1941 June Council ProceedingsRegular Session, June 2nd, 1941.
X35
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(®fficial)
Regular Session, June 2nd, 1941.
Council met at 7:40 P. NI.
Present - Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Mayor Van Duelman stated that
this is the regular monthly meeting
of the City Council for the purpose of
acting upon such business as may
properly come before the meeting.
Councilman Murphy moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded 'by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Attorney John A. Cunningham ad-
dressed the Council requesting that
the application of the I,uxemberg Club
fora Class "B" beer permit for Pri-
vate Club be granted,
Mr. William Adam addressed the
Council requesting that a sanitary sew-
er be constructed in Kane Street.
Councilman Wharton moved that the
request be referred to the City Man-
- ager for investigation and report. Sec-
~ onded by Councilman Thompson. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Notice of Claim of John G. Kiebel
in the amount of $10.50 for injuries
sustained by his daughter in falling
into a storm sewer opening in 1;agle
Point Park presented and read. Conn-
- Gilman Murphy moved that the Notice
of Claim be referred to the City So-
licitor for investigation and report.
Seconded by Councilman Schueller.
Carried by the following vote: Yeas
-Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Original Notice of Suit of Anna
Cough, Plaintplff, in the amount of
$5,000.00 with interest and costs of
suit on account of personal injuries
and damages sustained in a fall on
Ardmore Place between West lleventh
Street and Wilbur Street and easterly
from I,ot 3 of the Subdivision of Out-
.. lot 687 presented and read. Council-
-- man Murphy moved that the Original
Notice of Suit be referred to the City
Solicitor. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of Franlc Kelly requesting
permission to erect and maintain a
sign in front of his filling station prop-
erty on Dodge Street presented and
read. Councilman Thompson moved
that the request be granted and the
work to be done under the supervision
of the Building Commissioner. Sec®
onded by Councilman Murphy. Carried
by the following vote: Yeas-Mayor
Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-None.
Petition of Mrs. Mary Faldorf stat-
ing that if Eleanor Street is to be ex-
tended then all improvements includ-
ing paving of the same should be made
by the owner directly benefitted before
the new plat is accepted by the City
Council presented and read. Coun-
cilman Thompson moved that the pe-
tition be referred to the Planning and
Zoning Commission. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of Cecelia Howe, referred
to the City Council by the Board of
Supervisors, requesting suspension of
the 1940 taxes on I,ot 17 of Yates Sub-
division presented and read. Council-
man Murphy moved that the petition
be referred to the City Solicitor for
investigation and report. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of Albert Domenig et al re-
questing that the block between John-
son Street and Kniest Street and Lin-
coln Avenue and the alley known as
Troy Street be rezoned from aTwo-
family residence District to a Multiple
District presented and read. Council-
man Wharton moved that the petition
be referred to the Planning and Zon-
ing Commission for their recommenda-
tion and report. Seconded by Coun-
cilman Murphy, Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of ~. K. Diehl & Co. Inc.
requesting the reopening of the Alley
running from Solon Street to Dodge
Street lying between Booth and Nevada
Streets presented and read. Council-
man Wharton moved that the petition
be referred to the Council to view the
grounds. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, Nays-None.
136 Regular Session, June 2nd, 1941.
Petition of Reynolds McKeown et al
requesting the construction of a sani-
tary sewer on English bane from Nlt.
1,oretta Avenue to Southern Avenue
presented and read. Councilman Mur-
phy moved that the petition be referred
to the Council to view the grounds.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas
-Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Proofs of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which warrants were drawn during
the month of April, 1941, presented
and read. Councilman Schueller mov-
ed that the proofs of publication be
received and filed. Seconded by Coun-
cilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Council Proceedings for the month
of Nlarch, 1941, presented for approval.
Councilman Thompson moved that the
Council Proceedings for the month of
March, 1941, be approved as printed.
Seconded by Councilman Wharton.
Carried by the following vote: Yeas
-Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Proof of publication, certified to by
the publishers, of a notice of a public
hearing to be held upon a proposal to
amend and change the Zoning Map
as the same applies to the following
described area, presented and read: By
changing from "Tvvo-Family Residence
District" to "Multiple Residence Dis-
trict" the following area: Beginning at
a point 100' westerly of the westerly
side of Broadway and 100' southerly of
the southerly side of King Street,
thence easterly to the center line of
Broadway Street, thence northerly and
~~esterly along the center line of Broad-
way to the extension of a line 100'
northerly of the northerly side of Dia-
mond Street, thence easterly along said
line to a point 100' westerly of the
westerly side of Central Avenue, thence
southerly along a line 100' westerly of
the westerly side of Central Avenue
to a point 100' southerly of the souther-
ly side of West 24th Street, thence
westerly along a line 100' southerly of
the southerly side of West 24th Street
to the extension of a line 100' westerly
of the westerly side of Broadway
Street, thence northerly along said line
to the point of beginning in the City
of Dubuque, Iowa. No written objec-
tions filed and no objectors present in
the Council Chamber. Councilman
Thompson moved that the proof of
publication be received and filed. Sec-
onded by Councilman Wharton. Car-
ried by the following vote: Yeas-
Nfayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Ordinance No. 14-41, An Ordinance
Amending and Changing the Zoning
Dlap of the City of Dubuque as pro-
vided by Ordinance No. 3-34 designated
"Zoning Ordinance of the City of Du-
buque,' so as to change to 'Multiple
Residence District," certain defined ter-
ritory nosy delimited as "Two-Family
Residence District," and declaring an
emergency, presented and read. Coun-
cilman Thompson moved that the read-
ing just had be considered the first
reading of the ordinance. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Thompson moved that the
rules be suspended requiring an or-
dinance to be read on three separate
days. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None. The ordin-
ance was then read a second time.
Councilman Thompson moved that the
reading just had be considered the
second reading of the ordinance. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas --
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None. Councilman Thomp-
son moved that the ordinance be placed
on file with the City Clerk for public
inspection for at least one week be-
fore its final adoption. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, 'Thompson, Wharton. I`Tays-None.
Ordinance No. 15-41. An Ordinance
granting to Klauer Manufacturing
Company, its successors and assigns,
the right to erect, install and operate
a Pneumatic Tube System on 9th
Street at a point about 60 feet east of
Washington Street between its new of-
fice structure and its main plant, pre-
scribing the conditions of such permis-
sion and declaring an emergency, pre-
sented and read. Councilman Thomp-
son moved that the reading just had
be considered the first reading of the
ordinance. Seconded by Councilman
Schteller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Councilman Thompson moved that the
rules be suspended requiring an ordi-
nance to be read on three seperate
days. Seconded by Councilman Mur-
pry. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schuell,'er, Thompson,
~.
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tiVharton. Nays -None. The ordi-
was then read a second time. Coun-
cilman Thompson moved that the read-
ing just had be considered the second
reading of the ordinance. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Thompson moved that the
ordinance be placed on file with the
City Clerk for public inspection for at
least one week before its final adop-
tion, Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
Ordinance No. 13-41. An Ordinance
establishing a grade on Dodge Street
from Algona Street to Collins Street,
said ordinance having been passed up-
on first and second readings on May
13th, 1941, and ordered placed on file
with the City Clerk for public inspec-
tion for at least one week before its
final adoption, presented and read a
third time.
ORDINANCE NO. 13-41
An ordinance establishing a grade
on Dodge Street from Algona Street
to Collins Street.
Be it ordained by the City Council
of the City of Dubuque:
Paragraph 919, Section
That a grade on Dodge Street from
the west property line of Algona Street
to the west property line of Collins
Street be, and the same is hereby es-
tablished and adopted as shown by the
Profile of said street and grade pre-
pared by the City Rngineer, being Pro-
file No. 1300, B. M. R. R, spike in
power pole S. W. corner Dodge and
Gandolfo Streets, elevation 247.67.
Said grade begins at the west property
line of Algona Street, which is Station
O, north curb elevation 269.25, south
curb elevation 268.49; thence to Station
O plus 50, north and south curb ele-
vation 263.55; thence to Station 2 plus
21.6, east property line of Gandolfo
Street, north and south curb elevation
246.5; thence to Station 2 plus 71,6,
west property line of Gandolfo Streeet,
north and south curb elevation 246.0;
thence to Station 3, north and south
curb elevation 242.97; thence to Sta-
tion 3 plus 50, north and south curb ele-
vation 238.34; thence to Station 4,
north and south curb elevation 235.08;
thence to Station 4 plus 50, north and
south curb elevation 2'33.24; thence to
Station 4 plus 93.2, east property line
of Collins Street, north and south curb
elevation 232.73; thence to Station 5
plus 43.2, west property line of Collins
Street, north and south curb elevation
233.46.
Paragraph 920, Section 2 =w A
This Ordinance shall be in force and
effect ten (10) days from and after its
final passage and adoption by the City
Council and publication as provided
by law.
Passed upon first and second read-
ings May 13th, 1941.
Passed, adopted and Approved June
2nd, 1941.
FRANK VAN DU~I,MAN,
F. W. THOMPSON, Mayor.
AI,B>3RT WHARTON,
B. A. SCHUI;I,I,ER,
GAO. R. MURPHY,
Councilmen.
Attest: J. J. SH>;A, City Clerk.
Published officially in _The Tele-
graph-Herald newspapery~ths 5t1~ 'day
of June, 1941.
City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Dubuque, Iowa,
June 2nd, 1941.
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
In accordance with the provisions
of Chapter 289 of the Code of Iowa,
1939, the Civil Service Commission
conducted an entrance examination on
April 17, 1941, for those seeking posi-
tions on the eligible list for appoint-
ment to positions on the Fire Depart-
ment.
The following are those who passed
the mental and physical examinations
with the highest averages. All apoint-
ments for positions on the Fire De-
partment should be made from this
list.
Name m_Average
Vincent J. Kolb _______ 89.00 0
Herman J. Burdt __________88.25%
Herman J. Hantleman ____85.13%
George T. Connelly ______83.13%
Cyril D. Sc'huckert _______82.00%
Louis G. Murray __________80.88%
Herman J. Rave___________80,gg%
Frank R. Kaiser __________80.00%
Amer I,. J. Lynch ________79.25%
Louis J. Knoernschild _____78,g8oJo
Respectfully submitted,
JOHN SCHARTZI,)~,
C. S. HARK$R,
FRANCIS P. QUINN, M. D.,
Commissioners.
J. J. SHWA, Clerk.
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13S Regular Session, June 2nd, 1941.
Subscribed and sworn to before me
this 2nd day of June, 1941.
GERALDINF L. D~MKI~R,
Notary Public.
Councilman Murphy moved that the
report of the Civil Service Commission
be received and made a matter of rec-
ord. Seconded by Counciltan Schuel-
ler. Carried by the following vote:
Yeas:-Mayor Van Duelman, Council-
men IVlurphy, Schueller, Thompson,
Wharton. Nays-None.
Dubuque, Iowa,
June 2nd, 19-11.
To the Honorable Mayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
In accordance with the provisions
of Chapter 289 of the Code of Iowa,
1939, the Civil Service Commission
conducted an entrance examination on
April 17, 1941, for those seeking posi-
tions on the eligible list for appoint-
ment to positions on the Police De-
partment. The following are those
who passed the mental and physical
examinations with the highest aver-
ages. All appointments for positions
on the Police Department should be
made from this list.
Name Average
John F. Davis ___________86.50%
Ralph D. Carew __________83.00%
Carl F. Hittenmiller ______81.63%
Merlin Lange ____________81.00%
Robert J. Neuman ________80.00%
Leo W. Kueper __________74.00%
Gus R. Pecker ____________73.00%
Francis B. Bennett _______70.25%
Respectfully submitted,
JOHN SCHARTZL~,
C. S. HARKRR,
FRANCIS P. QUINN, M. D.,
Commissioners.
J. J. SHWA, Clerk.
Subscribed and sworn to before me
this 2nd day of June, 1941.
GRRALDIN~ L. D~MKIRR,
Notary Public.
Councilman Murphy moved that the
report of the Civil Service Commission
be received and made a matter of rec-
ord. Seconded by Councilman ~Vhar-
ton. Carried by the following vote:
Yeas:-Mayor man Duelman, Cottncil-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
June 2, 19.11.
To the Honorable Dlayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The term of R. D. Waller as a mem-
ber of the Planning and Zoning Com-
mission expired on IVtay 24th, 1941. It
is, therefore, necessary to make an
appointment for a 5 year terxrt to ex-
pire on Alay 24th, 1946.
Respectfully submitted,
A. A. RHOIvIBERG,
City Manager.
Councilman Wharton moved that
lir. R. D. Waller be re-appointed as
a member of the Planning and Zoning
Commission for a five year term to ex-
pire Alay 24th, 1946. Seconded by
Councilman IVlurphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution Na. 47-41
Whereas, Application for Beer Per-
mits have been submitted to this Coun-
cil for approval and the same have
been examined: Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the follow-
ing applications be and the same are
hereby approved and it is ordered that
the premises to be occupied by such
applicants shall be forthwith inspected.
Class "B" Permit
Name Address
Leo I,inl: and Bernice Link, 1487 Cen-
tral Avenue.
A. R. Uppinghouse and Philomina Up-
pinghouse, 238-240 West 6th Street.
John J. Callahan, 2400 Central Avenue.
Class "13" Permit For Private Club
Lusemberg Club, 1382 Central Avenue.
