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1947 February Council ProceedingsRegular Session, rebruary 3rd, 1947 i7 of more men on the police depart- ® ment. City Manager Rhomberg and City Solicitor Kintzinger fully set out the position of the City and the (Official). State Laws covering the various Regular Session, 'February 3rd, problems as presented and dis- 1947, cussed by the different speakers. Council met at 7:30 P.M. Notice of Claim of Ernest Hafer- Present-Mayor Wharton, Coun- becker in the amount of $10,000.00 cilmen Moffatt, Murphy, Thompson, for injuries sustained in falling Van Duelman, City Manager Rhom- into an open and unguarded cellar- betg. way in close proximity to the side- walk on the west side of Rock Mayor Wharton stated that this Street at a point approximately 15 is the regular monthly meeting of feet north of the north curb of Uni- the City Council for the purpose of versity Avenue, presented and read. acting upon such business as may Councilman Van Duelman moved properly come before the meeting. that the Notice of Claim be teferred Councilman Thompson moved to the City. Solicitor far imvestiga- that the rules be suspended for the tion and report. Seconded by Coun- purpose of allowing any one pres- Gilman Moffatt, Carried by the fol- ent in the Council Chamber, who lowing vote: .wishes to do so, to address the yeas-Mayor Wharton, Council- Council. Seconded by Councilman men Moffatt, Murphy, Thompson, Moffatt. Carried by the following Van Duelman. vote. Nays-None. Yeas-Mayor Wharton, Gouneil• men Moffatt, Murphy, Thompson, Notice of Claim of Clara L. Van Duelman. Knapp in the amount of $1,000.00 Nays-None, fot• injuries sustained in falling on the ice covered sidewalk and alley Mr. Nick Grommersch addressed. between Dodge and Curtis Streets the Council stating that he~ is in on the east side, of Booth Street, favor of having the bus service ex- presented and read. Councilman tended on Park Hill District and Moffatt moved that the Notice of requested that a street be estab• Claim be referred to the City Solici- lished connecting Park Hill Dis- trict with Kaufmann Avenue. Coun• for for investigation and report. Gilman Thompson moved that the Seconded by Councilman Murphy. verbal request of Mr. Nick Grom- Carried by the. following vote: mersch be referred to the City Yeas-Mayor Wharton, Council- Council to view the grounds. Sec- men Moffatt, Murphy, Thompson, onded by Councilman Moffatt. Car- Van Duelman. Tied by the following vote: Nays-None. Yeas-Mayor Wharton, Council- Communication o f O'Cortinor, men Moffatt, Murphy, Thompson, Thomas & O'Connor, By F, A, 0'• Van Duelman. Connor, asking that the City Coun- Nays-None, Gil take favorable action at the Messrs C. E, Rhodes representing earliest possible date on the peti- the Dubuque Automobile Club, tion of St: Clara College requesting Thomas Nelson representing the the opening of Platt Street near Veterans of Foreign Wars, A. A. Mercy Hospital, presented and read, Meyer and E. F. Lusch represent- Councilman Murphy moved that ing the Dubuque Safety Council, the communication be received and B. A, Ruegnitz representing the filed, Seconded by Councilman Van Safety Patrol, A. G. Sommerfeld, Duelman. Carried by the following John A. Cunningham, Henry Cun- vote: uingham, and Dave Hartig ad- Yeas-Mayor Wharton, Council- dressed the Council and discussed men Moffatt, Murphy, Thompson, the parking problem, the installa- Van Duelman. tion of parking meters and the use Nays-None. of the money derived from the Communication of the Dubuque parking meters, the providing of Junim• Chamber of Commerce ad- free parking lots and the addition vising that they are in favor of the ,{ r • "` " _ I I F -~ 18 Regular Session, ~`ebruary 3rd, 1947 movement for a new City-County Court House and offices, presented and read. Councilman Thompson moved that the communication be received and filed. Seconded by Councilman Murphy. Cori°ied by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Communication of D u b u q u e Chamber of Commerce advising that the Board of Directors have endorsed the proposal to provide a combination new City Hall and Court House, as also a jail, for the joint use of both the City and County, presented and read. Coun• cihnan Murphy moved that the com- munication be received and filed. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Petition of the Sonotone Corpora- tion advising that they propose to open a permanent office in Dubuque for the purpose of conducting their local sales and service and request- ing that the City Solicitor be in- structed to enter into an agreement, as provided for by Ordinance No. 4.33, whereby the interests of the City of Dubuque will be protected, presented and read. Councilman Mm'phy moved that the petition be referred to the City Solicitor. Sec- onded by Councilman Moffatt, Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehnan. Nays-None. Petition of the General Fitzhugh Lee Auxiliary of the United Span• ish War Veterans requesting per- missionfor the holding o£ a tag day on Saturday, April 26th, 1947, pre- sented and read. Councilman Vau Duelman moved that the request be granted. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of Charles J. and Julius J. Boyer requesting the rezoning of that part of O'Connm''s Subdivision that fronts on Southern Avenue in the 300 black from Two Family Residence District Classification to Local Business District Classifica- tion, presented and read. Council- man Thompson moved that the pe- tition be referred to the Planning and Zoning Commission for their recommendation and report. Sec- onded by Councilman Moffatt. Car- ried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Vau Duelman. Nays-None. Petition of Nick Grommersch re- questing the vacation of the alley first west of Muscatine Street from Putnam Street northerly to its end at the northeast corner of Lot 1 of Mineral Lot 346 and stating that in return for the conveyance of his proper share of the vacated part of the alley that he will deed a strip of land 15 Peet in width to the City for the extension of Sabula Street to Burlington Street, presented and read. Councilman Murphy moved that the petition be referred to tale Planning and Zoning Commission for their recommendation and re- p o r t. Seconded by Councilmah Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehnan. Nays-None. Petition of Henry Jansen request- ing arefund in the amount of $25.00 on his Cigarette Permit No. 166 as he has discontinued business, pre- sented and read, Councilman Mof- fatt moved that the request be granted and the City Auditor in- structed to draw a ware°ant in the amount of $25.00 in favor of Henry Jansen to cover the amount of re- fund granted on the unexpired por- tion of his Cigarette Permit No, 166. Seconded by Council Van Duel- man. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of Czizek and Czizek, By M. H, Czizek, requesting that there be no further delay in pro- ceedings with the construction of the sewer in front of the Albert Regular Session, F'ebruar~ 3rd; 1947 19 Dolan property located at 2924 Shims Street, presented and read: Councilman Van Duelman moved that the petition be referred to the City Council. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- man Moffatt, Murphy, Thompson, Van Duelman, Nays-None, Communication of Arthur C. Kauffmanu submitting offer in the amount of $200.00 for the purchase of Lot 1 of McCraney's 1st, Addi- tion and Lots 116, 117, 118 and 119 of Part of Ham's Addition, pre- se~ted and read. Councilman Mur- phy moved that the communication be referred to the City Council to view the grounds. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor tiVharton, Council• ' men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of Leo F. Bly requesting the rezoning of Lot 1 of Lot 1 of Lot 1 of Lot 3 of Mineral Lot 63 to Local Business District Classifica- tion, presented and read. Councilman Moffatt moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re• port. Seconded by Councilman Van Duelman. Carried by the follorvirig vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Petition of Mrs. Ida Murray et al, residents and property owners in the vicinity of Kaufmann Avenue, requesting the extension of bus ser- vice to this particular vicinity, pre• sented and read. Councilman M,'urphy moved that the petition be referred to the City Manager to confer with the officials of the Interstate Power Company. Seconded by Councilman Thompson. 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 December, 1946, presented and read. Councilman Van Duelman moved that the proof of publication be re- ceived and filed, Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council• men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Council Proceedings for the months of September and October, 1946, presented for approval, Councilman Van Duelman moved that the Council Proceedings for the months of September and Octo- ber, 1946, be approved as printed, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council• men Moffatt, Murphy; Thompson, Van Duelman. Nays-None, January 21, 1947. Honorable Mayor and Members of the City Council, Dubuque, Iowa. Gentlemen: In regard to the peti- tion of Catherine S. Lundbeck for suspension of 1946 taxes on Lot 11 of Cox's Addition to the City of Du- buque, Iowa, and petition of Mrs. Jennie Venn for suspension of 1946 taxes on Lot 326, East Dubuque Ad- dition, Irecommend that said peti- tions be approved and notice of such approval by the City Council be given #o the Board of Super- visors of Dubuque County. Yours truly, JOHN J. KINTZINGER. Councilman Murphy moved that the recommendation of City SoIicit- or Kintzinger be approved and the Board of Supervisors to be notified of the action of the City Council. Seconded by Councilman Moftatt. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duehnan. Nays-None. February 3, 1947. To the Honorable NGayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following pol- icy and desire to have your ap- proval on same for filing: TAXI-CAB Telephone Cab Company, 86 Maiu 20 Regular Session, February 3rd, 1947 Street; Policy Ne. 14 P 102482, American Casualty Co. Respectfully submitted, A. A, RHOMBERG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Thompson. Carried by the fallowing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. January 25, 1947, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The Planning a,nd Zoning Commission of the Gity of Dubuque respectfully recommends to your honm'able body the grant- ing of the attached petition of St. Clara College, Sinsinawa, Wis„ re- questing the extension of Ylatt Street easterly to meet Cardiff Street. Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V, McKay, Secy. Councilman Thompson moved that the reconmiendation of the Planning and Zoning Commission be approved and referred to the City Solicitor to prepare the proper proceedings. Seconded by Gonncil- man Van Duelman. Carried by the following vote: Yeas-Mayor Wharton, Council• men Moffatt, Murphy, Thompson, Van Duelman, Nays-None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to the at- tachedpetition of Mr. Carl Riley re- questing vacation of a part of Platt Street adjoining his property at the corner of James and Platt Street. The Planning and Zoning Commis- sion respectfully recommends de- nial of the petition, Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V, McKay, Secy. Councilman Moffatt moved that the recommendation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Wharton, Council• men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. January 25, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: Regarding the at• tached petition of J. Burroughs aek- ing for vacation of, the alley ad- joining Lots 37 to 41 of Rose Hill Addition, the Planning and Zoning Commfssion respectfully recom- mends granting the petition pro• vided the written consent of all abutting property owners is ob- tained and filed with the Planning and Zoning Commission, Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION. By Richard V. McKay, Secy, Councilman Murphy moved that the recomm~endation of the Plan- ning and Zoning Commission be ap- proved. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Dueinran. Nays-None, January 25,1947: To the Honorable Mayor aild City Council, Dubuque, Iowa. Gentlemen; Referring to petition of Herman Kolbe requesting vaca- tion of City property at the south- west corner of 32nd Street and Central Avenue the Planning and Zoning Commission respectfully recommends denial of the petition. To grant it might interfere with the widening of 32nd Street at some fu- ture date, The present street is 64 feet wide, while the Master Plan calls for an eventual width of 84 feet to meet requirements as traffic increases, Yours truly, THE DUBUQUE PLANNING AND ZONING COMMISSION, By Richard V. McKay, Secy. Councilman Van Duelman moved that the rocemmendation of the Planning and Zoning Commission be approved. Seconded by Council= man Murphy, Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Regular Session, February 3rd, 1947 21 February 3, 1947, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: We are attaching hereto application for Class "B" Beer Permit from William P. Col- lins to operate at 104fi Central Avenue. This is to advise that an inspec• tion has been made of this building by the Building, Plumbing an,d Electrical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found that this building does not comply with the State fire regulations in regard to fire es capes. Therefore an official order to construct and place a fire escape on this building has been served on Mrs. Margaret C. Hussmann, 1113 Vine Street, Waterloo, Iowa, owner of said building. A time limit of sixty (60) days has been given to complote this installatien. On January 11, 1947 an order was placed with Holl & Everly of Du- buque, Iowa, to construct a fire escape on this building; Very truly yours, DONALD J. BANDY, Building Inspector PERRY KIRCH, Fire Chief Councilman Van Duelman moved that the communication of the Building Inspector and Fire Chief be received and made a matter of record. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays- Noue. February 3, 1947 To the Honorable Mayor and City Council, Dubuque, Iowa Gentlemen: We are attaching hereto application for Class "G" Beer Permit from Frank J. Pusa- teri to operate at 1296 Central Avenue. This is to advise that an inspec- tion has keen made of this building by the Building, Plumbing and Electrical Inspectors, the Fire Chief and the Assistant State Fire Marshall, Mr. Luberden, and it was found thz.t this building does not comply with the State fire regula- tions iu regard to fire escapes. Therefore an official order to con- struct and place a fire escape on this building has been served neon Frank J. Pusateri. A time limit of sixty (60) days has been given to complote this installation, On January 22, 1947 an order was