1946 April Council ProceedingsRegular Sessio
!~ ~ i~
- ~, -
(Official.)
Regular Session, April 1st, 1946.
Council met at 7:30 p.m.
Present -Mayor Thompson,
Councilmen Moffatt, Murphy, Van
Duelman, Wharton, City Manager
Rhomberg.
Mayor Thompson stated that this
is the regular monthly meeting of
the City Council, and also the first
meeting of the fiscal year, for the
transaction of such business as
may properly came before the
meeting.
City Clerk J. J. Shea swore in
Messrs W. W. Moffatt and Geo. R.
Murphy as Councilmen for the term
commencing the first Monday in
April, 1946
Councilman Frank Van Duelman
moved that Councilman Albert
Wharton be elected Mayor for the
ensuing fiscal year. Seconded by
Councilman Murphy. Carried by
the fallowing vote;
Yeas-Mayor Thompson, Council-
men Moffatt, Murphy, Van Duel-
man.
Nays-None.
Councilman Wharton not voting.
City Clerk J. J. Shea then swore
in the new Mayor, whereupon
Mayor Wharton took the Mayor's
chair.
Communication of R. M. Czizek
submitting application fm• appoint-
ment to the position of Police
Judge of the City of Dubuque under
the provisions of the Soldiers Pref-
erence Law, Chapter 60, 1939 Code,
as amended, presented and read.
Councilman Murphy moved that
the communication be received and
referred to the Council for con-
sideration.. Seconded by Council-
man Moffatt. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Van Duelman moved
that Louis F. Fautsch be tempor-
arily appointed Police Judge until
such time as the Council has an
opportunity to investigate the quali-
fications of the application of R.
M. Czizek for the position of Police
Judge. Seconded by Councilman
n, April 1st, 19~~t; 63
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Coun~il-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of Elroy H. Gras-
horn, Secretary of Trades and
Labor Congress, submitting the
name and request the appointment
of Mr. George Pohl as member of
Board of Review for the 1946 term,
presented and read.
Councilman Thompson moved
that the communication be referr-
ed to the Council for consideration.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Ceuncil-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution Na. 2&46
A resolution providing for the ap-
pointment of officers of the City of
Dubuque; prescribing their salaries
and fixing their bonds.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following officers be appointed,
subject, however, to the right of
the Council to declare such offices
vacant or remove the oficers there-
from at the pleasure of the Council
with or without cause, and to be
paid the compensation provided for
in the budget, and the following
bonds shall be provided by such of-
ficers at the expense of the indivi-
dual officer; City Manager, A. A.
Rhomberg, bond $5,000.00; City
Solicitor, John J. Kintzinger, bond
$1,000.00; City Clerk, J, J, Shea,
bond $1,000.00; City Assessor, Har-
ty J. Hanover, bond $500.00,
Passed, adapted and approved
this 1st day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN
F, W. THOMPSON,
GEO. R. MURPHY,
W, W. MOFFATT,
Councilmen
Attest: J, J. SHEA,
City Clerk
Councilman Moffatt moved the
adoption of the resolution, Second-
ed by Councilman Van Duelman.
Caned by the following vote:
Yeas-Mayor Wharton, Council•
men, Moffatt, 114urphy, Thompson,
Van Duelman.
Nays-None.
1 -~w~w uu
y'~
:~'~
':?1
°:~1
i
-1
i
i
I
i
i1
',
{'v-~=~
''- ~: '
64 Reauiar Session, ~Lpri1 1st, 19'0
Mayor Wharton then swore in the
newly appointed officers: City Man-
ager A. A, Rhomberg, City Solicitor
John J. Kintzinger, City Clerk J, J.
Shea, City Assessm• Harry J. Han-
over.
April 1, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: As City Manager of
the City of Dubuque, the under-
signed begs to advise your Honor-
able Body that all officers and em-
ployees whom he has the Power to
appoint, who are now serving and
acting in their respective capacities
and assisting'in the orderly admin-
istration of the City and of the var-
ious departments thereof, said offi-
cers and employees being under my
supervision, direction and control
and their appointments continuing
at the pleasure of the Manager,
shall he paid salaries iu accordance
with the budget approved by the
City Conucil,
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Van Duelman moved
that the communication of City
Manager Rhomberg be received
and made a matter of record, Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Mmphy, Thompson,
Van Duelman.
Nays-None.
Resolution No, 29.46
A resolution selecting the official
newspaper of the City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
Telegraph-Herald, a daily uews•
paper of general circulation in the
City of Dubuque, be and it is here-
by designated and appointed the
official newspaper of said City,
Passed, adopted and approved
this 1st day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: J, J. SHEA,
City Clerk
Councilman Murphy. moved tie
adoption of the resolution. Second-
ed by Councilman Moffatt, Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution No, 30.46
A resolution designating the de-
positories for public funds of the
City of Dubuque.
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following hanks be appointed de-
positories of the public funds, and
the City Treasurer is hereby authm•-
ized to distribute such funds in
such banks in amounts not to ex-
ceed the following: First National
Bank, $225,000.00; American Trust
and Savings Bank, $200,000.00; Du-
buque Bank and Trust Company,
$175,00.00.
Be It Further Resolved that the
City Treasurer be and he is hereby
directed to file with the County
Treasurer of Dubuque County,
Iowa, a list of such depositories
and to keep such list on fiia with
such County Treasurer at all times.
Passed, adopted and approved
this 1st day of April, 1946.
ALBERT WHARTON,
Mayor
FRANIf VAN DUEL111AN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: J J. SHEA,
Councilman Van Duelman moved
the adoption of tie resolution. Sec-
onded by Councilman Murphy. Car-
ried by tie following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution No. 31.46
A resolution appointing t h e
Board of Review and fixing the.
compensation of the members
Hereof.
Be It Resolved by tie City Coun-
cil of tie City of Dubuque that the
following named persons be ap-
pointed the Board of Review of
the City of Dubuque for the year
1946:
CARL ZIEPPRECHT,
GEORGE POHL
Wm. E. SCHAEFER
Be It Further Resolved that each
of the above named members of
said Board of Review be paid the
sum of $200.00 in full compensation
of all services to be rendered by
Regular Session, April 1st, 1946 65
them in the performance of their
duties, said sum to be paid frmn
the Consolidated Fnud.
Passed, adopted and approved
this 1st day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: J J. SHEA,
City Cleric
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman 11'Ioffatt moved that
the rules be suspended for the pur-
pose of allowing any one present
in the Council Chamber, who
wishes to dog so, to address the
Council. Seconded by Councilman
Van Duelman. Carried by the fol-
104Vlllg Vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Nome.
Mr. Harry Render addressed the
Council asking that tie filing and
ilibbish now being picked up by
the City be dumped onto his lots
just outside the City limits. Mr.
Render was advised to contact City
Manager Rhomberg in order that
arangement be made for the dunip•
iug oP the filling and rubbish as re-
quested.
Connnunication of the Dubuque
Policemen's Protective Assoc. by
Byrne A. O'Brien, President, ex-
tending the sincere appreciation on
behalf of each and every member
of the Dubuque Police Department
far the splendid consideration
given by the City Council on their
recent request fora salary in-
m~ease, presented and read.
Councilman Murphy moved that
the communication be received and
filed. Seconded by Councilman
Thompson. Carried by the follow-
ing' vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Comm~unicatiou of The Dubuque
Benevolent & Humane Society, by
Bess G. Bissell Secretary, asking'
that a proclamation be issued de-
fining the week of April 7-13th as
"Be Kind to Animals Week," pre-
sented and read.
Councilman Moffatt moved that
the request be granted. Seconded
by Councilman Van Duelman. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of Chris Marcov
submitting' offer in the amount of
$1,400.00 far the city owned parts
of Lots 2, 3, 4, 5, 6, 7 and 8 of Mc-
Craney's 1st Addition, presented
and read.
Councilman Moffatt moved that
the communication be referred to
He Conucil to view the grounds.
Seconded by Councilman Murphy,
Carried by the following vote:
Yeas-114ayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of the Dubuque Pack-
ing Company, by Czizek & Czizek,
Its Attorneys, requesting the City
Council to require the Chicago
Great Western Railway Company
and the Chicago, Mihvaukee, St.
Paul and Pacific Railroad Cmupany
to build and construct a viaduct
over and am~oss their railroad
tracks at eider East 16th Street
m• East 14th Street as the necessity
for such a viaduct is imperative,
presented and read.
Councilman Murphy moved that
the petition be referred to the City
Manager and City Solicitor to se-
cure tie necessary information and
to submit a report back to the Clty
Council. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Nmre.
Petition of Catherine Lynch and
others, owners of property within
20D feet of He affected area here-
by petition the City Council to al-
low a grocery store to be erected
on Lot 73 of McDaniel's Park Hil]
Addition, which is on the easterly
corner of Burlington and Primrose
Streets, as there is at present nc
u y
,;,~
,~~
,,:,i
,,~
<s
?7
';'~'i
:I
r
-~
1
`l
.'
rtt
i
i
_.,,
- -„
~.~~`-
-e: ~'::.:' i
66 Regular Session, April 1st, 1946
local business district on Park Hill,
presented and read.
Councilman Thompson moved
that the petition be reefi•red to the
Planning and Zoning Commission
for Their recommendation and re•
part. Seconded by Councilman Mof-
Yatt. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Wm. Carl Wallig re-
questing arefund iu the amount of
$50.00 on his Class "B" Beer Per-
mit No. 83 and also requesting a
refund in the amount of $25.00 on
his Cigarette Permit No. 207 as be
has discontinued business as of~
March 30, 194G, presented and read.
Couucihnan Van Duelman moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $50.00
in favm• of Wm, Carl Wallig to
cover the amount of refund gran-
ted on the unexpired portion of his
Class "B" Beer Permit No. 83 and
also that the City Auditor be in-
structed to draw a warrant in the
amount of $25.00 in favor of Wm.
Carl Wallig to cover the amount
of refund granted on the unexpired
portion of his Cigarette Permit No.
207, Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Moffatt,. Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Merle Farber request-
ing arefund in the amount of $25.00
on his Cigarette Permit No. 222 as
he is discontinuing business on
March 30, 1946, presented and read.
Councilman Moffatt moved that
the request be granted and the City
Auditor instructed to draw awar-
rant in the amount of $25.00 in
favor of Merle Farber to cover the
amount of refund granted on the
unexpired portion of his Cigarette
Permit No. 222. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of Allan T. Day-
kin, County Auditor, advising Coun-
cil that the Board of Supervisors
have accepted an offer of $180.00
made by Pat Barry on Lots 130,
131 and 132 of Glendale Addition,
presented and read.
Councilman Van Duelman moved
that the communication be referred
to the Council to view the grounds.
Seconded by Councilman Moffatt.
Carried by the fallowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnau.
Nays-None.
Oommunication of Dr. John B.
Murray advising Council that his
term of office as member of the
Civil Service Commission expired
on March 31, 1946, and that it will
be impossible for him to consider
a re-appointment to this office and
expressing his appreciation to the
City Council for giving him the
opportunity to serve on this board,
presented and read.
Councilman Thompson moved
that the communication be receiv-
ed and filed and a vote of thanks
extended to Dr. John B. Murray for
his past services. Seconded by
Councilman Van Duelman. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson moved
that Dr. R. M. Benn be appointed
as a member of the Civil Service
Commission for a term oP six years,
said term expiring March 31, 1952.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnau.
Nays-None.
Petition of the "AMVETS,"
American Veterans of World War
II, requesting permission for the
holding of a street sale of white
four-leaf clovers on Saturday, May
4, 1946, presented and read.
Councilman Van Duelman moved
that the request be granted. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of the Dubuque Women's
Club requesting the City Council
to take action in having traffic
lights installed at the corner of
South Locust and Dodge Streets;
at the Corner of Main and 14th
Regular Session,April Ist, 1)=~0 67
Streets; at the corner of 8th and
Bluff Streets, also that the City
Council be urged to cover all trucks
picking up rubbish with tarpaulins
so as to prevent papers from blow-
ing over the streets, presented and
read.
Councilman Murphy moved that
the petition be received and a vote
of thanks extended to the Dubuque
Women's Club for their interest in
City Affairs and that the petition
be referred to the Council for con•
sideration. Seconded by Council-
man Moffatt. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Paul Mangeno re-
questing arefund in the amount of
$25,00 on his Cigarette Permit No.
49 as he is discontinuing business
on March 31, 1940, presented and
read.
Couucilnan Van Duelman moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $25.00 in
favor of Paul Mangeno to cover
the amount of refund granted on
the unexpired portion of his Cigar-
ette Permit No. 49. Seconded by
Councilman Thompson. Carried by
the following vote:.
Xeas--Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of E. P. Kretz request•
ing a refund in the amount of
$26,00 on his Cigarette Permit No.
123 as he is discontinuing business
on March 31, 1946, presented and
read.
Councilman Van Duelman moved
that the request be granted and the
City Auditor instructed to draw a
warrant in the amount of $26.00 in
favor of E. P. Kretz to cover the
amount of refund granted on the
unexpired portion of his Cigarette
Permit No. 128. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of Mr. and Mrs.
Stanley Martin submitting an offer
in the amount of $650.00 for the lot
located at the corner of Bryant
and Curtis Streets, presented and
read,
Councilman Mm•phY moved that
the communication be referred to
the Council for consideration. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Petition of Georgia Grigg et al
giving their consent for the prop-
erty owner at 1892 Grace Street to
convert part of the second floor
into an apartment, presented and
tread.
Councilman Van Duehuan moved
that the petition be referred to the
Planning and Zoning Commission
for their recommendation and re-
port. Seconded by Couucihnan
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
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
during the month of February, 1946,
presented and read.
Councilman Van Duelman moved
that the proof of publication be
received and filed. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Proof of publication, certified to
by the publishers, of the official
publication of Ordinance No. 3-46.
An Ordinance ny'aking appropria-
tions for the expenditures of city
government of the City of Dubuque,
Iowa, for the fiscal year beginning
April 1, 1946 and ending March 31,
1947, presented and read.
Councilman Mm•phy moved that
the proof of publication be received
and filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehuan.
Nays-None.
b~ RegltlarSession, April 1st, 197.6
April 1, 1.946
In re: Claim of Mrs. Grace Shire-
man
Honorable Mayor and City
Council, City of Dubuque, Iowa
Gentlemen: On or about January
31, 1946, M1•s. Shireman, while cotn-
ing down the steps from Burns
Street to Dodge Street, slipped and
fell on some ice that she claims was
dangerous and rounded, causing
her to sustain a fracture of her
rib. That because thereof, she in-
curred expenses fm~ doctors care
in the amount of $25.00, for hospital
expenses $25.00; that she was in
bed for two weeks and lost time
to the amount of $50.00. After talk-
ing the matter over with her she
has agreed to accept $50.00 in full
payment of her claim.
I recommend that her claim be
allowed in the sum of $50.00 and
that a warrant be issued payable to
her order in the amount of $50.00
and delivered to her upon delivery
to the City of a release properly
executed by her.
JOHN J. KINTZINGER,
City Solicitor
Councilman Van Duelman moved
that the reeonunendatiou of City
Solicitor Kintzinger be ,approved
and the City Auditor instructed to
draw a warrant in the amount of
$50.00 in favor of Mrs. Grace Shire-
man, as settlement in full of her
claim, and that said warrant be de-
livered upon receipt by the City
of Dubuque of a Properly executed
release. Seconded by Councilman
Thompson, Carried by the follo`v-
ing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman .
Nays-None.
Resolution No. 32-46
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 withut the
City of Dubuque, be granted a per•
mit 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
Wtn. F. Barrington and Clifford
Calvert, 250 West First Street
George Kanavas, 1639 Elm Street
Mrs. Agues Zahina, 2649 Windsor
Avenue
Thos. R. Peed and Raymond G.