Class "C" Permit
Ray ~. Duttle and Arlene Duttle, 1105
ZValnut Street.
Passed, adopted and approved this
2nd dap of June, 1941.
FRANK VAN DUNLMAN,
Mayor.
F. W. THOIviPSON,
B. A. SCHU~LLRR,
G>~O. R. MURPHY,
Councilmen.
Attest: J. J. SHRA, City Clerk.
Councilman Schueller moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Ivlayor Van
Duelman, Councilmen Alurphy, Schuel-
ler, Thompson. Nays-Councilman
ZVharton.
Resolution No. 48-41
tiVhereas, Heretofore applications
were filed by the within named appli-
cants for Beer Permits and they have
received the approval of this Council;
and
Whereas, The premises to be occu-
pied by such applicants have been in-
spected and found to comply with the
ordinances of this City and they have
filed a proper bond: Notiv, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Man-
ager be and he is hereby directed to
2egular Session, June 2nd, 1941.
tssue to the following named persons
a Beer Permit.
Class "B" Permit
I~Iaxzte l~ddress
I,eo Link aucl Bernice Link, 1-187 Cen-
tral Avenue.
A. R, Uppinghouse and Philomina Up-
pittghouse, 235-2-10 \Vest 6th Street.
Iohn 7. Callahan, 2100 Central Avenue.
Class "C" Permit
Ray 1~. Duttle and Arlene Duttle, 1105
\Valnut Street.
Be It Further Resolved that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
2md day of June, 19-11.
FRANK VAN DURLtiIAN,
Mayor.
F. W. THOMPSON,
ALBNRT tiVHARTON,
B. A. SCHU]~LLLR,
GJ~O. R. MURPHY,
Councilmen.
Attest: J. J. SHLA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman P.Iurphy. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen tilurph}>, Schuel-
ler, 'I~hompsou, Sj;'~,r~.rton. Nays-None.
In re: Claim of Evangeline P/Iurray
Honorable Mayor and
A4embers of the City Council,
City of Dubuque, Iowa.
Gentlemen:
With reference to the claim of $van-
geline Murray filed on April 11, 19-41,
ut which she claims that on or about
March 12, 19=11, while walking over a
sidetvallc on Alpine Street in front of
the premises knotvm as 765 Alpine
Street, ice had formed on said walk
and was permitted to become rough,
rounded, uneven, ridged and obstruc-
tive, and that the same had been there
sufficient length of time as to consti-
tute negligence upon the part of the
City; that at said time she fell h•ac-
turitig a portion of the head of the
radius in her right arm, said fracture
extending into the joint; that because
thereof she was disabled and prevented
from following her vocation from the
date of the fall until this time; that
she claims that said injury was caused
soleh> by the negligence of the City ;
that she has incurred medical expense
to the sum of $82.50 and gill he oblig-
ed to incur further expense in the fu-
tttre and claims damages in the sum
of $500.00; that after investigation and
consultation with her attorney, ~. ~,
Bowen, I am of the opinion that this
case should he settled on the basis
of paying her $100.00.
139
I, therefore, recommend that she be
paid the sum of $100.00 in full settle-
ment of any and all claims that she
has against the City of Dubuque, and
that a warrant be issued for said
amount payable to her attorney, )~, )~,
Bowen and Rvangeline D~Iurray, and
that the same be delivered upon de-
livery to the City of Dubuque of a
1Zelease executed by the claimant.
Respectfully submitted,
JOHN J. KINTZING~R,
City Solicitor.
Councilman Wharton moved that the
recommendation of City Solicitor
hintzinger be approved and that the
City Auditor be instructed to draw a
warrant in the amount of $100.00 in
favor of )~. ~, Bowen; Attorney, and
1vangeline Murray as settlement in
full of all claims and that said war-
rant be delivered upon delivery to the
City of Dubuque of a Release executed
by the claimant. Seconded b}' Coun-
cilman Thompson. Carried by the fol-
lowing vote: Yeas-1\Iayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
P,Ir. )~rnest Staheli addressed th°
Council requesting that the ~~*ater main
on Asbury Road be extended fora dis-
tance of approximately 2,800 feet. Coun-
cilman \V'harton moved that the verbal
request be referred to the City Mana-
ger and ZTTater Superintendent for in-
vestigation and report, Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, ZVharton. Nays-I~TOne
There being no further business
Councilman Wharton moved to ad-
journ. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen 1\IurPh1', Schueller,
Thompson, Wharton. Nays-None.
J. J. SHWA, City Clerk.
Approved -----------------------1941
Adopted ------------------------1941
•, ~
ounct,men ,-----------------------
attest: -----------------------------
City Clerk.
- -
140 Special Session, June 4th, 1941.
® -
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(®fficial)
Special Session, June 4th, 1911.
Council met at 7:30 P. M.
Present -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Mayor Van Duelman stated that this
meeting is called for the purpose of
acting upon such business as may prop-
erly come before the meeting.
Councilman Wharton moved that
City Solicitor John J. Kintzinger be
appointed Clerlc Pro Tem of the meet-
ing. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so,
to address the Council. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Alurphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Mr. Charles Landon, Chairman of the
City of Dubuque Bridge Commission,
addressed the Council stating that an
agreement has been reached between
the City of Dubuque Bridge Commis-
sion and the Interstate Power Com-
pany for the removal of poles and lines
of the Interstate Power Company from
the Right of Way of the Bridge and
Approach.
Ordinance No. 16-1941. An Ordi-
nance Granting City of Dubuque
Bridge Commission, its successors and
assigns, Right of Way and basement
for Bridge and Approach across and
along certain Streets, Alleys, Levee
and Public Property in the City of
Dubuque, Iowa, including the Right
to Obstruct Passage at certain Street
Intersections and the Right to cross
over other Public Property, and the
Granting of Permission to Build a
Highway Bridge and an Approach
Thereon and the Right" to Place all
necessary Piers, Footings, Pilings, and
other Structures necessary therefor in
the Streets, Alleys, Levee, Dock and
Dock Board Property, and Providing
for change of Grade on Dodge and
Locust Streets near the Intersection
of said Streets in the City of Dubuque,
Iowa, and Granting the City of Du-
buque Bridge Commission, its Agents,
employees and Contractors the Right
to Use Dodge Street during construc-
tion of said Bridge and its Westerly
Approach for the purpose of Convey-
ing, Placing, Handling and Tempor-
arily Storing Materials, Implements
and Machinery, and also Granting the
Right to Block Off Traffic from cer-
tain parts of Dodge Street, City of Du-
buque, Iowa, during construction of
said Bridge and its Westerly Approach,
and Providing the Terms and Condi-
tions thereof, presented and read.
Councilman Thompson moved that the
reading just had be considered the
first reading of the ordinance. Sec-
onded by Councilman Murphy. Car-
ried by the following vote: Yeas -
1\Iayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None. Councilman Thomp-
son moved that the rules be suspended
requiring an ordinance to be read on
three separate days. Seconded by
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
The ordinance was then read a second
time. Councilman Thompson moved
that the reading just had be considered
the second reading of the ordinance.
Seconded by Councilman Murphy, Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None. Councilman Thomp-
son moved that the ordinance be placed
on file with the City Clerk for public
inspection for at least one week before
its final adoption. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
There being no further business
Councilman Wharton moved to ad-
journ. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson
Wharton. Nays-None.
J. J. Sxl~A,
City Clerk.
Approved -----------------------1941
Adopted ------------------------1941
Councilmen {_______________________
Attest: -----------------------------
City Clerk.
Special Session, June 10th, 1941.
(®fficial)
Special Session, June 10th, 1941
Council met at 7:35 P. NI.
Present -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Meeting called by order of Council-
men Wharton and Thompson.
Mayor Van Duelman read the call
and stated that service thereof had
been duly made and that this meeting
is called for the purpose of canvassing
the vote cast at the Special election
held June 9th, 1941, and acting on any
141
other business as may properly come
before the meeting.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, w-ho wishes to do so, to
address the Council. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Mrs. Vitzthum addressed the Council
stating that Mr. Joseph Birner is tak-
ing the dirt and rock from Hempstead
Street to fill his lot. Mrs. Vitzthum
was advised by the Council that the
matter would be looked after by City
Officials.
The vote of the Special election of
June 9th, 1941, was then canvassed and
showed the following result:
1~ U 'a'~ i+ Y Y d~ Y d~ i-. d-~ i~
U ~+ U U („) U U U U U U U V U U
.V ~i Si x~.i ~ ~i ~ ~i ~ Ti vii .~-rr n'i _~i
~'J N ~~.'> ~V ~U ~U ~U ~U ~U ~U ~U ~U ~U ~U ~U
y ~ Y CJ y y, U N GJ ~ y ~ d N y
s. s, s. s. s. s~ s. s~ ~ 4. s. s.. 4. w, ~
~, a a w a, w w a a ~, a a a ~,
ff. j i ~ t+~.+ }~ii 1 Y ~ .~x-+ Y }+
N M <t ~ ~ n 00 CT O .-+ N M <t u] F'~
Yes ___________j101~123~ 72~ 73~161~103~ 66~132~ 76~133~ 50~ 741 57~ 90~ 76~ 1387
No ____________~191~133~193~164~193~224~205~178~182~240~213~208~245~228~201~ 2998
Resolution No. 49-41
Whereas, A special election was held
in the City of Dubuque on the 9th
day of June, 1941, at which there was
submitted to the electors thereof the
question of the issuance of bonds in
the amount of $120,000.00 for the pur-
chase and remodeling of the Post Of-
fice at 9th and Locust Streets for a
City Hall; and
Whereas, This is the day following
the holding of such election and this
Council has met in special session for
the purpose of canvassing the vote ''
cast at said election and declaring the
result thereof; and
Whereas, It appears from the re-
turns made upon said election from
the various precincts that 2998 votes
were cast against the proposition sub-
mitted and 1387 votes were cast in fa-
vor of such proposition:
Now, Therefore:
Be It Resolved, that a canvass of
the votes cast at said election shows
that the proposition submitted has been
defeated by the electors of the City of
Dubuque.
Passed, adopted and approved this
10th day of June, 1941.
FRANK VAN DU>;I,DIAN,
Mayor.
F. W. THOMPSON,
AI,BFRT WHARTON,
B. A. SCHU~i,I,~R,
GAO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Wharton. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Thompson moved that
the Judges and Clerks who served at
the Special );lection of June 9th, 1941,
be allowed the amount of $6.00 each
for services rendered as such Judges
and Clerks. Seconded by Councilmanx
Murphy. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of the Holy Trinity Church
requesting permission for the hanging
~ II ~ ~ ~~~
'~ r '; 1~Z Special Session, June 10th, 19h1.
," ~ ~ ~
1,
n ~
-
I
'?, z ~I
of a sign across Rhomberg Avenue,
said sign to be suspended from the
ohurch to the house across the street
presented and read. Councilman Schuel-
ler moved that the request be granted.
Seconded by Councilman Murphy. Car-
ried by the following vote: Yeas --
Pvlayor Van Duelman, Councilmen
1l/urphy, Schueller, Thompson, ~Vhar-
ton. Nays-None.
Petition of Maude ~. Connors, re-
ferred to the City Council by the Board
of Supervisors, requesting cancellation
of the 1940 taxes ou M. 16' 9" of I,ot
S of City I,ot 601 presented and read.
City Solicitor Iiintzinger recommend-
ing that the request for cancellation
of tales be denied but a suspension of
the 19-10 tales should be granted.
Councilman Thompson moved that the
recommendation of Cit}= Solicitor Kint-
zinger be approved and the request of
I1laude ~. Connors for cancellation of
the 19-40 tales on the 1\I. 16 feet 9
inches of I,ot S of City L,ot 601 be
denied but a suspension of the 19-}0
taxes be ordered granted and the Board
of Supervisors to be notified of the
action of the City Council. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Morph}=, Schuel-
ler, Thompson, Wharton. Nags-None.
Petition of the Iowa Children's Home
Society requesting permission for the
holding of a tag day on Saturday, Au-
gust 9th, 1941, presented and read.
Councilman Wharton moved that the
request be granted. Seconded by
Councilman ltilurph}=. Carried by the
following vote: Yeas-1\Iavor Van
Duelman, Councilmen Morph}=, Schuel-
ler, Thompson, Wharton. Na}=s-None,
Ordinance No. 14-41. An Ordinance
Amending and Changing the Zoning
ftlap of the City of Dubuque as pro-
vided by Ordinance No. 3-34 designat-
ed, "Zoning Ordinance of the City of
Dubuque," so as to change to "Ivlul-
tiple Residence District,° certain de-
fined territory, now delimited as "Two-
Family Residence District," and declar-
ing an emergenc}=, said ordinance hav-
ing been passed upon first and second
readings on June 2nd, 1911, and or-
dered placed on file for public inspec-
tion with the Citv Clerk for at least
one week before its final adoption, pre-
sented and read a third time.
District," and Declaring an emergen-
cy.