placed with E. J. Voggenthaler Company of Dubuque, Iowa, to con- struct afire escape on said build- ing. Very truly yours, DONALD 3, BANDY, Building Inspector PERRY KIRCH, Fire Chief Councilman Thompson moved that the communication of the Building Inspector and the Fire Chief be received and made a mat- ter of record. Seconded by Council- man Van Duelman. Carried by the following vote: Yeas-iVlayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman, Nays--None. Resolution No, 8.47 Whereas, the area bounded by West Third Street, Burch Street and Hill Street is partly in Multiple Resident District and partly in two family Residence District classi- fications. Whereas, the Planning and Zon- ing Commission Recommended to the City Council that the entire area bounded by West fihird Street, Burch Street and Hill Street, be changed to I1lultiple Residence Dis- trict Classification, and Whereas, befm•e the Zoning Map and Zoning Ordinance of the City may be changed it is necessary that. a public hearing he held, and Whereas, the City deems it ad- visable to hold such public hear- ing. Now, Therefore: Be It Resolved by the City Coun- cil of the City of Dubuque That there should be a public hearing or, the question of rezon- ing the entire area bounded by West Third Street, Burch Street and Hill Street to "Multiple Resi- dence .District Classification." That the time and place fm' said hearing be and th'e same is hereby fixed fur 7:30 p.m, the 24th day of February, 1947 in the City Council Chamber in the Cfty Hall, Dubuque, Iowa; that the City Clerk be, and he is hereby directed to cause to be published in the Telegraph-Her- aId in the City of Dubuque, notice 22 Regular Session, February 3rd, 1947 of such hearing, the same to be so adoption of the resolution. Secoud• published so as to leave at least ed by Councilman Van Duelman. 15 days lletween the day of such Carried uy the following vote: ublication and the day fixed for Yeas-iVIayor Wharton, Council- p said heat°iug, said notice shall con- men Moffatt, Murphy, Thompson, fain, among others, the provision Van Duelman. that any and all parties in interest Nays-None. and any and all citizens shall have Resolution No, 10.47 an opportunity to be heard. Whereas, applications for Beer Passed, adopted and approved Permits have been submitted to this Council for approval and the this 3rd rlay of February, 1947. same have been examined: Now ALBERT WHARTON, Mayor Therefore, fie It Resolved by the Council of FRANK VAN DUELMAN, the City of Dubuque that the follow- F, W. THOMPSON, ing applications be granted and the GEO. R. MURPHY, licenses are to be issued upon the W. W, MOFFATT, compliance with the terms of the Councilmen ordinances of this City. Attest: J. J. SHEA, Class "B" Permit City Clerk Name Address Councilman Vau Duelman moved Orville P. Murphy, 435 Central the adoption of the resolution, Sec- onded by Councilman Murphy. Car- Avenue. Louis Anthoine and AgneLta An- vied by the following vote: 119 West 6th Street. thoine Yeas-Mayor Wharton, Council- , Lawrence Schwartz, 500 Rhom- men Moffatt, Murphy, Thompson, berg Avenue. Van Duelman. Leo Winger, 653 Eighth Avenue. Nays-None. Dick Ferguson, 310 East 30th Resolution No. 9.47 Street, Be It Resolved by the City Coun- Fred H. Cooper and Leo V. Cun- cil of the City of Dubuque that the ningham, 250 West 6th Street. following, having complied with the Joseph Hillard and Bernice Hil- provision of law relating to the sale lard, 481 Rhomberg' Avenue. of cigarettes within the City of Du- yrilliam P. Collins, 1046 Central buque, be granted a permit to sell Avenue. cigarettes and cigarette papers Class "C" Permit within said City and the Manager Rhea Bournias, 2284 University is directed to issue such permit on Avenue. behalf of said City. William Keefe, 2700 Jackson Name Address Fred H. Cooper and Leo V. Cun- Street. Mrs, Milly Kane, 248 Southern ningham, 250 West 6th Street. ntral 35 C Avenue. Pusateri, 1296 Central Ft°ank J e Orville P. Murphy, 4 . Avenue. Lawrence Schwartz, 500 Rhom- Avenue. Passed, adopted and approved this 3rd day of Febt°uary, 1947, berg Avenue. Fraternal Order of Orioles, 1600 ALBERT WHARTON, Central Avenue. Be It Further Resolved that the Mayor FRANK VAN DUELMAN, bonds filed with the applications be F. W. THOMPSON, approved. GEO. R. MURPHY, Passed, adopted and approved IV. W. MOFFATT, this 3rd day of February, 1947. Councilmen ALBERT WHARTON, Attest: J. J. SHEA, Mayor City Clerk FRANK VAN DUELMAN, Councilman Moffatt moved the F. W. THOMPSON, adoption of the resolution. Second- GEO. R. MURPHY, ed by Councilman Murphy. Carried Vr, W. MOFFATT, by the fallowing vote; Councilmen Yeas---layor Wharton, Couneil- Attest:.I, J. SHEA, men &Ioffatt, Murphy, Thompson, City Clerk Van Duelman. Councilman 14urphy moved the Nays-None, Regular Session, February 3rd, 1947 23 Resolution No. 11-47 Whereas, heretofore applications for Beer Permits were filed by the within named applicants and they have received the approval of this Council; and Whereas, the