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1941 November Council ProceedingsRegular Session, l~Tovember 3rd, 1941. 269 J i~ ~_! - - - (®fficial) Regular Session, November 3rd, 1941, Council met at 8:30 P. M. Present-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City Manager Rhomberg. Ivlayor Van Duelman stated that this is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properly come before the meeting. Proofs of publication, certified to by the publishers, of notice to contractors of the receipt of proposals for the con- struction of a six inch vitrified stile sani- tary 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 that the proofs of publication be presented and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. October 24, 1941, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Pursuant to Resolution No. 124-41, the City Clerk advertised for proposals for the construction of a six inch vitrified the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue four hundred seventy feet north to be received until 10:00 o'llock A. M., October 24th. No bids were received for this work. At the council meeting of October 20, 1941, property owners representing at least / of the amount to be assessed appeared and protested the construc- tion of this sewer. In view of the foregoing, I recommend that the pro- ceedings be filed and made a matter of record, Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None, Communication of Chief of Police Strub requesting that the City Council authorize the expenses of Captain Derre- berry and himself to attend a two day school on Civilian Defense which will be held in Des Moines, Iowa, on No- vember 13th and 14th, 1941, presented and read. Councilman Murphy moved that Chief of Police Strub and Captain John Derreberry be authorized to at- tend the two day school on Civilian Defense which will be held m Des IVloines, Iowa, on November i sth and 14th, 1941, the expenses to be borne by the City of Dubuque. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of the Parking Com- mittee of the Dubuque Chamber of Commerce and the Retail Merchants Bureau requesting the City of Dubuque to take over all parking lots now being operated by the Parking Committee of the Retail Merchants Bureau, presented and read. Councilman Thompson moved that the communication be re- ferred to the Council for consideration. Seconded by Councilman Wharton. Carried by the following vote: Yeas- hlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Councilman Thompson moved that the rules be suspended for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Miss Olive Trieb addressed the Coun- cil stating that she has been notified to construct a new sidewalk at her prop- erty locatetd at 24 Seminary Street and advised Council that she had let a con- tract for the construction of said walk to Saul Bros. and that said walls would be laid when the property owners liv- ing next door, namely the Golinvaux property, would be required to take care of the down spouts leading from their property as the flow of water from said down spouts runs over her walk and causes the same to become slippery and icy during the winter. Petition of Retail Merchants Bureau, requesting permission for the holding of a Christmas Parade on Saturday, November 29th, 1941, also requesting that two motorcycle policemen be fur- nished to escort the parade and as many policemen as are necessary to guard the parade at street intersections, also re- questing that all parking be eliminated on Main Street from early in the morn- ing until after the parade is over and also that the streets be roped off, also requesting that a portion of Seventh Street between Locust and Bluff Streets be blocked off for the location of a cabin and that two policemen be sta- tioned at the cabin to help control 270 Regular Session, November 3rd, 1941. crowds, also requesting that the City assume the cost of current for the op- eration of a loud speaker, also request- ing that the City furnish an electrician to connect up a fuse block at or near the location of the cabin in 1Vashington Park, also requesting permission for the erection of Christmas lighting dec- orations at the intersections of Main Street from Fourth Street to Tenth Street inclusive and on $ighth Avenue from Iowa Street to Bluff Street in- clusive and on Seventh and Locust Streets attd that the City assume the cost of current foi• the extra lights to be placed in the business district from November 26th, 1940, to January 2nd, 1941, presented and read. Councilman Murphy moved that the petition be granted with the exception of the re- quest for the elimination of traffic and the roping off of the streets in the line of parade and that the Retail Merchants Bureau be required to furnish a Public laiability Bond in the amount of $5,000.00 to protect the City of Du- buque from an}~ liability which may arise from auv accidents on account of the erection of the Christmas lighting decorations. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of the Friedman Insurance Agency requesting the release of the liability on the beer bond of Joseph and Virginia Hanten as they have dis- continued business at 2220 University Avenue, presented and read. Council- man Thompson moved that the request be granted and the liability on the beer bond of Joseph and Virginia Han- ten be released. Seconded by Council- man Murphy, Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of Marmis & Solomon re- questing vacation of the alleyway east of hots 7, 8, and 9, of Block 13 of Du- buque Harbor Addition, presented and read, Councilman D~urphy 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 Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of J. F. Kircher, et al, re- questing the installation of a street light on Coates Street between Concord and Cross Streets, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Cotui- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Andrew Brummer, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 19-10 tax on the North %z of City I,ot 262, presented and read. Council- man Thompson moved that the petition be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Murphy. Carried b}~ the following vote: Yeas - Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. CITY OF DUBUQU);, County of Dubuque State of Iowa. October 29, 1941. The undetsigned, being the owners to the extent and in the manner here- inafter more particularly set forth of all of the real property located or abutting upon those portions of ~. 19th Street easterly of the intersection thereof with Sycamore Street; Sycamore Street westerly of the intersection thereof with B. 19th Street; the north and south public alley located east of Cedar Street and north of )~. 18th Street; ~. 18th Street easterly of Cedar Street; aitd Cedar Street between ~. 18th Street and E. 17th Street, all in the City of Dubuque, Iowa, in, upon and across which said streets and alley the pro- posed trackage, the construction, main- tenance, use and operation of which are authorized by ordinance passed by the Cit}= Council of the City of Dubuque under date of October 13, 1941, will be located, do hereby severally waive, re- linquish and release any and all claims against the City of Dubuque, Iowa, and of one of the undersigned against the other and the respective successors or assigns of said City or of each of the undersigned on account of damages which the undersigned have sustained or may hereafter sustain as abutting property owners or holders by reason of the construction, maintenance, use and operation of the aforesaid track. The description of the respective real property located or abutting upon the portions of the aforesaid streets and al- leys upon, across or in which the afore- said track or tracks will be located is as follows Henry A. Scandrett et al, Trustees of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company: 1, hots 1 to 4, inclusive, Block 5, Addition. 2 hots 1 to 7, inclusive, Block 6, Railroad Addition. 3. Vacated Sycamore Street north of the north line of 19th Street. 