1L%hereas, a Petition has been filed,
signed by a number of different prop-
erty owners located in the district in-
vok=ed, asking the City Council to
amend the Zoning flap of the City of
Dubuque as provided by Ordinance
No. 3-34 designated as "Zoning Ordi-
nance of the City of Dubuque," so as
to change to "Il/ultiple Residence Dis-
trict" certain defined territor}> now de-
limited as "Two-Famil}= Residence
District;" and
TZ%hereas, The said proposed change
has met with the approval of the Plan-
ning and Zoning Commission of the
City of Dubuque; and
«Thereas, Notice of such proposed
change has been published as provided
b}= law, and an opportunity afforded
to any and all parties interested, to
object thereto at a public meeting held
at 7:30 P. 1\L, June 2nd, 1941, in the
Council Chamber in the City Hall in
the Citv of Dubuque; and
\'hereas, No objections have been
filed or made to the proposed change;
and
Wherefore, It is deemed advisable
by this City Council to amend the
Zoning il~tap of the Cit}= of Dubuque
as provided b}= Ordinance No. 3-34
as requested in the Petition above re-
ferred to;
Now, Therefore,
Be it ordained h}= the City Cotmcil
of the City of Dubuque:
Section 1. That the Zoning R-lap of
the City of Dubuque as provided by
Ordinance I~To. 3-34, be, and the same
is hereby amended and changed as
follows: by changing froth "Two-
Family Residence District" to "1blulti-
ple Residence District," the area
described as follows:
Beginning at a point 100' westerly of
the westerly side of Broadway and
100' southerly of the southerl}= side
of Bing Street, thence easterly to
the center line of Broadway Street,
thence northerly and westerly along
the center line of Broadway to the
extension of a line 100' northerl}= of
the northerl}= side of Diagonal Street,
thence easterly along said line to a
point 100' westerl}= of the westerly
side of Central Avenue thence south-
erly along a line 100' westerly of the
westerly side of Central Avenue to
a point 100' southerly of the souther-
ly side of West 24th Street, thence
westerly along a line 100' southerly
of the southerly side of Nest 24th
Street to the extension of a line 100'
i ®I2DINARTCE NO. 14-41
An Ordinance Amending and
(,
- Chan in the Zonin 1\Ia of the Cit =
-
g g g Z
P
of Dubuque as provided by Ordinance
No. 3-34 Designated, "7_oning Ordi-
nance of the City of Dubuque," so as
- to Change to "Multiple Residence Dis-
trict", Certain Defined Territory, now
"' Delimited as "Two-Family Residence
..,- ~ -
Special session, June 10th, 1941,
_~ a
~.,
~`
~y
fi'
a
143
westerly of the westerly side of
Broadway Street, thence northerly
along said line to the point of be-
ginning in the City of Dubuque,
Iowa.
Section 2. This ordinance being
deemed urgent and of immediate ne-
cessity, shall be in force and effect
from and after its final pasage, adop-
tion and approval by the City Council,
and publication as provided by law,
and when the costs and expenses of
publication of the same have been paid
for by the parties filing the applica-
tion for the change of said ordinance.
Passed upon first and second read-
ings this 2nd day of June, 1941.
Passed, adopted and approved upon
final reading this 10th day of June,
1941.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUEI,I,ER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerle.
~?ublished o_ ff_icial~ _in The Tele-
r graph=l3erald riewspaper~this 13th day
of June, 1941.
J. J. SHEA,
6-13-1t City Clerk.
Councilman Thompson moved the
adoption of the ordinance. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Ordinance No. 15-41. An Ordinance
granting to Klauer Manufacturing
Company, its successors and assigns,
the right to erect, install and operate
a Pneumatic Tube System on 9th
Street at a point about 60 feet east of
Washington Street between its new of-
fice structure and its main plant, pre-
scribing the conditions of such permis-
sion and declaring an emergency, said
ordinance having been passed upon
first and second readings on June Znd,
1941, and ordered placed on file for
public inspection with the City Clerk
for at least one week before its final
adoption, presented and read a third
time.
ORDINANCE NO. 1541
An Ordinance granting to Klauer
Manufacturing Company, its succes-
sors and assigns, the right to erect,
install and operate a Pneumatic Tube
System on 9th Street at a point about
60 feet east of Washington Street be-
tween its new office structure and its
main plant, prescribing the conditions
of such permission and declaring an
emergency.
BE IT ORDAINED BY THE
CITY COUNCII, OF THE CITY
OF DUBUQUE:
Section 1. That the Klauer Manu-
facturing Company, its successors and
assigns, be, and it is hereby granted
the right and authority to erect, in-
stall and operate a Pneumatic Tube
System at a point about 60 feet east
of Washington Street on 9th Street
between its new office sructure and its
main plant, said Pneumatic Tube Sys-
tem to consist of a box approximately
7" x 17" crossing 9th Street at a
height of about ZO feet and held in
position and supported by rods from
the two structures of the Klauer Man-
ufacturing Company.
Section 2. That such Pneumatic
Tues System shall be constructed un-
der the direction and supervision of
the City Manager and Building In-
spector.
Section 3. As a consideration for the
rights and privileges hereby granted,
the said Klauer Manufacturing Com-
pany, its successors and assigns, does
hereby agree to pay for and on behalf
of the City of Dubuque any and all
sums of money which the City of Du-
buque shall become obligated to pay
by reason of any liability imposed
upon the City of Dubuque, Iowa, for
damages of any and all kinds which
may be caused or sustained by any
person, firm or corporation because
of the erection, installation and opera-
tion of the Pneumatic Tube Systern
hereinbefore referred to.
The Klauer Manufacturing Com-
pany at its own expense, hereby agrees
to defend for and on behalf of the City
of Dubuque any and all claims or
suits, at law or in equity, and any and
all other proceedings brought against
the City of Dubuque because of the
enactment of this Ordinance and the
erection, installation and operation of
the Pneumatic Tube System herein-
before referred to and of any and all
matters in connection therewith, even
if the same is groundless, false or
fi•audulent.
The Klauer Manufacturing Com-
pany agrees to pay any and all claims
allowed against the City of Dubuque
with legal interest thereon, to pay any
and all judgments rendered against the
City of Dubuque with legal interest
thereon, together with any and all
court costs and any and all costs and
expenses incurred by the City in con-
nection with such claims or suits; and
to pay all premiums on any appeal
bonds. All such payments are to be
144 Special Session, June 10th, 1941.
."~
.,
J
Y
i`
-.
'G
made when the claims are finally al-
lowed and when judgments are finally
entered.
Section 4. This Ordinance being
deemed urgent shall become effective
upon its final passage, adoption and
approval by the City Council and pub-
lication as provided by law, and the
rights hereunder shall accrue to Klauer
Manufacturing Company, its successors
and assigns when this Ordinance has
been accepted by said Company, which
acceptance shall be endorsed hereon
and when the cost and expense of pub-
lishing the same has been paid by said
Company.
Passed upon first and second read-
ings this 2nd day of June, 1941.
Passed, adopted and approved upon '
final reading this 10th day of June,
1941.
FRANK VAN DU~I,MAN,
Mayor.
F. W. THOMPSON,
AI,BFRT WHARTON,
B. A. SCHU>;I.I,~R,
GFO. R. MURPHY,
Councilmen.
Attest: J. J. SH$A, City Clerk.
ACCEPTANCE OF ORDINANCE
NO. 15-41
Klauer Manufacturing Company,
having knowledge of all the terms and
conditions of Ordinance No. 15-41,
does hereby accept Ordinance No. 15-41
as adopted by the City Council of the
City of Dubuque on the 10th day of
June, 1941, and agreees to comply with
all the terms and conditions therein
set forth.
r Signed this 11th day of June, 1941.
a~ KL,AU$R MANUFACTURING CO.
By B. F. Klauer,
Vice-President.
Published officially__in The Tele-
graph-Herald newspaper jthis 13th day
of June, 1941. '
J.. J. sx~A,
6-13-1t City Clerk.
Councilman Murphy moved the adop-
tion of the ordinance. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
June 1, 1941.
To the Honorable Nlayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit the reports of the
City Auditor, City Treasurer, City
Health Department, City Water De-
partment and City Recreational De-
partment for the month of May, 1941,
also a list of payrolls and claims for
which warrants were drawn during the
month of May, 1941.
Respectfully submitted,
A. A. RHOMBFRG,
City Manager.
Councilman Thompson moved that
the reports be received and placed on
file. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Ntayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
June 10, 1941.
Honorable Mayor and
IVlembers of the City Council,
City of Dubuque, Iowa.
Gentlemen:
In re: PETITION OF CECELIA
HOWE, for Suspension of Taxes
on Lot 17 Yates Sub. City of
Dubuque
asking that the 1940 taxes be suspend-
ed because of age and infirmity, I rec-
ommend that the Petition should be
approved by the City Council of the
City of Dubuque and notification of
such approval given to the Board of
Supervisors of Dubuque County, Iowa.
Respectfully submitted,
JOHN J. KINTZINGER,
City Solicitor.
Councilman Murphy moved that the
recommendation of City Solicitor Kint-
zinger be approved and that the peti-
tion of Cecelia Howe requesting sus-
pension of the 1940 taxes on I,ot 17 of
Yates Subdivision be granted and the
Board of Supervisors to be notified
of the action of the City Council. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Resolution No. 50-41
Be It Resolved by the City Council
of the City of Dubuque that the fol-
lowing, having complied with the pro-
visions of law relating to the sale of
cigarettes within the City of Dubuque,
be granted a permit to sell cigarettes
and cigarette papers ~vithitt said City
and the Manager is directed to issue
such permit on behalf of said City.
Name Address
John Callahan, 378 Main Street.
Be It Further Resolved that the bond
filed with the application be approved.
Special Session, June 10th, 1941.
145
Passed, adopted and approved thi:
10th day of June, 1941.
FRANK VAN DUEI,MAN,
F. VV. THOMPSON, Mayor.
ALBERT WHARTON,
B. A. SCHUEI,I.ER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J, SHEA, City Clerk.
Councilran Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 51-41
Whereas, Application for Class "B"
Beer Permits have been submitted to
this Council for approval and the same
have been examined: Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the following
applications be and the same are here-
by approved and it is ordered that the
premises to be occupied by such ap-
plicants shall be forthwith inspected.
Class "B" Permit
George Scherbring and Margaret
Scherbring, 198 Main Street.
John J. Callahan (Transfer of address
from 2400 Central Ave.), 378 Main
Street.
Passed, adopted and approved this
10th day of June, 1941.
FRANK VAN DUEI,MAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B, A. SCHUELLER,
GEO. R. MURPHY,
Councilmen,
Attest: J. J. SHEA, City Clerk.
Councilman Murphy moved the
adoption of the resolution. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 52'-41
Whereas, Heretofore applications
were filed by the within named appli-
cants for Class "B" Beer Permits and
they have received the approval of this
Council; and
Whereas, The premises to be occu-
pied by such applicants have been in-
spected and found to comply with the
ordinances of this City and they have
filed a proper bond: Now, Therefore.
Be It Resolved by the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue
to the following named persons a Beer
Permit.
Class "B" Permit
Name Address
George Scherbring and Margaret
Scherbring, 198 Main Street.
John J, Callahan (Transfer of address
from 2400 Central Ave.), 378 Main
Street.
Be It Further Resolved that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
10th day of June, 1941.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SC]"iUEI,I,ER,
GEO. R. MURPHY,
Councilmen.
Attest: J• J• SHEA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 53-41
Whereas, Heretofore application
was filed by the within named applicant
for Class B" Beer Permit and it has
received the approval of this Council,
and
Whereas, The premises to be occu-
pied by such applicant have been in-
spected and found to comply with the
ordinances of this City and a proper
bond has been filed: Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Mana-
ger be and he is hereby directed to
issue to the following named person
a Beer Permit.
Class "B" Permit For Private Club
Name Address
Luxemberg Club of Dubuque, Iowa,
1382 Central Avenue.
Be It Further Resolved that the
bond filed by such applicant be and
the same is hereby approved.
Passed, adopted and approved this
10th day of June, 1941.
FRANK VAN DUELMAN,
F. W. THOMPSON, Mayor.
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
146 Special Session, June 10th, 1941.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson. Nays-Councilman
tiVharton.
Resolution 1Vo. 54-41
tiVhereas, Lots 3, 4, 5, 6, 8, 9, 10, 11,
12, 13, 14 and 15 of Scott's 1st Addi-
tion in the City of Dubuque, Dixbuque
County, Iowa, were sold on February
3, 1936, to Dubuque County, Iowa, by
the County Treasurer of Dubuque,
County, Iowa, for delinquent taxes and
unpaid taxes against the real estate
for the years 1928 to 1934, inclusive,
and
Whereas, The said Dubuque County,
Iowa, desires to sell the above des-
cribed real estate to the Linwood Cem-
etery Association for $60.00, and .<
Whereas, The sale of said property ',
by Dubuque County, Iowa, to the Lin- ',
wood Cemetery Association for a sum
less than the total amount stated in the
Tax Sale Certificate including all en-
dorsements of subsequent general
taxes, interests and costs requires the
written approval of a majority of all
the tax levying and tax certifying
bodies having any interest in said gen-
eral tales: Now, Therefore,
Be It Resolved, by the City Council
of the City of Dubuque, Iowa, that
the sale of said property to the Lin-
wood Cemetery Association for the
sum of $60.00 in cash, be and the same
is hereby authorized acid approved.
Passed, adopted and approved this
10th day of June, 1941.
FRANK VAN DUI;LNIAN,
Mayor.
F. W. THOMPSON,
ALBERT tiVHARTON,
B. A. SCHUDLL>~R,
GDO. R. MURPHY,
Councilmen.
Attest: J. J. SHT~A, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Wharton. Carried by
the following vote: Yeas-lbiayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton, Nays-None.
