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1946 January Council ProceedingsRegular Session, January 7th, 1946 ~ "li i~'Ill~~l ®~ (Official) Regular Session, January 7th, 1946. Council met at 7:30 p.m. Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel• man, Wharton, City Manager Rhom• berg. Mayor Thompson 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. Council Wharton 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. Second• ed by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Mr. Harold Holloway addressed the Council requesting that the san• itary sewer condition an West Lo- cust Street be given immediate at- tention by the City as the backing up of the sanitary sewer into the basement of the residences on West Locust Street after every rain is causing an unsanitary condition and a condition that needs prompt at- tention and correction by the City of Dubuque. Mr. Holloway was ad• vised by the Council that a relief sewer would be constructed just as soon as possible to remedy this condition as the present-sewer is mat large enough to carry the sew- age load in this district. Notice of Claim of PFC Ray Box- leiter in an unstated amount for injuries sustained by hie wife in a fall on an icy and snow covered sidewalk in front of 2419 Central Avenue, presented and read. Councilman R'Ioffatt moved that the Notice of Claim be referred to the Gity Solicitor for investigation and report. Seconded by Council• man Wharton. Carried by the fol• ]owing vote: Peas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Miss Velma Shoars in an unstated amount for injuries sustained in a fall in trip- ping on a raised section of sidewalk and slipping and falling on the ice in front of 560 Eighth Avenue, pre- sented and read. Councilman Wharton 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 Duel• man, Wharton. Nays-None. Petition of E. F, Hornung' and oth- ers requesting the vacation of the alley between Brunswick Street a.nd Burden Avenue from Groveland Place to O'Neill Street, presented and read. Councilman Van Duelman moved that the petition be referred to the Council to view the grounds. Sec• onded by Councilman Murphy. Car• Tied by the following vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. Petition of A. J. Berntgen request. ing a refund in the amount of $100.00 on the unexpired portion of his Class "B" Beer Permit No. 86 as he has discontinued business on December 31, 1945, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $100.00 in favor of A. J. Berntgen to cover the amount of refund granted on the unexpired portion of his Class "B" Beer Permit No. 86. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of Earle J. Blue request- ing arefund in the amountof $50.00 on; the unexpired pm•tion of his Cigarette Permit No. 206 as he has discontinued business on December 31, 1945, presented and read. Councilman Murphy moved that the request be granted and the City Auditor instructed to draw a war- ~~~' -w.n~u.,_..:..,..~.._....,~ ,- -__- •~w~~ ~ ~r.~,~a~.u-.~~~Y~IWIYmYIWInNUO~~YUUU~XUNUYUUY~Imuuwlm~~dWmW~WU1~~VmIUYWYWWWVYW~YIVYViVW4WiuJYYmmW,nimwnY~BNUmmNiuuWUUtlWUwY~u~~.~~~~. ~~6~GIYWUU6~~~ddiumlWmwmnuuuuumuwu uYUUm ii iii uiuuuw .~~ °'`i !.j ;~ i -~ i 2 Regular Session, January 7th, 1946 rant in the amount of $50.00 in favor df Earle J. Blue to cover the amount of refund granted on the unexpired portion of his Cigarette Permit No. 206. Secouded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of James Walker request• iug a refund iu the amount of $100.00 on the unexpired portion of his Glass "B" Beer Permit No. 55 as he has discontinued business on December 31, 1946, presented and read, Councilman Wharton moved that the request be granted and the City Auditor instructed to draw a war- rant in the amount of $100.00 in favor of Jantes Walker to cover the amount of refund granted om the unexpired portion of his Class "B" Beer Permit No. 55. Secouded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Mm•phy, Van Duelman, Wharton. Nays-Noce. Petition of M. L. Harwood re- questing arefund in the amount of $50.00 on the unexpired portion of his Cigarette Permit No. 136 as he has discontinued business on De- cember 31,1945, presented and read. Councilman Moffatt moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of M. L. Harwood to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 136. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. January 2, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: At the December 21, 1945 meeting of the City Council, the speed of Chicago Great Western Railway trains through the city carne up far discussion. I have this date been advised by E. E, Deyo, Division Superintend- ent of the Chicago Great Western Railway Co., that, by his order, tho speed of their passenger trains has been restricted to a maximum of 20 miles per hour through the City of Dubuque and that the speed of their freight trains in the city has been restricted to a maximum of 16 miles per hour. The railway officials expressed their desire to cooperate fully with the city administration. Respectfully submitted, A. A. RHOMBERG City Manager Councilman Murphy moved that the communication of City Manager Rhontberg be received and made a matter of record. Seconded by Coun- cihnau Wharton. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. December 2Q 1945 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Waterworks, and. City Health Department, also a list of claims and list of paytrolls for which warrants were drawn during the month of November, 1945. Respectfully submitted, A. A. RHOMBERG, City Manager Councilman Murphy moved that the reports be received and placed on file. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton Nays-None. Resolution No. 1-46 Whereas, the Maizewood Insula- tion Company on the 15th day of February, 1941 entered into a cou- tract with the City of Dubuque to purchase the following real estato: All that part of Lots 1 and 2 of Block B and Lots 1 and 2 of Blook C and the portion of vacated Chart- er Street east of Harrisoti Street in Industrial Subdivision in the City of Dubuque, Iowa, according to the recorded plats thereof, not laereto- fore conveyed by said City, intend- Regular Session, January 7th, 19'16 3 ing to describe and include all of said Lots 1 and 2 of said Block B except the easterly 50 feet thereof, all of Lot 1 of Block C except the easterly 50 feet thereof, all of Lot 2 of Block C and that part of vacat- ed Charter .Street abutting the property herein above described; and Whereas, The Maizewood Insula• tion Company has on the 1st day of December, 1945 completed the pay- ments as provided in the contract and is entitled to execution and de- livery of a warranty deed conveying the premises without abstract of title; Now, Therefore, Be It Resolved by the Ctty Coun• cil of the City of Dubuque that the Mayor and City Clerk be authorized to execute said warranty deed for and on behalf of the City of Du- buque, Iowa. Passed, adopted and approved this 7th day of January, 1946. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEC. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman Wharton moved the adoption of the resolution, Second- ed by Councilman Moffatt. Carried by the following vote: Passed, adopted and approved this 7th day of January, 1946. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTOAT, GEG. R. MURPHY W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk 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 Duel- man, Wharton. Nays-None. Resolution No. 3-46 Whereas, applications fm' Class "B" Beer Permits have been suU mined to this Council far approval and the same have been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be granted and the licenses are to be issued upon the compliance with the terms of the ordinances of this City. Class "B" Permit Name Address Nick Kramer and Marie J. Kram- er, 2222 Central Avenue. Clarence G. Pregler, 2403 Central Avenue. Wm. J. Canfield, Jr. (Canfield Hotel), 4th and Central Avenue. Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Resolution No. 2-46 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. Name Address William F. Keefe, -2700 Jackson Street. Joseph Walsh, 21 West 7th Street Passed, adopted and approved this 7th day of January, 1946. F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON, GEG. R. MURPHY, W. W. MOFFATT, Councilmen Attest: J. J. SHEA, City Clerk Councilman 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 Duel• man, Wharton. Nays-None. .---~ -. --.~ ~, ~~.v..~..,,.~... 4 Regular Session, January 7th, 1946 Resolution No. 4-46 Whereas, heretofore applications for Class "B" Beer Permits were filed by the" within named appli- cants and they have received the ap- proval 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, Be It Resolved by the Council of the City of Dubuque that the Manager be and he is hereby direct- ed to issue to the following named applicants a Beer Permit. Class "B" Permit Name Address Albert 117. Meyer, 779 Iowa Street. Nick Kramer and Marie J. Kram- er, 2222 Central Avenue. Clarence G. Pregler, 2403 Central Avenue. Wm. J. Canfield, Jr. (Canfield Hotel), 4th and Central Avenue. Be it Further Resolved that ahe bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 7th day of January, 4946, F. W. THOMPSON, Mayor FRANK VAN DUELMAN, ALBERT WHARTON GEO. R. MURPHY, W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk Councilman Murplry moved the adoption of the resolution. Second- ed by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. There being no further business Councilman Murphy moved to ad- journ. Seconded by Councilman Wharton; Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. J, J, SHEA, City Clerk Approved ................................... 