Wunder, 236 West 7th Street
7.eno A. Travel, 59B Main Street
Steve Loyacano, 661 Main Street
Harold Carr, 301 Eighth Avenue
Passed, adopted acid approved
this 1st day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councihuen
Attest: J. J. SHEA,
City Clerk
Councilman Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Thompson, Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution No. 33.46
Whereas, application for Class
"B" Beer Permits have been sub-
mitted 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 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
Wnt. F. Barrington and Clifford
Calvert, 250 West First Street
Ellas Mihalis and Ruby Mihalis,
674 East 16th Street
Iona Conner and Ray E. Conner,
1322 Central Avenue
Donald J. Foudell and Adele B.
Foudell, 1902 Central Avenue
Jacob Hedrick, 1236 Iowa Street
Joseph Walsh, 21 West 7th Street.
Richard P. Waller, 435 Central
Avenue
Class "B" Permit for Private Club
Longview Ski Club, 4th and Cen-
tral Avenue
Dr, Pepper Bowling Lanes Club,
S30 Locust ,Street
Dubuque Golf Club, End of Ran-
da11 Place
Regular Session, April 1st, 1946 69
Passed, adopted and approved
this 1st day of April, 1946,
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THONIPSON,
GEO. R, MURPHY,
W. W..MOFFATT,
Conncilnten
Attest: J J. SHEA,
Clty Clerk
Councilman .Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
man Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution Nc. 34-46
Whereas, heretofore applications
for Class "B" Beer Petwits were
filed by the within named appli-
cants and they have received the
approval of this Council; and
Whereas, the premises to be oc-
cupied by such applicants have been
ltspected and found to comply with
the ordinances of this U,ity and
they base filed a proper band: Now
Therefore,
Be It Resolved by the Council
of the City of Dubuque that the
Manager be and he is hereby di-
rected to issue to the followinb
named applicants a Beer Permit.
Class "B" Permit
Natne Address
Richard J. Alderson, 399 East
20th Street
Wm. F. Barrington and Clifford
Calvert, 250 West First Street
Ellas Mihalis and Ruby Mihalis,
574 East 16th Street
Iona Cmnrer and Ray E. Conner,
1322 Central Avenue
Donald J. Foudell and Adele B.
Foudell, 1902 Central Avenue
Jacob Hedrick, 123G Iowa Street
Joseph Walsh, 21 West 7th Street
Class "B" Permit for Private Club
Longview Ski Club, 4th and Cen•
tral Avenue
Dr. Pepper Bowling Lanes Club,
380 Locust Street
Dubuque Golf Club, End of Ran-
dall Place
Be It Fm~ther Resolved that the
bonds filed by such applicants be
and the same are hereby approved.
Passed, adopted acrd approved
this 1st day. of April, 1946,
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN.
F. W. THONIPSON,
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 Councihnau Murphy. Car-
ried by the fallowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of Charles J.
Horan, Regional Housing Expedit-
er, advising that Mr. Wilson W.
Wyatt, National Housing Expedit-
er, has a~mtounced a home building
program designed to meet the most
urgent need for housing for the re-
turning veterans and has asked the
Mayors of the cities to appoint a
Veterans' Emergency Houshtg
Committee to help with this pro-
gram, presented and read.
Councilman Murphy moved that
the comnninieation be referred to
the Mayor to take proper action..
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Maym~ Wharton, Cormcil-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None:
There being no further business
Councilman Van Duelman moved to
adjourn. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Comtcil-
then Moffatt, Murphy, Thompson,
Van Duehuau.
Nays-None.
J. J. Shea
City Clerk,
Approved ................................... 1946
Adapted ................................... 1946
Councilmen: .......:......:...............:...
Attest : ................................................
City Clerk.
-~,_
•~ m:, _
=,
~,,
~~i
`~{
;:;
_:;.~
j
I
r;,
`i,; ~
•`~
`I
i
i
'- I
1
70 Special Session, April 15th, 194E
L ~ n 'I,
II (Official)
Special Session, Aprli 15th, 1946.
Council met at 7:30 p.m.
Present-Mayor Wharton, Coun-
cilmen Moffatt, Murphy, Thomp-
smr, Van Duelman, City Manager
Rhomberg.
Meeting called by order of Coun•
cilmen Van Duelman and Thomp-
son.
Mayor Wharton read the call and
stated that service thereof had
been duly made and that this meet-
ing is called for the purpose of
conducting a public hearing upon
proposals to amend and change the
Zoning Map and the Zoning Ordin•
once and acting on any other uusr•
Hess as may properly come before
a regular meeting of the City Coun-
cil.
Proof of publication, certified to
by the publishers, of the official
notice of a public hearing upon a
proposal to amend and change the
Zoning Map and the Zoning Ordih-
ance in the following respects; By
changing from "Single Family" or
"Two Family" classification to
"Multiple Family" classification all
that area beginning at the inter-
section of the center lines of High-
land Place and West Eleventh
Street proceeding in a northerly di~
rection on the center line of High-
land Place to the extension of the
northerly property line of Lot Num-
ber 827 of Sub of 824, McDaniel's
Sub., thence westerly along the
northerly property line of the said
lot number 827 to the center line of
the alley first west of Highland
Place, thence southerly along the
center line to the extension of the
north property line of Lot 8 of Sub.
of Lot 823 and Part of Lot 824,
thence westerly along the norther-
ly property line of Lots 8, 7, 6, 5 and
4 of Sub. of Lot 823 and Part of Lot
824, thence southerly along the
westerly line of Lot number 4
of of Sub of Lot 823 and part
of Lot 324 to the center line of
West Eleventh Street, thence west-
erly along the center line of West
Eleventl to the center line of the
alley first east of Center Street,
thence northerly on the center line
of the alley first east of Center
Street to the center line of Rose
Street, thence westerly on the cen-
ter line of Rose Street to the center
lin of the alley first of Belmont
Street, thence northerly on the cen-
ter line of the alley first east of
Belmont Street to the extension of
the southerly property line of Lot
number 16 of Sub of Lot 3 of M. L.
90, thence easterly along the south-
erly property line of said lot to the
center line of Cummins Street,
thence northerly along the center
line of Cummins Street to the cen-
ter line of Loras Blvd„ thence west-
erly along the center line of Loras
Blvd., to the center line of the alley
first west of Alta Vista, thence
south along the center line of the
alley first west of Alta Vista to the
center line of Martha Street, thence
westerly along the center line of
Martha Street to the center line of
Nevada Street, thence southerly
along the center line of Nevada
Street to a line 100 feet nm•th of
the northerly side of University
Avenue, thence easterly and south-
easterly along this line 1D0 feet
north of the northerly side of Uni•
versity Avenue to the line 100 feet
north of the northerly side of Rob-
inson Street, thence easterly along
the lice 100 feet north of the north-
erly side of Robinson Street to the
extension of the .center line of the
alley first west of Bluff Street be-
tween 10th and 11th Streets, thence
northerly along the extension of the
center line of the said alley and
along the center line of said alley
to the center line of West Eleventh
Street, thence westerly along the
center line of West Eleventh Street
to the center line of Highland
Place, the point of beginning in the
City of Dubuque, presented and
read.
No written objections filed and
no objectors were present in the
Council Chamber at the time set
for said public hearing,
Councilman Van Duelman moved
that the proof of publication be re-
ceived and filed, Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Noce.
Couucihnan Van Duelman moved
that the rules be suspended for the
purpose of allowing any one pres-
Special Session, April 1Sth, 1946 71
ent in the Council Chamber, who
wishes to do so, to address the
Council, Seconded. by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None,
Ordinance No. 4-46. An Ordinance
amending and changing the Zoning
Map of the City of Dubuque as pro-
vided by Ordinance No. 3.34 design-
ed "Zoning Ordiance of the City of
Dubuque" so as to change to "Mul-
tiple Family" classification certain
defined territory now being- delimit-
ed as "Single Family" or "Two
Family" Districts: Beginning at the
intersection of the center lines of
Highland Place and West Eleventh
Street proceeding in a northerly di-
rection on the center line. of High-
land Place to the extension of the
northerly property line of Lot num-
ber 827 of Sub. of 824 McDaniel's
Sub„ thence westerly along the
northerly. property line of the said
lot number 827 to the center line of
the alley first west of Highland
place, thence southerly along the
center line to the extension of the
north property lice of Lot 8 of Sub.
of Lot 823 and Part of Lot 824,
thence westerly along the norther-
ly property line of lots 8, 7, 6, 5
and 4 of Sub, of Lot 823 and Part
of Lot 824, thence southerly along
the westerly line of Lot number 4
of Sub of Lot 823 and Part of Lot
824 to the center line of West
Eleventh Street, thenco westerly
along the center line of West
Eleventh to the center line of the
alley first east of Center Street
thence northerly on the center line
of the alley first east of Center
Stroet to the center line of Roso
Street, thence westerly on the cen•
ter line of Rose Street to the center
line of the alley first east of Bel-
mont Street, thence northerly on
the center line of the alley first
east of Belmont Street to the exten-
sion of the southerly property line
of Lot number 16 of Sub, of Lot 3 of
M. L. 90, thence easterly along the
southerly property line of said lot
to the center line of Cummins
Street, thence northerly along the
center line of Cummins Street to
the center line of Loras Blvd.,
thence westerly along the center
line of Loras Blvd, to the center
line of the alley first west of Alta
Vista, thence south along the cen-
ter line of the alley first west of
Alta Vista to the center line of
Martha Street, thence westerly
along the center line of Martha
Street to the center line of Nevada
-Street, thence southerly along the
center line of Nevada Street to a
line 100 feet north of the norther-
ly side of Universsty Avenue,
thence easterly and southeasterly
along this line 100 feet north of the
northerly side of University Av-
enue to the line 100 feet north of
the northerly side of Robinson
Street, thence easterly along the
line 10D feet north of the norther-
ly side of Robinson Street to the ex-
tension of the center lice of the
alley first west of Bluff Street be-
tween 10th and 11th Streets, thence
northerly along the extensimi of the
center line of the said alley and
along the center line of said alley
to center line of West Eleventh
Street, thence westerly along the
center line of West Eleventlr Street
to the center line of Highland place,
the point of beginning, presented
and read,
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the m•-
dfnance. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
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 Mm~phy. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Proof of publication, certified to
by the publishers, of the official
72 Special Session, April 15th, 196
notice of a public hearing upon a
proposal to amend and change _the
Zoning Map and the Zoning ordjn-
once in the fallowing respects: By
changing- from "Two Family Resi•
dente District" to "Multiple Family
Residence" classification all that
area bounded on the southerly side
by 22nd Street, on the easterly side
by the Chicago Great Western Rail-
road tracks, on the northerly side
by the City Limits and the westerly
side by a line 100 feet west of-the
westerly side of Central Avenue in
the City of Dubuque, presented and
read.
No written objections filed and
no objectors present in the Coun-
cil Chamber at the time set for said
public hearing.
Councilman Murphy moved that
the proof of publication be received
anti filed. Seconded by Councilman
Moffatt, Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Dnelman,
Nays-None,
Ordinance No, 5-46. Au Ordinance
amending and changing the Zoning
Map of the City of Dubuque as pro•
vided dry Ordinance No. 3-34 desig-
nated "Zoning Ordinance of the
City of Dubuque" so as to change
to "Mulutiple Family Residence"
classification certain defined terri•
tory now being delimited as "Two
Family Residence District": Bound•
ed on the southerly side'by 22nd
Street, on the easterly side by the
Chicago Great Western Railroad
tracks, on the northerly side by the
City Limits and the westerly side
by a line 100 feet west of the west-
erly side of Central Avenue, pre•
sented and read.
Councilman Van Duehnan moved
that the reading just had be con•
sidered the first reading of the or•
dinance. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Dnelman,
Nays-None,
Councilman Vau Dnelman moved
that the rules be suspended requir•
ing an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Maym' Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duehnan.
Nays-None.
Councilman Van Dnelman 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 Murphy, Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Mm~phy, Thompson,
Van Duehnan,
Nays-None.
Communication of T. H. Nelson
submitting application for appoint-
ment to the position of Police Judge
under the provisions of the Soldiers
Preference Law, Chapter 60 of the
1939 Code, as amended, presented
and read.
Councilman Thompson moved
that the communication be referred
to the Council for further consid-
eration. Seconded by Councilman
Moffatt.. Carried by the following
vote:
Yeas-Mayor Wharton, CounciI-
men Moffatt, Murphy, Thompson,
Van Duehnan,
Nays-None.
Communication of John C, Ober•
hauseh submitting application for
the' position of Judge of the Police
Court under the provisions of the
Soldiers Preference Law, Sections
1169, 1161, Gode of Iowa, 1939, as
amehded, presented and read.
Councilman Moffatt moved that
the communication be referred to
the Council for further considera-
tion. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men, Moffatt, Murphy, Thompson,
Van Duelntau.
Nays-None,
Communication of John L, Duffy
submitting application for the posi-
tion of Police Judge stating that he
is a Veteran of World War I with
Germany, presented and read.
Councilman Murphy moved that
the communication be referred to
the. Council for further considera•
tion. Seconded by Councilman Van
Duehnan. Carried by the fallowing
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Dnelman.
Nays-None.
Special Session, April lath, 1946 73
Communication of The Interna-
tional City Managers' Association
extending invitation to the City of
Dubuque to be represented at the
annual conference to be held in
Montreal on June 16-21, 1946, pre-
sented and read.
Councilman Thompson moved
that City Manager Rhoinberg to•
gether with any member of the
City Council, who finds it canven•
lent to do so, be authorized to at-
tend the meeting. Seconded by
Councilman Moffatt. Carried by
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Dnelman.
Nays-None.
Communication of the Interstate
Power Cmnpany asking Council
consideration in an effort to help
solve their present street system
and motor vehicle operations and
suggesting drat they be given more
space at 8th and Main Street so
that their buses could pull in
parallel to curb line at the Stamp-
fer corner, both on the Main Street
and Eighth Ave. side, also suggest-
ing that the stop on the opposite
side to the north of Montgomery
Ward building be eliminated and
Seminary bus stop made just west
of where East Dubuque bus now
stops, also suggesting that traffic
control lights be considered for
Sixth and Seventh Streets on Iowa
Street, also suggesting that the
angle parking on Sixth Street be-
tween Main and Iowa Streets on
the south side be switched to
pnrlallel parking, also suggesting
that some effort be made at 8th
Avenue and Main Street to compel
pedestrians to move with control'
lights, presented and read.
Councilman Murphy moved that
the communication be referred to
the City Council and Parking Com•
mittee for their consideration. Sec•
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Dnelman.
Nays-None:
Petition of the Volunteers of
America requesting. permission for
the holding of a tag day on May
11th, 1946, presented and read.
Councilman Van Dnelman moved
that the request be granted. Sec•
onded by Councilman Murphy. Car•
Tied by the following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, fihompson,
Van Dnelman.
Nays-None.
Petition of the Board of Trustees
of the Grace Methodist Church re•
questing a compromise in the mat-
ter of their indebtedness for street
improvements in the amount of
$292.43, plus penalties due, preshnt•
ed and read.
Councilman Moffatt moved that
the petition be referred to the City
Treasurer for investigation and re•
port. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompsmr,
Van Dnelman.
Nays-None.
Petition of Mrs. Margaret Hogan,
referred to the City Council by the
Board of Supervisors, requesting'
suspension of the 1945 tax on the
north t/Z of City Lot 326, presented
and read.