Resolution No. 55-41
Whereas, Lot 12 of the Subdivision
of the West / of Bloclc 1 of Dubuque
Harbor Company's Addition in the
City of Dubuque, Dubuque County,
Iowa, were sold on February 3, 1936,
to Dubuque County, Iowa, by the
County Treasurer of Dubuque County,
Iowa, for delinquent taxes and unpaid
taxes against the real estate for the
years 1932 to 1934, inclusive, and
bVhereas, The said Dubuque County,
Iowa, desires to sell the above describ-
ed real estate to ~Illllam L. Gallogly
for $600.00, and
Whereas, The sale of said property
by Dubuque County, Iowa, to William
L. Gallogly fora sum less than the
total amount stated in the Tax Sale
Certificates including all endorsements
of subsequent general taxes, interests
and costs requires the written approval
of a majority of all the tax levying and
tali certifying bodies having any inter-
est in said general taxes;
Now, Therefore, Be It Resolved, by
the City Council of the City of Du-
buque, Iowa, that the sale of said prop-
erty to «'illiam L. Gallogly for the
sum of $600.00 in cash, be and the same
is hereby authorized and approved.
Passed, Adopted and Approved this
10th day of June, 1941.
FRANK VAN DU1~.LMAN,
Mayor.
F. W. THOMPSON,
ALBT;RT WHARTON,
B. A. SCHUI;LL~R,
Gl~O. R. MURPI~Y,
Councilmen.
Attest: J. J. SHIA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Schueller. Carried by
the following vote: Yeas-Mayor Van
Duelman. Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
There being no further business
Councilman Thompson moved to ad-
journ. Seconded by Councilman Mur-
phy. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller•, Thompson,
Wharton. Nays-None.
J. J. SHWA,
City Clerk.
Approved ______________________1941.
Adopted ________________________1941.
Councilmen: 1 ______________
Attest: ______________________________
City Clerk.
Special Session, June 12th, 1941.
147
(®fficial)
Special Session, June 12th, 1911.
Council met at 5:35 P. M.
Present - Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Meeting called by order of Council-
men Murphy and Schueller.
Mayor Van Duelman read the call
and stated that service thereof had
been duly made and that this meeting
is called for the purpose of consider-
ing for final adoption Ordinance No.
16-41. An ordinance granting City of
Dubuque Bridge Commission, it suc-
cessors and assigns, Right of Way and
Basement for Bridge and Approach
across and along certain streets, alleys,
levee and public property in the City
of Dubuque, Iowa, and acting on any
other business as may properly come
before a regular meeting of the City
Council.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber who wishes to do so, to
address the Council. seconded by
Councilman Thompson. Carried by the
following vote: Yeas--~Mavor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of William B. Poinsett, and
Myers-Cox & Co., by Kenline, Roedell
& Hoffmann, Their Attorneys, object-
ing to the proposed ordinance granting
to the City of Dubuque Bridge Com-
mission aright of ~vay and easement
to construct, repair and maintain a
bridge and approaches thereto in, over
and along Dodge Street and streets
intersection therewith presented and
read.
Petition of Swift & Co., by Kenline,
Roedell & Hoffmann, Their Attorneys,
objecting to the proposed ordinance
granting to the City of Dubuque Bridge
Commission a right of way and ease-
ment to construct, repair and maintain
a bridge and approaches thereto and
change of grades in, over and along
Dodge Street and streets intersecting
therewith presented and read.
Petition of Hurd-Most Sash & Door
Company, by $. H. Winging, Its At-
torney, objecting to the passage of
Ordinance No. 16-1941 pertaining to
grant of easement and right of way
to the City of Dubuque Bridge Com-
mission and requesting that final hear-
ing and reading of the ordinance be
postponed and that an opportunity be
given this objector to appear before
your Honorable Body for the purpose
of presenting and arguing these objec-
tions presented and read.
Attorney 1;. H. Winging addressed
the Council relative to the written ob-
jections as contained in the petition of
Hurd-Most Sash & Door Company
and requested fltat the final hearing
and reading of the ordinance be post-
poned and that the ordinance be amend-
ed or re-written in order that the in-
terests of the property owners be safe-
quarded.
Councilman Wharton moved that the
petitions of William B. Poinsett, and
Myers-Cox & Co. also of Swift & Co.,
also of Hurd-Most Sash & Door Com-
pany together with Ordinance No. 16-
1941 be referred to the City Solicitor
with instructions to confer with all in-
terested parties and their Attorneys,
for the purpose of rewriting a new or-
dinance.
Seconded by Councilman Schueller,
Carried by the following vote: Yeas-
Mayor Van Duelman, Councilmen Mur-
phy, Schueller, Thompson, Wharton.
Nays-None.
Councilman Murphy moved that the
Mayor be authorized to execute on be-
half of the City of Dubuque the con-
tract with the Iowa State Highway
Commission for Primary Road $xten-
sion Maintenance from July 1, 1941 to
June 30, 1942. Seconded by Council-
man \~~harton. Carried by the follow-
ing vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
There being no further business
Councilman Thompson moved to ad-
journ. Seconded by Councilman Mur-
PhY• Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
7• J• SH1~A, City Clerk.
Approved ------------°----------1941.
Adopted ________________________1941,
Councilmen:
Attest: __________________________
City Clerk.~-
.~----
`: t
148 Special Session, June 16th, 1941.
~ ~ ~
(Official)
Special Session, June 16th, 1941.
Council met at 7:50 P. M.
Present -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Meeting called by order of Council-
men Thompson and Wharton.
Mayor Van Duelman read the call
and stated that service thereof had been
duly made and that this meeting is
called for the purpose of considering
an Ordinance granting City of Du-
buque Bridge Commission, its succes-
sors and assigns, Right of Way and
basement for Bridge and Approach
across and along certain streets, alleys,
levee, dock property and other public
property in the City of Dubuque, Iowa,
and acting on any other business as
may properly come before a regular
meeting of the City Council.
Notice of Claim of $ugene Bassler
in the amount of $7.00 for damages to
his automobile caused in striking a
narrow bridge at foot of Fremont Hill
near the Railroad Crossing presented
and read. Councilman Murphy moved
that the Notice of Claim be referred
to the City Solicitor for investigation
and report. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-IVlayor fan Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Communication of Linden J. Mur-
phy, Director, Iowa Fire Schools, ad-
vising Council that Harold H. Cos-
grove, amember of the Fire Depart-
ment of the City of Dubuque, attend-
ed the State Fire School at the Iowa
State College, Ames, Iowa, presented
and read. Councilman Murpl~ moved
that the communication be received
and filed. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Cotmcilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of Fugene F. Hickey et al
requesting that the Zoning Map be
amended so as to change from "Two-
Family Residence District" to "Multi-
ple Residence District" the South 4
feet of Lots 4, 5 and 6 of City Lot 72a
presented and read. Councilman
Thompson moved that the petition be
referred to the Planning and Zoning
Commission for their recommendation
and report. Seconded by Councilman
Wharton. Carried by the followin€
vote: Yeas-Mayor Van Duelman
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of John M. Augustine re-
questing Council to accept the amount
of $20.00 in settlement of the special
assessments against the tiVest 50' of
Lot 28 of Quigley's Sub. for the con-
struction of West Dubuque sanitary
sewer system and also for the paving
of Algona Street presented and read.
City Manager Rhomberg recommend-
ing that the offer of John M. Augus-
tine be accepted. Councilman Wharton
moved that the recommendation of
City Manager Rhomberg be approved
and the City Treasurer be instructed
accordingly. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Cotmcilmen IVluprhy, Schueller,
Thompson, Wharton, Nays-None.
Dubuque, Iowa.
June 12th, 1941.
To the Honorable Mayor
and Members of the City Council,
City of Dubuque, Iowa.
Gentlemen:
The local Board of Review appoint-
ed by your honorable body to equalize
the taxes for the year 1941 beg to ad-
vise that it has completed its work
after having been in session from the
first Monday in May, 1941. We have
had a number of complaints and have
made personal investigation in each
case. Hereto attached you will find
all assessments equalized by the Board.
There being nothing further to do the
Board has taken final adjournment.
Respectfully submitted,
JOHN H. W);IM~R,
Chairman.
THOS. J. HILL,
J. M. CONL>;Y,
Members, Board of Review.
Attest: J. J. SHWA,
Clerk, Board of Review.
Councilman Murphy moved that the
report of the Board of Review be re-
ceived and placed on file and the City
Auditor be instructed to draw war-
rants in the amount of $400.00 each in
favor of John H. Weimer, Thos. J. Hill
and J. M. Conley as provided in Item
108-j of the Budget for services ren-
dered as members of the Board of
Revie«~ for the year 1941. Seconded
by Councilman Wharton. Carried by
the following vote: Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Dubuque, Iowa,
June 16th, 1941.
To the Honorable Mayor
and Members of the City Council,
Dubuque, Iowa.
Gentlemen:
In accordance with the provisions
of Chapter 289 of the State Code of
Special Session, June 16th, 1941.
149
Iowa 1939, Section 5696-d1, the Civ
Service Commission conducted a prc
motional examination, as of April 29t1
1941, for those seeking promotions o
the Police Department.
The following are those who passe
with the highest averages. All pro
motions on the Police Departmen
should be made from this list.
Eligible List for Promotions
Police Department
Name Average
Hugh Callahan _______________86.25
Frank NI. Matz ______________85.25%
John F. Donahue _____________85.00°
Wm. A. Trentz ______________85.00%
Wilfred J. Andresen __________84.25%
Russell Fullarton _____________81.25%
John A. Brady _______________80.50%
Albert Altman ________________80.00%
John J. Dolan ________________78.00%
B. A. Welu __________________75.75%
Wm. J. Stratton ______________75.25%
Fred M. Voels ________________74.25%
Chas. S. Post ________________72.50°J
Fd. Whitfield ________________72.50%
Percy Lucas __________________72.00%
Respectfully submitted,
JOHN SCHABTZL~,
Chairman.
C. S. HARK~R,
FRANCIS P. QUFNN, 1\l. D.
Commissioners.
J. J. SHFA, Clerk.
Subscribed and sworn to before me
this 16th day of June, 1941.
G~RALDINB L. DI;MKI$R,
Notary Public.
Councilman Wharton moved that the
report be received and made a matter
of record. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Thompson, Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Attorneys F. A. O'Connor and >.
Marshall Thomas representing the City
of Dubuque Bridge Commission and
Attorneys H. C. Kenline representing
William B. Poinsett, and Nlyers-Cox
& Co., and Swift & Co., and E. H.
Winging representing Hurd-l~iost Sash
& Door Company addressed the Coun-
cil and discussed the contents of the
proposed Ordinance No. 17-1941 grant-
ing City of Dubuque Bridge Commis-
sion, its successors and assigns, Right
of Way and basement for Bridge and
Approach across and along certain
Streets, Alleys, Levee and Public Prop-
erty in the City of Dubuque, Iowa.
After a lengthy discussion as to the
contents of the proposed Ordinance
No. 17-1911 Councilman Murphy mov-
ed that Council recess for the purpose
of considering Ordinance No. 17-1941
as now proposed for passage. Second-
ed by Councilman Thompson. Car-
ried by the following vote: Yeas: May-
or Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-None. Council recessed at 10:05 P.
M. and reconvened at 10:15 P. M.
Ordinance No. 17-1941. An Ordi-
nance Granting City of Dubuque Bridge
Commission, its successors and assigns,
Right of Way and basement for Bridge
and Approach across and along certain
Streets, Alleys, Levee and Public prop-
erty in the City of Dubuque, Iowa, in-
cluding the right to obstruct passage
at certain Street Intersections and the
right to cross over other Streets, Alleys,
Levee, Dock Property and other Pub-
lic Property, and the granting of per-
mission to build a Highway Bridge and
an Approach thereon and the right to
place all necessary Piers, Footings,
Pilings, and other Structures necessary
therefor in the Streets, Alleys, Levee,
Dock and Dock Board Property, and
providing for change of grade on
Dodge and Locust Streets near the In-
tersection of said Streets in the City
of Dubuque, Iowa, and granting the
City of Dubuque Bridge Commission,
its Agents, I~mployees and Contractors
the Right to use Dodge Street during
construction of said Bridge and its
westerly Approach for the purpose of
conveying, placing, handling and tem-
porarily storing materials, implements
and machinery, and also granting the
right to block off traffic from certain
parts of Dodge Street, City of Dubuque,
Iowa, during construction of said
Bridge and its Westerly Approach, and
providing the terms and conditions
thereof, presented and read. Council-
man Thompson moved that the read-
ing just had be considered the first
reading of the ordinance. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Thompson moved that the
rules be suspended requiring an ordi-
nance to be read on three separate
days. seconded by Councilman Whar-
ton. Carried by the following vote:
Peas-Mai-nr Van Duelman, Council-
men Murnhi~. Schueller, Thompson,
Wharton. I\Ta,vs-None. The ordinance
was then read a second time. Council-
man Thompson moved that the reading
lust had he considered the second read-
n~ of the ordinance. Seconded by
'"nuncilman Murphy. Carried by the
'ollo~.ving vote: Yeas-Mayor ~ Van
Duelman, Councilmen Murphy, Schuel-
1:.; 3
ii
~ 150 Speeial Session, June 16th, 1941.
~ ler, Thompson, Wharton. Nays-None.
_:,°,'a'., Councilman Thompson moved that the
':~
~
ordinance be placed on file with the
City Clerk for public inspection for at
' least one week before its final adoption.