4. Vacated 19th Street between the west line of Sycamore Street and the east line of Mineral L,ot 106. Regular Session, November 3rd, 1941. 27I Dubuque Packing Company: 1. All of Block 3, Railroad Addition. 2. All of hots 368 to 372, inclusive, and Lots 423 to 427, inclusive, Just Dubuque, bounded by 17th, 18th, Sycamore and Cedar Streets. 3. Lots 373 to 377, inclusive, and Lots 418 to 422, inclusive, fast Dubuque, bounded by 16th, 17th, Sycamore and Cedar Streets. 4. Lots 356 to 360, inclusive, fast Dubuque, between 16th and 17th Streets and west of Cedar Street. 5. Lots 361 to 365, inclusive, lying between 17th and 18th Streets and west of Cedar Street. 6. Lot 366, fast Dubuque, lying north of 18th Street and west of Cedar Street. HENRY A. SCANDRETT, WAL- TER J. CUMMINGS and G>~ORGI; I. HAIGHT, Trustees of the proper- ty of Chicago, Milwaukee, St. Paul and Pacific Railroad Company. Witness: By C. J. ELLENGTON, S. J. Cooley, Real Estate Agent. Attest: DUBUQUE PACKING L. Schmitt, COMPANY, Secretary. By H. W. WAHLERT Councilman Murphy moved that the communication and waiver be received and made a matter of record. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman. Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Jos. Roscamp, Sr., re- questing a refund in the amount of $150.00 as the unexpired portion of his beer permit No. 114 issued on the 6th day of October, 1941, and also request- ing arefund in the amount of $50.00 as the unexpired portion of his ctgarette permit No. 168 issued on October 6th, 1941, presented and read. Councilman Murphy moved that the requests be granted and that the City Auditor be instructed to draw a warrant in the amount of $150.00 in favor of Jos. Ros- camp, Sr., to cover the amount of re- fund on the unexpired portion of his beer permit No. 114 and also that the City Auditor be instructed to draw a warrant in the amount of $50.00 in fa- vor of Jos. Roscamp, Sr., to cover the amount of refund on the unexpired portion of his cigarette permit No. 168. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Petition of Union League Club, re- questing permission to place a flag of the United States, on all legal holidays, from their place of business on the northeast corner of Fourth and Iowa Streets Criss-cross the street to the Nagle Apartment Building on the south- west corner of Fourth and Iowa Streets presented and read. Councilman Mur- phy moved that the request be granted and the erection of said flag to be done under the supervision of the Building Cotnmissioner. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of W. F. Riddle, et al, re- questing that the depressions in the al- ley between 14th and 15th Streets and between Jacleson and Washington Streets be brought up to alley grade, presented and read. Councilman Mur- phy 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 Mur- phy, Schueller, Thompson, Wharton. Nays-None. Proofs 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 month of September, 1941, presented and read. Councilman lliurphy moved that the proofs of publication be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Dielman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. October 11, 1941. To the Honorable Nlayor and City Council: Gentlemen -Referring to attached petition of Mrs. l~I. Palmer, et al, re- questing "a change in the regulations prescribed for such district with respect to minimum area requirements so that a building permit shall be issued au- thorizing William Hammerand to pro- ceed with the construction of such house." This refers to a lot 40 feet frontage, 180 feet deep, total 7,200 square feet at 2561 Jackson Street, ex- tending back to White St. At present, the district is a Two Family Residence zone, and the lot contains a double house (2561 Jackson) facing Jackson St. Such double house in aTwo-Family District requires 7000 square feet under the present ordinance, Thus there is but 200 square feet extra for the single house which petitioner wishes built to face White Street. liven if zoned as Multiple Residence would require 5000 square feet for the double house facing Jackson Street and 5000 square feet for the proposed sin- gle house `to face White Street, or a total of 10,000 square feet. Thus there is a shortage of 2,800 sq. ft. for the de- sired purposes. 272 Regular Session, I~Tovember 3rd, 1941. The Planning and Zoning Commis- sion can see no way to provide relief in such a case without breaking down all family area requirements of the Zoning Ordinance for the entire city. Such action would be contrary to one of the fundamental aims of Zoning and Plan- ning, to prevent development of con- gested areas. Consequently, the Planning and Zon- ing Commission sincerely recommends to your honorable Body that the peti- tiion be denied. Respectfully submitted, TH$ DUBUQUR PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Sec'y Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. November 3, 1941. To the Honarable Mayor and Cit}= Council, Dubuque, Iowa. Gentlemen-Referring to attached pe- tition of Mr. and Mrs. A. J. Mackert, et al, requesting re-zoning of property now zoned as aTwo-Family District ut Mobley's Dubuque, Collins' Sub., Bell's Sub. and Keogh's Sub. from Two-Fam- ily Residence to Alultiple Family Resi- dence Classification, the Planning and Zoning Commission recommends the granting of the petition. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION, RICHARD V. McKAY, Secretar}~. Councilman Murphy moved that the recommendation of the Planning and Zoning Commission be approved and that the City Solicitor be instructed to prepare the proper proceedings. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. November 3, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the City Council held October 6th, the pe- tition of~ieo H. Mohr, et al, requesting an investigation of the condition of the Bee Branch Sewer at the corner of Rast 22nd Street and the railroad tracks was referred to the qty Manager for investigation and report. On the following day, October 7th, Dr. C. L. Putnam and A. L. Bennett of the State Department of Health came here in response to a similar complaint. The three of us investigated conditions along the Bee Branch Sewer. The re- port of the findings is in the attached report and correspondence. Briefly stated the State Department of Health declares that the situation is a nuisance and that it is unhealthful and recom- mends that an engineering study be made of the feasibility of carrying the packing house sewage into existing sanitary sewers and if such a method is practical, to require the Packing Com- pany to collect the solids before they enter the sanitary sewer line. I recommend that the suggestions of the State Department of Health be fol- lowed iu an attempt to solve the nuis- ance condition in the Bee Branch storm sewer. Respectfully submitted, A. A. RHOMBFRG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 131-41. Whereas, It is deemed for the best interest of the City of Dubuque that the Municipal Airport be leased for a period of five (5) years to Dubuque Airways, Inc., a corporation of Iowa having its principal place of business at Dubuque, Iowa, upon such terms and conditions as have been incorporated in a written lease, such lease having been prepared and is now on file in the office of the City Clerk; Now, There- fore, Be It Resolved, By the City Council of said City that said lease be, and the same is hereby approved, and the Man- ager and Clerk are authorized to exe- cute the same on behalf of said City of Dubuque; ~e It Further Resolved, That this Resolution and the Contract of Lease referred to remain on file in the office of the City Clerk for public inspection for at least one week before final action is taken thereon. Dated this ZOth day of October. 1941. Final Adoption. The foregoing resolution was finallq adopted by the City Council on the 3rd day of November, 1941. FRANK VAN DU~LMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHURLLER, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Regular Session, l~tovember 3rd, 1941. 