1946 Adopted ................................., 1946 Councilmen : ....:................................. Attest : ................................................ City Clerk. Special Session, January 14th, 1946 ~ .d ~r f~i i ,: 3 ,J f (Official.) present "Local Business District" at Stewart and Delhi Streets east- erly to the easterly line of Lot 4 of Hughes Subdivision, presented and read. Councilman Van Duelman moved that the reading just had be considered the first reading of the ordinance. Seconded by Coun- cilman Moffatt. Carried by the fol- lowing vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None, Councilman Van Duelman moved that the rules be suspended requir- ing au ordinance to be read on three separate days. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Councilman Van Duelman moved that the ordinance be placed on file 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 Duel- man, Wharton.. Nays-None, Notice of Claim of Mrs, Anna Schaul in, the amount of $3.65 for damages to her car caused in strik- ing aloose grating between 9th and 10th on Locust Street, presented and read. Councilman Wharton moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Second- ed by Councilman Murphy., Car- ried by the following. vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Notice of Claim of Mr's. Cora Drost in an unstated amount for in- juries sustained in a fall on icy street on Cherry Street between As- bury Street and Finley Street, pre- s e n t e d and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solic- itor for investigation and report. Seconded by Councilman Moffatt, Carried by the following vote: Speoial Session, January 14th, 1946. Council met at 7:30 P.M. Present-Mayor Thompson, Coun- cilmen Moffatt, Murphy, Van Duel- man, Wharton, City Manager Rhorn- berg. Meeting called by order of Coun- cilmen Van Duelman and Wharton. Mayor Thompson read the call and stated that seavice thereof had been duly made and that this meet, ing is called for the purpose of con- ducting apublic hearing on the matter of extending the "Local Business District" at Stewart and Delhi Streets easterly to the easter- ly line of Lot 4 of Hughes Subdiv ision, maintaining the width of 100 feet fi°om the street line of Delhi Street, changing• the classification of Lat 4 of Hughes Subdivision from "Multiple Residence District" class- ification to . "Local Business Dis• trict" classification, and acting on any other business as may properly come before a regular meeting of The City Council. Proof of publication, certified to by the publishes°s, of notice of public hearing on the matter of extending the "Local Bu4hress District" at Stewart and Delhi Streets easterly to the easterly line of Lbt 4 of Hughes Subdivision maintaining the width of 100 feet from the street line of Delhi Street, changing the classification of Lot 4 of Hughes Subdivision from "Multiple Resi- dence District" classification to "Local Business District" classifi- cation, presented and read, Coun- cilman Van Duelman moved that the proof of publication be received and filed. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Ordinance No. 1.46. An Ordin- ance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No. 3.34, designated "Zoning Ordinance of the City of Dubuque" extending the 6 Special Session, January 14th, 1946 Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Petition of The Dubuque County Chapter of the National Foundation fo;• Infantile Paralysis requesting permission for the holding of a tag day on Saturday, January 26th, pre- sented and read. Councilman Whar- tonmoved that the request be grant- ed. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. Council Proceedings for t h e months of October, 1945 and Nov- ember,1945, presented for approval. Councilman Murphy moved that the Council Proceedings for the months of October, 1945 and November, 1945, be ~ap~proved as printed. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duei• man, Wharton. ATays-None. January 10,1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Waterworks, amd City Health Department, also a list of claims and list of pays°olls for which warrants were drawn during the month of December, 1945. Respectfully submitted, A. A, RHOMBERG, City Manager Comicilman Wharton moved that the reports be received and placed on file. Seconded by Councilman Moffatt. Carried by the following vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel man, Wharton. ATays-None. January 12, 1946 In re: Claim of Caroline M. Maedel Honorable Mayor and City Council Dubuque, Iowa Gentlemen: Upon investigation I find that the claimant fell on a sidewalk in fi°ont of 453 West Eighth Avenue and fractured her elbow. That the sidewalk was in a dangerous .condition. Claimant has agreed to accept the sum of her doctor bill in full payment of her claim against the Gity. I recommend that the claim of Caroline M. Maedel be allowed in the sum of $19.OD, that a lvarrant be issued to her for said amount and delivered to her upon delivery to the City of a properly exectuted release, Yours truly, JOHN J. I{INTZINGER City Solicitor. Councilman Murphy moved that the recommendation of City Solicit. or Kintzinger be approved and the City Auditor instructed to draw a warrant in the amount of $19.00 in favor of Caroline M. Maedel, as settlement in full of her claim, and that said warrant be delivered upon receipt by the City of Dubuque oP a properly executed release. Sec- onded by Councilman Wharton. Carried by the following vote: Yeas-Maym• Thompson, Council• men Moffatt, Murphy, Van Duel• man, Wharton. Nays-None. Verbal recommendation of City Manager Rhomberg, recommending that bids be advertised"for street signs to cover the entire City of Dubuque, presented. Councilman Wharton Moved that the verbal rea ommendation of City Manager Rhomberg be approved and the City Clerk instructed to advertise for bids for street signs as recommend- ed. Seconded by Councilman Mof• fatt. Carried by the following vote: Yeas-Mayor Thompson, Council. men Moffatt, Murphy, Van Duel• man, Wharton. Nays-Noce. January 14, 1946 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: The present 75 foot aerial ladder truck with turretpipe is in very poor condition, and in need of replacement. It was placed in service August 16, 1918 and has had for some time been considered obsolete. Fire apparatus is now be• coming available once more. I recommend that bids be adver• tised for according to specifications to be prepared by the Fire Chief for a new aerial truck. Respectfully submitted; A. A. RHOMBERG, City Manager. Special Session, January 14th, i9~6 Councilman Murphy moved that the recommendation of City Mana- ger Rhomberg be approved and the City Clerk instructed to advertise for bids for a new aerial truck as recommended. Seconded by Coun• Gilman Van Duelman. Carried by the following vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel• man, Wharton, Nays-None. Resolution No, 5-46 WHEREAS, application for Class "B" Beer Permit has been submit• ted to this Council for approval and the same has been examined: Now, Therefore, BE IT RESOLVED by the Coun• Gil of the City of Dubuque that the following application be granted and the license is to be issued upon. the compliance with the terms of the ordinance of this City. Class "B" Permit Name Address Leo Wanger, 553 Eighth Avenue Passed, adopted and approved this 14th day of January, 1946. F. W. THOMPSON Mayor FRANI{ VAN DUELMAN ALBERT WHARTON GEO, R, MURPHY W. W. MOFFATT Councilmen ° Attest: J. J. SHEA, City Clerk Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Wharton, Carried by the follotiviug vote: Yeas-Mayor Thompson, Council• men Moffatt, Murphy, Van Duel- man, Wharton. Nays-None. Resolution No. 616 Whereas, heretofore application for Class "B" Beer Permit was filed by the within named applicant and it has received the approval of this Council; and Whereas, the premises to be oc- cupied by such applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond: Now, Therefore, BE IT RESOLVED by the Council of the City of Dubuque that the Manager be and is hereby directed to issue to the following named ap• piicaut a Beer Permit. Class "B" Permit Name Address Leo Wanger, 553 Eighth Avenue. BE IT FURTHER RESOLVED that the bond filed by such appli- cant be and the same is hereby ap- proved. Passed, adopted and approved this 14th day of January, 1946. F. W. THOMPSON Mayor FRANK VAN DUELMAN ALBERT WHARTON GEO, R. MURPHY W. W. MOFFATT Councilmen Attest: J. J. SHEA, City Clerk Councilman 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 Duel- man, Wharton. Nays-None. There being no further business Councilman Murphy moved to ad• journ. Seconded by Councilman Vau Duelman, Carried by the following Vote: Yeas-Mayor Thompson, Council- men Moffatt, Murphy, Van Duel- man, Wharton.. Nays-None. J. J. SHEA, City Clerk. Approved ..................................1946. Adopted ......................................1946, Councilmen : ..... ................................ Attest : .......................................... City Clerk.