Councilman Murphy moved that
the petition be referred to the City
Solicitor for investigation and re-
port. Seconded by Couucilnran Mof•
fatt. Carried by the following vote:
Yeas-Mayor. Wharton, Council-
men Moffatt, Murphy, Thompson,,
Vau Dnelman. "
Nays-None.
Petition of the Dubuque Packing
Company requesting the vacation
of the northerly four feet, four
inches of East 16th Street, fiom the
easterly Line of the alley first west.
of Cedar Street, heretofore vacat-
ed, easterly to-the west lime of Syc•
amore Street and to convey such
vacated area to the Dubuque Pack-
ing Company, presented and read.
Councilman .Moffatt moved that
the petition be referred to the Plan-
ning and Zoning Commission far
their recommendation and report.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Maym• Wharton, Council-
men Moffatt, Murphy, Thompsmr,
Van Dnelman:
Nays-None.
Petition of the Mettel Realty &
Investment Company requesting
approval of the plat of the proposed
Burkart Subdivision, together with
the completed abstract of title and
74 Special Session, April 15th, 1946
attorney's opinion thereon, pre-
sented and read.
Councilman Mm'phy moved that
the petition, together with the plat,
abstract of title, and attorney's
opinion be referred to the City
Solicitor and the Planning and Zon-
ing Commission for their recom-
mendation and report. Seconded by
Councilman Van Duehnan. Carried
by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Conmmnication of 0. W. Holz ad-
vising that he is the owner of Lots
32 and 33 of McDaniels Park Hill
against said lots there are outstand-
ing sewer assessments, and that
at this time he would like to clear
the title of this property and stat-
ing that he is willing to pay a fair
amount toward the sewer taxes,
presented and read.
Councilman Thompson moved
that the communication be referred
to the City Manager for investiga-
tion and report. Seconded by Coun-
cilman Murphy, Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of R, F. Trapp
submitting offer in the amount of
$675.00 for the purchase of city
owned lots at the corner of Bryant
and Curtis Streets, presented and
read.
Councilman Thompson moved
that the offer be accepted and the
City Solicitor requested to prepare
the proper proceedings. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Council Proceedings for the
month of December, 1945, present-
ed for approval.
Councilman Murphy moved that
the Council Proceedings for the
month of December, 1945, be ap-
proved as printed. Seconded by
Councilman Mnffatt. Carried by the
following vote:
Yeas-Mayor Wharton. Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Noce.
April 4, 1946
In re: Claim of Victor Handley.
Honorable Mayor and City
Council, City of Dubuque, Iowa
Gentlemen; I have investigated
this matter and find that eu Feb•
ruary 6, 1946, claimant, while walk-
ing from Seventh and Locust Street
across Washington Park, near Sixth
and Bluff Street, fell to the side-
walk fracturing his right wrist;
that said sidewalk, at the place
where he slipped and fell, was low-
er than the surrounding sidewalk,
water had cong'reg'ated at the spot,
froze and became in a dangerous
condition. That because of such fall
he sustained a doctor bill in the
;amount of $8.50 and hill for medi-
cine in the amount of $16.00. That
-since said time he has been unable
to work. After talking the matter
over with him, he has agreed to
accept $75.00 in full payment of
claim against the City.
I recommend that his claim be
allowed in the sum of $75.00 and a
warrant be issued payable to his
order for that amount and the same
delivered to him upon delivery to
the City of a properly executed re-
lease.
Yours truly,
JOHN J. KINTZINGER,
City Solicitor
Councilman Murphy moved that
the recommendation of City Solici-
tor Kintzinger be approved and the
City Auditor instructed to draw a
warrant in the amount of $76.00 in
favor of Victor Handley, as settle-
went in full of his claim, and that
said warrant be delivered upon re-
ceipt of aproperly executed release.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Noce.
April 8, 1946
In re: Claim of Dave O'Connell.
Honorable Mayor and City
Council, City of Dubuque, Iowa.
Gentlemen: In the matter of the
case of Dave O'Connell, plaintiff vs.
City of Dubuque, now pending in
the District Court of Dubuque of
Dubuque County, Iowa, tivherein
Dave O`Connell is asking damages
in the sum of $2500.00 because of a
fall while walliing in a westerly di-
rection on the northerly side of
Special Session, April 1Sth, 1946. 75
West Fifth Street across the a118y 'weeks, and sustained damages to
between Main and Locust Street re- his tine in the amount of $11.21. Be•
salting in a dislocation of his right cause of this condition having ex-
shoulder which required medical fisted for four or five weeks I am of
and hospital service and attention, the opinion that there is a liablitg
from my investigation, I find that and that his claim should be ah
the condition of the walk across the lowed in the sum of $11.21.
alley was in a dangerous condition, I recommend that the claim of
being covered with rough and C. M, Weepie be allowed in the sum
rounded snow and ice, That the
' of $11.21 and that a warrant be is•
plaintiff
s damages consisting of sued payable to his order in that
doctor bill $48.00, hospital- bill amount and delivered to him upon
$57.50, drug bill $10.00 and that delivery to the City of a properly
plaintiff claims that he has been executed release
unable to perform much work since .
yours truly
his injury on December 21, 1945. ,
JOHN J
KINTZINGER
After conference with his attor- .
City Solicitor
neys, they have agreed to settle this
case for the sum of $300,00 and dis• Councliman Van Duelman moved
miss the pending lawsuit. that the recommendation of City
I recommend that a warrant be Solicitor Kintzinger be approved
issued payable to Czizek & 'Czizek, and the City Auditor instructed to
Attorneys for Dave O'Connell in the draw a warrant in the amount of
sum of $300.00 and the same to be $11.21 in favor of G. M. Weepie,
delivered to them upon delivery to as settlement in full of his claim,
the City of a Release properly ex- and that said warrant be deliv-
ecuted ~hy plaintiff and upon dis- eyed upon receipt by the City of
missal of the above action in the Dubuque of a properly executed
District Court, release. Seconded by Councilman
Yours truly, .Thompson, Carried by the following
JOHN J, KINTZINGER, voter
City Solicitor Yeas-Mayor Wharton, Council-
Councihnan Moffatt moved that men Moffatt, Murphy, Thompson,
the recommendation of City Solici• Van Duehnan,
for Kintzinger be approved and the Nays-None.
City Audtior instructed to draw a April 13, 1946
warrant in the amount of $300,00 To the Honorable Mayor and
in favor of Czizek and Czizek, At- City Council, Dubuque,. Iowa
torneys for Dave O'Connell, as set- Gentlemen: The Planning and
tlement of the claim and suit, and Zoning Gonlmission respectfully
that said warrant be delivered upon recommends to the City Council the
receipt by the City of Dubuque of extension of the present multipl8
a properly executed release and family residence district to include
upon dismissal of the action in the all the property within the follow-
District Court. Seconded by Coun• ing area, which is now in two fam-
cilman Thompson, Carried by the ily residence district classification.
following vote:
Yeas-Mayor Wharton, Council- Beginning at a point at the in-
men Moffatt, Murphy, Thompson tersections of the center lines of
,
Van Duelman. Wilson Avenue and West Fifth
Nays-None. Street; thence northerly along the
April 9, 1946
In re: Claim of C. M, Weepie,
Honorable Mayor and City
Council, Dubuque, Iowa
Gentlemen; Upon investigation
of this claim I find that on or about
March 16, 1946, claimant, while
driving his car east on Eighth
Street ran into a hole in the street
at a paint approximately fifty feet
east of Bluff Street, which hole had
been there for at least four or five
center hue of Wilson Avenue to a
point in line with the rear of the
lots fronting in the northerly side of
West Fifth Street; thence wester-
ly along the rear line of the Lots
E~•onting on the northerly side of
West Fifth Street to the center line
of Paulina Street extended; thence
southerly along the center line of
Paulina Street and the center line
of Paulina Street extended south-
erly to the center line of West
Third Street; thence easterly along
1
i
i
'i
`i
,,,~
i
1
Z'6' Special Session; April-15th,.1946'
the center line of Writ Third
Street to the center line. of Winona
Street. Same point of beginning
and point of ending connect to the
present multiple family residence
district.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSION
By R. V. McKay, Secretary
Councilman Van Duelman moved
that .the recommendation of the
Planning and Zoning Commission
be approved and the City Solicitor
requested to prepare the proper
proceedings. Seconded by Council-
man Thompson. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 13, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen: The Planning and
Zoning Commission respectfully
recommends to the City Council the
extension of the present multiple
family residence district to include
all the property within the follow-
ing area which is now in two fam•
ily residence district classification.
Beginning at a point in the cen-
ter line of West Fifth Street at ap-
proximately one hundred Peet east-
erly of the easterly line of Delhi
Street,'thence southerly along the
center line of College Street to the
center line of Allison Place; thence
westerly along the center line o1
Allison-Place to a point where the
center line of Allison Street ex•
teended' would intersect the west-
erly line of Allison Street due to
angle in Allison Street; thence
southerly along the easterly line of
lot one of Finley Home addition to
the south east corner of lot. one
Finley Home Addition; thence
westerly along the southerly line
of lot one of Finley Home Addition
three hundred and eighty-five feet
to the south west corner of lot one
Finley Home Addition; thence
northerly along the wester]y line of
lot one Finley Home Addition to
approximately one hundred feet
southerly of Delhi Street.
Same point of beginning and
paint of ending connect to the pres-
ent multiple family residence dis-
trict.
Rezoning of this area is in accord
with the petition of J. W. McEvoy
et al to allow conversion of dwel•
lines of College:Street to multiple
family dwellings and also to in-
clude the grounds occupied by the
Finley Hospital to clear the way
for a proposed future expansion
program.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSION
By R. V. McKay, Secretary
Councilian Thompson moved
that the recommendation of the
Planning and Zoning Commission
be approved and the City Solicitor
requested to prepare the proper
proceedings. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 13, 1946
To the Honm~able Mayor and
City Council, Dubuque, Iowa
Gentlemen: The Planning- and
Zoning Commission respectfully
recommends to the City Council
the denial of the petition of Am-
brose Marshall et al asking for re-
zoning to multiple family district
classification because only two IotS
are involved.
The Planning and Zoning Conr-
mission is considering including
these lots in a much larger area
in a change to multiple family
residence district. classifications...
Yours truly,
DUBUQUE PLANNING:-AND
ZONING COMMISSION .
R. V. McKAY -
Secretary
Councilman Moffatt .moved that
the recommendation of the Plan-
ning and Zoning Commission be
approved. Seconded by Council-
man Thompson. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
. men Moffat, Murphy, Thompson,
Van Duelman.
Nays-None.
April 13, 1946
The Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
The Planning and Zoning Com-
mission respectfully recommends
to the City Council the granting'
of the petitions of Melvin D.
Harms et, al and further to vacate
Special Session, AprillSth, 1946 77
the balance of -the alley from
Groveland Street to Davis Street.
With the condition that casements
aver same be stained.
Yours truly,
DUBUQUE PLANNING AND
ZONING, COMMISSION
R. V. McKAY
Secretary
Councilman Van Due 1 m a n
moved that the recommendation
of the. Planning and Zoning Com-
mission be approved and the City
Solicitm~ requested to prepare the
proper proceedings. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 13, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
The Planning and Zoning Com-
iuission respectfully recommends
to the City Council that the peti-
tions of J. E. Lillig et. al asking
that the 1400 Block in the westerly
side of Alta Vista Streat be re-
zoned from Single family resi-
dence districE classifications, to
two family residence district
classifications ba denied. The
general area does not lewd itself
to two family use.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSIONT
R. V. McI~1Y,
Secretary
Counciinian Murphy moved that
the recommendation of the Plan-
ning and Zoning Commission be
referred back to -the Planning and
Zoning' Commission for further
consideration. Seconded by Coun-
cilman Thompson, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, iVIurphy, Thompson,
Van Duelman.
Nays--None.
April 14, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
The Planning and Zoning Com•
mission respectfully recommends
to the City Council the rezoning
to multiple family residence dis-
trict classifications all the area
within the following boundaries,
except such areas as are not now_
zoned to a lessor classification.
Beginning- at the intersection of
the center lines of Loras Blvd. and
B1ufPStreet; thence northerly
along the center line of Bluff
Street to the intersection of the
center lines of Bluff Street and
Wost LocustStreet; thence north
westerly along the center line of
West Locust Street to the inter
sections of the center lines of
West Locust Street and West
Seventeenth Street; (hence east-
erly along the center line of West
Seventeenth Street to the inter-
sections of the center lines of
West Seventeenth Street and Main
Street; thence northerly along the
cemter line oP Main Street to the
intersection of the center lines
of Main Street and Madison
Streets; thence northerly along
the cemter line of Madison Street
to the intersection of the center
lines of Madison Street and Seur-
inary Street; ~theuce westerly
along the center line of Seminary
Street to the intersection of the
center lines of Seminary Street
and Hogdon Street; thence south
along the cemter line of Hogdon
Street and the center line of Hog-
don Street expended to the inter-
sections of the center lines of
Hogdon Street extended and the
center line of Cox Street; thence
south easterly. along the center'
line of Cox Street to the inter-
section of the center lives of Cox
Street .and Loras Blvd.; thence
easterly along the center line of
Loras Blvd, to the intersection of
the center lines of Loras Blvd.
and Bluff Street which is the
poiht of begimring and the point
of ending.
Many of the houses in this area
are large and can be readily con-
verted to multiple fiamily use. The
number of requests for rezoning in
this area received by the commis-
sion in the past is evidence of the
trend in such direction.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSION
R. V. McKAY
Secretary
Councilman Moffatt moved that
the .recommendation of the Plan-
ning and Zoning Commission be
approved and the City Solicitor
requested to prepare the proper
78 Special Session, April 1Sth, 1946.
procedings, Seconded by Council
mean Murphy. Carried by the fol
lowing vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
April 12, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
Referring to attached communi•
cation of E. R. Laury requesting
permission to convert his single
family dwelling into a 2-family
dwelling, the Planning and Zoning
Commission respectfully. recom•
mends denial for the following
reasons:
By rezoning into a 2-family
classification the petitioner would
still not Abe able to convert his
dwelling because of a deficiency
in lot area.
Yours true,
DUBUQUE PLANNING AND
ZONING COMMISSION
R. V. McKAY
Secretary
Councilman Murphy moved that
the recommendation of the Plan.
ning and Zoning Commission be
approved. Seconded by Council•
man Moffatt. Carried by the fol•
lowing vote:
Peas-Mayor' Wharton, Councib
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 12, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
Referring to attached communi-
cation of Wolf Berk, 961 Bluff
Street, requesting permission to
convent part of an old livery stable
into an apartment, the Planning
and Zoning Commission respect-
fully recommends denial of the
request because it would not only
create two dwellings on one lot
but it would further crowd ah•eady
congested land-,the prevention of
which is one of the basic zoning
principles.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSION
R. V. McKAY
Secretary
Councilman Thompson moved
that the recommendation of the
Planning and Zoning Commission
be appro~red. Seconded by Couneil-
man Van Duelman. Carri~l bg
the following vote:
Yeas-Maym~ Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 15, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
This is to advise that I have
approved the following bonds and
desire to have your approval on
same for filing:
Excavation
Davis Brothers Incorporated.
Fidelity & Deposit Co, of Mary
land.
Personal
Albin A. Rhonrberg, City Mana-
ger, Continental Casualty Cow-
pony; Otto F. Puls, City Trea-
surer, The Aetna Casualty &
Surety Go.; Robert P. Marshall,
City Auditor, Massachusetts Bond-
ing & Ins. Co.; J. J. Shea, City
Clock, Massachusetts Bonding &
Ins. Co.; John J. Kintzinger, City
Attorney, Massachusetts Bonding
Ins. Co.; Harry J. Hanover, City
Assessor, U. S. Fidelty & Guar•
anty Co.; Geraldine L. Jenni,
Secretary to City Manager, Con•
tinental Casualty Co.; Daniel J.