::° E '' Seconded by Councilman Wharton.
R
.;~- . Carried by the following vote: Yeas-
,
!;
' Mayor Van Duelman, Councilmen
,
;,, . , ,' Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Mr. Paul Nauman addressed the
Council requesting permission to widen
the drivev~ay and approach to the quar-
ry of the Dubuque Stone Products
Company leading from Rhomberg Ave-
nue and also for permission to remove
the old overhanging stairway leading
to eagle Point Park. Councilman
Murphy moved that the verbal request
of Mr. Paul Nauman be referred to
the Council to view the grounds. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
IVlurphy, Schueller, Thompson, Whar-
ton. Nays-None.
There being no further business
Councilman Thompson moved to ad-
journ. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
J. J• SH>~A,
City Clerk.
Approved _______________________1941
Adopted ________________________1941
Councilmen:
Attest: ------------------------------
City Clerk.
..mot
Special Session, June 24th, 1941.
151
~~~~ ~-i
(®fficial)
Special Session, June 24th, 1941.
Council met at 7:45 P. M.
Present -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manages
Rhomberg.
Meeting called by order of Council-
men Wharton and Thompson.
Mayor Van Duelman read the call
and stated that service thereof had been
duly made and that this meeting is
called for the purpose of considering
for final adoption Ordinance No. 17-
1941. An Ordinance granting City of
Dubuque Bridge Commission, its suc-
cessors and assigns, Right of Way and
);asement for Bridge and Approach
across and along streets, alleys, levee
and public property in the City of Du-
buque, Iowa, granting permission to
build a Highway Bridge and an Ap-
proach, providing for a change of grade
on Dodge and Locust Streets near the
intersection of said streets, granting
the right to use Dodge Street during
construction of said Bridge and its
Westerly Approach and also granting
the right to block off traffic from cer-
tain parts of Dodge Street during the
construction of said Bridge and its
Westerly Approach, and acting upon
such other business as may properly
come before a regular meeting of the
City Council.
Dubuque, Iowa.
June 23rd, 1941.
To the Honorable City Council
of the City of Dubuque:
The undersigned, supplementing their
objections heretofore filed (which are
made a part hereof by reference), fur-
ther object to the proposed ordinance
granting to the City of Dubuque Bridge
Commission a right of way and ease-
ment in, over and along Dodge street
and intersecting streets, because said
ordinance fails to adequately protect
and save the rights of abutting property
owners.
Among other things, paragraph "A"
of Section 7 should be made plain,
clear and free from doubt, so as not
to force upon the abutting property
owners expensive litigation as to the
meaning or intended meaning of said
paragraph.
The undersigned construe said sec-
tion to mean, and is intended to mean,
that the City of Dubuque Bridge Com-
mission assumes any and all liability
for and to pa any and all actual dam-
age sustaine~ by any person, firm or
corporation as a result of the construc-
tion and maintenance of the bridge and
approach thereto and related improve-
ments pursuant to the right of way and
~, easement, and matters and things,
granted and permitted by and under
the terms of said ordinance, and that,
unless such damage is adjusted, any
abutting property owner may bring and
maintain an action for such actual dam-
ages against the said Bridge Commis-
sion in the district court of Dubuque
County, Iowa.
This no doubt is the meaning in-
tended by the City Council when its
members openly stated that it is the
wish of the City Council to fully pro-
tect the rights of the abutting property
owners for damages sustained as a re-
sult of the construction and mainte-
nance of the bridge, approach, struc-
ture and improvement pursuant to the
right of way and easement granted un-
der said ordinance. The Bridge Com-
mission is asking for, and the City
Council is attempting to give to the
Bridge Commission, a very valuable
right of way and easement. In turn,
the Bridge Commission should be ready
and willing to assume liability for and
to pay the actual damage sustained by
any abutting property owner.
WII,I,IAM B. POINSFTT,
MYI;RS, COX & CO., and
SWIFT & CO.,
By Kenline, Roedell & Hoffmann,
Their Attorneys.
Councilman Wharton moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Murphy. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Attorney H. C. Kenline representing
the petitioners, William B. Poinsett,
Myers, Cox & Co., and Swift & Co.,
addressed the Council in support of
their petition, supplementing their ob-
jections heretofore filed to the grant-
ing by ordinance to the City of Du-
buque Bridge Commission a right of
way and easement in, over and along
Dodge Street and intersecting streets,
because said proposed ordinance fails
to adequately protect the rights of
abutting property owners and asking
that paragraph "A" of Section 7 be
made to read as follows: A. Assume
any and all liability for and to pay any
and all damages in any wise sustained
by any person, firm or corporation as
a result of the construction and main-
tenance of the bridge and approach
thereto and related improvements pur-
suant to the right of way and easement,
and matters and things, granted and
permitted by and under the terms of
this ordinance, and any claim for such
I52 Special Session, June 24th, 1941.
damage may be brought and maintain-
ed against the City of Dubuque Bridge
Commission in the district court of
Dubuque County, Iowa.
Attorneys F. A. O'Connor and E.
Marshall Thomas representing the City
of Dubuque Bridge Commission ad-
dressed the Council requesting that
Ordinance No. 17-1941 be not delayed
on final passage and further requesting
that the ordinance be not changed and
amended but adopted as in its present
form.
Councilman Murphy moved that the
Council recess for the purpose of cota-
sidering Ordinance No. 17-1941. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None. Council recessed
at 8:05 P. M. and reconvened at 8:15
P. M.
Councilman Wharton moved that the
petition of William B. Poinsett, Myers,
Cox & Co., and Swift & Co., supple-
menting their objections heretofore fil-
ed, further objecting to the proposed
ordinance granting the City of Dubuque
Bridge Commission a right of way and
easement in, over and along Dodge
Street and intersecting streets, because
said proposed ordinance fails to ade-
quately protect and save the rights of
abutting property owners, be received
and made a matter of record. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Murphy moved that Or-
dinance No. 17-1941 be read a third
time. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Manor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
Ordinance No. 17-1941. An Ordi-
nance Granting City of Dubuque Bridge
Commission, its successors and assigns,
Right of Way and basement for Bridge
and Approach Across and Along Cer-
tain Streets, Alleys, Levee and Public
Property in the City of Dubuque, Iowa,
Including the Right to Obstruct Pas-
sage at Certain Street Intersections and
the Right to Cross over other Streets,
Alleys, Levee, Dock Property and other
Public Property, and the Granting of
Permission to Build a Highway Brtdge
and Approach Thereon and the Right
to Place all Necessary Piers, Footings,
Pilings, and other Structures Neces-
sary Therefor in the Streets, Alleys,
Levee, Doclc and Dock Board Property,
and Providing for change of Grade on
Dodge and Locust Streets Near the In-
tersection of said Streets in the City
of Dubuque, Iowa, and Granting the
amity of Dubuque Bridge Commission,
'its Agents, $mployees and Contrac-
tors the Right to Use Dodge Street
Suring Constrttetion of said Bridge and
its Westerly Approach for the Pur-
pose of Conveying, Placing, Handling
and Temporarily Storing Materials,
Implements and Machinery, and also
Granting the Right to Block Off Traf-
fic from Certain Parts of Dodge Street,
City of Dubuque, Iowa, during Con-
struction of said Bridge and its West-
erly Approach, and Providing the
Terms and Conditions Thereof, said
Ordinance having been passed upon
first and second readings on June 16th,
1941 and ordered placed with the City
Clerk for public inspection for at least
one week before its final adoption, pre-
sented and read a third time.
®IZDINAI~TCE 1V0. 17-1941
An Ordinance Granting City of Du-
buque Bridge Commission, tts suc-
cessors and assigns,,, Right of Way
and Easement for Bridge and Ap-
proach Across and Along Certain
Streets, Alleys, Levee and Public
Property in the City of Dubuque,
Io`aa, Including the Right to Ob-
struct Passage at Certain Street
Intersections and the Right to Cross
over other Streets, Alleys, Levee,
Dock Property and other Public
Propert}~, and the Granting of Per-
mission to Build a Highway Bridge
and an Approach Thereon and the
Right to Place all Necessary Piers,
Footings, Pilings, and other Struc-
tures Necessary Therefor in the
Streets, Alleys, Levee, Doclc and
Dock Board Property, and Provid-
ing for change of Grade on Dodge
and Locust Streets Near the Inter-
section of said Streets in the City
of Dubuque, Iowa, and Granting the
City of Dubuque Bridge Commission,
its Agents, Employees and Contrac-
tors the Right to Use Dodge Street
during Construction of said Bridge
and its Westerly Approach for the
Purpose of Conveying, Placing,
Handling and Temporarily Storing
Materials, Implements and Machin-
ery, and also Granting the Right to
Block Off Traffic from certain parts
of Dodge Street, City of Dubuque,
Iowa, during Construction of said
Bridge and its Westerly Approach,
and Providing the Terms and Condi-
tions thereof.
BE IT ORDAINED BY THE CITY
COUNCIL, OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That authority and per-
mission be and is hereby granted to
City of Dubuque Bridge Commission,
its successors and assigns, subject to
the hereinafter contained provisions
and conditions, to construct, recon-
1'`
°_
_1
~j
Special Session, ,dune 24th, 1941.
struct, repair, maintain and operate a
bridge for vehicular and foot passen-
ger traffic across the Mississippi River
from a point near the easterly terminus
of Dodge Street, in the City of Du-
buque, Iowa, to a point on Sinsinawa
Avenue, in the City of 1~ast. Dubuque,
Illinois, including the approach there-
to, near and along Dodge Street, in the
City of Dubuque, Iowa, all in accord-
ance with General Plan and elevation
Sheet No. 1 on file in the Office of the
City Clerk, except as to the plaza at
Locust and Dodge Streets, which shall
be constructed either in accord with
General Plan and elevation Sheet No.
1 or in accord with alternative plan
therefor which is attached to said Gen-
eral Plan.
Section 2. That for the purposes
hereinabove mentioned, the City of
Dubuque Bridge Commission, is suc-
cessors and assigns, is hereby given
and granted a right of way and ease-
ment in, over and along the several
streets, alleys and public places and
public property within the corporate
limits of the City of Dubuque, Iowa,
along the following route, to-wit:
From a point beginning between
Bluff and I,,ocust Streets on Dodge
Street in the City of Dubuque,
Iowa, and proceeding easterly on
Dodge Street to a point between
Warren and Water Streets and
then continuing in an easterly di-
rection over and across Water
Street, Terminal Street, the Levee,
Doclc Board property and other
public property in the City of Du-
buque, Iowa, to the Mississippi
River, as limited by said Plan and
$levation Sheet No. 1,
including the right to cross over all
intersection streets and alleys along
said route, the right to raise the grade
of Dodge Street and all intersecting
streets, the right to obstruct the direct
passage on Harrison Street across
Dodge Streeet, in the City of Dubuque,
Iov~~a, and the right to use and occupy
said streets, alleys, levee, dock, Dock
Board property and other public prop-
erty of the City of Dubuque, Iowa,
with footings, pilings, piers and all
other structures necessary for the con-
struction, maintenance and operation
of said bridge and approach thereto,
all as shown by General Plan and ~le-
vation Sheet No. 1 prepared by How-
ard, Needles, Tamen & Bergendoff,
engineers for City of Dubuque Bridge
Commission, a true and correct copy
of which is now on file in the office of
the City Clerk and City Manager for
the City of Dubuque, Iowa.
Section 3. The grade of that part
of Dodge Street and the intersecting
streets hereinabove described is here-
by changed to the grade as shown
upon the General Plan and elevation
153
Sheet No. 1 prepared by Howard,
Needles, Tamen and Bergendoff, en-
gineers of the City of Dubugue Bridge
Commission, a true and correct copy
of which is now on file in the Office
of the City Clerk and the City Nl~ii-
ager for the City of Dubuque, Iowa,
and the grade of that part of said
streets as shown by said General Plan
and $levation Sheet No, 1, is hereby
adopted and established as the grade
for said streets.
Section 4. That the right of way,
easements, and all other rights granted
herein to City of Dubuque Bridge
Commission, its successors and as-
signs, be, and they are hereby made
perpetual so long as the same are used
for the purposes of constructing, re-
pairing, reconstructing, maintaining and
operating said highway bridge and its
approach, and as limited herein.
Section 5. That permission and au-
thority are hereby given to the said
City of Dubuque Bridge Commission,
its agents, employees and all contractors
for the construction of said bridge and
its westerly approach or any portion
thereof, to use and occupy Dodge
Street in the City of Dubuque, Iowa,
along and near the line of said bridge
and its westerly approach from Locust
Street east to Terminal Street for the
purpose of conveying, placing, hand-
ling and temporarily storing any and
all materials, implements and machin-
ery of whatsoever kind and character
necessary and proper for the use and
construction of said bridge and its
westerly approach, provided that such
use shall be regulated so as to inter-
fere as little as possible with the rights
of ingress and egress to and from the
property abutting on the said streets,
alleys and public highways and places.