premises to be occu- pied by such applicants have been inspected and found to comply with the ordinances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the Man- ager be and he is hereby directed to issue to the following named ap• plicants a Beer Pertnit: CLASS "B" PERMIT Name. Address. Harold Chatfield, 2093 Washinb ton Street. Orville P. Murphy, 435 Centa'al Avenue. Louis Anthoine and Agneila An- thoine, 119 West 0th Street. Lawrence Schwartz, 000 Rhom- berg Avenue, Leo Winger, 553 Eighth Avenue. Dick Ferguson, 310 East 30th Street. "Fred H. Cooper and Leo V. Cunningham, 260 West 6th Street. Joseph Hillard and Bernice Hill- ard, 431 Rhomberg Avenue. William P, Collins, 1046 Central Avenue. CLASS "C" PERMIT. Rhea Bournias, 2284 University Avenue. William ,Keefe, 2700 Jackson Street. Mrs. Milly Kane, 248 Southern Avenue. Frank J. Pusateri, 1296 Central Avenue, Be It Further Resolved that the bonds filed by such applicants be and the same are hereby approved, Passed, adopted and approved this 3rd day of February, 1947. ALBERT WHARTON, Mayor. FRANK VAN DUELMAN, F, W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Gounci_Imon, Attest: J. J. SHEA, City Clerk. Councilman Van Duelman moved the adoption of the resolution. Sec- onded by Councilman Moffatt. Car- ried by the folowing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Councilman Murphy moved that City Manager Rhomberg be in- structed to confer with the Aviation Committee of the Chamber of Conr coerce to the end that the City of Dubuque be provided with through Transcontinental Air Service and that the proper officials of the Civil Aeronautics Board be contacted iu furthering this project. Seconded by Councilman Vau Duelman. Car- ried by the fallowing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. There being no further business, Mayor Wharton moved io adjourn. Seconded by Councilnrau Thomp- son, Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ................................... 1947 Adopted ........................,..........., 1947 Councilmen: d .................................... Attest : ............................................ City Clerk. j ;I "'~ ,i "I °' ~ i -~ .;; 1 ~~ ,) :_.,-f 24 Special Session, February 24th, 1947 ®, ~1~i',~ ~~~!~)'~~iVJ!~ (Official) Special Session, February 24th, 1947. Council met at 7:30 P. M. P r e s e n t-Councilmen Moffatt, Murphy, Thompson, Van Duelman. Absent-Mayor Wharton, City Manager Rhomberg. Meeting called by order of Coun- cilmen Van Duelman and Thomp- son. Councilman Thompson move d that Councilman Moffatt be ap• pointed Mayor Piro Tem of the Council meeting. Seconded by Coun- cilman Murphy, Carried by the fol- lowing vote: Yeas-Councilmen Murphy , Thompson, Van Duelman. Nays-None, Absent-Mayor Wharton. Councilman Moffatt not voting. NPayor Pro Tem Moffatt read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of conducting a public hearing upon the question of rezoning the enure area bounded by West Third Street, Burch Street and Hill Street to Multiple Residence District Clas- sification and acting on any otter business as may properly come be• fore a regular meeting of the City Council. Proof of publication, certifted to by the publishers, of notice of a public hearing upon the question of rezoning the entire area bounded by West Third Street, Burch Street and Hill Street to Multiple Resi- dence District Classification, pre• seated and read. No written remon- strance filed and no objectors pres- ent 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 Murphy. Carried by the fol- lowing vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Ordinance No. 5.47 An Ordinance amending and changing the Zoning Map of the City of Dubuque as provided by Ordinance No, 3.34 designated "Zoning Ordinance of the City of Dubuque" so as to classify the en- tire area bounded by West Third Street, Burch Street and Hill Street into Multiple Residence District Classification, presented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordinance. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None, - Absent-Mayor Wharton. 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 Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public in- spection for at east one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by the following vote:. Yeas-Mayor Pro Tem Moffatt, Councilmen Mm•phy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Notice of Claim of Eldon B. Dig- man in the amount of $12.00 for damages to his car caused by a city grader while removing heavy chunks of packed snow from the street on Bluff Street between Sev- enth and Eighth Streets, preserved and read. Councilman Murphy moved that the Notice of Claim be referred to the City Solicitor for investigation and report. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Special Session; February 24th, 1947 2~ Communication of O'Connor, Thomas & O'Connor, by E. Mars- hall Tl~'omas, advising that they represent J. Edward Walbrun and that on behalf of Mr. Walbrun they are making claim against the City of Dubuque, Iowa, in the sum of $5,000.00 as a result of drinking water from a pipe, which was neg- ligently connected by employees of the City of Dubuque with a sewer main rather than a water main, while he was working on a new housing project off Lombard Street, presented and read. Councilman Murphy moved that the communic- tion be referred to the City Solici- tor for investigation and 'report, Seconded by Councilman Thomp• son. Carried by the following vote: Yeas-Mayor Pro- Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton. Communication of Anton Zwack, lac., by Anton Zwack, Pres., sub- mitting .offer in the amount of $200.00 for the purchase of Lot 34 in Taylor & Cooley's Subdivision, presented and read. Councilman Thompson moved that the com- munication be referred to the Coun- cil to view the grounds, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton, Petition of Mr, and Mrs. Carl Scheufele requesting that grades be established on Esther and Tres- sa Streets, presented and read. . Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Mm•phy, Thompson, Van Duelman. Nays-None. Absent-Maya Wharton. Petition of Horace L, Poole, re• questing that grades be established on Esther .and Tressa Streets, pre- . seated and read. Councflman Thompson moved that the petition be referred to the Council to view the grounds, Seconded by Council• man Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton. Petition of Cecelia Ellis et al re- questing the rezoning of the half block on the easterly side of Finley Street between Cherry Street and University Avenue from single fam- ily residence district classification to two family residence district classification, presented and read. Councilman Thompson moved that the petition be referred to the Planning and Zoning Commission for their recommendatien and re- port. Seconded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Moffat, Councilmen Murphy, Thompson, Van Duelman, Nays-None. Absent-Mayor Wharton, Petition of Mrs. Emery Cadden et al requesting the installation of a street light on the corner of West Fifth and Roberts Streets, present- ed and read. Councilman Murphy moved that the petition be referred to the Coun- cil to view the grounds. Seconded by Councilman Van Duelman. Car- ried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Petition of Fred H. Cooper and Chris Martin requesting a refund in the amount of $50.00 on their Class "B" Beer Permit No. 45, and also requesting a refund in the amount of $25.00 on their Cigarette Permit No. 167, as they have discontinued business on February 3, 1947, pre- sented and read. Councilman Van Duelman moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $50.00 in favor of Fred H. Cooper and Chris Martin to cover the amount of re- fund granted on the unexpired por- tion of their Class "B" Beer Per- mit No. 45, and also that the City 26 Special Session, February 24th, 1947 Auditor be instructed to draw a warrant in the amount of $25.00 in favor of Fred H. Cooper and Chris Martin to cover the amount of re- fund granted ou the unexpired por- tion of their Cigarette Permit No, 1G7. Seconded by Councilman Mur• phy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton, Petition of Richard Waller re- questing arefund in the amount of $25.00 on his Cigarette Permit No: 40 as he has discontinued business on February 3, 1947, 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 $25.00 iu favm• of Richard Waller to cover the amount of refund granted on the unexpired portion of his Cigar- ette Permit No. 40. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None. Absent-Mayor Wharton. Petition of Hubert Galle and Ar- thur J. Spahn requesting a refund in the amount of $25A0 on their Cigarette Permit No. 120 as they have discontinued business on Jan- uary 29, 1947, presented and read. Councilman Thompson moved that the request be granted and the City Auditor instructed to draw a warrant in the amount of $25.00 in favor of Hubert Galle and Arthur J. Spahn to cover the amount of re- fund granted on the unexpired por tion of their Cigarette Permit No. 120. Seconded by Councilman Mur- phy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton. Petition of Grey's Motor Service, by Vincent Kobida; requesting an extension of time until March 16, 1947, for the completion of the con- tract fm• the clearing, grubbing and grading of Wooten Street from Mc- Clain Street to the west line of James Street, presented and read. Councilman Murphy moved that. the petition be received and filed. Seconded by Councilman Van Duel- man. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. A RESOLUTION EXTENDING TIME TO CONTRACTOR. Resolution No. 12-47 Whereas, on the 23rd day of Jan- uary, A. D. 1947, a contract was made and entered into by and be- tween Vincent Kobida d/b/a Grey's Motor Service and the City of Du- buque, Iowa, whereby said Vincent Ifobida d/b/a Grey's Motor Service contracted and agreed to do the fol- lowing woi°k in said City, to-wit: To clear, grub and grade Wooten Street from McClain Street to the west line of James Street and Pea- body Street, and Whereas said contractor has been unable to complete said work by the 22nd day of February, A. D, 1947, the time fixed for such com- pletion by said contract; and Whereas it appears to this Coun- cil to be necessary to give said contractor additional time to com- plete said work: Now therefore, be it resolved by the City Council of the City of Du- buque, Iowa, that said Vincent Ko- bida d/b/a Grey's Motor Service, the above named contractor be and he is hereby granted until the 16th day of March, A. D, 1947, in which to complete said work, this exten- sion of time being conditioned that said contractor shall and will ad- here to said contract, and that said contractor shall within seven (7)' days from the date of passage of this resolution, accept in writing the terms and conditions hereof on his part. Passed, adopted and approved this 24th day of February, 1947. Approved: W. W. MOFFATT, Mayor Pro Tem. !FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, Councilmen, Attest: J, J. SHEA, City Clerk, Special Session; February 24th, 1947 27 Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Vau Duel- man. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Councilman Murphy moved that the rules be suspended for the pur- pose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Seconded by Councilman Thompson. Carried by the follow- ing vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None. Absent-Maym• Wharton, Petition of Marjorie G. Morrow and Hazel A, Schwartz requesting a refund in the amount of $25.00 on their Cigarette Permit 185 as they have discontinued business on February 9, 1947, 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 $25.00 in favor of Marjorie G, Morrow and Hazel A. Schwartz to cover the amount of refund granted on the unexpired portion of their Cigar- ette Permit No, 185. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton, Before the Civil Aeronautics Board in the Matter of the Applications of Automatic Airmail, Inc., Docket No. 415, for permanent certificates of public convenience and necessity under Section 401 of the Civil Aeronautics Act of 1938. Petition of City of Dubuque and the Dubuque Chamber of Commerce for leave to intervene in support of the proposal of Mid-Continent Airlines, Inc., in the rehearing, reargument, or ra consideration of the Board's find- ings in the North Central Case, pur- suant to Rule 4 (b) of Section 285.1, Rules of Practice under Title IV of the Civil Aeronautics Act. Councilman Murphy moved that Mayor Wharton be authorized to execute said petition on behalf of the City of Dubuque, Iowa. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilman Murphy, Thompson, Van Duelman. Nays-None, Absent-Mayor Wharton, Transmission Line Easement be- tween the City of Dubuque and the Interstate Power Company, a Dela- ware Corporation, granting said Corporation, its sucessors and as- signs, forever, the right, privilege and authority to construct, operate, maintain and remove lines for the transmission of electric energy, in- cluding necessary poles, wires, guys, stubs and other fixtures, over, across and upon real estate owned by the City of Dubuque and located in the County of Dubuque, State of Iowa, presented and read. Councilman Murphy moved that the Transmission Line Easement be referred to the City Manager and City Solicitor for their re~om- mendation and report. Seconded by Councilman Thomson. Carried by the following vote; Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman; Nays-None. Absent-Mayor Wharton. Petition of Earle J. Sowle, owner of Lots 99 to 106, inclusive, hr Mc• Daniel's Park Hill Addition, re- questing the vacation of that part of National Street which extends 120 feet into this Addition from Keokuk Street, presented and read, Councilman Van Duelman moved that the petition be referred to the Planning and Zoning Commission for their recommendation and re- port. Seconded by Councilman Mur phy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None, Absent-Mayor Wharton. Proof of publication, certified to by the publishers, of a statement of receipts and also a list of claims for which warrants were drawn dur- ing the month of January, 1947, pre- sented and read. ; - 't - ; 28 Special Session, February 24th, 197 Councilman Murphy moved that the proof of publication be received and filed. Seconded by Councilman Van Duelman. Carried by the fol- lowing vote: Yeas-Mayor Piro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Council Proceedings for the month of November, 1946, presented for approval. Councilman Van Duelman moved that the Council Proceedings for the month of November, 1946, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman, Nays-None. Absent-Mayor Wharton, Ordinance No. 6-47: An Ordi- nance providing for the vacation of part of Booth Street nor°th of Mar- tha Street next adjoining Lot 1 of 1, Lot 1 of 1 of 2 and Lot 1 of 2 of 2, Trenk's Sub., and for the convey- ance of parts of said street to the respective abutting owners, pre- sented and read. Councilman Van Duelman moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Mw'phy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-Nome. Absent-Mayor Wharton. Councilman Van Duelman moved that the rules be suspended requir- ing an ordinance to be -read on three separate days. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Councilman Van Duelman moved that the ordinance be placed on file with the City Clerk for public iil- spection for at least one week be- fore its final adoption. Seconded by Councilman Thompson. Carried by 'the following vote: Yeas-Mayor Pro _Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton, February 15, 1947. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: I herewith submit re- ports of the City Auditor, City Treasurer, City Health Department and City Water Department for the month of January, 1947, also list of claims and list of payrolls for which warrants were issued for the month of January, 1947. Respectfully submitted, A. A. RHOMBERG, City Manager. Councilman Thompson move d that the reports be received and placed on file, Seconded by Council- man Murphy, Carried by the follow ing vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Mr. Edgar Dykeman addressed the Council requesting permission to lease Lot 319, Ham's Addition, owned by the City of Dubuque, and located at-the corner of Hawthorne Street and Rhomberg Avenuo. Councilman Thompson move d that the verbal request of Mr. Dyke- man be referred to the Council to view the grounds. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None, Absent-Mayor Wharton, Resolution No. 13-117 Be It Resolved by the City Coun- cil of the City of Dubuque that the fallowing, having complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager is directed to issue such permit on behalf of said City. Name Address Frank Klein and Anna Klein, 600 Central Avenue. Russell Kissling, 1585 Delhi Street, Special Session, February 24th, 1947 29 Be It Further Resolved that the bonds filed with the applications be approved, Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MOFFATT, Councilmen.. Attest: J. J. SHEA, City Clerk. Councilman Thompson move d the adoption of the resolution. Sec- onded by Councilman Van Duelman. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Resolution No. 14-17 Whereas, application for Glass "C" Beer Permit has been sub- mitted to this Council for approval and the same has been examined; Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the fol- lowing application be granted and the license is to be issued upon the compliance with the terms of the or°dinances of this City: CLASS "C" PERMIT. Name Address Wm. H. Apel, 2616 Windsor Avenue. Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, GEO. R. MURPHY, F. W, THOMPSON, W. W, MOFFATT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pr'o Tem Moffatt, Councilmen Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Wharton. Resolution No, 15.47 has received the approval of this Council; and Whereas, the Premises to be oo• cupied by said applicant have been inspected and found to comply with the ordinances of this City and he has filed a proper bond; 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 ap- plicant aBeer Permit: CLASS "C" PERMIT, Name Address Wm. H. Apel, 2616 Windsor Avenue. Be It Further Resolved that the bond filed by said applicant be and the same is hereby approved: Passed, adopted and approved this 24th day of February, 1947. FRANK VAN DUELMAN, F. W. THOMPSON, GEO. R. MURPHY, W. W. MO'FFATT, Councilmen, Attest: J. J, SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Sec- onded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Pro Tem Moffatt, Councilmen .Murphy, Thompson, Van Duelman. Nays-None. Absent-Mayor Whartou. Mayor Wharton entered the Council Chamber and took the Mayor's chair at 8:30 P. M. Councilman Moffatt moved that in view of the report of the City Solicitor that the Statute does not provide for the City Council to regu- late time, no action will be taken by the City Council regarding Day- light Savings Time until such auth- m'ity is given tc the City by the Legislature, Seconded by Council• man Murphy. Carried by the fol- lowing vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. Whereas, heretofore applications There being no further business, for Class "C" Permit was filed by Councilman Van Duelman moved to the within named applicant and it adjourn, Seconded by Councilman _ _ __ 30 Special Session, February 24th, 1947 Moffatt, Carried by the following vote: Yeas-Mayor Wharton, Council- men Moffatt, Murphy, Thompson, Van Duelman. Nays-None. J. J. SHEA, City Clerk. Approved ................................1947. Adapted ...................................... 1947 Councilmen: ~ ..................................... Attest :................................................ City Clerk,