0' L e a r y, Plumbing Inspector,
American Surety Company; Luvern
Carl Norton, Electrical Inspector,
The Century Indemnity Company;
Virgil Fay Chapman, Milk In-
s p e c t o r, Continental Casualty
Company; Mae Agnes Moore,
Clerk-Health Department, Indem-
nity Ins. Company of N.A.; John
Joseph Hail, Superintendent City
Water Dept., Massachusetts Bond•
ing & Ins. Go,; Edward M.
Tschirgi, Accountant City Water
Dept., Massachusetts Bonding &
Ins. Co.; Lucille Oster, Clerk City
Water Dept., Massachusetts Bond•
ing & Ins. Co.; Thomas Fitzpat-
rick, Clerk City Water Dept„
Massachusetts Bonding & Ins Co.;
Charles J, McCarthy, Harbor and
Market Master, Eagle Indemnity
Company.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Murphy moved that
the bonds be approved and placed
on file. Seconded by Councilman
Moffatt, Carried by the following
vote:
_~
rnF. ,Ilb Y,~.. ~'~,ii~l,n 'I ~i~.,u'IYNtl IYoI dI'III IIIIYVIIIIIIIIVIIYIIIYwY~YIIIIIYIIIIIIIIIiWIItlIIIIIIIIIIIIJ4dV~IVIINIIIIVIYYYIIIIIIIIIYIYI IIIIIIIIIII IIIIIII~IIYN~l IL~114 ~iIIJIu11111111iIIlYIIYiLYIIYINILIWII~liI611111WYY4WYIdJWYVWIYU~IWYY'l~IWIWwIIY YI W. ~, .. , ~ ~Y~i~ilulllll I III uuillii0lillYNlliilllll i
Special Session, April 15, 1946 79
Yeas-Mayor Wharton, Council- April 15, 1946
men Moffatt, Murphy, Thompson, To the Honorable Mayor and
Van Duelman. City Council, Dubuque, Iowa.
Nays-None. Gentlemen:
April 15, 1946 At the meeting of March 26,
To the Honorable Mayor and 1946, the petition of Carr, Adams
City Council, Dubuque, Iowa. & Collier Co, requesting permis•
Gentlemen; sion to use not to exceed lr/2 feet
At the April 1, 1946 meeting the in width of both East Eleventh
offer of Chris Marcov to purchase and East Twelfth Streets from
city-owned Lots 2, 3, 4, 4, 5, 6, Cedar Street easterly for a dis-
7 and 8 of McCraney's 1st Add. tance of 100 feet and also re•
for the sum of $1,400.D0 was re- questing permission to cross
ferred to the council to view Cedar Street with light and
the grounds, sprinkles alarm wires was re-
The council viewed these lots on ferred to the council to view the
the grounds April 14th and decided grounds.
to reject the offer, I recommend The council having viewed the
that the action of the Council be site decided to have an ordinance
confirmed. prepared granting the requests. I
Respectfully submitted, recommended that the decision of
A. A. RHOMBERG, the council be confirmed.
City Manager Respectfully submitted,
Councilman Thompson moved A. A. RHOMBERG,
that the recommendation of City City Manager
Manager Rhomherg be approved Councilman Murphy moved that
and the decision of the Council- -the recommendation of City Man-
confirmed. Seconded by Council- ager Rhonrberg be approved and
man Murphy. Carried by the fol- the decision of the Council con-
lowing vote: firmed and the City Solicitor re-
Yeas-Mayor Wharton, Council- ' quested to prepare the proper pro-
men Moffatt, Murphy, Thompson, ' ceedings. 'Seconded by Council-
Van Duelman. man Moffatt. Carried by the fol•
Nays-None. lowing vote-
April 15, 1846
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen;
At the meeting of the Clty
Council held March 26, 1946, the
communication of Cyril H. Maiers
asking that the steps between
Madison Street and Dorgan Place
be closed and abandoned was re•
!erred to the Council to view the
grounds.
The Council having viewed the
premises of April 14th, decided to
order the closing and abandon-
ment of the stairs. I recommend
that the action of the Council be
confirmed. Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Moffatt moved that
the recommendation of City Man-
ager Rhomherg be approved and
the decision of the Council con-
firmed. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman..
Nays-None.
April 15, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
At the April 1, 1946 meeting the
communication of County Auditor
Daykin advising that the Board of
Supervisors had accepted an offer
of $180.00 made by Pat Barry for
Lots 130, 131, and 132 of~ Glendale
Addition was referred to the Coun-
cil to view the grounds.
The Council having viewed the
site decided to reject the offer.
I recommend that the action of the
Council'be confirmed.
Respectfully submitted,
A. A. RHOMBERG,
City Manager
Councilman Van D u e l m a n
moved that the recommendation
of City Manager Rhomherg be ap•
proved and the decision of the
Council confirmed and the Board
of Supervisors to be notified of
the action taken by the Council.
i
i
"`I
':~
80 Special SESS`IOSl,-E1pri1~ 1~5, 1946 _
Seconded by 'Councilman Moffatt.
Carried by the #ollowing vote:
Yeas-Mayor Wharton; Council-
men Moffatt, Murphy, Thompson,
bran Dtielman.
Nays-None.
- Dutiuque, Iowa,
April 10, 1946
To the Honorable Mayor and
Gity Council of the-City of
Dubuque, Iowa.
Gentlemen;
It is common knowledge that a
serious housing shortage -exists
in the City of Dubuque, Iowa. This
housing shortage will be all the
more acute at such time in 1946
as the John Deere Tractor Plant,
now being constructed north of
our city, is placed into production.
In an effort to meet the need for
some of this housing the John
Deere Tractor Plant contemplates
the construction of a nmubel• of
liomes in Hillcrest Park Subdi-
vision and Hillcrest Subdivision
No. 2, located on Asbuty Road,
just west of the city limits of
Dubuque, Iowa, Pt'ovided that
proper water and sewer facilities
can be made available.
The demand for- ,housing will
continue to grow as our industrial
plants expand their production
facilities. Demand 'for housing
will be further increased iu .the
event that other factories locate
in our community, and there is
every indication that there are
plants .seeking locations here. If
we are to be sucessful in acquir-
ing new manufacturing plants to
locate in our community, we must
make plans to provide for the
growth of our city and to make
plans for building of suitable
homes on suitable home sites.
With this in mind and as a
start toward the acomplishment
of this objective, we earnestly
recommend to your honorable
body the extension of the city
limits of Dubuque, Iowa westerly
in the vicinity of Asbuty Road
to embrace the territory shown on
a plat attached hereto. Within
this area is included Hillcrest
Park Subdivision and Hillcrest
Subdivision No. 2. An appropriate
form of resolution to extend the
city limits to this territory is also
submitted herewith. We are ad-
vised that the limits can. be ex-
tended in this instance by the
adoption of a resolution.
We also petition your honorable
body to authorize the extension of
water mains to serve the teri•i-
toty embraced in Hillcrest Park
Subdivision and Hillcrest Sub-
division No. 2: Ah appropriate
i form of resolution for this purpose
is submitted for your eonsidera-
tion
In order that some" assurance'
may be given to the John Deere
Tractor Company ' that sewer
facilities will be extended to Hi11=
crest Park Subdivision and Hill-
crest Subdivision No. 2 we recom-
mend the adoption of a motion
' directing the City Manager Co
formulate and submit a plan for
the extension of sanitary sewers
to service Hillcrest Park Subdivi-
sion and Hillcrest Subdivision No.
2 and other property in the vi-
cinity thereof.
It is our belief that the orderly
development of the territory ad-
jacent to the City of Dubuque
should ~be anticipated and the
problem of additional annexations
should be given a most thorough
study. We urge that you direct
the attention of all the municipal
agencies to this subject and sug-
gest their collaboration with tho
committee of the Dubuque Cham-
ber of Commerce, which is now
at work on the problem,
Respectfully yours,
DUBIIQUE CHAMBER
OF COMMERCE
C: E.' DOVE,
President
Councilman Van Due 1 m a n
moved that the petition be re-
ceived and made a matter of,
record. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Maym• Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelman.
Nays-None.
YResolution Extending City Limits
N a. 35-46
Whereas, the territory adjoin-
ing the City of Dubuque on the
west, in the vicinity of the Asbuty
Road, has been platted into tracts
of less than ten acres, and
Whereas, said territory has been
substantially built up, and
Whereas, the inhabitants of said
territory will be enabled to secure
the benefits of city government
in the way of police and fire pro-
tection if said territory is incor•
Special-Session, ~~ri11~, 1946 31
posted within the citylimits of
the .City_ of Aubuque,. Iowa, and
Whereas, the:~inha,bitants of said
territorS~.willbe,euabled to secure
light, wate,l; sewer and other
municipal services if .said terri-
tory is incarporafed within the
city limits of the Cty of Du~bugne;
Iowa, and
Wliereas; Section 5614, Code of
Iowa 1939 authm•izes the extension
of city limits in situations of this
character b~y 'the adoption of a
resolution._therefore, and
Whereas, ~ the fature_ growth,
development and preservation of
the public health of the City of
Dubuque, Iowa makes it impera-
tive that said territmy be made a
ga~rt of the City of Dubuque, Iowa,
and
Whereas, it is necessary to pro-
vide for the orderly and systematic
growth and development of the ter-
ritory adjoining . the City of Du-
buque, Iowa as now constituted.
Now, Therefore, Be It Resolved
by the City Council of the City of
Dubuque, Iowa that the territorial
limits of the City of Dubuquo, Iowa
be and they are hereby extended
westerly. in the vicinity of the As-
bury Road by"annexing to the City
of Dutiuque, Iowa the territory em-
braced within the following descriir
ed boundaries, towitt
Beginning on the existing west
corporation line of the City of Du-
buque, Iowa in line with the north
property line of Seminary Street
extended to said corporation
dine; thence westerly along the
northerly line of Stout Road to
the northerly line of the Asbury
Road; thence north .westerly
along the northerly line of the As-
bury Road to the westerly line of
Avalon Street extended norther-
: ly across said road; thence south-
erly along the westerly side of
Avalon Road to the southerly line
of Hillcrest Road; thence easterly
along the southerly line of Hill-
crest Road to the west line of Lot
1 of Lot 2 of Mineral Lot 261;
thence south along the west line
of Lot 1 of Lot 2 of Mineral Lot
261 and Lot 1 of Lot 2 of Lot 1
of Lot 1 of Link's Sub-division to
the south line of Lot 1 of Lot 2 of
Lot 1 of Lot 1 of Link's Subdi-
vision; thence easterly along the
southerly lino of Lot l o£ Lot 2
of Lot 1 of Lot 1 of Link's sub-
division to the southerly line of
Asbury Road;. thence southeast~
erly along tbe_southerly line of
the~Asbury Road to the.. existing
west corporation line of he City
of Dubuque; Iowa; thence north-
erly along the' 'said existing wesf.
corporation line to the"point of
beginning, all in Section 22,
Township 89 North, Range 2 East
of the 5th Principal Meridian, be-
ing in Dubuque Township, Du-
buque County, Iowa, containing
59.6 acres mare or less.
As shown on the plat attached
hereto and by this reference made a
part hereof, the boundaries of said
area being outlined in red thereon,
Passed; adopted and approved
this 16th day of Apri1,1946.
ALBERT WHARTON,
Mayor
FP~ANI~ VAN DUELMAN,
F, W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: J, J. SHEA,
City Clerk
Couticiiman Van Duelman moved
the adoption of the resolution, Sec•
onded by Councilman Murphy, Car•
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van 'Dnehnan.
Nays-None..
Resolution No. 36}6
Whereas, additional housing is
urgently needed in this community;.
and
Whereas, the development of suit-
able house sites, with proper public
utilities, is the first step in the aG
complishment of the above pur-
pose;. and
Whereas, a considerable number
of homes are to be erected in I3i11-
crest Park Subdivision. and Hill•
crest Subdivision No. 2 located
along and adjacent to the Asbury
Road; and
Whereas, this City Council deems
it expedient and necessary to ex-
tend water mains and public water
supply to and into Hillcrest Park
Subdivision and Hillcrest. Subdi-
vision No. 2 for the use and con-
venience of the inhabitants there-
of; Now, Therefore,
Be It Resolved by the City Coun-
cil o fthe City of Dubuque, Iowa
that the Water Department be and
it is hereby directed to extend
to
32 Special Session, April 15, 1946
water main and public water sup-
ply to and into Hillcrest Park Sub•
division and Hillcrest Subdivision
No. 2 to serve the homes to be
erected therein.
Passed, adopted and approved
this 15th day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
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•
vied by the following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Thompson moved
that the City Manager be directed
to formulate and submit a plan for
the extension of sanitary, sewers
to service Hillcrest Park Subdivi-
sion and Hil]crest Subdivision No.
2 and other property in the vicinity
thereof. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution No. 37.46
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that it is deemed advisable to sell
the:
Middle One•Third of Lot No. 2
of Subdivision of Lot 73 in
Glendale Addition to the City of
Dubuque, Iowa
to Philip Qeth for the sum of $75.00
and to execute a Quit Claim Deed
of said premises to said grantee
and deliver the same to said gran-
tee upon payment of the purchase
price.
Be It Further resolved that the
Mayor and Clerk of the City of Du
buque be, and they are hereby au•
thm~ized to execute said Quit Claim
Deed on behalf of the City of Du•
buque and to affix thereto the of•
ficial seal of said City.
Passed, adopted and approved
this 15th day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: J. J. SHEA,
City Clerk
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Resolution No. 38.46
Whereas, the South 17 ft. 5 in.
of Lot 5 and the North 8 ft. of Lot
6 of Levi's Add. was sold on Feb-
ruary 3, 1936 to Dubuque County
Iowa by the County Treasurer for
delinquent and unpaid taxes far the
years 1928 to 1934 inclusive, and,
Whereas, Dubuque County, Iowa
desires to sell the above desrcibed
real estate to Edgar A. Schmitz for
$25.00, and,
Whereas, the sale of said prop-
erty by Dubuque County, Iowa to
Edgar A. Schmitz for a sum less
than the total amount stated in the
tax certificate including all en•
dorsements of subsequent general
taxes, interests and costs requires.
tho written approval of a majority
of all tax levying and tax certify-
ing bodies having any interest in
said taxes.
Now Therefore,
Be It Resolved by the City Coun•
cil of the City of Dubuque, Iowa
That the sale of the above de-
scribed property to Edgar A.
Schmitz for the sum of $25.00 in
cash be, and, the same is hereby
authorized and approved.
Passed, adopted and approved
this 16th day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen
Attest: 3 J. SHEA,
City Clerk
Councilman ..Moffatt moved the
adoption of the resolution. Second-
ed by Councilman Murphy. Carried
by the following vote:
Special Session, April 15, 1946 83
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Resolution No. 39.46
Be It Resolved by the City Coun-
cil of Dubuque that the following,
having complied with the provi-
sions of law relating to the sale
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 permits
on behalf of said City.
Name Address
Harry A. Rawson, 342 Main St.
Be It Further Resolved that the
bond filed with the application be
approved.
Passed adopted and approved
this 15th day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMP'SON,
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 Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelman,
Nays-None,
Mayor Wharton announced the
following- named persons as mem-
bers of the Veterans' Emergency
Housing Committee, as requested
by Mr. Wilson~4V. Wyatt, National
Housing Expediter, to help with the
home building program to meet the
most urgent need for housing for
the returning veterans: Councilman
F. W. Thompson to represent the
City Government; Dr. D, F. Ward
to represent the Veterans of For-
eign Wars; Mr, Herbert J, Neenan
to represent the American Legion;
Mr. Anthony F. Neuwoehner to rep-
resent the Amvets; Mr. George R.