273 Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Contract of Lease for City Airport. This CONTRACT and AGR~~- IVIINT is hereby entered into between the CITY OF DUBUQUE, as Lessor, and the DUBUQU$ AIRWAYS, IN- CORPORAT~D, as Lessee, for the use and operation of the Dubuque Air- port, upon the following terms, to-wit: IT IS AGR~~D: First: The City of Dubuque has, and by these premises does, hereby lease to Dubuque Airways, Incorporat- ed, the Dubuque Airport, located on the central portion of Ham's Island and on property owned by said city. During the period of this lease, the Dubuque Airways, Incorporated, shall have the exclusive right to operate said airport and to conduct a commercial flying business thereon, subject to the follow- ing exceptions: (a) All planes, no matter by whom owned or operated, shall at all times have the privilege and right, without charge, to land on the airport, to park on the edges of the field and to take off from the runways, or from the air- port field. (b) No planes shall have the right, without Lessee's consent, to operate from said airport in the transportation of passengers or freight for hire or in training student flyers, except that all out-of-city planes may, without charge, make use of said airport at all times for the purpose of discharging passengers or freight destined or consigned to Du- buque, or for taking on passengers or freight destined or consigned to otl;er ports. (c) The Lessee shall have the right to prescribe the conditions upon which such airport and hangar facilities may be used by owners of local planes, and to make uniform rules, regulations and charges for the use of the airport b~= planes engaged in carrying passengers from and to said airport, also for han- gar rental and the teaching of student flying, which rules, regulations and charges shall at all times be just and reasonable. Second: The Lessee shall provide the following services and comply with the following conditions: (a) ~tnploy an experienced, capable and licensed pilot at the airport during daylight flying hours for the entire life of the lease. (b) Furnish, provide, maintain and have available for students, for pleasure and for commercial flying, two airwor- thy planes. One plane shall have a ca- pacity of at least three passengers; the other plane shall have a capacity of at least one passenger. These two planes shall be available for operation at all times during the period of the lease, bad weather and field conditions being excepted. No plane of the Lessee shall be kept out of service on account of repairs for any period longer than is ab- solutely necessary to make the repairs and restore the same to airworthy con- dition. Nothing herein shall be con- strued to deny to the Lessee the right to own and/or operate more than two places at any time during the term of this lease. (c) Operate all planes with proper licensed pilots. (d) The Lessee shall carry Public Liability Insurance with a limited lia- bility of $5,000.00 for each person and total liability of $10,000.00 for each acci- dent, for the protection of persons in- jured while on the leased premises caused through the negligent operation and use of planes owned by said Lessee provided, however, that such insurance shall not apply to passengers carried by Lessee while in flight. All injuries to persons, or damages to property occur- ring upon the airport premises, through the negligence of the Lessee, its agents or employees, shall be the responsibility of Lessee, and the Lessor shall not be liable in any manner therefor. (e) The Lessee shall establish a uni- form schedule of rates for the use of hangars, for cost of flying service to other airports, including transportation of passengers by places o~.cned by said Lessee and for all other services pro- vided by <aid Lessee. All such rates shall be fair and reasonable and com- mensurate with the services rendered, shall he filed with the City Clerk and a copy thereof shall be leept posted at all tithes upon the leased premises. (f) The Lessee shall co-operate with the Lessor in the enforcement of any Ordinance which may be adopted by said Lessor prescribing rules and regu- lations governing the operation of planes over the City of Dubuque. Third: The Lessor agrees: (a) To provide a telephone upon the leased premises. (b) To provide fire insurance on the city hangar. (c) To furnish labor and equipment to cut grass and weeds upon the air- port areas and to smooth and roll the rtmways as may become necessary. ~: ~' ., !_ i` 1' =, 274 Regular Session, November 3rd, 1941. Fourth: Should conditions hereafter arise, snaking it necessary, in the public interest and to ttse said airport so as to render the same of greater service and value, then and in such event the Les- sor reserves the right to direct the Les- see to so use said airport as to fully meet such conditions, provided, how- ever, that the Lessor shall not permit or require any use of said airport, which shall in any way lessen the rights of the Lessee hereunder or impair the obliga- tions of this contract. Fifth: The period of this lease shall be for five years from date hereof and at the expiration of the same, the Les- see shall return to the Lessor all prop- erty belonging to the Lessor upon the leased premises in as good condition as when received, ordinary wear and tear and action by the elements being ex- cepted. However, this lease and all of the provisions thereof may be termin- ated by the Lessor in the event such Lessee shall violate or breach any of its provisions, upon giving to such Lessee a 30-days' notice its writing of such termination. Should such lease be thus terminated, the Lessee shall give up peaceable possession of said premises to the Lessor at the end of such 30-day period. Sixth: The Lessee shall comply with all of the provisions of the haws of Iowa. , Seventh: This contract and agree- ment shall be considered as personal and shall not be transferred, assigned or sublet by the Lessee, without the tvritteu consent of the Lessor. Nighth: This contract and agree- ment shall be in force and effect after it has been approved by the City Coun- cil of the City of Dubuque, Iowa, and executed by the authorized city officials and by the Dubuqu eAinvays, Incor- porated, by its authorized officials. CITY OF DUBUQUN, IOWA, Lessor By A. A, RHOMBNRG, City Manager Witness: R. P. MARSHALL. By J. J. SHNA, City Clerk. Witness: OTTO F. PULS. DUBUQUN AIR~VAL'S, INCOR- PORATND, Lessee By R. L. McCAFFRNN, President Witness: C. N. ALLNN. Resolution hTo. 132-41 Resolution Approving Contract with Dubuque Packing Company and Di- recting the Mayor and Clerk of the City of Dubuque to Execute Same In Its Behalf. Whereas, it is deemed advisable by the Council of the City of Dubuque to vacate Cedar Street from the North line of Nast 16th Street to the South line of Nast 19th Street; Nast 18th Street from the Nast line of the alley first West of Cedar Street to the West line of Sycamore Street; Nast 17th Street from the Nast line of the alley first West of Cedar Street to the West line of Cedar Street; and the alley ly- ing between Cedar Street and Syca- more Street from the South line of Nast 19th Street to the North line of Nast 18th Street and to convey such vacated areas to Dubuque Packing Company; and Whereas, Dubuque Packing Com- pany, in consideration of the vacation of said streets and alleys, will pay the costs and expenses of filling and con- structing Lynn Street from the North line of Nast 16th Street to the South line of Nas 18th Street and will permit Nast 18th Street to remain open for public travel for certain stated periods; and Whereas, a contract evidencing the agreement between the parties has been prepared and is hereto attached; No~~r, Therefore, Be It Resolved, by the Council of the City of Dubuque that said contract be and the same is hereby approved; Be It Further Resolved, that this Resolution and the contract hereto attached be filed in the Office of the Clerk for public inspec- tion for at least one (1) week and that, thereafter, the Resolution and Contract be considered for final approval and adoption; Be