigent person, the}~ may exempt
him from securing a license to peddle
fruit-
Respectfully submitted,
JOHN J. IiINTZINGER,
City Solicitor.
Councilman ~~Tharton moved that the
petition of Frank I\Tisius, requesting
that he be granted a license to peddle
fruit tinder the provisions of Paragraph
314, Section 6, of Ordinance No. 4-1933
and asking etiemption from the payment
of the license for the reason that he is
badly disabled, be granted and that
Frank Nisius be issued a free license to
peddle fruit on account of disability.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas-
Alavor Van Duelman, Councilmen
Schueller, Thompson, Wharton. I\?ays
-1\TOne. Absent-Councilman Nlttrphy.
Resolution No. 119-41.
Whereas, Application for Class "B"
Beer Permit has been submitted to this
Council for approval and the same has
been examined; Now, Therefore,
Be It Resolved, By the Council of
the Cit}- of Dubuque that the following
application be and the same is hereby
approved and it is ordered that the
premises to be occupied by such appli-
cant shall be forthwith inspected.
Special Session, Septembee 22nd, 1941
Class "B" Permit
Name Address
Peter J. Kress (Transfer of address
from 41 West 7th St,) 435 Central
Avenue.
Passed, adopted and approved this
22nd day of September, 1941.
FRANK VAN DUJ;I,MAN,
Mayor.
F. W. THOMPSON,
AI,B~RT WHARTON,
B. A. SCHURI,I,$R,
239
There being no further business
Councilman Thompson moved to ad-
journ. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Schueller, Thompson, Wharton.
Nays-None. Absent -Councilman
Murphy.
J• J. SHEA,
City Clerk.
Approved _________®___®________1941.
Councilmen.
Attest: J. J. SHRA, City Clerk.
Adopted ________________________1941.
Councilman Wharton moved the
adoption of the resolution. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van ~_______________________
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None. _______________________
Absent-Councilman Murphy. Councilmen:
Resolution No. 120-41.
_______________________
Whereas, Heretofore application was
filed by the within named applicant for __________________®____
Class "B" Beer Permit and it has re-
ceived the approval of this Council; and
Attest: __________
Whereas, The premises to be occu-
pied by such applicant have been in-
spected and found to comply with the
ordinances of this City and a proper
bond has been filed; Now, Therefore,
Be It Resolved, By the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue to
the following named applicant a Beer
Permit.
Glass "B" Permit
Name Address
Peter J. Kress (Transfer of adress
from 41 West 7th St.) 435 Central
Avenue.
Be It Further Resolved, That the
bond filed by such applicant be and the
same is hereby approved.
Passed, adopted and approved this
22nd day of September, 1941.
FRANK VAN DU1;L,MAN,
Mayor.
F. W. TI~OMPSON,
AI,BI~,RT WHARTON,
B. A. SCHUJ;I,I,~R,
Councilmen.
Attest: J. J. SHWA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Schueller,
Thompson, Wharton. Nays -None.
Absent-Councilman Murphy.
_.._____ City Clerk. _
236 Special Session, September 22nd, 1941.