That said City of Dubuque Bridge
Commission, its agents, employees and
all contractors for the construction of
said bridge and its westerly approach
or any portion thereof, are hereby
granted permission and authority to
block off from all unnecessary traffic
during construction of said bridge and
its westerly approach or any portion
thereof, the following parts of Dodge
Street, to-wit, from the east property
line of Locust Street to the wes4 prop-
erty line of Harrison Sreet; from the
east property line of Harrison Street
to the west property line of Shield
Street and Salina Street; from the east
property line of Shield Street and Sa-
lina Street to the west property line
of Main Street; and from the east prop-
erty line of Main Street to the easterly
side of Terminal Street, provided, the
Manager of the City of Dubuque is
hereby empowered with authority to
determine the extent of the use grant-
ed in Section 5 hereof, with a view to
protecting the reasonable rights of
abutters and others as to ingress and
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154 Special Session, June 24th, 1941,
egress, and in relation to protection
of property and other civil rights as
against fire or other casualty.
Section 6. The said Bridge Commis-
sion shall provide reasonable access
to, and ingress to and egress from
abutting property during construction
of the bride, and related improvements,
pursuant to the right of way and ease-
ment, and matters and things, granted
and permitted by and under this Or-
dinance.
Section 7. In consideration of the
grants herein made by the City of Du-
buque, Iowa, the City of Dubuque
Bridge Commission, its successors, and
assigns, do hereby agree to and shall,
as one of the conditions hereof,
A-Assume and agree to pay any and
all legal damages, if any, in any wsie
sustained by any persons, firm or cor-
poration as a result of the construction
and maintenance of the bridge and ap-
proach thereto and related improve-
ments pursuant to the right of way
and easement, and matters and things,
granted and permitted by and under
the terms of this Ordinance, for which
the City of Dubuque Bridge Covtmis-
sion has a legal liability, if any.
B-To pay for and on behalf of the
City of Dubuque any and all sums of
money which the City of Dubuque
shall become obligated to pay by rea-
son of arty liability imposed upon the
City of Dubuque, Iowa, by law, for
damages of any and all kinds which
may be caused to or sustained by any
person, firm or corporation because of
the enactment of this Ordinance and
any and all acts or things done by the
City of Dubuque Bridge Commission
in pursuance to or under the terms
thereof, and especially:
(1) Because of the authority herein
granted to the City of Dubuque
Bridge Commission, its succes-
sors and assigns, to construct,
reconstruct, repair, maintain and
operate abridge and approach
thereto for vehicttlar and foot
passenger traffic across the Mis-
sissippi River, and because of
such construction, reconstruc-
tion, repair, maintenance and op-
eration of such bridge.
(2) Because of the right of way and
easement in, over and along the
several streets, alleys and pub-
, ~,,,, lic places, as in this Ordinance
hereinbefore set forth.
(3) Because of change of established
grades of any streets or alleys
~ as hereinbefore set forth;
„'I, provided, however, that the City of
~ Dubuque, Iowa, shall whenever any
action is brought against it by any
'+ ~ such claimant notify and permit City
~,
of Dubuque Bridge Commission to con-
duct the defense of such actions, and
provided further than in the event a
Judgment is entered against the City
of Dubuque, Iowa, the City of Du-
buque Bridge Commission may take
all necessary and proper steps to pre-
sent for and on behalf of the City cf
Dubuque, Iowa, an appeal or appeals
to the proper appellate court or courts
and prosecute in any manner deemed
expedient by it which appeals shall be
prosecuted by the City of Dubuque
Bridge Commission at its own expense.
Should the City be required to in any
manner or degree other than the use
of its name or its officials to prosecute
said defense or appeals, because of the
failure of the City of Dubuque Bridge
Commission to defend said case or
prosecute said appeal, then the City
of Dubuque Bridge Commission agrees
to pay all costs and expenses thereof
including attorney fees.
C-The City of Dubuque Bridge
Commission, its successors and assigns,
at its own expense, hereby agrees to
and shall defend for and on behalf of
the City of Dubuque any and all claims
or shits, at law or in equity, and any
and all other proceedings brought
against the City of Dubuque because
of the enactment of this Ordinance and
of any matters even if such claim or
suit is groundless, false or fraudulent,
and the City of Dubuque Bridge Com-
mission shall have the right to make
such investigation, negotiation, and
settlement of any such claim or suits
as may be deemed expedient by it.
D-The City of Dubuque Bridge
Commission, its successors and assigns,
agrees to and shall pay any and all
claim allo~ved against the City of Du-
buque with legal interest thereon, to
pay any and all judgments rendered
against the City of Dubuque with legal
interest thereon, together with any and
all court costs, and any and all costs
and expenses incurred by the City of
Dubuque in connection with such claims
or shits, including all premiums on any
appeal bonds, but excluding attorney
fees if the Commission defends said ac-
tions by its own attorneys at its own
expense. All such payments are to be
made when the claims are finally al-
lowed and when judgments are finally
entered, costs are to be paid when
statement therefor is rendered.
Section 8. Nothing contained in this
Ordinance or any paragraph, subdi-
vision or part thereof, nor in the ac-
ceptance thereof by the City of Du-
buque Bridge Commission, nor in the
separate agreement of the latter here-
to attached, shall be deemed or con-
strued in any wise to prejudice, affect
or avoid any legal rights of any abut-
ters or other parties interested as to
Special Session, June 24th, 1941.
any claims or rights by way of dam-
ages arising out of or by reason of the
adoption of this Ordinance and for the
construction, operation or maintenance
of the bridge therein referred to or as
to damages arising out of claims based
on property rights which may be affect-
ed by reason of such bridge construc-
tion.
The grant under this Ordinance is
conditioned upon and subject to the
undertaking entered into by acceptance
hereof, on the part of the City of Du-
buque Bridge Commission to provide
adequate public road, cement paved,
running parallel with Dodge Street
and from 1•ocust Street east to Harri-
son Street in said City, as shown by
Plan and elevation Sheet No. 1, ex-
cept as to the plaza at Locust and
Dodge Streets which shall be construct-
ed either in accord with General Plan
& elevation Sheet No. 1 or in accord
with alternative plan therefor which is
attached to said General Plan.
All streets and sidewalks, in so
far as the surface is concerned, are
to be placed in substantially the same
condition they were in when the work
on the approach was started.
Section 9. The City of Dubuque
Bridge Commission shall execute a
Bond to the City of Dubuque condition-
ed for the payment of not less than
$50,000.00, said bond to indemnify and
hold the City of Dubuque harmless
from any and all damages, loss, judg-
ments and costs which may arise, oc-
cur or be sustained by said City of
Dubuque by reason of all of the mat-
ters and things granted and permitted
by and under the terms of this Ordi-
nance, and especially because of the
construction and maintenance of the
bridge and approach thereto and relat-
ed improvements pursuant to the right
of way, change of grade, easement and
all other matters and things granted
by the terms of this Ordinance. Said
bond is to be approved by the City
Council. This bond is to run until
six months after the completion of
the bridge.
Section 10. If any section, para-
graph, clause or provision of this Or-
dinance should be held invalid, the
invalidity of such section, paragraph,
clause or provision shall not affect any
of the other provisions of this Ordi-
nance.
Section 11. All Resolutions and Or-
dinances and parts of Resolutions and
Ordinances in conflict herev~ith are
hereby repealed to the extent of such
conflict.
Section 12. This Ordinance being
deemed urgent shall become effective
upon its final passage, adoption and
155
approval by the City Council and pub-
lication as provided by law, and the
rights hereunder shall accrue to the
City of Dubuque Bridge Commission,
its successors and assigns, when this
Ordinance has been accepted by said
Commission, which acceptance shall
be endorsed hereon and when the cost
and expense of publishing the same has
been paid by said Commission.
Passed upon first and second read-
ings, this 16th day of June, 1941.
Passed, adopted and approved upon
final reading this 24th day of June,
1941.
FRANK VAN DUl~I,MAN,
IVlayor.
F. ~V. THOMPSON,
AL,BI;RT WHARTON,
B. A. SCHU~I,I,I;R,
G)~O. R. MURPHY,
Councilmen.
Attest: J. J. SHIaA, City Clerk.
ACCEPTANCE BY CITY OF
DLTBiTQUE BRIDGE
COMMISSION
City of Dubuque Bridge Commis-
sion does hereby accept all the terms,
provisions and conditions of the Or-
dinance adopted by the City Council
of the City of Dubuque, Iowa, entitled
"An Ordinance Granting City of Du-
buque Bridge Commission, its succes-
sors and assigns, Right of Way and
basement for Bridge and Approach
Across and Along Certain Streets, Al-
leys, Levee and Public Property in the
City of Dubuque, Iowa, Including the
Right to Obstruct Passage at Cer-
tain Street Intersections and the
Right to Cross over Other Streets,
Alleys, Levee, Dock Property and oth-
er Public Property, and the Granting
of Permission to Build a Highway
Bridge and an Approach Thereon and
the Right to Place all Necessary Piers,
Footings, Pilings, and other Structures
Necessary Therefor in the Streets, Al-
leys, Levee, Dock and Dock Board
Property, and Providing for Change
of Grade on Dodge and Locust Streeets
Near the Intersection of said Streets
in the City of Dubuque, Iowa, and
Granting the City of Dubuque Bridge
Commission, its Agents, employees
a.nd Contractors the Right_ to Use
Dodge Street During Construction of
said Bridge and its Westerly Approach
for the Purpose of Conveying, Placing,
Handling and Temporarily Storing
Materials, Implements and Machinery,
and also Granting the Right to Block
Off Traffic from Certain Parts of
Dodge Street, City of Dubuque, Iowa,
during Construction of said Bridge,
and its Westerly Approach, and Pro-
viding the Terms and Conditions there-
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156 Special Session, June 24th, 1941.
of" being Ordinance No. 17-41, and the
said Bridge Commission does hereby
agree to comply with all the terms and
conditions of said Ordinance, including
the placing of an indemnifying bond
with the City of Dubuque.
CITY OF DUBUQUE
BRIDGE COMMISSION,
By
CHARL,FS T. I,ANDO Chairman.
CHARI,FS G. KRFTSCHMFR,
Secretary.
Seal of City of Dubuque
Bridge Commission.
Published _ officially ain The Tele-
grapli-Herald newspaper this 26th day
of June, 1941. SH$A,
J• J•
6-26-1t. City Clerle.
Councilman Murphy moved the adop-
tion of the ordinance. Seconded by
Councilman Wharton. Carried by the
following vote:. Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of D. F. Cupps et al ob-
jecting to Alfred Polsean staking cows
and calves about their neighborhood
and creating a public nuisance with the
bellowing and bawling during the day
and night, presented and read. Mr.
ZVilliam Oliver addressed the Council
in support of the petition and request-
ed that some action be taken to abate
the nuisance complained of in their
petition. Councilman Thompson mov-
ed that the petition be referred to the
City Manager and City Solicitor for
investigation and report. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Navy-None.
Communication of May Clark, Li-
brarian, submitting enclosed budget
adopted at the Board meeting in June
for library maintenance in the amount
of $34,930.00 for the fiscal year 1942-
43, presented and read. Councilman
Murphy moved that the communica-
tion and budget be referred to the
Council for their consideration at the
time that the tax levy is being consid-
ered by the Council. Seconded by
Councilman Schueller. Carried by the
follov~~ing vote: Yeas-Mayor Van
Duelman, Councilman Murphy, Schuel-
ler, Thompson, Wharton, Nays-None.
Communication of the Board of Fire
Pension and Retirement System cer-
tifying the amount of $25,906.00 as the
budget requirements for the fiscal year
1942-43, presented and read. Council-
man Murphy moved that the communi-
cation be referred to the Council for
their consideration at the time tha
the tax levy is being considered by the
Council. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Communication of the Board of Po-
lice Pension and Retirement System
certifying the amount of $15,912.00 as
the budget requirements for the fiscal
year 1942-43, presented and read. Coun-
cilman Murphy moved that the com-
munication be referred to the Council
for their consideration at the time that
the tax levy is being considered by the
Council. Seconded by Councilman
Wharton. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, tiVharton. 1Vays-None.
Petition of Junior Chamber of Com-
merce requesting permission for the
holding of a street parade on Friday
night, June 27th, 1941, presented and
read. Councilman Schueller moved
that the request be granted. Seconded
by Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Petition of Perfection Oil Company
requesting permission to erect a sign
standard at the curb on corner of
Third & Locust Streets, presented and
read. Councilman Schueller moved
that the petition be referred to the
Council to view the grounds. Second-
ed by Councilman Murphy. Carried
by the following vote: Yeas-Mayor
Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. IQays
-None.
Petition of Mrs. Susie Hanson and
Franlc Riniker requesting the construc-
tion of a sanitary sewer in Plum Street
from Rush Street to the rear of the
lots fronting on Cleveland Avenue,
presented and read. Councilman
Schueller moved that the City Mana-
ger be instructed to prepare a plat and
schedule showing the cost to be as-
sessed against the abutting property
for the construction of the sanitary
sewer in Plum Street as asked for in
the petition. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-D2ayor Van Duelman
Councilmen Murphy, Schueller,
Thompson; Wharton. Nays-None.
Petition of The Dubuque Golf Club re-
questing permission to have a small
display of harmless fireworks on July
4th, 1941, on the Golf Grounds, pre-
sented and read. Councilman Whar-
ton moved that the request be grant-
ed. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
t Wharton. Nays-None.
Special Session, June 24th, 1941.