It Further Resolved, That upon the final adop- tion of said Contract, that the Mayor and Clerlc be and they are hereby au- thorized and directed to execute said Contract for and on behalf of the City of Dubuque. Introduced this 20th day of October, 19-41. Passed, adopted and approved this 3rd days of November, 19'11. FRANK VAN DUNLMAN, Mayor. F. W. THOMPSON, ALBNRT WHARTON, B. A. SCHUNLLNR, GNO. R. MURPHY, Councilmen. Attest: J. J. SHNA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Contract and Agreement. Whereas, Dubuque Packing Com- pany has petitioned the City Council of ,,1 -, i 1 Regular Session, November 3rd, 1941 the City of Dubuque to vacate Cedar Street from the North line of Rast 16th Street to the South line of fast 19th Street; Fast 18th Street from the Fast line of the alley first West of Cedar Street to the West line of Sycamore Street; fast 17th Street from the fast line of the alley first West of Cedar Sreet to the West line of Cedar Street; and the alley lying between Cedar and Sycamore Streets from the South line of fast 19th Street to the North line of fast 18th Street, and to convey said vacated areas to Dubuque Packing Company; and Whereas, Dubuque Packing Com- pany is the owner of all of the lands abutting upon said streets and alleys and such streets and alleys are not needed for public use or purposes; and Whereas, The Council of the City of Dubuque is agreeable to the vacation of said streets and alley and the convey- ance of the same to Dubuque Packing Company in consideration of the per- formance of the conditions hereinafter stated and agreed upon; Nov*, There- fore, It Is Agreed by the parties hereto as follows: 1. In consideration of the vacation of Cedar Street from the North line of ]~,ast 16th Street to the South line of fast 19th Street; of fast 18th Street from the fast line of the alley first west of Cedar Street to the West line of Sycamore Street; of fast 17th Street from the fast line of the alley first West of Cedar Street to the West line of Cedar Street; and of the alley ,lying between Cedar and Sycamore Streets from the South line of Fast 19th Street to the North line of fast 18th Street and the conveyance of said vacated areas to Dubuque Packing Company, said Dubuque Packing Company, at its own expense, shall fill Lynn Street from the North line of last 16th Street to the South line of fast 18th Street to grade to a width at the top of thirty (30') feet and will build and construct the same of such materials and in such manner so as to conform with the plans and specifications to be prepared by the City Manager and such construc- tion shall be done under his supervi- sion, direction and control. Said Du- buque Packing Company shall permit fast 18th Street from the 1~ast line of the alley first West of Cedar Street to the West line of Sycamore Street to remain open until said Lynn Street is constructed and, therefore, until such time as said Dubuque Packing Com- pany deems it necessary or advisable to close the same. 2. In any action brought in law or equity to challenge the validity of any Ordinance providing for the vacation of 275 such streets and alley, the Dubuque Packing Company will defend such ac- tion and save harmless the City of Du- buque from any losses, damages, or ex- penses which may be incurred as a re- sult of such vacation proceedings, and will pay any and all damages and costs arising from such actions. 3. In consideration of the agreement by said Dubuque Packing Company to do and perform the matters and things herein stated, the City of Dubuque, act- ing by and through its City Council, will vacate said streets and alleys and convey said vacated areas to Dubuque Packing Company upon proper Deed of conveyance containing such restric- tions and reversions as may be con- tained within the vacation Ordinance. In Witness Whereof, said City of Dubuque has caused this agreement to be executed by the Mayor and Clerk thereof pursuant to authority of a reso- lution adopted by the City Council of said City on the 2nd day of November, 1941, and Dubuque Packing Company has executed this agreement by its President for and in its behalf. All done at Dubuque, Iowa, this 3rd day of November, 1941. CITY OF DUBUQUR, By FRANK VAN DU~I,MAN, Mayor By J. J. SHWA, Clerlc. DUBUQUE PACKING COMPANY By H. W. WAHL,~RT, President. Resolution No. 136-41. Whereas, the Planning and Zoning Coininission of the City of Dubuque recommended to the City Council the rezoning of the area bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west, from "Two Family Resi- dence District" to "Multiple Residence District." Whereas, the City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made by the Planning and Zoning Commission. Whereas, Before the Zoiug Map and the Zoning Ordinance of the City of Dubuque may be amended and changed it is necessary that a public hearing be held. Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing the area 276 Regular Session, November 3rd, 1941. bounded by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west from "Two Family" to "Multiple Residence" classi- fication, and that the City Cleriz be and he is hereby directed to cause to be published in the Official Newspapers of the City of Dubuque notice of such hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said itearing at 7:30 P. M., November 21st, 1941, in the City Council Chamber in the City Hall, Du- buque, Iowa. Said notices to be so published so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing any and all inter- ested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUFI,MAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHU~I,I,~R, GFO. R. MURPHY, 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 Duehnan, Councilmen Alurphy Schuel- ler, Thompson, Wharton. Nays-~TOne. Resolution No, 137-41. Whereas, The Planning and Zoning Commission of Dubuque has recom- mended to the City Council that the "toning Ordinances of the City of Du- buque be changed so as to change the lot area per family in "Multiple Resi- dence District" of two family dwelling from ttvo thousand five hundred (?.'500) square feet per family to one thousand two hundred fifty (1250) square feet per family; so as to change the lot area per family in "I,oca1 Business District" of rivo family dwelling from two thous- and five hundred (2500) square feet to one thousand t~vo hundred fifty (1250) square feet per family; so as to change the lot area per family in "Business District" of two family dwelling from two thousand five hundred (2500) square feet per family to one thousand t,,vo hundred fifty (1250) square feet per family; so as to change the lot area in "L,ight Industrial Diistrict" of two family dwelling from two thousand five hundred (25001 square feet per family to one thousand two hundred fifty (1250) square feet per family and to change the lot area of row house from two thousand two hundred fifty (22'50) square feet per family to one thousand t~vo hundred fifty (1250) square feet per family; and hereas, Before said Zoning Map may be thus amended and changed, it is necessary that a Public Hearing be held thereon; Now, Therefore Be It Resolved, By the City Council of the City of Dubuque: Tltat there should be a hearing on the question of changing the various lot areas as above set forth, and that the City Clerk be, and lte is hereby di- rected to cause to be published in the Official Newspapers of the City of Du- buque notices of public hearing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. M., November 21st, 1941, in the City Coun- cil Chamber in the City Hall, Dubuque, Iowa, said notices to be so published so as to leave at least fifteen days between the day of the publication and the time fixed for said hearing, and that at said hearing any and all interested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUFI.IviAN, Mayor. F. W. THOMPSON, AI,BFRT WHARTON, B. A. SCHUFI,I,~R, GAO. R. MURPH Y, Councilmen. Attest: J. J. SH$A, City Clerk. Councilman Thompson mo~-ed the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duehnan, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Resolution RIo. 138-41. Be It Resolved, By the City Council nE txte City of Dubuque that the fol- lowing, having comulied with the pro- visions of law relating to the sale of cigarettes within the City of Dubuque, he granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said Citv. Name Address Harry Grode (Transfer of address from 1643 Central Avenue) 1638 Central Avenue. blrs. Rosemar}~ Hird, 2220 University Avenue. Regular session, November 3rd, 1941. 