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1945 SeptemberCouncil Proceedings II 161 1945 Session, September .3rd, Council (Official) Septemebr 3rd, of the City Council upon roll call, the postponed subject to ~ J. J. SHEA, City Clerk. 1946. Regular City Session, Regular 1946. No members being present meeting was call. 1945, City Clerk. { l Approved Councilmen Attest: Adopted It, I l , ~ I . 'I I 11 1 I I" ',i !i! I , 'I i ii i I'!i I': :il h 11, 1:1 h , I' I , I , i , , I, 163 City of Dubuque except the south 0.49 miles of U. S. No. 61, and the west 0.65 miles of U. S. No. 20. Total miles 7.65 at $300.00 per mile. Total Routine Maintenance $2.295,00, It is understood that "routine maintenance operations" shall in- clude surface maintenance, road bed repairs, repairs to bridges, cul- verts and guard rail, weed cutting, snow plowing and other mainten- ance usually performed on primary roads outside of cities and towns. Routine maintenance of paved streets shall extend from curb to curb. Snow plowing included in routine maintenance will apply to a width of approximately 30 feet. The haUling and disposal of the snow plowed from the 30-foot sec- tion is not included in this contract. Party of the First Part further agrees to perform special mainten- ance work for the Party of the Sec- ond Part on the above designated extensions. This special mainten- ance work is specifically described as follows: Snow removal and sand- ing of hiEs will be performed as routine maintenance. Any 0 the r speCial maintenance will be covered by supplementary contract. 1945 Adjourued Regular Sessiou September 4th, Notice of Claim of Alfred Wunder in an unstated amount for damages to his car caused when his ear slid into a depression in the street in front of a storm sewer on 13th Street between Central Avenue and Iowa Street, persented and read. Councilman Murphy moved t,hat the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man \Vharton. Carried by the fol- lowing vote Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Communication of C. R. Livings- ton, Asst. Dist. Mgr. Iowa State Highway Commission, submitting for Council approval maintenance contract for the year beginning July 1st, 1945, presented and read. Councilman Murphy moved that the communication be received and the contract approved and the Mayor authorized to execute said contract on behalf of the City of Dubuque. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. 1945 Councilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Notice of Claim of John T. Langel in the amount of $26.36 f-Or dam~ ages to his car caused in striking a manhole cover at Ninth and Locust Streets, presented and read. Counilman Van Duelman moved that the Notice of Claim be referred to the City Solicitor for investiga- tion and report. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote Notice of Claim of Harvey Sin- clair in the amount of $100.00 for damages to his automobile caused by the fall of a large, heavy, rotten and decayed limb on the top of his car opposite his home at 504 Jeffer~ son Street, presented and read. Special Maintenance. None. Contract Amount, $2,295.00. In Witness Whereof, the Parties hereto have set their hands, for the purposes herein expressed, on this 4th day of September, 1945. DUBUQUE, IOWA. City. THOMPSON, Mayor. First Party. IOWA STATE HIGHWAY COMMISSION. By S. RAY EMERSON, Chairman. September 18, 1945. Recommended for Approval September 6, 1945. C, R, LIVINGSTON, Engineer. tl Adjourned Regular Session September 4th, iI Counc ity Yeas-Mayor Thompson, Council- men Moffatt. Murphy, Van Duel man, Wharton. Nays-None. W, ByF, "" Councilman Murphy moved :-hat City Manager Rhomberg be in- structed to ask the Iowa State High- way Commission to cause a survey to be made of the traffic at the ap- proach of the Dubuque-East Du- buque High Bridge at the inter- section of Dodge and Locust Streets and also to notify the Highway Commission that it is the wish of CONTRACT County Dubuque City Dubuque. PRIMARY ROAD EXTENSION MAINTENANCE. This written duplicate memoranda !Jf agreement made and entered in- to by and between the City of Du- buque, Iowa, Party of the First Part, and the Iowa State Highway Com- mission, Ames, Iowa, Party of the Second Part. Witnesseth: In consideration of the perform- ance by the Party of the First Part, of maintenance work specifi~d be. low during the periOd July 1st, 1945 to June 