157
Petition of the Chicago, Milwaukee
St. Paul and Pacific Railroad Com
pany requesting permission for to con
struct and carry their proposed rail
road tracks across the "B" Brancl
sewer in the vicinity of 18th and Syca~
more Streets, presented and read. Coun~
Gilman Thompson moved that the pe-
tition be referred to the Council tc
view the grounds. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Petition of St. Patrick's Church, ~p-
worth, Iowa, requesting permission to
suspend a banner across Main Street
between $ighth and Ninth Streets, pre-
sented and read. Councilman Whar-
ton moved that the request be granted,
the City Manager to set the time for
the placing of the banner and that the
erection of the banner be done under
the supervision of the Building Com-
missioner, Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Proofs of publication, certified to by
the publishers, of a statement of re-
ceipts and also a list of claims for
which warrants were drawn during the
month of Itlay, 19-41, presented and
read. Councilman Murphy moved that
the proofs of publication be received
and filed. Seconded by Councilman
Thompson. Carried by the following
vote: Yeas-Mayor Van Duelman,
Cotncilmen Murphy, Schueller,
Thompson, Wharton. Nays -None.
Dubuque, Iowa.
June 16th, 1941.
ti
To the Honorable Mayor
and Members of the City Council
Dubuque, Iowa.
Gentlemen:
In accordance with the provisions
of Chapter 289 of the State Code of
Iowa, 1939, Section 5696-d1, the Civil
Service Commission conducted a pro-
motional examination as of April 30th,
1941, for those seeking promotions oii
the Fire Department.
The following are those who passed
with the highest averages. All promo-
tions on the Fire Department should
be made from this list.
Eligible List for Promotion to Engineer
Fire Department
Name Average
Eldon H. Strohmeyer ________75.00%
Ben O'Leary _________________73.00%
Ray A. Slaght ________________72.00%
Eligible List for Promotion to
Lieutenant®Fire Department
Name Average
Tiayhew Bennett ____________72.00%
tiVm. 1~, Blaser ________________71.00%
Vincent 1~. Kluclc ____________71.00%
John F. IVScCann______________71.00%
JOHN SCHA~TZLI~,
Chairman.
C. S. HARK$R,
FRANCIS P. QUINN, M. D.
Commissioners.
J. J. SH$A, Clerk.
Councilman Murphy moved that the
report of the Civil Service Commission
be received and made a matter of rec-
ord. Seconded by Councilman Schuel-
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nays-None.
June 18, 1941.
In Re: Claim of Eugene Eassler
Honorable Nlayor and
Members of the City Council,
City of Dubuque, Iowa.
Gentlement:
tiVith reference to the above claim,
from the facts set forth in the letter
of the Claimant I am of the opinion
that this accident happened because
of his negligence, and, that therefore.
there is no liability on the part of the
City, and the claim should be denied.
Respectfully submitted,
JOHN J. KINTZING~R,
City Solicitor.
Councilman Schueller moved that
the recommendation of City Solicitor
Kintzinger be approved and that the
claim of Dugene Basler be disallowed.
Seconded by Councilman Murphy. Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Dlurphy, Schueller, Thompson, Whar-
ton. I\Tays-None.
June 24, 1941.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The Planning and Zoning Commis-
sion respectfully recommends denial of
the petition of Albert Domenig et al,
asking for rezoning of the property
bounded b<< Lincoln Avenue, Johnson
Street, Kniest Street and Troy Street
from Two Family to Multiple Resi-
dence Classification.
All lots in the area in question ex-
cept the Ruff property have approxi-
mately 25 feet frontage by 100 feet
depth and such 2,500 sq. ft. lots would
not qualify under area regulations pre-
scribed by the Zoning Ordinance for
Multiple Residence Classification.
Respectfully submitted,
R. V. McKAY, Secy.
Planning and Zoning Commission.
Councilman Murphy moved that the
recommendation of the Planning and
Zoning Commission be approved. Sec-
onded by Councilman Thompson. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None. June 24, 1941.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlement:
With regard to the attached petition
of Eugene F. Hickey et al, asking re-
zoning of South 49 feet of Lots 4, 5
and 6 of City Lot 724 from Two Fam-
ily to Multiple Residence Classification,
the Planning and Zoning Commission
respectfully recommends denial of the
petition as drawn, as it is contrary to
good zoning policy to rezone a single
piece of property. A petition calling
for the rezoning of the entire Cardiff
St. area to include the Hickey ,property
and all the rest of Sub of Out Lot 724
would receive the favorable recom-
mendation of the Planning and Zoning
Commission.
Respectfully submitted,
R. V. McKAY, Secy.
Planning and Zoning Commission.
Councilman Thompson moved that
the recommendation of the Planning
and Zoning Commission be approved.
Seconded by Councilman Murphy. Car-
ried by the following vote: Yeas -
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Resolution and application for authority
to levy an emergency tax for the
City of Dubuque.
Whereas, The City Council of the
City of Dubuque has made a compila-
tion of the expenses which will be in-
curred during the fiscal year beginning
April 1, 1942, and ending March 31,
1943, including the payment of prin-
cipal and interest upon outstanding
indebtedness, and tax levies for the
various funds and purposes have been
determined; and
Whereas, A serious effort has been
made to keep operating costs as low as
is consistent with good government;
and
tax levy and the revenues derived from
such taxes are pledged to the payment
of such bonds, as to principal and in-
terest; and
Whereas, Payments of $53,000.00 in
principal, and of $11,020.00 in interest
are to be made during the fiscal year
beginning April 1, 1942, and ending
March 31, 1943, from the funds em-
braced in the consolidated tax levy;
and
Whereas, The inadequacy of the rev-
enues for ordinary purposes remaining
after the payment of such principal
and interest constitutes n emergency
which requires the levy of an emer-
gency tax of one (1) mill to be abso-
lutely necessary;
Now, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, that the State Comptroller be
and he is hereby requested to author-
ize and approve the levy of an emer-
gency tax in the year 1941 to be ap-
proximately $34,639.00, the same to be
used in supplementing the funds re-
quired fo~_ debt service and in the man-
ner provided by law.
The foregoing resolution was adopt-
ed at a special meeting of the City
Council of the City of Dubuque on the
24th day of June, 1941,
FRANK VAN DUFLMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUFLLFR,
CFO. R. MURPHY,
Councilmen.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Be It Resolved by the City Council
of the City of Dubuque that the fol-
lowing, having complied with provi-
sions of law relating to the sale of cig-
arettes within the City of Dubuque,
be granted a permit to sell cigarettes
and cigarette papers within said City
and the Manager is directed to issue
such permit on behalf of said City.
Whereas, In the past bonds have I Be It Further Resolved that
been issued in anticipation of some of bond filed with the application be
the taxes embraced in the consolidated proved.
--,~
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Special Session, June 24th, 1941,
159
F. W. THOMPSON,
AI,BRRT WHARTON,
B. A. SCHUl;i,i,>~R,
G$O. R. MURPHY,
Councilmen.
Attest: J. J, Shea, City Clerk.
Passed, adopted and approved thi:
24th day of June, 1941,
FRANK VAN DU~I,MAN,
Mayor.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 58-41
Whereas, Application for Class "B"
Beer Permit has been submitted 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 following
application be and the same is hereby
approved and it is ordered that the
premises to be occupied by applicant
shall be forthwith inspected.
Class "B" permit for Private Club
Name address
Dubuque Musicians' Club, 1105 Iowa
Street.
Passed, adopted and approved this
24th day of June, 1941.
FRANK VAN DU1;I,MAN;
Mayor.
F. W. THOMPSON,
B. A. SCHU~I,I,$R,
G1~O. R. MURPHY,
Councilmen.
Attest: J. j. SHRA, City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson. Nays -Councilman
Wharton.
Resolution No. 59-41
Whereas, Heretofore application was
filed by the within named applicant
for Class "B" Permit and has received
the approval of this Council; and
Whereas, The premises to be occu-
pied by such applicant have been in-
spected and found to comply with the
ordinances of this City and a proper
bond has been filed: Now, Therefore,
Be It Resolved by the Council of
the City of Dubuque that the Manager
be and he is hereby directed to issue
to the following named applicant a
Beer Permit.
Class "B" Permit for Private Club
Name address
Dubuque Musicians' Club, 1105 Iowa
Street.
Be It Further Resolved that the bond
filed by such applicant be and the same
is hereby approved.
Passed, adopted and approved this
24th day of June, 1941.
FRANK VAN DU~I;MAN,
F. W. THOMPSON, Mayor.
B. A. SCHU1~I,I,];R,
GAO. R. MURPHY,
Councilmen.
Attest: J. J, SHEA,
City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson. Nays-Councilman
Wharton.
Ordinance No. 18-41. An Ordi-
nance amending an Ordinance entitled
"Ordinance No. 9-35," relating to re-
strictions upon the sale of beer and
malt liquors, providing for license fee
by permit holders and the collection
of said fee, providing for the regula-
tion of classes of beer permits and
the requirements to obtain said per-
mits; providing for the limitation of
Class B" Permits; providing for the
enforcement and administration of said
Ordinance; defining certain unlawful
acts relating to the manner of sale,
and distribution of beer and malt
liquors; and to provide penalties for
the violation of the provisions of this
Ordinance; repealing "Ordinance No.
19-38" and "Ordinance No. 7-40" and
all Ordinances in conflict herewith, pre-
sented and read. Councilman Thomp-
son moved that the reading just had
be considered the first reading of the
ordinance. Seconded by Councilman
Murphy. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays -None.
Councilman Thompson moved that the
rules be suspended requiring an ordi-
nance to be read on three separate
days. Seconded by Councilman Mur-
PhY• Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schueller, Thompson,
Wharton. Nay>s-None. The ordinance
16~ Special Session, June 24th, 1941.
was then read a second time. Council-
man Thompson moved that the reading
just had be considered the second read-
ing of the ordinance. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Councilman Thompson moved that the
ordinance be placed on file with the
City Clerk for public inspection for
at least one week before its final adop-
tion. Seconded by Councilman Schuel-
ler. Carried by the followingp vote:
Yeas-Mayor Van Duelman, Council-
men Murphy, Schuelletr, Thompson,
Wharton. Nays-None.
There being no further business
Councilman Thompson moved to ad-
journ. Seconded by Councilman Schue-1
ler. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
ment Murphy, Schueller, Thompson,
Wharton. Nays-None.
' J. J. SHWA,
City Clerk.
Approved ----------------------1941.
Adopted ------------------------1941.
Councilmen: ~_______________________
Attest: -----------•~------------------
City Clerk.
Special Session, June 30th, 1941,
®~
~.
.:
(®fficial)
Special Session, June 30th, 1941.
Council met at 7:45 P. M.
Present -Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton, City Manager
Rhomberg.
Meeting called by order of Council-
men Schueller and Murphy,
Mayor Van Duelman read the call
and stated that service thereof had
been duly made and that this meeting
is called for the purpose of acting upon
resolutions granting cigarette licenses
and beer permits and acting on any
other business as may properly come
before a regular meeting of the Cit}-
Council.
Resolution No. 56-41
Resolution and application for au-
thority to levy an emergency tax for
the City of Dubuque.
Whereas, the City Council of the
City of Dubuque has made a compila-
tion of the expenses which will be in-
curred during the fiscal year beginning
April 1, 1942, and ending March 31,
1943, including the payment of prin-
cipal and interest upon outstanding in-
debtedness, and tax levies for the vari-
ous funds and purposes have been de-
termined; and
Whereas, A serious effort has been
made to keep operating costs as low
as is consistent with good government;
and
Whereas, In the past bonds have
been issued in anticipation of some of
the taxes embraced in the consolidat-
ed tax levy and the revenues derived
from such taxes are pledged to the
payment of such bonds, as to principal
and interest; and
Whereas, Payments of $53,000.00 in
principal, and of $11,020.00 in interest
are to be made the fiscal year April,
1942, and ending March 31, 1943, from
the funds embraced in the consolidated
tax levy; and
Whereas, The inadequacy of the rev-
enues for ordinary purposes remain-
ing after the payment of such princi-
pal and interest constitutes an emer-
gency which requires the levy of an
emergency tax and this Council con-
siders the levy of an emergency tax
of one (1) mill to be absolute neces-
sary;
161
Now, Therefore, Be It Resolved by
the City Council of the City of Du-
buque, that the State Comptroller be
and he is hereby requested to author-
ize and approve the levy of an emer-
gency tax in the year 1941 to be ap-
proximately $34,639.00, the same to
be used in supplementing the funds
required for debt service and in the
manner provided by law.
The foregoing resolution was adopt-
ed at a special meeting of the City
Council of the City of Dubuque on the
24th day of June, 1941.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B, A. SCHL'ELLER,
GEO. R, MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
The above resolution and application
having been filed with the State Comp-
troller, the levy requested is approved
this 26th day of June, 1941.
C. FRED PORTER,
State Comptroller.
Councilman Thompson moved that
the approval of State Comptroller, C.
Fred Porter, be received and made a
matter of record. Seconded by Coun-
cilman Murphy. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Communication of Dubuque Trades
and Labor Congress submitting the
names of Mr. William Markey and
Mr, Edward Gerken for Council con-
sideration on the Library Board pre-
sented and read. Councilman Murphy
moved that the communication be re-
ferred to the Council. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Communication of May Clark, Li-
brarian, calling attention of the Coun-
cil to the fact that the terms of service
of Mrs. R. V. McKay, Mr. M. H.
Czizek and Dr. J, 'C. Hancoclc as mem-
bers of the Library Board expires on
July 1st, 1941, presented and read.
Councilman Murphy moved that the
communication be referred to the Coun-
cil. Seconded by Councilman Whar-
ton. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
ffimen Murphy, Schueller, Thompson,
Wharton. Nays-None.