277 Be It Further Resolved, That the bonds filed with the applications be approved. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DU1~I-,MAN, Mayor. F. W. THOIvIPSON, ALBERT WHARTON, B. A. SCHUIZaLIR, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman I~~Iurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-Noce. Resolution No. 139-41. \Vhereasl Applications for Class "B" Beer Permits have been submitted to this Council for approval and the same have been examined; Now, Therefore, Be It Resolved, By the Council of the City of Dubuque that the following applica- tions be and the same are hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicants shall be forthwith inspected. Class "B" Permit. Name Address Wm. Barrington and Glen Miller, 250 West 1st Street. Milton J. Kalmes and Anna C. Kalmes, 1085 University Avenue. Mrs, Margaret Blum, 700 East 16th St. Ray Nicks, 521 East 22nd Street. Dirs. Viola Grode and Harry Grode (Transfer of address from 1643 Cen- tral Avenue) 1638 Central Avenue. Lewis A. Freymann and Spencer P. Wright, 332 Eighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Mrs. Rosemary Hird, 2220 University Avenue. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUII,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCJ'IUIL,I,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Wharton moved thte adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 140-41. Whereas, Heretofore applications were filed by the within named appli- cants for Class "B" Beer Permits and they have received the approval of this Council; and Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordi- nances of this City and they have filed a proper Bond; Nov, 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 applicants a Beer Per- mit. Class "B" Permit. Name Address Wm, Barrington and Glen Miller, 250 West 1st Street. Dlilton J. Kalmes and Anna C. Kalmes, 1085 University Avenue. Mrs, Margaret Blum, 700 last 16th St. Ray Nicks, 521 last 22nd Street. Mrs. Viola Grode and Harry Grode (Transfer of address from 1643 Cen- tral Avenue) 1638 Central Avenue. Lewis A. Freymann and Spencer P. ZVright, 332 Eighth Avenue. Gus Henkel and Bernice Henkel, 1046 Central Avenue. Mrs. Rosemary Hird, 2220 University Avenue. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 3rd day of November, 1941. FRANK VAN DUII,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUII,L,ER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Schueller moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. 278 Regular Session, November 3rd, 1941. Councilman Schueller moved that the City Solicitor be instrttcted to draw up a proper resolution for the purchasing of an American-I,aFrance Combination Pumping engine with Cab Dquipmeut according to specifications. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson. Nays-Councilman ZVhar- ton. Councilman Murphy not voting. Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. J• J. SHWA, City Clerk. Approved -----------------------1942. Resolution No. 141-41. Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did ott the 11th day of September, 1941, at ten o'clock A. M., at the City Clerk's office in the City Hall, Dubuque, Iowa, re- ceive bids for the furnishing of one 750 gallon triple combination fire engine pumper, which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the American-I,aFrauce Foamite Corporation of J~Imira, N. Y.; Now, Therefore, Be Tt Resolved, By the City Council of the City of Dubuque, Iowa, That the con- tract for the furnishing of one 750 gal- lon triple combination fire engine pumper with three man steel cab equip- ment in the amount of $8,844.00, be awarded to the American-ha France Foamite Corporation, ?~Imira, N. Y., and that the contract hereto attached is approved and made a part hereof, and the Mayor and Clerk be, and they are hereby authorized and directed to exe- cute the same on behalf of the City of Dubuque; Be It Further, Resolved, That this resolution being deemed urgent and of immediate ne- cessity, become effective from and after its final passage and adoption by the City Council. Approved and placed on file for pub- lic inspection for one week on Novem- ber 3, 1941. Councilman Schueller moved that the resolution and contract be approved and placed on file for public inspection for one week. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Schueller, Thompson. Nays-Councilmen Murphy, Wharton. There being no further business, Councilman Thompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: Adopted ------------------------1942. Councilmen: ~______________________ Attest: ________ ________________ City Clerk. Special Session, IeTovember 21st, 1941. 279 ~ ~ ~ (®fficial) Special Session, November 21st, 1941. Council met at 8:00 P. M Present - IVlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Meeting called by order of Council- men Wharton and Thompson. Mayor 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 proposals to amend and change the Zoning Map and Zon- ing Ordinance and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of a public hear- ing upon a proposal to amend and change the Zoning Map and Zoning Ordinance by changing from "Two- Family Residence District" to "Multi- ple Residence District" the area bound- ed by the center line of 3rd Street on the south; center line of 6th Street on the north; the center line of Locust Street on the east; and the center line of Bluff Street on the west, presented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 33-41. 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 "Mul- tiple Residence District" certain defined territory now being delimited as "Two- Family Residence District" 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 ~e 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, Schuel- ler, Thompson, Wharton. Nays-None. 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 Wharton, Carried by the following vote: Yeas- ,, Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public in- spection for at least one weelc before its final adoption, Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, 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 and Zoning Ordinance so as to change the lot area required of two family dwelling in "Multiple Residence District," "Local Business District," "Business District," and "bight Industrial District," and of row house in "L,ight Industrial Dis- trict", presented and read. No written objections filed and no objectors pres- ent in the Council Chamber. Council- man Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 34-41. An Ordinance amending and changing the Zoning Map of the City of Dubuque as provid- ed by Ordinance No. 3-34, designated as "The Zoning Ordinance of the City of Dubuque" so as to change the lot area required of two family dwelling in "IVtultiple Residence District," "Local Business District," "Business District," and "bight Industrial District," and of row house in "bight Industrial Dis- trict," presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son,.Wharton. Nays-None. Council- man Thompson moved that the rules be suspended requiring an ordinance to be read on three separate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. 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-~ Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. I~Tays-None. Councilman Thompson :~ ~'i ~: @_ s: S i_> 2f0 Special Session, 1~lavember 21st, 1941. moved that the ordinance be placed on file with the City Clerk for public in- spection 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. 