Burden to represent the Chamber of
of Commerce; Mr. Lawrence M.
Hanson to represent Labor; Mr.
Ralph H, Mueller to represent the
Builders; Mr, N. J. Greteman to
represent Finance.
There being no further business
Councilman Murphy moved to ad•
journ. Seconded by Councilman Van
Duelman. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
J. J. Shea
City Clerk.
Approved ................................... 1946.
Adopted .:................................... 1946.
......................................
Councilmen: j ......................................
Attest : .............................................
City Clerk.
84 Special Session, :April. 16th, 19'}6 Special Session, April 16th, 196 85
~l o , j
(Official)
Special Session, April 16th, 1946.
Council met at 7:30 p.m:
Present-Mayor Wharton, Couu•
cilmen Moffatt, Murphy; Thompson,
Van Duelman, City Manager Rhom-
berg.
Meeting called by order of Coun-
cilmen Murphy and Moffatt,
Mayor Wharton read the call and
stated that service thereof had been
duly made and that this meeting
is called for the purpose of consid-
ering the appointment of a Police
Judge and acting on any other busi-
ness as may properly come before
a regular meeting of the City Coun-
cil.
Ordinance No. 6-46, An Ordinance
amending Ordinance No, 169 en•
titled "An Ordinance Establishing
a Single Ward for the City of Du-
buque and Dividing the Same into
Election Precincts, Establishing
such Precincts and Defining the
Boundaries Thereof" by adding ad-
ditional territory to the Sixth Pre•
cinct,presented and read.
Councilman Van Duelman moved
that the reading just had be con-
sidered the first reading of the or-
dinance. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van :Duelman,
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 Murphy. Carried by the
following vote:
Yeas-Mayor Wharton, Gouncil-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Petition of Sarah Koehler, refer-
red to the City Council by the
Board of Supervisors, requesting
suspension of the 1945 tax on Lot
15 Jackson School Sub, presented
and read.
Councilman Thompson moved
that the petition be referred to the
City Solicitor for. investigation and
report. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Council recessed at 7:50 p.m, for
the purpose of considering the ap-
plications of R. M, Czizek, T. H. Nel•
son, John C. Oberhausen and John
L. Duffy filed forr the position of
Police Judge in accordance with the
provisions of the Soldiers Prefer-
ence Law, Chapter 60 of the 1939
Code of Iowa, as amended. Council
reconvened at 8:00 p.m.
Councilman Van Duelman moved
that Mr. John C. Oberhausen be ap-
pointed far the position of Police
Judge. Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None,
Resolution No. 40.46
A Resolution providing for the
appointment of a Police Judge of
the City of Dubuque, prescribing
the salary and fixing the bond.
Be It Resolved by the City Coun•
cil of the City of Dubuque that the
following officer be appointed, sub-
ject, however, to the right of the
Council to declare such office va•
cant or remove the officer there-
from at the pleasm•e of the Council
with or without cause, and to be
paid the compensation of $1,800.00
per annum and a bond of $1,000.00
shall be provided by such officer at
his expense,
Police Judge-John C. Oberhau-
sen.
Said appointment to be effective
May 1, 1946.
Passed, adopted and approved
this 16th day of April, 1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F, W. THOMPSON,
GEO. R, MURPHY,
W. W. MOFFATT,
Councihnen
Attest: J. J. SHEA,
City Clerk
Councilman Moffatt moved the
adoption of the resolution, Second-
ed by Councilman Van Duelman.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None,
There being no further business
Councilman Murphy moved to ad-
journ. Seconded by Councilman
Thompson. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None,
J. J. Shea
City Clerk,
Approved ................................. 1946
Adopted .................................... 1946.
I~ ......................................
Councilmen: J ......................................
Attest: ...... _ .......................................
City Clerk
86 Special Session, Apri126th, 1946
~~~~~~'~ V~~~J
(Official.)
Special Session, April 26th, 1946.
Council met at 7:30 p.m.
Present-Mayor Wharton, Coun-.
' cilmen Moffatt, Murphy, Thompson,
Van Duelman, City Manager Rhom-
berg.
Meeting called by order of Coun•
cilmen Van Duelman and Thomp•
son.
Mayor Wharton read the call and
stated that service thereof had
been duly made and that this meet-
lug is called for the purpose of con-
sidering for final adoption Ordin-
ances amending and changing the
Zoning Map and Zoning Ordinance
and acting on any~other business as
may properly come before a regular
meeting of the City Council.
Notice of claim of Grace C. Hoh-
mann in the amount of $23.50 for:
injuries sustained in a fall on a de•
fective sidewalk on University Av
enue, presented and read.
Councilman Mm•phy moved that
the Notice of Claim be referred to
the City Solicitor for investigation
and report. Seconded by Council-
man Van Duelman, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Communication of Fred W.
~ Schroeder submitting offer in the
amount of $6,000.00 for the pur-
chase of city owned property known
as "Hackett Nursery" and describ-
ed as Lot 1 of 1 of 2 of part of
City Lot 735, presented and read.
Councilman Murphy moved that
the communication be referred to
the Council for further considera-
tion. Seconded by Councihman
Thompson, Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Mm•phy, Thompson,
Van Duelman,
Nays-None,
Des Moines, Iowa, April 18, 1946
Mr, J. J. Shea, City Clerk
Dubuque, Iowa
Dear Sir: We are in receipt of
yom• letter of April 17, 1946 enclos-
ing a transcript of the records of
the City Council of the City of Du-
buque, Iowa, and plat showing the
territory annexed by the City of Du-
buque. We have filed the transcript
and plat in this office.
Yours very truly,
WAYNE M, ROPES
Secretary of State
R. E. JOHNSON
Deputy
Councilman Van Duelman moved
that the communication be received
and made a matter of record. Sec-
onded by Councilman Moffatt. Car•
Tied by the following vote:
Yeas-Mayor Wharton, CounciI-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Commmnication of the Office of
the Commissioner, United States
Department of Justice, Immigration
and Naturalization Service, Phila-
delphia, Pa„ submitting a copy of
a proclamation issued by the Presi-
dent of the United States designat-
ing May 19, 1946 as "I Am An Amer-
ican Day" and calling ou all civil
and educational authorities to co•
operate in planning proper obser-
vances on this occasion, presented
and read.
Councilman Thompson moved
that the communication be referred
to the Mayor for his action, Second-
ed by Councilman Murphy, Carried
by the following vote:
Yeas-Mayor Wharton; Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None.
Communication of the Lynwood
Cemetery Association, by J. W.
Winall, Treasurer, stating that the
Board of Directors of the Linwood
Cemetery Association wisles to in-
form the City Council that they will
sell to the City of Dubuque, for
playground purposes, all the prop-
erty west of Burden Street being
Lot 1 of 3 of the Sub, of Lots 11-12-
13 of NE r/4 of Section 13 for
$1,500.00, presented and read.
Councilman Thompson moved
that the communication be referred
to the Council for further considera-
tion. Seconded by Councilman Mof-
fatt. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Communication of County Audi-
tor Daykin advising that. the Board
of Supervisors have accepted an of-
fer of $100.00 on Lots 3 and 4 of
Special Session, April 26th, 1946
168 of L~ H, Langworthy"s Add.
made by Clarence L. Wagner, pre-
sented and read.
Councilman Moffatt moved that
the communication be referred to
the Council to view the grounds.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Dubuque, Iowa, April 24, 1946
Mr. J, J. Shea, City Clerk
City Hall, Dubuque, Iowa
Dear Sir: We enclose herewith
acceptance by the Illinois Central
Railroad Company of City of Du•
buque Ordinance No. 9-45 which
grants authority for construction of
railroad tracks to serve Marmis and
Solomon. We also enclose herewith
duly executed waivers and releases
of damage signed by all interested
property owners.
We trust you will find everything
in order so that the ordinance can
now be published. Will you please
advise us of the cost of publication
and upon receipt of same we will
procure a draft to cover.
Very truly yours,
O'Connor, 'Thomas & O'Connor
By E, Marrshall Thomas
Councilman Van Duelman moved
that the communication be received
and made a matter of record, Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas~Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 9.45
An Ordinance granting to the Il-
linois Central Railroad Company,
its successors and assigns, right to
construct and maintain aside-track
from its track in Salina Street
south of Charter Street thence
northeasterly in Solna 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 provid-
ing- the terms and conditions there-
of.
Be It Ordained' by the City Coun,
cil of the City of Dubuque:
Sec, 1. That permission be, and
the same is hereby granted to the
Illinois Central Railroad Company
its successors and assigns, to lay
87
down, operate and maintain a spur
track from its side track now locat-
ed on Salina Street, commencing
at a point south of Charter Street
thence northeasterly about 180 feet
and into the premises described as
Lots 7, 8 and 9 of Block 13 in Du-
buque Harbor Company's addition
in the City of Dubuque, Iowa, in ac-
cordance with the plans now on file
in the office of the City Clerk,
Sec. 2. That in the laying down
and the operation of said track, the
same shall be so constructed and
maintained as to create the least
possible abstraction of the ordin-
ary travel and use of the street on
and over which said track is laid;
that cars shall not be allowed to
stand on the track in said streets
and that the same shall be kept
free for travel at all times except
when it may be necessary for cars
to be switched across the same,
Sec. 3. That said tracks hereby
authorized shall be laid to the es-
tablished grade of Salina Street and
should the grade of said Street be
changed at any time, the' said
track stall be so changed as to con-
form to such clanged grade at the
expense of the railroad company,
and the company shall have no
claim for damages against the City
by reason Hereof.
Sec. 4, That the said raihoad
company shall, at all times, keep
He space between the rails of said
track and the space to the end of
He ties on each side of said track
so graded that automobiles or other
vehicles may easily cross over and
use all of said space, and that when
required by the City Council, said
raihroad company shall plank be-
tween the rails and make suitablo
approaches as required by the
Council to enable vehicles to easily
crass over the same.
Sec. 5. Said track shall be so
constructed and maintained as not
to dam up m• obstruct the flow of
water in said street and the said
railroad company shall at its own
expense construct said drainage
structures as may be necessary to
prevent the damming up or obstruc-
tion of flowage of the water in said
street.
Sec. 6. It is further expressly
stipulated and provided that all
railroad companies now operating
traelcs in the city shalt be entitled
~®..
;)
..-i
88 ~peciai Session, April 26th, 196
at any time to have their cars
transferred over said tracka, and
all intermediate tracks of said
company, its successors and as•
signs, which may be necessary to
be used in order to connect with
the track hereby authorized upon
the payment of such switching
charges which may be uniformly
applied within tlus city and ac-
cepted as reasonable between rail-
road companies operating within
the city.
Sec. 7. This Ordinance being
deemed urgent and of immediate
necessity, shall become effective
upon its passage, adoption and ap-
proval by the City Council and pub-
lication as provided by law and
the rights herein granted shall ac-
crue to said railroad company when
this Ordinance has been accepted
by said railroad company, which
acceptance shall be endorsed here-
on, and when the costs and ex-
pense of publishing same have been
paid by said railroad company and
when the injuries and damage to
property abutting upon said streets
have been ascertained and cony
pensated for, or in lieu thereof,
when the record owners of such
property and record holders of
liens and encurnbranees thereon
have filed with this Council their
consent to the construction and op-
eration of such track and waivers
and releases of any damages which
may be sustained by them on ac-
count of the construction and op-
eration of the same.
Passed upon first reading this
10th day of September, 1945.
Passed, adopted and approved
on final reading this 1st day of
October, 1945.
GEO. R. MURPHY,
Mayor Pro Tem
FRANK VAN DUELNIAN,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen
Attest: J. J. SHEA,
City Clerk
Acceptance by
Illinois Central Railroad Company
Illinois Central Railroad Cam-
panydoes hereby accept all the
terms, provisions and conditions of
the Ordinance adopted by the City
Council, Dubuque, Iowa, entitled:
"An Ordinance granting to the
Illinois Central Railroad Company,
its successors and assigns, right to
construct and maintain a side-
track from its track in Salina
Street south of Charter Street
thence northeasterly in Salina
Street and into the premises de-
scribed 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;
being Ordinance No. 9-45 and that
said raih•oad company does hereby
agree to comply with all terms, and
conditions of said ordinance.
ILLINOIS CENTRAL RAILROAD
COMPANY
By C. H. MOTTIER,
Vice-President and
Chief Engineer
Published officially in The Tele-
graph-Herald newspaper this 29th
day of April, 1946.
J. J. SHEA,
City Clerk
Waiver and Release of Damage
The undersigned, being the owner
of the following described real es-
tate, town: Lots 3 and 4 of Block
"B" and Lot 4 of Block "C", all in
Industrial Subdivision in the City
of Dubuque, Iowa, according to .the
recorded plat of said Subdivision,
which property abuts Salina Street
iu the City of Dubuque, Iowa, in
which street the Illinois Central
Railroad Company purposes to con-
struct aspur from the track in said
street into the premises described
as Lots 7, 8 and 9, Block 13, Du-
buque Harbor Company's Addition
to the City of Dubuque, Iowa, pur-
suant to authority granted by the
City of Dubuque, Iowa, in Ordin-
ance Number 9-45, approved on
final reading October 1st, 1945, in
consideration of the building of said
spur track by said Railroad Com-
pany, does hereby forever waive
and release any and all claims the
undersigned has or may have for
damages against the Ililnois Cen•
tral Railroad Company, its succes-
sors and assigns, resulting from the
construction of the aforesaid spur
track in Salina Street.
Dated this 2nd day of November,
1945.
MAIZEWOOD INSULATION CO.,
(Seal)
By Robert W. Hauptli, Vice-Pres.
Walter M, Tschirgi, Sec.
STATE OF IOWA
COUNTY OF DUBUQUElSS:
On this 2nd day of November,
Special Session, ~~pril 26th, 19=46 ~9
A. D., 1946, before me, A Notary
Public in and for said County, per-
sonally appeared Robert W. Haup-
tli and Walter M, Tschirgi, to me
personally known, who being sev
erally duly sworn, did say that they
are the Vice-President and Secre-
tary respectfully, of said Maizewood
Insulation Company, that the seal
affixed to said instrument is the
seal of said corporation (That no
seal has been procured by the said
corporation), and that said instru-
ment was signed and sealed on be-
half of its Board of Directors and
the said Robert W. Hauptli and
Walter M. Tschrigi as such officers
acknowledged the execution of said
instrument to be the voluntary act
and deed of said corporation by it
voluntarily executed.
E. Marshall Thomas
Notary Public in and fm• Dubuque
County, Iowa.
Councilman Van Duelman moved
that the Waiver and Release of
Damage be received and made a
matter of record. Seconded by
Councilman Mw~phy. Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
Nays-None,
Waiver and Release of Damage
The undersigned, being the own-
er of the following described real
estate, town: Block 20, Dubuque
Harbor Compony's Addition to the
City of Dubuque, Iowa, accm•ding
to the recorded plat of said subdi-
vision, which property abuts Salina
Street in the City of Dubuque, Iowa,
in which street the Illinois Central
Railroad Company purposes to con-
struct aspur from the track in said
street onto the premises described
as Lots 7, 8 and 9, Block 13, Du-
buque Harbor Company's Addition
to the City of Dubuque, Iowa, pur-
suant to authority granted by the
City of Dubuque, Iowa in Ordinance
Number 9-45, approved on final
reading October 1st, 1945, in consid-
eration of the building of said spur
traclz by said Railroad Company,
do hereby forever waive and release
any and all claims the undersigned
have or may have for damages
against the Ililnois Central Railroad
Company, its successors and as-
signs, resulting from the canstruc-
tion of the aforesaid spur track in
Salina Street.