30th, 1946, Second Party agrees to pay First Part~ the amounts stipulated herein. Party of the First Part agrees to perform for the Party of th8 Sec- ond part, all routine maintenance operations in the City of Dubuque on extension of primary roads '3pe- cifically described as follows: All extensions of Primary Roads in the Total Total councilman Moffatt moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Notice of Claim of Mrs. Elinor Workman in the amount of $20.00 for damages to her car caused in striking a small projection nn the cap of the fire plug located at the Southwest corner of Loras Boule- vard and Bluff Street, presented and read. ik ~ I I ~. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Moffatt. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duelman, Wharton. Nays--None. 162 c Session, Council met at 7: 30 P. M. Present - Councilmen Moffatt, Murphy, Van Duelman, Wharton, City Manager Rhomberg. Absent-Mayor Thompson. Councilman Murphy moved that Councilman Van Duelman be ap- pointed Mayor Pro Tern of the meeting. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Councilmen phy, Wharton. Nays-None. Absent-Mayor Thompson. Councilman Van Duelman voting. Mayor Pro Tern Van Duelman stated that this meeting is an ad- journed meeting of the regular meeting of September 3rd, 1945, for the purpose of acting upon such business as may properly come be- fore a regular meeting of the City Council. Councilman Wharton moved that the rules be suspended fol' the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Pro Tern Van Duel- man, Councilmen Moffatt, Murphy, Wharton. Nays-None. Absent-Mayor Thompson. Dr. C. C. Lytle, Health Director, addressed the Council asking to have the carnival stopped from showing on account of the danger of polio and on account of no toilet facilities. This matter was deferred until the meeting of the Board of Health to be held after the Council meeting. Mayor Thompson entered the Council Chamber and took the Mayor's chair at 7:40 P. M. Notice of Claim of Midwest Fin- ance Corporation, H. L. Pier, Man- ager, in the amount of $5.81 for damages to an auto body spring due to a hole or depression on Valley Street, presented and read. Mur not Official.} Ad j 0 urn e d Regular September 4th, 1945. Moffatt, ~ 165 that the report be received and placed on file. Seconded by Council- man Murphy. Carried by the fol- lowing vote: Yeas~Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays~None. the recommendation of the Board of Dock Commissioners be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays~None. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn durM ing the month of July, 1945, pre- sented and read. Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Mur- phy. Carried by the following vote Yeas~Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays~None. Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the follOWing vote Yeas-Mayor Thompson, Counc men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Petition of Mrs. Minnie Zogg ask- ing the City Council to consider the payment of $30.00 per lot as settle- ment of the special assessment le- vied against Lots 7 and 8 of JanM sen's Sub. NO.3 located on Roose- velt Street, presented anj read. Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Counilman Van Duelman moved that the communication be received and flIed. Seconded by Councilman Murphy. Carried by the following vote August 31, 1945. To the Honorable Mayor and City Council, Dubuque. Iowa. Gentlemen: This is to advise that r have approved the following pol- icy and bond and desire to have your approval on same for fiIin~ Councilman Murphy moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Van Duelman. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Petition of Marmis & Solomon reM questing that the railroad track on Salina Street now serving their property be changed in order that said track may enter their property from the south instead of at present from the north, and also requesting permission to erect a cement block warehouse as they propose expand- ing their present business, pre- sented and read. TAXI-CAB, Radio Cab Company, 4th and Cen- tral Avenue; Policy No. 14Pl02191, American Casualty Co. EXCAVATION. Braconier Plumbing and Heating Co., 1091 University Avenue; In- demnity Insurance Co. of N. A. Richard J. Burke, 130 West 13th Street; Bond No. 3711, American Bonding Co. of Baltimore. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Van Duelman moved that the bonds be approved and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wbarton. Nays-None. August 28, 1945. To the Honorable Mayor and City Council, Dubuque. Iowa. Gentlemen: I herewith submit the reports of the Auditor, l'i'eas- urer, Health Department and \Vater- works, also a list of claims and paYM II 1945 Adjourned Regular Session September 4th, Petition of Frank Lange request- ing vacation of the alley running East and West between Alumni Street "and Harmon Street in Uni- versity Addition, Mineral Lots 186- 187, presented and read. Yeas-Mayor Thompson, Councl. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that City Manager Rhomberg be authorM ized to advertise for bids for the sale of the house located on City Island and known as the Papin Home. Seconded by Councilman Wharton. Carried by the following vote: Communication of the Trades and La.bor Congress complimenting the City Council for appointing Mr. J. Grogan as Labor representative on the Parking Survey and Meter Com- mittee, presented and read. Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Communication of Dubuque Stone Products Company calling attention of the City Council to conditions that confront the Company due to the fact that their quarrYing lease with the Dubuque Park Board is about exhausted and stating that the Company believes that the City Council can be of material assist- ance in helping them secure the rock they so urgently require, and further stating that the Company would welcome an opportunity to meet with the City Council at an early date to acquaint the City Council with further details, pre- sented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Thompson, Council- men I\loffatt, Murphy, Van Duelman, Wharton. Nays-None. R e par t of Superintendent of Parks for the fiscal year 1944-1945, presented and read. Councilman Van Duelman moved , 'I I , ~i Counilman Wharton moved that the portion of the petition of Mar- mis & Solomon requesting that the railroad track on Salina Street now serving their property be changed in order that the track may enter their property from the south in- stead of as at present from the north, be granted, and the City So- licitor requested to prepare the pro- per proceedings. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Councilman Wharton moved that the portion of the petition of Mar- mis & Solomon requesting permis- sion for to erect a cement block warehouse and expansion of their present junk yard on Lot 10 be re- ferred to the planning and Zoning Commission for their recommenda- tion and report. Seconded by CounM cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. that Nays-None. Communication of C. F. Hartman advising council of bis acceptance of the appointment as a represenM tative of the Retail Merchants' Bu- reau in connection with the problem confronting the City at the present time with regard to auto parking, presented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Mur- phy. Carried by the following vote: Y eas- Mayor Thompson, CouncilM men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Communication of Mrs. Emilie Buettell, per Dorothy Buettell, ex- pressing her views concerning the ordinance on trailer camps, pre- sented and read. Councilman Wharton moved that the communication be received and filed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Communication of J. A. Kerper, President of Board of Dock Com- missioners, suggesting that the house located on City Island known as the Papin Home be advertised for sale immediately, presented and read. Councilman 1 ! i 1945 Adjourned Regular Session September 4th, the City Council that Stop and Go lights be installed at this inter- section. Seconded by Councilman Mo-ffatt. Carried by the following vote 164 moved Moffatt ~ 167 Luxemburg Club of Dubuque. Iowa, 1832-68 Central Avenue. The Oasis Club, 998 Central Avenue. Lodge No. 355, Loyal Moose, 1379 Central Dubuque Order of Avenue. Name. Address. Frank Kraus and Jacob Kraus, 2412 Central Avenue. CLASS "C" PERMIT, Tenenbom Super-Market, Inc.. 630 Locust Street. Be It Further Resolved, that the bond filed with the application be approved. 1945 CLASS "B" PERMIT FOR PRIVATE CLUB, Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote Passed, adopted and approved this 4th day of September, 1945. F,W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, W. W, MOFATT, Councilmen. J, SHEA, City Clerk. J. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None, I recommend that the claim of Mrs. John Klassen be allowed in the amont of $13.00 and that :l. war- rant be drawn to her order.in that amount and delivered to her upon delivery to the City of a properly executed release. Yours truly, JOHN J, KINTZ INGER, City Solicitor. Councilman Van Duelman moved that the recommendation of City Solicitor Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $13.00 in favor of Mrs. John Klass- 'en as settlement in full of ner daim, and that said warrant be delivered upon receipt by the City of Du- buque of a properly executed re- lease. Seconded by Councilman Moffatt. Carried by the following vote Attest Passed, adopted and approved this 4th day of September, 1945. F, W, THOMPSON, Mayor. FRANK VAN DUEL MAN, ALBERT WHARTON, GEO, R. MURPHY, W, W. MOFFATT, Councilmen. J, J, SHEA, City Clerk. Resolution No. 72-45 'Whereas, Heretofore applications for ~eer Permits were filed by the within nallled applicants and they have received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Resolution No. 71-45 Whereas, Applications for 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 fol- lowing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City: II Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicants a Beer Permit: CLASS "B" PERMIT, Name. Address, Steve Cole, 402 Main Street. Phillip Mihalakis and Viola Mi- halakis, 1698 Maple Street. Leonard Burke, 1091 Main Street. Joseph J. Hesselman and Hilda C. Hesselman, 332 Eighth Avenue, William A. Brown and Hilda Brown, 2417 Rhomberg Avenue. John A. Hochberger and Wm. Hochberger, 1701 Asbury Street. Adjourned Regular Session September 4th, of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers within said City, and the Manager is directed to issue such permit on behalf of said City. Yeas-Mayor Thompson, Councl. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Attest Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Yeas-Mayor Thompson, Councl. men Moffatt, Murphy, Van Duelman, Wharton, Nays-None. September 5, 1945. To the Honorable Mayor and City Council. Gentlemen The Planning and Zoning Commission respectfully recommends granting of the peti- tion of Alma Kruse et aI., asking re- zoning of the property bounded by Queen Street, Regent Street, Wind- sor Avenue and East Twenty-fourth Street from its present two-family residence district to Multiple Resl. dence District classification. Yours truly, R. V. McKAY, Secretary. DUBUQUE PLANNING & ZONING COMMISSION. August 24, 1945. In re: Claim of Dr. J.,D. Paquette Honorable Mayor and City Council City of Dubuque, Iowa. Gentlemen: On July 11, 1945, a letter was filed with the City Clerk with re1'erence to a claim for dam- ages to a car owned by Dr. J. D. Paquette of Cuba City, Wisconsin, claiming that said car, while being operated by Genevieve Paqu':ltte in the Twenty-nine Hundred block of Balke Street, collided with a man- hole in the street and dam.:tges were sustained in the amount of $65,90. CLASS "B" PERMIT, Name. Address Phillip Mihalakis and Viola Mi halakis, 1698 Maple Street. Leonard Burke, 1091 Main Street Joseph J. Hesselman and Hilda C. Hesselman, 332 Eighth Avenue. William A. Brown and Hilda Brown, 2417 Rhomberg Avenue. John A. Hochberger and Wm, Hochberger, 1701 Asbury Street. Thomas F. McDonough and Ruth McDonough 1052 University Ave. nue. Harry V. Grode and Viola Grode, 1638 Central Avenue, l ~ ~ u.,1'i 1945 Adjourned Regular Session September 4th, were July, Respectfully submitted, A, A, RHOMBERG, City Manager. 3 Councilman Murphy moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved and the City Solicitor re. quested to prepare the proper pro- ceedings. Seconded by Councilman Moffatt. Carried by the following vote: Resolution No. 70--45 Be It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provision of law relating to the sale 1 Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duelman Wharton. Nays-None. From my investigation of this matter, I am of the opinion that there is no liability on the part of the City and recommend that the claim be denied. Yours truly, JOHN J, KINTZINGER, City Solicitor. Councilman Moffatt moved that the recommendation of City Solicit- or Kintzinger be approved. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman. Wharton. Nays-None, August 10, 1945. In re: Claim of Mrs. John Klassen. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I have investigated this claim and find that claim.l.nt, while stepping from an automobile that was parked along the curb on the north side of 9th street, stepped into a large opening where the curb stone had been broken off, fell and sustained an injury to her head which required surgical attention. Her actual expenses amount to $13.00, i! , I: for which warrants during the month of 166 rolls drawn 1945, Adjourned Regular Session September 4th, 1945 169 Application of Elmer Christ for a Class "c" Beer Permit presented and read. 1945 buque County, Iowa, by the County Treasurer of Dubuque County, Iowa, for delinquent taxes and unpaid taxes for the years 1931 to 1934, in~ elusive; and Thomas F. McDonough and Ruth McDonough, 1052 University A ve~ nue. Harry V. Grode and Viola Grode, 1638 Central Avenue. Councilman Van Duelman moved that the application be referred to the City Council. Seconded by Councilman Murphy. Carried by the fOllowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Application of Agnes Zahina for a Class "C" Beer Permit presented and read. Councilman Van Duelman moved that the application he referred to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. NaYs-None. There being no further business, CounCilman Wharton moved to ad- journ. Seconded by Councilman Moffatt. Carried by the follOWing vote Be It Resolved by the City Coun- cil of the City of Dubuque, Iowa, that the sale of said property to Arthur Stecklein for the sum of $100.00 in cash be and the same is hereby authorized and approved. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. J, J, SHEA, City Clerk. Passed, adopted and approved this 4th day of September, 1945. F, W. THOMPSON, Mayor. FRANK VAN DUEL:L\rIAN, ALBERT WHARTON, GEO, R, MURPHY, W, W, MOFFATT, Councilm.an. Passed, adopted and approved this 4th day "Of September, 1945. F, W. THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R, MURPHY, W, W, MOFFATT, Councilmen. J, J, SHEA, City Clerk. 1946. 1945. Approved Adopted 1 I l Councilmen J, J, SHEA, City Clerk. Councilman Moffatt moved the adoptioI.l of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Counci. men Moffatt, Murphy, Van Du~lman, Wharton. Nays-N Jne. Petition of Mrs. R. F. Loetscher et al. requesting vacation of the al- ley running from Coates Street Northerly to the Northerly line of Lot 6, said alley being the alley first East of Concord Street, pre- sented and read. City Clerk. Attest Councilman Wharton moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Resolution No. 73--45 Whereas, Lots 2 and 3 of C. A. Voelker's Add. to the City of Du- buque, Dubuque County, Iowa, were sold on February 3, 1936, to Du- I Adjourned Regular Session September 4th, 168 Whereas, The .said Dubuque Coun- ty, Iowa, desires to sell the above described real estate to Arthur Stecklein for $100.00; and Whereas, The sale of said prop- erty by Dubuque County, Iowa, to Arthur Stecklein for a sum less than the total amount stated in the tax certificate including all endorse- ments of subsequent general taxes, interests and costs requires the written approval of a majority of aU tax-levying and tax-certifying bo- dies having any interest in said general taxes: Now, Therefor3, No. 355, Loyal 1379 Central Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved. CLASS "B" PERMIT FOR PRIVATE CLUB. Luxemburg Club of Dubuque, Iowa, 1832-68 Central Avenue. The Oasis Club, 998 Central Avenue. Dubuque Order of Avenue. CLASS "c" PERMIT, Tenenbom Super-Market, Inc., 630 Locust Street. Lodge Moose, Attest Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas----=---Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Communication of County Audi- tor Daykin adviSing that the Board of Supervisors have accepted an uf- fer of $100.00 made by Arthur Stecklein on Lots 2 and 3 of C. A. Voelker's Addition, .presented and read. Attest Councilman Murphy moved that the communication be received and filed. S e con d e d by Councilman Wharton. Carried by the following vote 'I . 1 171 Board of Health meeting adjourn. Seconded by Mr. Gen. R. Murphy. Carried by the following vote: Health Board of Yeas-Chairman F. W. Thomp- son, Messrs. W. W. Moffatt, Geo. R. Murphy, Frank Van Duelman, AI. bert Wharton. Nays-None. Special Session, September 10th, 1945, J. J, SHEA, Clerk, Board of Health. Approved 194fi. Board met at 7:30 P. M. Present-Chairman F. W. Thomp. son, Messrs. W. W. Moffatt, Geo. R. Murphy, Frank Van Duelman, Al- bert Wharton, City Manager Rhom- berg. J. J. SHEA, Clerk, Board of Health. 