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, Councilmen Murph}', Schuel- ler, Thompson, Wharton, Nays-None. ?\Ir. Coates addressed the Council, re- questing that he be given some of the rubbish collected by the City for the purpose of filling his lot. Councilman Thompson moved that the verbal re- quest of 1\~Ir. Coates be referred to the Council to view the grounds. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the Junior Auxiliary o_f the Visiting Nurse Association request- ing permission for the holdng of a "Bangle Day" on December 13th, 1941, presented and read. Councilman Mur- phy moved that the request be granted. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, tiVharton. Nays-None. Petition of Mrs. B. I,. Baumhover, et al, requesting that the name of North Dodge Street be changed to that of North Fremont, presented and read. Councilman Wharton moved that the petition be referred to the Council to view the grounds. Seconded by Coun- cilman Thompson. Carried h}' the fol- lowing vote: Yeas-D/ayor Van Duel- man, Councilmen Murhpy, Schueller, 'Thompson, tiVharton. Nays-None. Petition of ZVm. Hammerand, re- questing a refund in the amount of $31.28 with interest from June 24, 1925. for payment of special assessment for sewer and water connections abutting the South 20 feet of I,ot 216 in Davis Farm Addition, presented and read. Councilman Murphy moved that the petition be referred to the City Solicitor for recommendation and report. Sec- onded by Councilman Thompson. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councihnen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Petition of Joseph C. Camm, et al, requesting the rezoning of the Single Family Residence District bounded on the east Ly the center line of Irving Street and Avoca Street, bounded on the north by the center line of Decorah Street and Cherry Street, on the wes*_ by the Asbury Street Local Business District and on the south by the Uni- versity Avenue Local Business District to Two-Family Classification, presented and read. i\Ir. Joseph Camm addressed the Council requesting that the petition be granted. Councilman Wharton moved that the petition be referred to the Planning and Zoning Commission for their recommendation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. To the City of Dubuque, Iowa: For Value Received, the undersigned does hereby assign and set over to the American Trust & Savings Bank of Dubuque, Iowa, all of the proceeds due or to become due by reason of, or in any way connected with, or arising out of a contract by and between the un- dersigned and the City of Dubuque, Iowa, for the construction of certain improvements more particularly de- scribed as follows: The construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street, to 1•ot 2 of 4 of Fremont Avenue Sub. and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to I,ot 1 of 1 of 2 of M. I,. 139, in the City of Dubuque, Iowa, such contract being dated the 14th day of October, 1941, and the total cost of the improve- ment being in the approximate amount of Five Thousand, Three I-Irudred, Fifty-Seven and 25/100 Dollars ($5,357 ~51. You are hereby authorized and di- rected to deliver said proceeds, whether same be in cash, bonds, certificates, warrants, or other securities, to the said American Trust & Savings Bank, free and clear of any charge or incumbrance of any kind whatsoever. Dated this 5th day of November, A. D. 1941. JAS. F. I,1~$ individually and doing business as the JAS. F. I,);1~, PAVING CO, ~Ve hereby accept this Order on be- half of the City of Dubuque, Iowa, and agree to carry out the terms of the same. FRANK VAN DU$L,MAN, Mayor. J. J• Sx~A, City Clerk. Councilman Wharton moved that the assignment be received and made a matter of record. Seconded by Coun- Special Session, November 21st, 1941. 281 Gilman Schueller. Carried by the fol- lownig vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. To the City of Dubuque, Iowa: For Val~tO Received, the undersigned does hereby assign and set over to the American Trust & Savings Banlc of Dubuque, Iowa, all of the proceeds due or to become due by reason of, or in any ~~ay connected with, or arising out of a contract by and between the un- dersigned and the City of Dubuque, Iowa, for the construction of certain improvements more particularly de- scribed as follows: The Construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet northerly, in the City of Du- buque, Iowa, such contract being dated the 14th day of October, 1941, and the total costs of the improvement being itt the approximate amount of Four Hun- dred Thirty-two and no/100 Dollars ($432.00) . You are hereby authorized and di- rected to deliver said proceeds, whether same be in cash, bonds, certificates, warrants, or other securities, to the said American Trust & Savings Bank, free and clear of any charge or incumbrance of any kind whatsoever. Dated this 5th day of November, A. D. 1941, JAS. F. I,~> ;individually and doing business as the JAS. F. I,~~ PAVING CO. ~Ve hereby accept this Order on be- half of the City of Dubuque, Iowa., and agree to carry out the terms of the same. FRANK VAN DU$I,A-IAN, 1\Iayor. J. J. SH1;A, City Clerk. Councilman ZVharton moved that the assignment 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 Murphy, Schueller, Thompson, Wharton. Nays-None. November 10th, 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 tiVater- worlcs, also a list of claims and pay- rolls for which warrants were drawn during the month of October, 1941. Respectfully submitted, A. A. RHOMBDRG, City Manager. Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Schueller, Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Council Proceedings for the month of September, 1941, presented for ap- proval. Councilman Thompson moved that the Council Proceedings for the month of September, 1941, be approved as printed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. November 18, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the City Council held November 3, 1941, the petition of W. F. Riddle, et al, re- questing that the depressions in the al- ley between Jackson and Washington Streets from 14th to 15th Street be brought to alley grade was referred to the Council to view the grounds. The Council viewed the grounds, or- dered this request granted and saw the completed work. Respectfully submitted, A. A. RHOMBDRG, City Manager. Councilman Murphy moved that the communication of City Manager Rhom- berg be received and made a matter of record. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, ~Vhartou. Nays-None. November 18, 1941. To the Honorable IVlayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the Ci±y Council held October 6, 1941, the petition of \~'alter P. Asmussen request- ing the City Council to look into the matter of the drainage of the alley first south of Kirkwood Street from Blake Street westerly stating that the water from said alley is draining into his prop- erty and causing damage was referred to the Council to view the grounds. The Council viewed the grounds and concluded that the alley being in its natural state, never having been brought to grade, and no public use being made of it now nor none contemplated, that the correction of the natural drainage condition was not an obligation of the city. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOI\IB~RG, City Manager. 282 Special Session, November 21st, 1941. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed. Second- ed by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. November 18, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the City Council held November 3, 1941, the petition of J. F. Kircher, et al, re- questing the installation of a street light on Coates Street between Con- cord and Cross Sreets ryas referred to the Council to view the grounds. The Council viewed the premises and determined to grant the petition. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-I~TOne. November 18, 1941 To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen - At the session of the. City Council held November 3, 1941, the request of Marmis and Solomon frn• the use of the alley east of Lots 7, 8 and 9 of Block 13 of Dubuque Harbor Company's Addition was referred to the Council to view the grounds. The Council viev~ed the site and de- cided to allow Marmis & Solomon, as owners of hots 7, 8 and 9 of Block 13 of Dubuque Harbor Company's Addi- tion the use of the alley adjacent to these lots until such time as the public use thereof is required, provided there are no objections from the owners of other property in the vicinity. I recommend that the action of the Council be confirmed and the City So- licitor instructed to prepare the proper proceedings granting Marmis & Solo- mon the use of the above mentioned portion of the alley under such terms and conditions as the Council may see fit to impose. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed and that the City Solicitor be instructed to pre- pare the proper proceedings. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. November 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held October 6, 1941, the petition of Mrs. C. Berwanger, et al, requesting that King Street be im- proved to permit pedestrians and ve- hicle traffic was referred to the Council to view the grounds. The Council viewed the premises and concluded that the street should be smoothed off before winter and the holes filled. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the action of the City Council confirmed. Sec- cnded by Councilman Schueller. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. l~Tays-None. November 20, 1941. To the Honorable Mayor and City Council, Dubuque, Iovra. Gentlemen-The three year term of Jehn A. Kerper as a member of the Board of Dock Commissioners expires on November 26th, 1941. This matter is brought to your atten- tion for your action. Respectfully submitted, A. A. RHOMBRRG, City Manager. Councilman Wharton moved that Mr. John A. Kerper be reappointed as a member of the Board of Dock Com- missioners for a term of three years, said term expiring November 26th, 1944. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None. November 6, 1941. Honorable Mayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: In re: 1Petition of ~,ndrew Brummer, for Suspension of Taxes on City I,ot N. /-262 asking that the 1940 taxes be suspended Special Session, November 2lst, 1941 because of age and infirmity, I recom- mend that the Petition be approved by the City Council of the City of Du- buque and notification of such approval be given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZINGRR, City Solictior. Councilman Murphy moved that the recommendation of City Solicitor Kintz- inger be approved and the petition of Andrew Brummer requesting suspen- sion of the 1940 taxes on the North one half of City L,ot 262 be granted and the Board of Supervisors to be notified of Council action. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None, Resolution 1Vo. 142-41. Resolution and Application for Perma- nent Transfer of Funds. Whereas, an emergency tax levy was made by the City Council of the City of Dubuque for use in supplementing the fund required for debt service dur- ing the fiscal year beginning April 1, 1941, and ending March 31, 1942, upon authority and approval of the State Comptroller; and Whereas, as of the 1st of November, 1941, there were cash balances in the Grading Fund of $4,707.43 and in the Improvement Fund of $10,703.74; and Whereas, there is now in the hands of the City Treasurer and credited to the Rmergency Fund the sum of $23,- 580.62, which is available for transfer to the Grading and Improvement Funds above referred to for debt service; and Whereas, on November 1, 19=11, Grading Bonds in the amount of $10,- 000.00 and Improvement Bonds iu the amount of $30,000.00 matured and Grading Bond Interest in the amount of $1,800.00 plus Improvement Bond Interest in the amount of $3,=187.50 be- came due and payable; and Whereas, in order to pay the obliga- tions due it is necessary to make trans- fers of $10,000.00 fiom the Rmergency Fund to the Grading Fund and of $13,- 487.50 from the Rmergency Fund to the Improvement Fund; and Whereas, before any transfer can be made from the Rmergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to make the transfer and his approval secured thereon; Now, There- fore, Be It 2~3 Resolved, By the City Council of the City of Dubuque that, subject to the approval of the State Comptroller, there be and there are hereby transferred from the Rmergency Fund the sum of $10,000.00 to the Grading Fund and the sum of $13,487.50 to the Improvement Fund, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfers; and Be It Further Resolved, That upon the approval of such transfers the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasurer of such transfers, and such notification shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council on the 21st day of November, 1941, and all members thereof signed their names thereto. FRANK VAN DURLMAN, Mayor. F. W. THOMPSON, AI,BRRT WHARTON, B. A. SCHUEI,I.RR, GRO. R. MURPHY, Councilmen. Attest: J. J. SH$A, City Clerk. Cunocilman Wharton moved the adoption of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution IVo. 143-41. Resolution and Application for Perma- nent Transfer of Funds. Whereas, on November 1, 1941, Im- provement Bonds in the amount of $30,000.00 matured and Improvement Bond Interest in the amount of $3,- 487.50 become due and payable; and Whereas, There is now in the hands of the City Treasurer and credited to the Improvement Fund the sum of $10,703.74 which is to be supplemented by a transfer of $13,487.50 from the Rmergency Fund; and «'hereas, as of the 1st of November, 1941, there were balances of $67,735.45 in the tiVater Worlcs General Fund and of $104,765.40 in the Water Works Sinking Fund; and Whereas, no Water Worlcs Bonds nor Interest are due and payable during the remainder of the current fiscal year and $32,000.00 in bonds and $3,565.00 in interest become due and payable during the succeeding year and, therefore, the 2~4 Special Session, November 21st, 1941. requirements of Section 6151.1 of the Code of Iowa have been fully met; and Whereas, in order to pay the obliga- tions due, it is necessary to make a transfer of $20,000.00 from the Water ZVorks General Fund to the Improve- ment Fund; and Whereas, Before any transfer can be made from the Water Works General Fund to any other fund, an application must be made to the State Comptroller for authority to make the transfer and his approval secured thereon; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, that subject to the approval of the State Comptroller, there be and there is hereby transferred from the Water Works General Fund to the Improvement Fund the sum of $20,000.00, and the State Comptroller is hereby petitioned to authorize and ap- prove such transfer; Be It Further Resolved, That upon the approval of such transfer the Auditor of the City of Dubuque is directed to adjust his books accordingly and to notify the Treasu- rer of such transfer and such notifica- tion shall be accompanied by a copy of this resolution and the record of its adoption. The resolution was passed, adopted and approved by unanimous action of the City Council on the 21st clay of No- vember, 1941, and all members thereof signed their names thereto. FRANK VAN DU~I,MAN, IVlayor. F. W. TI~ONIPSON, AI,B~RT WHARTON, B. A. SCHU$LI,I;R, G1;O. R. :}-IURPIIY, Councilmen. Attest: J. J. SH)~A, City Clerk. Cmzcilman Thompson moved the adoption of the resolution. Seconded by Councilman ~Vharfon. Carried by the follow>ing vote: teas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution 1Vo. 14441. Whereas, The Planning and Zoning Commission of the City of Dubuque recommended to the City Council the re-zoning of Mobley's Dubuque Addi- tion, Collins' Sub., Bell's Suh., and Keogh's Sub., from "Ttivo Family Resi- dence District" to "Mutiple Residence District." \Vhereas, The City Council deems it advisable to amend the Zoning Ordi- nance of the City of Dubuque to com- ply with the recommendations made by the Planning and Zoning Commis- sion. Whereas, Before the Zoning Map and the Zoning Ordinance of the City of Dubuque tnay be amended and changed, it is necessary that a public hearing be held; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque: That there should be a public hearing on the question of changing Mobley's Dubuque Addition, Collins' Sub., Bell's Sub, and Keogh's Sub., from "Two Family Residence District" to "Multi- ple Residence District" classification, and that the City Clerk be and he is hereby directed to cause to be pub- lished in the Official Newspapers of the City of Dubuque notices of such hear- ing to be held by this Council upon the proposed change and amendment, that the time and place be and the same is hereby fixed for said hearing at 7:30 P. BL, December 12Th, 1941, in the City Council Chamber in the City Hall, Du- buque, Iowa. Said notices to be so published so as to leave at least fifteen days between the day of the publica- tion and the time fixed for said hearing, and that at said hearing any and all in- terested parties and citizens shall have an opportunity to be heard. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DURI,MAN, Mayor. F. ~V. THOMPSON, .~~I,BF,RT ~VHARTOP~T, B. A. SCHU$I,I,~R, GAO. R. RIURPAY, Councilmen. Attest: J. J. SHI~A, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carrried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution 1Vo. 145-41. Be It Resolved, By the City Council of the City of Dubuque that the follow- ing, having complied with the provi- sions of late relatiri~ to the sale of cig- arettes within the City of Dubuque, be granted a permit to sell cigarettes and ci,Qarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address ~Vm. C. Tharp, 2403 Central Avenue. Be It Further Resolved, That the bond filed with the application be ap- proved. Speeal Session, l~ovember Zlst, 1941. 2Sg Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DU$I,MAN, Mayor. F. W. THOMPSON, AL,B~RT WHARTON, B. A. SCHU~I,L,~R, G)~O. R, MURPHY, 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 Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution I~Io. 146-41. Whereas, Application for Class "B" Beer Permit has been submitted to this Council for approval and the same has been examined; Novi=, Therefore, Be It Resolved, By the City Council of the City of Dubuque that the following ap- plication be and the same is hereby ap- proved and it is ordered that the prem- ises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit. Name Address Jay McCabe and Clara McCabe, 28 fast 24th Street. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DU~I,1~-IAN, Mayor. F. W. THOMPSON, AI,BI;P.T bVHARTON, B. A. SCHUFI,I.~R, GAO. 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 following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Naps-None. Resolution P>Io. 149-41 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 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 City Council of the City of Dubuque that the City Manager be and he is hereby directed to issue to the following named applicant a Beer Permit. Class "B" Permit. Name Address Jay McCabe and Clara McCabe, 28 fast 24th Street. Be It Further Resolved, That the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DU>aL,MAN, Mayor. F. W. THOMPSON, AI,BI;RT WHARTON, B. A. SCHU~I,L,~R, GAO. R. MURPHY, 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 Murphy, Schuel- ler, Thotpson, Wharton. Nays-None. Resolution l~Io. 148-41. Whereas, the South one-half of L,ot 308 of fast Dubuque Addition in the City of Dubuque, Dubuque County, Iowa, was sold on Februat-y 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1928 to 1934, inclusive, and \Vhereas, The said Dubuque County, Iowa, desires to sell the above described Real Fstate to Vincent Francois for $51.00, and Whereas, The sale of said property by Dubuque County, Iowa, to Vincent Francois "for a sum less than the total amount stated in the Tax Certificate including all endorsements of subse- quent general taxes, interests and costs requires the ~~=ritten approval of a ma- jorit}= of all the tax levying and tax cer- tifying bodies having any interest in said general taxes; Now=, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to Vincent Francois for 2~6 Special Session, I~tovember 21st, 1941. the sum of $51.00 in cash, be and the same is hereby authorized and approved, Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DUFL,MAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHU~I,L,,FR, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution Id o. 149-41. Whereas, The South one-half of the West Twenty-Five feet of I,ot 760-A of A. McDaniel's Subdivision in the City of Dubuque, Dubuque County, Iowa, was sold on February 3, 1936, to Dubuque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes against the real estate for the years 1931 to 1934, inclusive, and Whereas, The said Dubuque County, Iowa, desires to sell the above described real estate to William B. Fleege for $100.00, and Whereas, The sale of said property by Dubuque County, Iowa, to William B. Fleege for a sum less than the total amount stated in the Tax Certificate including all endorsements of subse- quent general taxes, interests and costs requires the written approval of a ma- jority of all the tax levying and tax certifying bodies having any interest in said general taxes; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa, that the sale of said property to William B. Fleege for the sum of $100.00 in cash, be and the same is hereby authorized and ap- proved. Passed, adopted and approved this 21st day of November, 1941. Councilmen Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler Thompson, Wharton. Nays-None. Resolution No. 141-41. Whereas, The City of Dubuque, pur- suant to an advertisement for bids on the furnishing of fire apparatus, did on the 11th day of September, 1941, at ten o'clock A. M., at the City Clerk's office in the City Hall, Dubuque, Iowa, re- ceive bids for the furnishing of one 750 gallon triple combination fire engine pumper, which said bids were taken under advisement by the City Council; and Whereas, The proposals have been compared and examined and this Coun- cil has determined that the most favor- able proposal received was submitted by the American-I~aFrance Foamite Corporation of Elmira, N. Y.,; Now, Therefore, Be It Resolved, By the City Council of the City of Dubuque, Iowa: That the contract for the furnishing of one 750 gallon triple combination fire engine pumper with three man steel cab equipment in the amount of $8,- 844.00, be awarded to the American- I,aFrance Foamite Corporation, Elmi- ra, N. Y., and that the contract hereto attached is approved and made a part hereof, and the Mayor and Clerk be, and they are hereby authorized and di- rected to execute the same on behalf of the City of Dubuque, Iov~~a; Be It Further Resolved, That this resolution being deemed urgent and of immediate neces- sity, become effective from and after its final passage and adoption by the City Council. Approved and placed on file for pub- lic inspection for one week on Novem- ber 3, 1941. Passed, adopted and approved this 21st day of November, 1941. FRANK VAN DU~LMAN, Mayor. F. W. THOMPSON, B. A. SCHU$I,LFR, Councilmen. FRANK VAN DU~I,MAN, Mayor. F, W. THOMPSON, AI,B~RT WHARTON, B. A. SCHU~LI,~R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Attest: J. J. SHFA, 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. Nays-Councilmen Mur- phy, Wharton. Special Session, November 21st, 1941. 28~ Councilman Thompson moved that City Clerk J. J. Shea be appointed Act- ing City Manager during the absence of City Mannager A. A. Rhomberg from the city Seconded by Councilman Schueller Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. There being no further business, Councilman Murphy moved to adjourn. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Whartou. it Nays-None. J. J. SH1~A> City Clerk. Approved ______________________1942. Adopted ________________________1942. Councilmen: _______________________ Attest: -----------••------------------ Cit~ Clerk. --~- 2&~