Dated this 5th day of April, 1946.
BART L. MOLO
HAROLD E. MOLO
WILLIAM S. MOLD
STATE OF IOWA 1 SS:
COUNTY OF DUBUQUE J
On this 8th day of April, 1946, be-
fore me a Notary Public in and for
Dubuque County, Iowa, personally
appeared Bart L. Molo, Harold E.
Molo and William S. Molo, Jr., to
me known to be the identical per-
sons named in and who executed
the foreging instrument and ac-
knowledged that they executed the
same as their voluntary act and
deed.
E. Marshall Thomas
Notary Public in and for Dubuque
County, Iowa.
Councilman Van Duelmar, moved
that the Waiver and Release of
Damage be received and made a
matter of record. Seconded by
Councilman Murphy. Carried by the
fallowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson;
Van Duelman,
Nays-None.
Waiver and Release of Damage
The undersigned, being the own-
ers of the following described real
estate, town: Lots 7, 8 and 9 Block
13, Dubuque Harbor Company's Ad-
dition to the City of Dubuque, Iowa,
which property abuts Salina Street
in the City of Dubuque, Iowa, in
which street the Illinois Central
Railroad Company purposes to con-
struct aspur from the track in said
street onto the premises described
as Lots 7, 8 and 9, Block 13, Du-
buque Harbor Company's Addition
to the City of Dubuque, Iowa, pur-
suant to authority granted by the
City of Dubuque, Iowa, in Ordin-
ance Number 9-45, approved on
final reading October 1st, 1945, in
consideration of the building of
said spur track by said Railroad
Company, do hereby forever waive
and release any and all claims the.
undersigned have or may have for
damages against the Illinois Cen-
tral Railroad Company, its succes-
sors and assigns, resulting from the
construction of the aforesaid spur
track in Salina Street.
i
51
it
W~
~i
.~~
y
'-I
~1
90 Special Session, Apri126th, 1946
Dated this Sth day of April, 1946.
MEYER MARMIS
DAVID SOLOMON
STATE OF IOWA l SS:
COUNTY OF DUBUQUE J
On this Sth day of April, A. D.,
1946, before me a Notary Public in
and for Dubuque County, Iowa, per-
sonally appeared Meper Marmis
and David Soloman, to me known
to be the identical persons named
in and who executed the foregoing
instrument, and acknowledged that
they executed the same as their
voluntary act and deed,
E, Marshall Thomas
Notary Public in and for Dubuque
County, Iowa,
Councilman Van Duelman moved
that the Waiver and Release of
Damage be received and made a
matter of record. Seconded by
Councilman Murphy. Carried by the
following vote:
Yeas-Mayor Wharton, Council•
men Moffatt, Murphy, Thompson,
Van Duelman.
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
during the month of March, 1946,
presented and read.
Councilman Moffatt moved that
the proof of publication be received
and filed. Seconded by Councilman
Vau Duelman, Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Duelman.
Nays-None.
Ordinance No, 4-46. An Ordinance
amending and changing the Zoning
Map of the City of Dubuque as pro-
vided by Ordinance No. 3.34 desig-
nated "Zoning Ordiance of the City
of Dubuque" so as to change to
"Multiple Family" classification
certain defined territory now being
delimited as "Single Family" or
"Two Family" Districts, said or-
dinance having been passed upon
first reading on Apri116th,1946 and
ordered placed on file with the City
Clerk for Public inspection for at
least one week before its final adop-
tion, was Presented for final adop-
t10Il.
ORDINANCE N0, 446
An Ordinance amending and chang-
ing the Zoning Map of the City of
Dubuque as provided by Ordinance
No. 3-34 designated "Z.oning Ordi-
nonce of the City of Dubuque" so as
to change to "Multiple Family" classi-
fication certain defined territory now
being delimited as "Single Family" or
"Two Family" Districts.
Whereas, it is deemed advisable by
the City Council to amend the Zoning
Map of the City of Dubuqus as pro-
vided by Ordinance No. 3-34, designat-
ed as "Zoning Ordinance of the City
of Dubuque" so as to change to "Mul-
tiple Family" classification certain
territory hereinafter described, now
delimited as "Single Family" or "Two
Family" Districts; and,
Whereas, Notice of such proposed
change has been published as provid-
ed ly law and an opportunity afford-
ed to arty and all interested parties
znd citizens to obiect thereto at a
public meeting held at 7:30 P. M.,
April 15th, 1946, in the Council Cham-
ber in the City Ha-11; and,
Whereas, no obiections have been
filed or made to the proposed change.
Now, Therefore,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DII-
BU~UE:
Sec. 1. That the Zoning Map and
7.oning Ordinance of the City of Du-
buque be, and the same is hereby
amended and changed as follows:
By changing from a "Single Fam-
ily" or "Two Family" res[dence dis-
trict the area described as follows:
Beginning at the intersection of the
centerlines of Highland Place and
bleat Eleventh Street proceeding in
a northerly direction on the oenter
line of Highland Place to the es-
tensimt of the northerly property
line of Lot Number R27 of Sub of
824 McDaniel's Sub., thence westerly
along the northerly property line of
the said lot nwnber 827 to the cen-
terline of the alley first west of
Highland Place, thence southerly
along the center line to the exten-
sion of the north property line of
Lot 8 of Sub. oP Lot 823 and Part
of Lot 324, thence westerly along the
northerly property Line oP Lots 8,
7, G, 5 and 4 of Sub. of Lot 323
and Part oP Lot 824, thence south-
erly along the westerly line of Lot
number 4 of Sub of Lot 823 and
Part oP Lot 824 to the centerline of
West Eleventh Street, thence west-
erly along the centerline of West
Eleventh to the center line of the
alley first east of Center Street,
thence northerly on the centerline
of the alley fast east of Center
Street t o the Centerline of Rose
Street, thence westerly on the cen-
terline of Rose Street to the center-
line of the alley first east of Bel-
mont Street, thence northerly on
the centerline of the alley first east
of Belmont Street to the extension
of the southerly property line of
Lot number 16 of Sub of Lot 3 of
I<I. L. 90, thence easterly along the
southerly property line of said lot
to the centerline of Cummins Street,
thence northerly along the center-
line of Cummins Street to_the cen-
terline of Lm~as Blvd„ thence west-
erly along the centerline of Loras
BLvd. to the centerline of the alley
first west of Alta Vista, thence
south along the centerline of the al-
ley first west of Alta Vista to the
centerline of Martha Street, thence
westerly along the centerline of
Martha street to the centerline of
Special Session, April 26th, 1946 91
Nevada street, thence southerly
along the centerline of Nevada
Street to a line 100 feet north
of the northerly side of University
Avenue then eastearly and south
easterly along this line 100 feet
north of the northerly side of Uni-
versity Avenue to the line 100 feet
north of the northerly side of Rob-
inson Street, thence easterly along
the line 100 feet north oPthe north-
erly side of Robinson Street to the
extension of the centerline of the al-
ley First west of Bluff Street be-
tween 10th and 11th Streets thence
northerly along the extension of the
centerline of the said alley and
along the centerline of said alley
to the centerline of West Eleventh
Street thence westerly along the
centerline of East Eleventh Street
to the centerline of Highland Place,
the point of beginning.
Sec. 2. This Ordinance shall be in
orce and effect ten (10) days from
and after its final passage, adoption
and publication as provided by law.
Passed upon first reading this 15th
day of April, 1946.
Yassed, adopted and approved upon
final reading this 26th day oP April,
194r,.
ALBERT WHARTON.
brayer
FRANK VAN DUELMAN.
F, W. TI30MPSON.
GEO. R. DIURPHY.
W. W. MOFFATT.
Councilmen.
Attest: J. J. SHEA.
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 30th day
of April, 1946.
.I. J. SHEA,
4-30-1t City Clerk.
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Murphy. Car-
ried by the follwoiug vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 5.46. An Ordinance
amending and changing the Zoning
Map of the Gity of Dubuque as pro-
vided by Ordinance No. 3.34 desig-
nated "Zoning Ordinance of the
City of Dnhuque" so as to change
to "Multiple Family Residence"
classification certain defined terri-
tory now being• delimited as "Two
Family Residence District," said or•
dinance having been passed upon
first reading on April 15th, 1946
and ordered placed on file with the
City Clerk for public inspection for
at least one week before its final
adoption, was presented for final
adoption.
ORDINANCE N0. 5.46
An Ordinance amending and chang-
ing the Zoning Map of the City of
Dubuque as provided by Ordinance
No, 3-34 designated "Zoning Ordi-
nance of the City of Dubuque" so
as to change to "Multiple Family
Residence" classification certain de-
fined territory now being delimited
as "Two Famly Residence District"
Whereas, it is deemed advisable
by the City Council to amend the
Zoning Map oP the City oP Dubuque
as provided by Ordinance No. 3-34,
designated as 'Zoning Ordinance of
the City of Dubuque" so as to change
to "Multiple Family Residence" cer-
tain territory hereinafter described,
now delimited as `Two Family Resi-
dence DisU~iet"~ and,
Whereas, Notice of such proposed
change has been published as pro-
vided by law and an opportunity
afforded to any and all interested
parties and citizens to abject thereto
at a public meeting held at 7:30
a'cloclt P, nL, April 15th, 1946 in
the Council Chamber in the City
Hall; and,
Whereas, no objections have been
filed or made to the proposed change.
Now, Therefore,
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
Section 1. Thab the Zoning Map
and Zoning Ordinance of the City of
Dubuque be, and the same is hereby
amended and changed as Follows:
By ohangin„ from a "Two Family
Residence District" to "Multiple
Family Residence" classification the
area described as follows:
Bounded on the southerly side by
22nd Street, on the easterl-v side by
the Chicago Great Western Railroad
tracks, on th,ee northerly side by the
City limits aS~d the westerly side by
a line 100 feet west of the westerly
side of Central Avenue
Section 2. This Ordinance shall be
in force and effect ten (10) days
from and after its final Passage,
adoption and publication as provided
by law.
Passed upon Yirst reading this 15th
day of April, 1946.
Passed, adapted and approved upon
final reading this 26th day of April,
1946.
ALBERT WHARTON,
Mayor
FRANK VAN DUELMAN,
F. W. THOMPSON,
GEO. R. MURPHY,
W, W, MOFFATT,
Councilmen.
Attest: J, J, SHEA,
City Clerk.
Published officially in The Tele-
graph-Herald newspaper this 30th
day of April, 1946.
4-30-1t. J, J. SHEA,
City Clerk.
Councilman Moffatt moved the
adoption of the ordinance. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
lnen Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Ordinance No, 6.46, An Ordinance
amending Ordinance No. 169 en-
titled "An Ordiance Establishing a
Single Ward for the City of Du-
buque and Dividing the Same into
Election Precincts. Establishing
such Precincts and Defining the
Boundaries Thereof" by adding ad-
ditional territory to the Sixth Pre-
cinct, said ordinance having been
ii
,'I~
V~
s:;?i
!i
r'
;,
.'i
i
1
.,,'j
r
i
`a
1
i
{
`'I
j
u
92 Special Session, Apri126th, 1946
passed upon first reading of April
16th 1946 and ordered placed on
16th, 1946 and ordered placed on
inspection for at least one week be•
fore its final adoption, was present-
ed for final adoption,
ORDINANCE N0. 6-46
An Ordinance amending Ordinance
No. 159 entitled °An Ordinance
Establishing a Single Ward for the
City of Dubuque and Dividing the
Same into Election Precincts, Estab-
lishing such Precincts and Defining
the Boundaries Thereof" by adding
additional territory to the Sixth Pre-
cinct.
BE IT ORDAINED BY THE CITY
COUNCIL OF THE CITY OF DU-
BUQUE
Sec 1, That Ordinance No. 159, "An
Ordinance Establishing a Single
Ward Por the City of Dubuque and
Dividing the Same into Election Pre-
cincts, Establishing such Precincts
and Defning the Boundaries There-
of", "SIlTH PRECINCT" be
amended by sh~il{ing from the de-
sm~iptimi of the said Sixth Precinct
the last part thereof, the following:
"thence southerly almig the west-
erly city limits to the place of be-
ginning."
and inserting in lieu thereof the
rollowng:
"thence southerly along the wost-
erly city ]units to the northerly Line
of Seminary Street and Stout Road,
thence westerly along the northerly
side of Stout Road to the Asbury
Road; thence along the northerly side
of the Asbury Road to Avalon Road
thence southerly along the westerly
side of Avalon Road to the southerly
boundary of Hillcrest Road, thence
easterly along the southerly boundary
of Hillcrest Road to the Northwest
corner of Lot 1 of 2 oP Mineral Lot
261, thence southerly along the west-
erly boundary of Lot 1 of 2 of Min-
eral Lot 2fi1 and Lot 1 of 2 of 1 of 1
of Links Sub, to the southwest cor-
ner nP Lot 1 of 2 of 1 of 1 of Links
Sub, thence easterly along the south
boundary line of Lot I of 2 of 1 of I
of Litiles Sub. to the southerly boun-
dary of Ashury road, thence south-
easterly along the southerly boun-
dary of Asbury Road to the city hm-
its and thence southerly along. the
westerly City limits to the place of
beginning."
Sec. 2, This Ordinance shall be in
force and effect ten (10) days Prom
and after its Pina] passage, adoption
and publication as provided by law.
Passed upon first reading- this 16th
dap of April, 1946.
Passed, adopted and approved upon
final reading this 26th day oP April,
ls4o,
ALBERT 4VHARTON,
Slayor.
FRANK VAN DUELMAN,
F. W. THOMPSON,
GFO, R. MURPHY,
tiV, W, MOFPATT,
Councilmen.
Attest: ,T. ,T, SHEA,
City Clerk.
` Puhlished officially in The Te]e-
^raph-Herald newspaper this 3Pth
rlav of April, 1946.
1-so-1t a. ,r. sxEA,
City C'lei'k.
Councilman Van Duelman moved
the adoption of the ordinance. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt; Murphy, Thompson,
Van Duelman.
Nays-None.
Ordinance No. 7.46. An Ordinance
amending Ordinance No 10-37, en-
titled "Traffic Code of the City of
Dubuque" by providing the condi-
tions upon which a motor vehicle
may be parked in parking lots, and
by describing a parking lot, pre-
sented and read
Councilman Van Duelman moved
that tie reading just had be con-
sidered the first reading of the or-
dinairce. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman,
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 Thompson, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Van Duehnau 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 Moffatt, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nay-Noce.
Ordinance No 8-46. An Ordinance
vacating the alley Lying between
Brunswick Street and Burden Av-
enue from Groveland Place to
O'Neill Street iu the City of Du-
buque, Iowa, presented and read.
Councilnan Van Duelman moved
that the reading just had be con-
sidered the first reading of the or•
dinance. Seconded by Councilman
Murphy, Carried by the fo]lowing
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson;
Van Duelman,
Nays-ATOne.
Councilman Van Duelman moved
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Special Session, Apri126th,1946 93
Councilman Moffatt, Carried by the
following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Councilman Van Duelman moved
that the ordinance be placed on file
with the City Clerk for public in-
spectioh for at least one week be-
fore its final adoption. Seconded by
Councilman Thompon. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Amoral report of the Librarian
of the Carnegie-Stout Free Public
Library for the year ending March
31, 1946, presented and read.
Councilman Van Duelman moved
that tie report be received and
placed on file. Seconded by Coun-
cilman Thompson. Carried by the
following vote:
Yeas-Mayor Wlarton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
Annual report of the Board of
Trustees of the Carnegie-Stout free
public library for the year ending
March 31, 1946, presented and read.
Councilman Muuphy moved that
the repm't be received and placed
on file. Seconded by Councilman
Moffatt. Carried by the following
Vote:
Yeaa-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
fan Duelman.