1945. 1945. 1945, Adopted Members of Board of Health Petition of Sieg-Dubuque Com- pany and others, taxpayers and property owners, requesting the City Council acting as a Board of Health to investigate their com~ plaint that the Barvin's Dubuque Hide & Fur Company is a pUblic nuisance in its present location at 495 White Street, presented and read. Health. Members of Board of Health Clerk, Board of Health. Clerk, Board of Attest Mr. Geo. R. Murphy moved that the rules be suspended for the pur- pose of allowing anyone present in the Council Chamber, who wishes to do so, to address the B03rd of Health. Seconded by i\1r. W. W. Moffatt. Carried by the following vote &,~H~ ~~u. ~~ ~~~~_~" was taken UIl A lengthy discussion was Yeas-Chairman F. W. Thomp- son, Messrs. W. W. Moffatt, Geo. R. Murphy, Frank Van Duelma:1, Al- bert Wharton. NaYs-None. I tI Attorney M. H. Czizek addressed the meeting in behalf of the peti- tioners and also W. R. Gruwell, Frank Fluckiger, Charles C. Ray -and J. E. Behlmer, signers of the petition, addressed the meeting. Attorney E. Marshall Thomas ad- dressed the meeting in behalf of the Barvin's DUbuque Hide & Fur Company, and also the Messrs. Bar- vins addressed the meeting. After the discussion was ended Mr. Albert Wharton moved that action on this matter be postponed pending ad- justment between the interested parties. Seconded by Mr. Geo. R. Murphy. Carried by the folloWing vote: Yeas-Chairman F. W. Thomp- son, Messrs. W. W. Moffat1:, Geo R. Murphy, Frank Van Duelman, Al- bert Wharton. Nays-None. There being no further business, Mr. Albert Wharton moved that the Mr. Albert Wharton moved that the present carnival grounds sit- uated on Fourth Street Extension outside of the ball park be no longer available for outdoor amusements. Seconded by Mr. W. W. MoffatL Motion lost by the following vote W. W. Moffatt and Nays-Chairman F. W. Thomp- son, Messrs. Geo. R. Murphy and Frank Van Duelman. There being no further business, Mr. Geo. R. Murphy moved that the Board of Health adjourn. Seconded by Mr. Albert Wharton. Carried by the following vote r;: t I I 1 I 1945 10th, Special Session, September Board of Health (Official' App:mved (Official Session, September 4th, f I I I { I I I L Adopted Attest Present-Chairman F. W. Thomp- son, Messrs. W. W. Moffatt, Geo. R. Murphy, Frank Van Duelman, Al- bert Wharton, City Manager Rhom- berg. The request at the Council meeting by Dr. C. C. Lytle, Health Director, asking to have the carnival stopped from showing on account of the danger of ......"... n_.' ...- ~...~....._L of no toilet fae for consid- er~ he Bo HE Sa m' de it HE ni' lie l un I sh , lie Board met at 9:50 P. M. previously presented Yeas-Messrs. Albert Wharton. Yeas-Chairman F. W. Thomp- son, Messrs. W. W. Moffatt, Gao. R. :1 ! i i 1 II AI- 1945 Murphy, Frank Van Duelman, bert Wharton. Nays-None. Special Session, September 4th, 170 Special 1945. 173 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 10th day of September, 1945. F, W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R MURPHY, W. W. MOFFATT, Councilmen. J, J, SHEA, City Clerk. 1945 10th, Session, September from my investigation I am of the opinion there is no liability in this case and recommend that the daim be denied. Yours truly. JOHN J, KINTZ1NGER, City Solicitor. Councilman Murphy moved that the recommendation of City Soli- citor Kintzinger be approved. Sec- onded by Councilman Moffatt. Car- ried by the fOllowing vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Attest Councilman Van Duelman 'lloved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Application of Elmer Christ for a Class "c" Beer Permit, presented and read. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Resolution No. 74-45 Whereas, the Planning and Zon- ing Commission of the City of Du- buque has recommended to the City Council of Dubuque the area be- tween Queen Street and Windsor Avenue and from Regent Street to Twenty-fourth Street be rezoned from its present "Two Family Resi- dence District" classification to "Multiple Residence District" classification. Ordinance No. 9-45. An Ordi- nance granting to the Illinois Cen- tral Railroad Company, its success- ors and assigns, right to construct and maintain a side-track from its track in Salina Street south of Charter Street, thence northeaster- ly in Salina Street and into the premises described as Lots 7, 8 and 9 of Block 13, in Dubuque Harbor Company's Addition to the City of Dubuque, Iowa, and providing the terms and conditions thereof, pre- sented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- Seconded by Councilman Carried by the following 10th, Council met at 9:00 P. M. Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhom- berg. Councilman Murphy moved that the application be denied. Seconded by Councilman Wharton. Carried by the following vote: nance. Wharton. vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duelman Wharton. Yeas-Mayor Thompson, Counci men Moffatt, Murphy, Van Dualman, Wharton. Nays-None. And, Whereas, before :he Zoning Map and the Zoning Ordinance of the City of Dubuque may be changed it is necessary that a pub- lic hearing be held, And, Whereas, the City Counci deems it advisable to hold such pub lie hearing. Now, Therefore, Zahina for presented Councilman Murphy moved that the application be denied. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Application of Frank J. Pusateri for a Class "C" Beer Permit, pre- sented and read. Councilman Murphy moved that the application be denied. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. NaYs-None. Y eas- Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. September 6, 1945. In re: Claim of Alfred Wunder. Honorable Mayor and City Counci City of Dubuque, Iowa. ~I ~ Communication of Mrs. Minnie Zogg submitting a revised offer in the amount of $50.00 per lot as set- tlement in full of the special assess. Be It Resolved by the City Coun- of the City of Dubuque That there should be a public hearing on the question of changing the area between Queen Street and Windsor Avenue and from Regent Street to Twenty-fourth Street from a "Two Family Residence District" classification to "Multiple Resi- dence District" classification, and that the City Clerk be, and he is hereby directed to cause to be pub- lished in the official newspaper of the City of Dubuque, notice of such hearing to be held by this City Council upon the proposed i."ecom- mendation of change, that the time and place be, and the same is here. by fixed for said hearing at 'l: 30 P. M., October 8th, 1945, in the City Council Chamber in the City Hall, Dubuque, Iowa. Said Notice to be so published so as to leave at least 15 days between the day of pUbli- cation and the time fixed for said I Gentlemen: With reference to the above claim, I have investigated this accident, went to the scene of the accident with the plaintiff and 1 Special 1945 Councilman Wharton moved that the request be granted. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman Wharton. Nays-None. September Special 1945, Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Thompson read the call and stated that service thereof had been duly made and that this meet- ing is called for the purpose vf con. sidering applications for Class "B" Beer Permits and acting on any other business as may properly come before a regular meeting of the City Council. Petition of Dubuque Senior High School requesting permission to stretch a banner across Main Street at Ninth Street during the football season, presented and read. Agnes Permit, Application of a Class "c" Beer and read. ci Nays-None. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be read on three separate days. Seconded by Coun- cilman Wharton. Carried by the fol- lOWing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on tile with the City Clerk for public in- spection for at least one week be- fore its final adoption. Seconded by Councilman Wharton. Carried by the following vote Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Councilman Murphy moved that the request be granted. Seconded by Councilman Wharton. Carried by the follOWIng vote: Petition of John Vondran request- ing a refund in the amount of $100.00 on his Class "B" Beer Per- mit No. 138 as he has discontinued business on September 6, 1945, pre- sented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $100.00 in favor of John Vondran to cover the amount of refund granted on the un- expired portion of his Class "B" Beer Permit. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Petition of Dubuque Navy Moth- ers' Club, No. 44, requesting per- mission for the holding of a tag day on Saturday, October 27th, 1945, presented and read. ,ii ,i ".1 'j ! I. Session, September 10th, iI Counc (Official) Session, Special ity 172 c 175 1946, 1946, men Moffatt, Murphy, Van Duel man, Wharton. Nays~None. J. J. SHEA, City Clerk. Approved. Adopted l City Clerk, Attest Communication of County Audi- tor Daykin advising that the Board of Supervisors have accepted an of. fer of $80.00 made by Lester Selle on the South 23 feet of the West 100 feet of Lot 9 and the North 30 feet of the West 100 feet of Lot 10 of Jaeger's Sub., presented and read. Councilman Wharton moved that the offer be rejected and the Board of Supervisors to be notified of the action taken by the City Coun- cil. Seconded by Councilman Van Duelman. Carried by the following vote Petition of Harold Pape et aI, property owners living on Vernon Street, requesting that the sanitary sewer be extended to serve their properties, presented and read. Councilman Wharton moved that the petition be referred to the City Council to view the grounds. Sec- onded by Councilman Murphy. Car~ ried by the following vote: Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel man, Wharton. Nays-None. Yeas-Mayor Thompson, Council men Moffatt, Murphy, Van Duel. man, Wharton. Nays-None. 1945 Special Session, September 10th, Passed, adopted and approved this 10th day of September, 1915. F, W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R, MURPHY, W, W, MOFFATT, Councilmen. Councilmen J, J, SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the fOllowing vot~ Yeas--;-Mayor Thompson, Council men Moffatt, Murphy, Van DU8lman, Wharton. Nays-None. 1945 by the within named applicant and it has received the approval of this Council; and Whereas, The premises to be oc- cupied by such applicants have been inspected and found to comply with the ordinances of this City and a proper bond has been filed; Now, Therefore, Attest Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap- plicanta Beer Permit: PERMIT, Address. 1255 Central A. Nardin, Be It Further Re.solved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 10th day of September, 1945. F, W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R, MURPHY, W. W, MOFFATT, Councilmen. Councilman Moffatt moved the adoption of the resolution. Seconded by Councilman Van Duelman. Car~ ried by the following vote Resolution No. 77-45 Be It Resolved by the City Coun~ cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. II There being no further business Councilman Van Duelman moved to adjourn. Seconded by Councilman Moffatt. Carried by the following vote: Y eas- Mayor Counci Thompson, 1255 Nardin, A, Resolution No. 76-45 Whereas, Heretofore application for Class OlE" Beer Permit was filed ~"-- , I I I. Special Session, September 10th, CLASS "B' Name. ments levied- against Lots 7 and 8 of Jansen's Sub. No.3 for the im- provement of Roosevelt Street, pre- sented and read. Councilman Van Duelman moved that the offer be accepted and the City Auditor instructed to draw a warrant in the amount of $204.80 against the Improvement Fund to make up the difference in the amount accepted and the amount of the special assessments levied against Lots 7 and 8 of Jansen's Sub. No.3 for the improv3ment of Roesevelt Street. Seconded by Councilman Murphy. Carried by the following vote Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. 174 George Avenue. Resolution No. 75--45 Whereas, Applications for Class "B" Beer Permits have been sub- mitted to this Council for approval and the same have been examined; Now, Therefore, J, J. SHEA, City Clerk. Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. Attest Name. George Avenue. Be It 'Further Resolved that the bond filed with the application be approved. Address. Central Be It Resolved by the Council of the City of Dubuque that the follow~ ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. "B' CLASS Name. George A. Nardin, A venue. John E. Noel and June Noel Central Avenue. Passed, adopted and approved this 10th day of September, 1945. F, W, THOMPSON, Mayor. FRANK VAN DUELMAN, ALBERT WHARTON, GEO, R. MURPHY, W, W, MOFFATT, Councilmen. Attest: J. J. SHEA, City Clerk. Counci.lman Van Duelman moved the adoption of the resolution. Sec. onded by Councilman Moffatt. Car~ ried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duelman, Wharton. Nays-None. PERMIT, Address. 1255 Central 2400