Nays-Noce.
$48.73 carrying interest at $3.97, of
$52.70, makinga total oP $533.38.
Respectfully submitted,
OTTO F. PULS, "
City Treasurer
Councilman 'Thompson moved
that the communication of City
Treasurer Puls be referred to the
City Manager to confer with the
Trustees of the Grace Methodist
Church. Seconded by Councilman
Murpy. Carried by the following
vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 18, 1946
Honorable Mayor and City
Council of Dubuque, Iowa.
Gentlemen:
With reference to tie Petition
for Suspension of Taxes by Mrs.
Margaret E. Hogan, referred to
the City Council by the Board of
Supervisors, while the reason
given Tor the suspension of taxes.
is one provided for by Statute,
the statute fm•ther provides, Sec'.
6950:
"such person may file a Petition
duly sworn to with the Board
of Supervisors stating such fact
and giving a statement of pro-
perty, real or personal, owned or
possessed by such applicant"
The Petition herein fails to comply
with the above requirement, but
there is a space in the Petition for
such information. Until the Peti-
tion is cmnplete~d the same can
not be approved and I recommend
it be returned to the office of the
Board of Supervisors with a copy
of this letter.
Yonl•a tl'Uly,
Aprf122
1946 90HN J. KINTZINGER
,
mo tie Honorable Mayor and City Solicitor
t;iiy Council, Dubuque, Iowa Councilman Thompson moved
Gentlemen: Referring to the pe- that the recommendation of City
tition of A. 0. Milhus, Trustee of Solicitor I{intzinger be approveds
the Grace Methodist Church, which Seconded by Councilman Moffatt.
was referred to me for investiga- Carried by the following vote:
tion and report, I herewith submit Yeas-Mayor Wharton, Council-
the following: men Moffatt, 114tu•phy; Thompson,
Van Duelman.
On May 26, 1943 against the N. Nays-None.
50' of N. 107' of the East r/z of City April 22, 1946 "
Lot 746, which the City purchased Honorable Mayor and City
at tax sale for $292.43, the penalty Council, City of Dubuque, Iowa
was $186.10, also the cost of adver- Gentlemen;
tieing and the making of the cer• With reference to the Petition
tificate amounted to a total of of Sarah ISoeliler requesting sus-
$450.68. The City also paid the pension of 1945 taxes on Lot 15
tenth installment amounting to '~ Jackson School Sub., this Petition
.~9
u .. .
v
'a
"a
r:
III
I
I
~I
l
;~
I
i
J
94 Special Session, Apri126th, 1946
should be rejected for the same
reason given in my report filed
with reference to the Petition of
Mrs. Margaret E. Hogan.
I recommend this Petition be
returned to the office of the Board
of Supervisors with a copy of
this letter. Yours truly,
JOHN J. I{INTZINGER
City Solicitor
Councilman Moffatt move d
that the recommendation of City
Solicitor Kintzinger be approved.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men iVIoffatt,a Murphy, Thompson,
Van Duelman.
Nays-None.
April 18, 1946
In re: Claim of Arthur C. Parker
Honorable 141ayor and City
Council, City of Dubuque, Iowa
Gentlemen:
With reference to the claim of
Arthur C. Parker for $5000.00 for
damages for injuries received on
December 18, 1945, at a place
where he slipped and fell on part
of the sidewalk on the northerly
side of University Avenue which
crosses the end of the alley be-
tween Aita Vista Street and Cen-
ter Place, it appears that ice and
snow and frozen slush has accumu-
lated at this place and had be-
come uneven, rounded, rough and
in a dangerous condition, part of
which was caused from bhe dis-
charge of water from a drain on
the abutting property. He re•
ceived a fracture of his hip which
resulted in him going to the hos-
pital, receiving hospital care and
attention and medical and surgical
care and attention. He was in the
l;ospitai from the time of 'his in-
juries on Decem~~ber 18, 1946 to
March 19, 1946. The hospital bill
is $667.05 and the medical bill
$196.OU. From the Mercy Hospital
he went to St. Anthony's home
where he is still confined. At
this time he is walking around
on crutches and probably will be
for some time in bhe future. He
claims that he suffered much pain,
discomfort and loss of wages.
After consultation with his At-
torney, Frank R. Lacy, about this
matter, they have agreed to ac-
cept $750.00 in full payment of the
claim. I feel that the condition
of the walk at the place in ques-
tion was such as to make a jury
question on the matter of negli-
gence.
I reeom~mend that the claim be
settled for $750.00, that a war-
rant be issued payable to Frank
R. Lacy, attorney for Arthur C.
Parker in the amount of $750.00
and that the same be delivered
when a release properly executed
is filed by the claimant.
Yours truly,
JOHN J. KINTZINGER
City Solicitor
Councilman Murphy moved that
the recommendation of City Soli-
citor Kintzinger be approved and
the City Auditor instructed to
draw a warrant in the amount of
$750.00 in favor of Frank R. Lacy,
Attorney for Arthur C. Parker, as
settlement in full of the claim,
and that said warrant be delivered
upon receipt by the City of Du-
buque of a properly executed re-
lease. Seconded by Councilman
Van Duelman. Carried by the fol-
lowing voter
Yeas--Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 18, 1946
Honorable Mayor and City
City Council, Dubuque, Iowa.
Gentlemen:
Inclosed herein in Resolution
authorizing sale of the following
described real estate, Lot 2 of
Sub. 24 and 25 Benson & Stewart's
Sub., Lot 2 of 1 of 24 and 25 Bon-
son & Stewart's Sub., to R. F.
Trapp for $676.00, and a deed to be
executed by the Mayor and Clerk
of the City of Dubuque.
Yours truly,
JOHN J. KINTZINGER
City Solicitor
Councilman Thompson moved
that the communication of City
Solicitor Kintzinger be received
and filed. Seconded by Council-
man 114offatt. Carried by the fol-
lowing vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Mm~phy, Thompson;
Van Duelman.
Nays None.
Resolution No. 41-46
Be it resolved by the City Coun-
cil of the City of Dubuque, Iowa,
that it is deemed advisable to sell
the:
Lot 2 of Sub. 24 and 25 Benson
and Stewaa~t's Sub. Lot 2 of 1
of 24 and 25 Bonson and Ste-
Special Session, Aori126th, 1946 95
wart's Sub, in the City of Du-
bugne, Iowa.
to R. F. Trapp for the sum of
$675.00 and to execute a Quit
Claim Deed of said premises to
said grantee and deliver the same`
to said grantee upon payment of
the purchase price.
Be it further resolved that the
Mayor and Clerk of the City of
Buhuque be, and they are hereby
authorized to execute said Quit
Claim Deea on behalf of the City
of Dubuque and to affix thereto
the official seal of the said City.
Passed, adopted and approved
this 26th day of April, 1946.
ALBERT WHARTON
i4Iayor
FRANK VAN DUELMAN
F. W. THOMPSON
GEO. R. MURPHY
W. W. MOFFATT
Councilmen
Attest. .I. J. SHEA
City Clerk
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 17, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
I herewith submit the reports
of tha City Auditor, City Treas-
urer, City Waterworks, and City
Health Department, also a list of
claims and list of payrolls for
which warrants were drawn dur-
ing the month of March, 1946.
Respectfully submitted,
A. A. RHO-ZBERG
City Manager
Councilman -lurphy moved that
the reports be received and placed
on file. Seconded by Councilman
Van Duelman. Carried by the
1b11owing~ vote:
Yeas--Mayor Whaa•ton, Council-
men iVIoffatt, Murphy, Thompson,
Van Duelman.
Nays-None.
April 26, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen:
On February 11th sealed bids
were received for the ftumishing of
one 100 foot metal aerial ladder
tractor type truck as per prepared
specifirations. The two bids re-
ceived were referred to the Coun•
cfl for consideration.
The attached letter of April 20th
from the American-LaFrance-Foa-
mite Corp. withdrawing the price
of $21,490.91 far a 12 cyl. 240 h.p.
100 foot aerial ladder tractor
type truck states the reason for
such withdrawal is because of ris-~
mg cost paces.
It is our recommendation that
the bid of tha Seagz~ave Corpora-
tion for one 12 cyl. 240 h.p. motor,
100 foot. aerial ladder tractor type
truck for the sum of $21,810.00
less 2% fm' cash be accepted and
a contrast entered into providing
for stick purchase.
Respectfully submitted,
A. A. RHOMBERG
City 112anager
PERRY KIRCH
Chief Fire Dept.
Councilman Murphy moved that
rile recommendation of City Mana-
ger Rhomherg and Fire Chief
Kirch bo approved. Seconded by
Councilman Thompsmt. Catz~ied
by the following vote:
'Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
''an Duelman.
Nays-Noce.
Resolution No. 42-46
Whereas, The City of Dubuque,
pursuant to an advertisement far
bids on the fiumishing of fire ap-
paratus, did on the 11th day of
February, 1946, at ten o'clock a.m.,
at the City Clerli s office in the
City Hall, Dubuque, Iowa, receive
kids for the furnishing of one 100
foot metal aerial ladder tractor
type truck which said bids were
taken under advisement by the
City Comtcii; and
Whereas, The proposals have
been compared and examined and
this Council has determined that
l:he most favorable proposal re-
ceived was submitted by the Sea-
grave Corporation of Columbus,
Ohio; Now, Therefore, Be It
Resolved, By the City Council of
i.he City of Dubuque, Iowa:
That the contract for the furn-
ishing of mie 100 foot metal aerial
ladder tractm• type truck ih the
amount, of $21,810.00 less 2% cash
discount, be awarded to the Sea-
g r o v e Corporation, Colwnbus.
Ohio, and that the contract hereto
attached is approved and made a
part hereof; and the Mayor and
96 Special Session, April 26th, 1946
Clerk be, and they are hereby
authorized and directed to execute
the same mr behalf of the City
of Dubuque, Iowa; Be it Further
Resolved, That this resolution
being deemed urg'eut and of im-
mediate necessity, become effec-
tive from and after its final pas-
sage and adoption by the City
Council.
Approved and placed on file
for public inspection for one week
on April 26, 1946.
Councilman Vau Duelruan moved
that the resolution Abe approved
and placed on file, together with
the form of contract, for at Toast
one week, before final adoption.
Seconded by Councilman Murphy.
Carried by the following- vote:
Yeas-Mayor Wharton, Council-
man Moffat, Murphy, Thompson,
Van Duelman.
Nays-Noce.
April 26. 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa.
Gentlemen: -
This is to advise that the term
of Thomas 'J. Hill as a member
of the Folice and Fire Pension
Board expired April 1, 1946. It
is necessary that appointment, be
made far this position for a term
expiring- April 1, 1950.
P~espectfully submitaed,
A. A. RHOMBERG
City Manager
Councilman 11'Ioffatt moved that
Mr. Thos. S. Hill be re-appointed
as a member of the Police and
fire Fension Board for a term
of four yearn, said term expiring
April 1st, 1950. Seconded by
Councilman -4urphy. Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays--None.
Dubuque, Iowa
April 26, 1946
To the Honorable Mayor and
City CouucIl, Dubuque, Iowa.
Gentlemen:
As suggested iu your action of
April 15, 1946, the Planning and
Toning Cormission gave further
consideration to the petition of
f. E. Lillig, et al., aslting for re-
zoning of certain property on the
v~esterly side of Alta Vista Street
north of Loral Boulevard.
Frevious recommendation i s
Hereby rescinded and the Planning
and Zoning Commisfon respect-
fu11y recommends to the City
Council io oxtend the present ttvo-
family residence district -to include
the following area:
Beginning at a point in the
center lute of Loral Boulevard,
one hundred and thirty-five feet
easterly of the center lines of
of Loral Boulevard and Alta
Vista Street; thence westerly
on the center line of Loral
Boulevard to the uitersectioms of
the Center line of Loral Boule-
vard and the Center line of the
alley first westerly of Alta
Vista Street; thence northerly
` along the center lime of the alley
first westerly of Alta Vista
Street to the intersection of the
center line of Vernon Street;
thence easterly along the center
line of Vernon Street and
the center line of Vernon Street
extended to a point one hun-
dred and thirty-five feet easterly
of the center line of Alta Vista
Street; same point of begvmiug
and point of ending connecting
to the -present two-family resi-
dence district.
Yours truly,
THE DU13U~UE
PLANNING AND
ZONING COMMISSION
R. V. -4cI~AY
Secretary
Councilman Murphy moved that
the reeornmendation of the Plan-
ning and Zoning Commission be
approved and the City Solicitor
requested to prepare the proper
proceedin-gs. Seconded by Coun-
cilman Moffatt. Carried ly the
following vote:
Yeas-Mayor Wharton, Conncil-
~uen Moffatt, Murphy, Thompson,
Van Duelman. "
Nays-Norte.
Dubuque, Iowa
April 26, 1946
To the Honorable Mayor and
City Council, Dubuque, Iowa
Gentlemen:
The Platuting and Zoning Com-
mission respectfully recommend
to City Council the re-zoning to
Local Business District Classifica-
tion of the present trvo-family area
compnising-
Lots 53 and 54, McDaniel's Park
Hill Addition on Muscatine
StreeC; and
Lots 73 and 74, McDaniel's Park
Special Session,llpril 26th, 1946 97
Hill Addition an Burlington and supervision of the Building
Street. Inspector and City Manager, and
This will include the lot men- under any rules and regulations
boned in the attached petition they may prescribe.
of Mrs. Catherine Lynch, and Sec, 3. That the right to place
therefore be equivalent to grant- and maintain said lumber sited and
ing her petitfmt. However, the wires as aforesaid shall be sub-
' Planning and Zoning Commission ject to the continuous control of
agreed that a Local Business Dis- the City Council, reserving the
trio is needed as thus section oP sight to said City Council Ito im-
the city builds up, and expanded
pose restrictions and conditions
the area to somewhat larger di- upon the. enjoyment thereof as
ntensious. may he reasonably necessary for
Yours truly, the protection of the public in-
THE DUBUQUE terests, including the right to re-
PLANNING AND Woke and rescind the grant hereby
ZONING COM1lIISSION trade, if at any time the public
R. V. McI~1Y interests should so require.
Secretary
Councilman Vau Duelman moved Sec. 4. As a further eonsidera-
that the recommendation of the tiou of the rights and privileges
Planning and Zoning Connnission herein granted, said Carr, Adorns
be approved and the City Solicitcr ~ Collier Cmnpany, its successors
requested to prepare the proper and assigns, assutue any liability
proceedings. Secoucled by Couu~ for damages to persons or pro-
cilman Thompson. Catu'ied by the Petty er~luch may result from tho
following vote: construction and-or maintenance
Yeas--ltlayor Wharton, Council- of said lumber shed and wires
men Moffatt, Murphy, Thompson, as aforesaid, and said Carr, Adams
Van Duelman, & Collier Company, its successors
Nays--None. acid assigns, at its otivu expense
agrees todefend any and all
Resolution No. 43-46~ claims or actions which may be
Whereas, Carr, Adams ~ Coi- made or brought a-gaiust the City
Tier Company filed with the City because of the construction and-or
Council a Petition requesting per- maintenance of said lumber shed
thfssion to use not to exceed lr/2 and wires as aforesaid a.nd should
feet in width of both East Elev- the City be r°egnired to pay any.
enth and East Twelfth SCreets sum as damages, said Carr, Adams
extending for approximately 100 & Collier Cmnpany, its successors
feet east from Cedar Street and attd aligns, agree to fully reim-
permission to dross Cedar Street burro the City therefor and to hold
rtith light and sprinlder alarm said City harmless from guy dama-
wires. gel.
And, Whereas, the City Cottncil
has viewed the grotmd and is of Sec. 5. Should the rights and
the opinimi that the request should privileges herein granted be re-
be granted. Now, Therefore, scinded or revoked, said Carr,
Be it P~esolved by the City Coun- - Adams ~ Collier Company, its
oil of the City of Dubuque: successors and assigns, at its own
Sec. 1. That the Carr, Adams expense and upon receipt of notice
& Collier Company, its successors by registered mail, agrees, within
and assigns, he, and it is hereby 30 daps after receipt of such
granted the right and permission notice, to remove the lumber shed
•= to have part of a himber shed to a.nd wires as aforesaid and herein
be erected by it rest upon each authorized and to restore the
East Eleventh Street -and East street iu as good condition as it
Twelfth Street riot to exceed 1~/z was he8ore said construction.
feet in width and approximately Sec. 6. Tlu~s stall ~becorne ef-
100 feet east front Cedar Street, fective and the rights hereunder
and the right and permission to shall accrue bo Carr, A~dants ~
cross Cedar Street with light and Collier Company, its successors
[.prinkler alarm wires to said Turn- and assigns, when this Resolution
her shed. has been passed by the City Coun-
Sec. 2. That such construction cif and accepted by said Carr,
is to be done under the direction Adams & Collier Company, which
.,.~
';
~R
M
°'j
'._°
,SI
r
;'.j
?~
i
,,
=a
s` I
1
` i
i
'~
i
ri
'j
°:a
~7
98 Special Session, Apri126th, 1946
Acceptance shall be endorsed
hereon.
Passed, approved and adopted
this 26th day of April, 1946.
AIT3ERT WHARTON
Mayor
GEO. R. MURPHY
FPCANK VAN DL`ELMAN
F. R. THOI2PSON
W. W. MOFFATT
Councilmen
Attest: J. J. SHEA
City Clerk
Accoptance of Resolution
N o. 43-46
Carr, Adams & Collier Company,
ltaviug full knowledge and under-
standing of all the terms and con-
ditions of Resolution No. 43-46,
hereby acepts the same as adapted
and agrees to comply 5vith all
the terms and conditions thereof.
Si~g~ned this 3 day oY May, 1946.
CARR, aDAN4S & COLLIER
COMPANY
J. C. COLLIER
President
Councilman Van Duelman moved
the adoption of the resolution.
Seconded by Councilman Thomp-
son. Carried by the following vote:
Yeas--Ia;;or tVharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Nays-Nave.
Resolution Nc. 44-46
Whereas, the Plarming and Zon-
ing Commission recommended to
the City Council the extension of
the present "Multiple Family Resi•
dente District" to include all the
property within the following
area, which is now iu "Two Family
Residence District" classifications.
Beginning at a paint at the
intersections of the center lines
of Wilson Avenue and West
Fifth Street; thence northerly
along the center line of Wilson
Avenue to a point in line with
the rear of the lots fronting in
the northerly side of West Fifth
Street; thence tives~terly along
the rear line of the lots front-
ing' on the northerly side of
West Fifth Street to the center
lute of Paulina- Street extended;
thence southerly along the cen-
ter line of Paulina Street and
the center lice ~of Paulina Street
extended southerly to the eeu-.
ter line of West Third Street;
thence easterly along the cen•
ter line of West Third Street to
the center line of Winona Street,
Same point of beginning and
point of ending connect to the
present multiple family resi-
dence district.
Ancl, Whereas, befm•e the Zon-
urg~ Map and Zoning Ordinance of
the City may be changed it is
necessary that a public heaa•ing
be held,
And, Whereas, the City Council
deems it advisable to hold such
public hearing. Now, Therefore
Be it Resolved by the City Council
of the City of Dubuque;
That there should be a public
bearing on the question of the
extension of the present "MuRi-
ple Family Residence District" to
include all the property within the
following area which is how in
"Two Family Residence District"
classification:
Beginning at a point at the in-
tersections of the center lines
of Wilson Avenue and West Fifth
Street; thence northerly along
the center line of Wilson Avenue
to a point iu line with the rear
of the lots fronting in the north-
erly side of West Fifth Street;
thence westerly along the rear
line of the lots fronting mi the
northerly side of West Fifth
Street to the center line of
Paulina Street extended; thence
southerly along the center line
oY Paulina Street and the cen•
ker line of Paulina Street ex-
tended southerly to the center
line of West Third Street; thence
leasterly xalong the center line
of West Third Street to the cen-
ter line of Winona Street. Same
point of beginning and point of
ending connect to the present
multiple family residence dis-
trict.
That the time and place for the
said public hearing be, and the
same is hereby fixed for 7:30 0,-
clock P.M., the 17th day of May,
1946, in the City Council Cham-
ber, ~ City Hall, Dubuque, Iowa;
that the City Clerk be, and
he is hereby directed to cause to
be published in the Telegraph-
Herald in the City of Dubuque,
Notice of such hearing, t h e
same to be published s o a s
to leave at least 15 clays between
the day of such publication and the
day fi~;ed far said hearing, said
notice shall contain, among' others,
the provision'that any and all par-
ties in interest and any and all citi-
Special Session, April 26th, 1946 99
zees shall have an opportunity to
be heard,
Passed, adapted and approved
this 26th day of April, 1946.
ALBERT WHARTON
Mayor
FRANK VAN DUELMAN
GEO. R. MURPHY
F. W, THOMPSON
W. W. MOFFATT
Courrcihnen
Attest: J. J. SHEA.
City Clerlt
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following' vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman.
Naps-None.
Resolution No. 45-46
Whereas, the Planningand Zon-
ing Cotmmission reconmrended to
the City Council the extension of
the present "Multiple Family Resi-
dence area which is now in "Two
Family Residence District" classi-
fication:
Beginning at a point in the cen-
ter line of West Fifth Street at ap-
proximately one hundred feet east-
erly of the easterly line of Delhi
Street; thence southerly along the
center line of Colieg~e Street to the
center lice of Allison Place; thence
westerly along the center line of Al•
lison Place to a point where the
center line of Allison Place extend-
ed would intersect the westerly line
of Allison Place due to angle in Al-
lison Place; thence southerly along
the easterly line of Lot 1 of Finley
Home Addition to the south east
corner of lot one Finley Home Addi-
tion; thence westerly along the
southerly line of lot one of Finley
Home Addition three hundred and
eighty five feet to the south west
corner of lot one Finley Home Addi-
tion; thence northerly along the
westerly Line ofi lot one Finley
Honie Addition to approximately
one hundred feet southerly of Delhi
Street.
Same point of beginning and point
of ending connect with the pres-
ent "Multiple Family Residence
District".
And, Whereas, before the Zoning'
Map and the Zoning Ordinance of
the City may he changed it is
necessary that a public hearing be
held,
And, Whereas, the City Council
deems it advisable to hold such
public hearing. Now, therefore,
Be it Resolved By The City Coun-
cil OY The City Of Dubuque:
That there should be a public
hearing on the question of the ex-
tension of the present "Multiple
Family Residence District" to in-
clude all the property within the
following area which is now in
"Two Faanfly Residence District"
C1a3Slflcatlall:
Beginning at a point in the cen•
ter line of West Fifth Stree± at ap-
proximately one hundred feet east-
erly of the easterly line of Delhi
Street, thence southerly almig the
center line of College street to
the center lice of Allison Place;
thence westerly along the center
lice of Allison place to a point
where the center line of Allison
Place extended would intersect the
westerly lice of Allison Place due
to angle iu Allison Place; thence
southerly along the easterly line
of lot one o£ Finley Home Addi-
tion to the south east corner of
lot one Finley Honre Addition;
thence westerly along the southerly
line of lot one of Finley Home Addi-
tion three hundred and eighty-five
feet to the south west cm'ner of
lot one Finley Hame Addition;
thence northerly along' the west-
erly line of lot one Finley Horne
Addition to alproximately one hun-
dred feet southerly of Delhi Street.
Same point of begumiug and
point of ending connect to the pres•
ent "Multiple Family. Residence
District."
T9tat the .time and place for the
said public '.bearing be artd the
saaue is hereby fixed for 7:30
o'clock P.M., the 17th da,y of May
1946, iu the City Council Chamber,
City Hall, Dubuque, Iowa; that the
City Clerk be, and he is hereby
directed to cause to be published
in the Telegraph Herald in the
City of Dubuque, notice of such
hearing, the same to be so pub-'
lished so as to leave at ]east 15
days between the day of such pub-
lication and the day fixed for said
hearing, said notice shall contain;
among others, the provision that
any and all parties in interest and
any and all citizens shall have an
opportunity to be heard.
Passed, adoptod and approved
this 26th day of April, 1946.
~,i
'i
.I
Ii
rl
`;i
_.~
's
;;:I
=1
';';1
sa
;':7
i'',j
';I
'1
i
I
=5
'1
"`,`~
"I
,.
:.: i
,,
ii
_i
1
`i
100 Special Session, April 26th, 1946
ALBERT WHARTON
Itiayor
~I+'RANI4 VAN DUELMAN
F. ZV. THOtIIPSON
GEO. R. MURPHY
~'<~. W. 1140FFATT
Councilmen
Attest: J. J, SHEA
City Cleric
Councilman Murphy moved the
adoption of the resolution, Sec-
onded by Cotmefhuan Moffatt. Car-
ried by the following vote:
Peas-Mayor Wharton, Council-
men Moffatt, :l4urphy, Thompson,
Van Duelman.
Nays-None.
Resolution No. 46-46
Whereas, the Planning and Zon-
ing Commission recommendefl to
the City Council the rescuing to
"Multiple FamIly Residence Dis-
trict" classifications all the area
within the following boundaries,
except such areas as are not now
zoned to a lessor classification.
Beginning at the iutersectimr of
the center lines of Loras Blvd,
and BlufF Street; thence norther-
ly along the center line of Bluff
Street to the intersectiou of the
center lines of Bluff Street and
West Locust Street; thence north
westerly along tiie center lhie of
West Locust Street to the in-
tersections of the center lines of
West Locust Street and West
Seventeenth Street; thence east-
erly along the center lice of West
Seventeenth Street to the inter-
sections of the center lines of
West Seventeenth Street and
Main Street; thence northerly
along' the center line of Main
Street to the intersection of
the center lines of Maiu Street
and Madison Streets; thence
northerly along the center line of
Madison Street to the inter-
section of the center lines of
14adison Street and Seminary
Street; thence westerly along the
center line of Seminary Street to
the intersection of the center
lines of Seminary Street and
Hogdou Street; thence south
along the center line of Hogclon
Street and the center line of FJob
dmt Street extended to the iuter-
sectians of the center lines of
Hogdou Street extended anQ the
center Line of Cox Street; l,hence
southeasterly along the center
line of Cox Street to the inter-
section of the center lines of Cox
Street and Loras Boulevard;
thence easterly along the ceuter-
liue of Loras Boulevard to the
intersection of the center lines of
Loras Boulevard and Bluff Street
which is the point of beginning
and the point of ending.
And, Whereas, before the Zoning
Map and the Zoning Ordisahce of
the City may he changed it is nec-
essary that a public hearing be
held, and, -
Whereas, the City Council Seems
tilt advisable to hold such public
hearing.
Now, Therefore:
Be It Resolved by the City Cormcil
of the City of Dubuque:
That there should be a public
hearing on the question of rezoning
to "Multiple Family Residence Dis-
Crict" classification all the area
within thefollowiug boundaries, es-
cept Bach areas as are not now
zoned to a lessor classificatiart:
Eeg~inning at the intersection of
the center lines of Loras Boule-
vard and Bluff Street; theuce~
northerly along the center Line of
Bluff Street to the intersection of
the center lines of Bluff Street
and West Locust Street;thence
northwesterly aloug~ the center
line of West Locust Street to the
intersections of the center lines
oY West Locust Street and West
Seventeenth Street; thence east-
erly along the center line of West
Seventeenth Street to the inter-
sectimis oP the center lines of
West Seventeenth Street and
Main Street; thence northerly
a'long' the center line of Maiu
Street to the intersection of the
center lines of Main Street and
Madison Streets; thence trorther-
ly along the center line of Madi-
son Street to the intersection of
the center lines of Madismi
Street and Seminary Street;
thence westerly along the center
line of Seminary Street to the
intersection oP the center lines of
Seminary Sh°eet and Hogdou
Street; thence south along the
center lint of Hog'don Street
and the center line of Hogdou
Street extended to the intersec-
tions of the center lines of
Hogdott Street extended and
the center line of Cox Street;:
thence southeasterly along the
center line of Cos Street to the
Special Sessiotl, April 26th, 1946 1Q1
intersectiou of the center lines oP
Cox Street and Loras Boulevard;
thence easterly along the center
line of Loras Boulevard to the
intersection of the center lines of
Loras Boulevard and Bluff-Street
which is the point of beg'inuing
and the point of ending,
That the time and place for the
said public hearing be and the same
is hereby fixed Eor 7:30 o'c'lock P.
M., the 17th day of May, 194G, in
the City Cowtcil Chamber, C'.ty
Hall, Dubuque, Iowa; that the City
Clerk he, and he is hereby directed
to cause to be published in the
Telegraph-Herald in the City of Du-
buque, notice of such hearing, the
same to be so published so as to
leave at least 15 days hetweeu the
day of such publication and the
day fixed for said hearing', said no-
tice shall contain, among others,
the provision that any and all par-
ties iu interest and any and all
citizens shall have au opportunity
to be heard.
Passed, adapted and approved
this 26th day of Apri1,1946.
ALBERT WHARTON,
Mayor.
'FRANI{ VAN DUEL-4AN,
F. W. THOMPSON,
GEO. R. MURPHY,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk,
Councilman Thompson moved the
adoption of the resolution. Sec-
onded b9 Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Van Duelman, Wharton.
Nays-Notte.
Resolution No. 47-46.
Whereas, the trunk lines of the
storm sewer system of the City of
Dubuque are htadequate and there
is need for storm relief sewers to
correct this condition in the interest
of safeguardntg• public health and
sanitation and in preventing damage
to property; and
Whereas, a determination of the
proper remedies to be applied re-
quires acomprehensive plan for a
system of storm relief sewers; and
Whereas, the Federal Govern-
ment has funds available for plan-
ning which may he advanced to
non-federal public agencies to make
advance provision for the construc-
tion of public works under an agree-
ment providing for the repayment
of the interest-free advance, if and
when the construction so planned is
undertaken; Now, Therefore,
Be It Resolved by the City Coun-
cil of the City of Dubuque, Iowa that
the City Manager be and he is here-
by authorized and directed to enter
into an agreement with the Bureau
of Commm~ity Facilities of the Fed-
eral Works Ag'eucy providing': 1.
For an advance of $32,200,00 tothe
City of Dubuque for the advance
planning of a system of storm relief
sewers; 2. Offering to completo
such plan preparation; 3. Agree-
ing to repay such advance when re-
quired in accordance with the regu-
lations of the Bureau dated Jatru-
ary 3, 1946.
Passed, adopted and approved this
26th day of April, 1946.
ALBERT ~VHARTON.
Mayor
F. W. THOMPSON
PRANK VAN DUELMAN,
GEO. R, MURPHY,
W. W. 11'IOFFATT,
Councilmen
Attest: J, J. Shea.
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Moffatt, Carried by
the following vote:
Yeas-Mayor Wharton, Council-
men Moffatt, Murphy, Thompson,
Vau Dnehnan.
Nays-Noce.
Resolution No. 48-46
Whereas, Heretofore application
for Class "B"'Beer Permit Mas 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 Man-
ager be and he is hereby directed to
issue to the following named appli-
cant aBeer Permit.
Class "B" Permit
Name ~ Address
Richard P. Waller 435 Central
Avenue.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.