Communication of Paul J. Corbett,
a member of the Fire Department, ap-
plying for a leave of absence during
162 Special Session, June 30th, 1941.
the duration of his army service pre-
sented and read. .Councilman Thomp-
son moved that the application be
granted and made a matter of record.
Seconded by Councilman Murphy. Car-
rie by the following vote: Yeas-May-
or Van Duelman, Councilmen Murphy,
Schueller, Thompson, Wharton. Nays
-None.
Petition of A. ~. I,oetscher request-
ing permission to connect I,ot 2 of 1
of Fremont Avenue Subdivision with
the existing sewer on Fremont Avenue
if it is possible to do so and if not he
would like to be informed what other
arrangements could be made for the
making of sewer conections presented
and read. Councilman Wharton mov-
ed that the petition be referred to the
City Manager for investigation and
report. Seconded by Councilman
Schueller. Carried by the following
vote: Yeas-Mayor Van Duelman,
Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Communication of Dubuque Park
Board certifying the amount of $24;
059.37 as the amount required for park
purposes for the fiscal year 1942-43
presented and read. Councilman Mur-
phy moved that the communication be
referred to the Council for their con-
sideration at the time that the tax levy
is being considered by the Council.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thomson, Whar-
ton. Nays-None.
Dubuque, Iowa.
June 24th, 1941.
To the Honorable Mayor
and 11lembers of the City Council,
Dubuque, Iowa.
Gentlemen:
In accordance with the provisions of
Chapter 289 of the State Code of Iowa,
1939, the Civil Service Commission con-
ducted a competitive examination for
eligible list for appointment to the posi-
tion of Garage Mechanic, said exam-
ination being held on April 14th, 1941.
The following list shows the names
of those who passed the examination
with an average of 70% or better:
Name Average
Herman J. Burdt ______________76.00%
Paul J. Meyers ______________75.25%
Tom B. Winders ______________73.75%
Respectfully submitted,
JOHN SCHAFTZI,~,
Chairman.
C. S. HARKBR,
FRANCIS P. QUINN, M. D.,
Commissioners.
J. J. SHFA, Clerk.
Subscribed and sworn to before me
this 24th day of June, 1941.
GBRAI,DIN$ I,. DBMKIER,
Notary Public.
Councilman Thompson moved that
the report of the Civil Service Com-
mission be received and made a matter
of record. Seconded by Councilman
Murphy. Carried by the following vote:
Yeas-Mayor Van Duelman, Council-
men Itlurphy, Schueller, Thompson,
Wharton. Nays-None.
June 30th, 1941.
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
This is advise that on June 26th Mr.
Clifford Harker made application for
renewal of his Cigarette Permit at 951
Main Street and paid $100.00 which
was turned over to the City Treasurer
and a receipt written for same on that
date. Now Mr. Harker has decided
to withdraw his application and desires
a refund of the $100.00. It will be nec-
essary that the Council order a refund
in the amount of $100.00 to Mr. Clif-
ford Harker since no permit has been
issued.
Respectfully submitted,
G. I,. DFZVIKI$R,
Secy. to City Manager.
Councilman Wharton moved that
iVir. Clifford Harker be granted a re-
fund in the amount of $100.00 as pay-
ment made upon application fora cig-
arette permit and that the City Audi-
tor be instructed to draw a warrant in
the amount of $100.00 in favor of NIr.
Clifford Harker to cover the amount of
refund granted. Seconded by Coun-
cilman Schueller. Carried by the fol-
lowing vote: Yeas-Mayor Van Duel-
man, Councilmen Murphy, Schueller,
Thompson, Wharton. Nays-None.
Resolution No. 60-41
Whereas, Lots 79 and 80 in West
View Subdivision in the City of Du-
buque, Dubuque County, Iowa, were
sold on Febn~ary 3, 1936, to Dubuque
County, Iowa, by the County Treasurer
of Dubuque County, Iowa, for delin-
quent taxes and unpaid taxes against
the real estate for the years 1928 to
193-1, inclusive, and
Whereas, The said Dubuque County,
Iowa, desires to sell the above describ-
ed real estate to Al Didesch for $250.00,
and
Whereas, The sale of said property
by Dubuque County, Iowa, to AI
Didesch for a sum less than the total
amount stated in the Tax Sale Certifi-
cate including all endorsements of sub-
T
Special Session, June 30th, 1941.
163
Sequent general taxes, interests and
costs requires the written approval of
a majority of all the tax levying and
tax certifying bodies having any in-
terest in said general taxes; Now,
Therefore,
Be It Resolved by the City Council
of the City of Dubuque, Iowa, that the
sale of said property to Al Didesch
for the sum of $250,00 in cash, be and
the same is hereby authorized and ap-
proved.
Passed, Adopted and Approved this
30th day of June, 1941.
FRANK VAN DUI~I,MAN,
Mayor.
F. W. THOMPSON,
AI,B~RT WHARTON,
B. A. SCHURL,I,);R,
GRO. R. MURPHY,
Attest: J. J. SHWA, City Clerk.
Councilman Wharton moved the
adoption of the resolution. Seconded
byCouncilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No. 61-41
Whereas, The South One-Third of
I,ot 2 of the Subdivision of I,ot 73
of Glendale Addition in the City of
Dubuque, Dubuque County, Iowa, was
sold on February 3, 1936, to Dubuque
County, Iowa, by the County Treasur-
er of Dubuque County, Iowa, for de-
linquent taxes and unpaid taxes against
the real estate for the years 1931 to
1934 inclusive, and
Whereas, The North One-Third of
I,ot 3 of the Subdivision of I,ot 73 of
Glendale Addition in the City of Du-
buque, Dubuque County, Iowa, was
sold on January 4, 1937, to Dubuque
County, Iowa, by the County Treasur-
er of Dubuque County: Iowa, for de-
linquent taxes and unpaid taxes against
the real estate for the years 1933 to
1935 inclusive, and
Whereas, The said Dubuque County,
Iowa, desires to sell the above describ-
ed real estate of Fred I,aunspach for
$80.00, and
Whereas, The sale of said property
by Dubuque County, Iowa, to Fred
I,aunspach for a sum less than the to- I
tal amount stated in the Tax Sale
Certificate including all endorsements
of subsequent general taxes, interests
and costs requires the written approval
of a majority of all the tax levying and
tax certifying bodies having any inter-
est in said general taxes, Now, There-
fore,
Be It Resolved by the City Council
of the City of Dubuque, Iowa, that
the sale of said property to Fred I,aun-
spach for the sum of $80.00 in cash, be
and the same is hereby authorized and
approved.
Passed, Adopted and Approved this
30th day of June, 1941,
FRANK VAN DU$I.,MAN,
Mayor.
F. W. THOMPSON,
AIrBJ~RT WHARTON,
B. A. SCHUEI,L,>:R,
G>;O. R. MURPHY,
Attest: J. J. SHWA, City Clerk.
Councilman Murphy moved the adop-
tion of the resolution. Seconded by
Councilman Thompson. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Navs-None.
Resolution Na, 62-41
Be It Resolved by the City Coun-
cil of the City of Dubuque that the
following, having complied with pro-
visions 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.
Nazne Address
Thompson & Hogan (F. W. Thomp-
son), 55 Locust Street; Al. Finch, 1347
Central Avenue; George Miller, 400
Central Avenue; A. G. Peryon, 257
Righth Avenue; Thompson & Hogan
(Vincent J. Hogan), 231 West 2nd
Street; United Cigar-Whelan Stores
Corporation, 805 Main Street; Hartig.
Drug Company, 2376 Central Avenue;
Hartig Drug Company, 756 Main
Street; Hartig Drug Company, 97 Lo-
cust Street; Timothy O'Regan, 1052
Julien Avenue; J, G. Corbett, 1500
Central Avenue; George Stavros, 1564
Central Avenue; Raymond J. Stoltz
and George J. Zillig, 234 West 9th
Street; Morris Blum, 700 Rast 16th
Street; Daniel McDonald, 216 West
1st Street; Carl Baumgartner and John
Baumgartner, 1543 Central Avenue;
Paul J. Meyer; 532 bast 22nd Street;
Frank J. Weber, 189 Locust Street;
Mike Sand, 2498 Central Avenue; The
Great Atlantic & Pacific Tea Co., 13th
8r Iowa Streets; Joseph J. Machinek,
1399 Jackson Street; Amer R. Brad-
ley, 2117 University Avenue; Wm. C.
I,eik, 501 Rhomberg Avenue; George
Nardin, 1105 Julien Avenue; Joseph J.
Weiner and l;velyn Weiner, 709 Julien
Avenue; Walgreen Company, 813 Main
Street; Merlin Apel, 1205 Cleveland
Avenue; Dominick Gala, 1563 Central
Avenue; Mrs. Cecelia Weber, 998 Cen-
lb4 Special Session, June 30th, 19410
tral Avenue; Roshek Bros. Company,
700-798 Locust Street; The Dubuque
Club 9th & Main Streets; Dubuque
Metal Trades Council Club, 290 West
4th Street; John Hochberger, 1701 As-
bury Street; American Legton, Du-
buque Post No. 6, 494 Matn Street;
Klauer-Julien Hotel Company, 2nd $z
Iviain Streets; Millard Poquette, 923
Main Street; E. P. Kretz, 598 Main
Street; Leo V. Cunningham & J. M.
Thompson, 263 West 1st Street; Jos.
W. Hanten and Virginia Hanten, 2220
Delhi Street; B.P.O. E. Lodge No. 297,
7th & Locust Streets; NI. J. Ludwig,
1545 So. Grandview Avenue; Amer
Eppler, 1 Locust Street; Knights of
Columbus, Council No. 510, 781 Locust
Street: George Deyoe, 469 A'Iain Street;
Nlrs. Cora Eichhorn, 1171 Iowa Street;
R. D. Hughes and R. D. Hughes, Jr.,
1006 Central Avenue; Mrs. F. K. Wille,
2678 Central Avenue; Ray Nicks, 521
East 22nd Street; Frank McLaughlin
and Anna McLaughlin, 115 Fast 22nd
Street; Carl Van Duelman, 590 Sem-
inary Street; Andrew Iiarigan, 401
Central Avenue; Andrew Karigon, 720
Main Street; Roy A. Wright, 2600
Central Avenue; Clarence C. Buelow,
1555 So. Grandview Avenue; Harry
Grode, 1643 Central Avenue; Geo.
Ragatz, Jr., 1906 Central Avenue; A.
R. Uppinghouse, 238-40 tiVest 6th
Street; Fraternal Order of Eagles \TO.
568, 6th & Locust Streets; Lester A.
Wieser, 1944 Central Avenue; Jacob
Hedrick, 1236 Iowa Street; Page Hotel
Co. (Karl J. Page), 73-75 Fast 4th
Street; Joseph Walsh and Helen tiValsh,
21 tiVest 7th Street; Arthur Herber,
2319 Prince Street; Gust Billis, 605
Main Street; Joseph J. Siege, Jr. &
Ferdinand W. Kenniker, 2401 Windsor
Avenue; John Schaetzle, 2162 Central
Avenue; Arthur J. Trapp, 1266 Central
Avenue; Eugene P. McCann, 802 Iowa
Street; Peter Petrakis, 1401 Central
Avenue; The Interstate Company, Il-
linois Central Depot; Joseph C.
Schneider, 2900 Central Avenue; J. F.
Stampfer Co., 800 Main Street; Veter-
ans of Foreigns Wars Club, Leo A.
Schwind Post No. 508, 243 West 10th
Street; Dubuque Packing Company-
Retail Store, 16th R Sycamore Streets;
Charles Pochter, 342 Eighth Avenue;
«Tm. Wagner, 1501 Rhomberg Avenue;
Morris B. Flick, 5 Fighth Avenue;
F. H. Cooper and F. A. Lambe, 250
Nest 6th Street; Wm. F. Wodrich,
1101 Rhomberg Avenue; Diamonds
Grill, Inc. 900-910 Main Street; Leon-
ard Schuster, 2656 Lincoln Avenue;
Mrs. Emma Zillig, 2222 Central Ave-
nue; A. J. Ender, 2311 Windsor Ave-
nue; A. J. Ender, 1703 TZaple Street;
Dubuque Lodge No. 355, Loval Order
of Moose, 1379 Central Avenue; Rich-
ard Hogan, 1804 Central Avenue; F.
H. Lenstra, 127 Vrest 6th Street; Mrs.
N. B. Joseph, 120 Nest 1st Street;
Mrs. Anna Heiar, 1900 Washington
Street; John Stemm, 1298 Main Street;
Louise 112. Haas, 2510 Central Avenue;
George J. Scherer, 1187 Iowa Street;
William Maas, 1401 Elm Street; John
Beerman, 2776 Jackson Street; B, A.
Ruegnitz, 629 Rhomberg Avenue; The
Service Club, 951% Main Street; Amy
Haley, 815 West 5th Street; Robert
J. Quinlan, 1091 White Street; Thos.
P. Sullivan, 620 So. Grandview Ave-
nue; B. L. Baumhover, 1040 Julien
Avenue; Merchants Hotel (Jos. J.
Bertsch), 304-326 Main Street; Anton
Portman, 253 1~Iain Street; L. A. Frey-
man and S. P. Wright, 332 Eighth
Avenue; Ann Haley Hoppman, 623
Alain Street; Dale Duncan, 155 West
11th Street; Joseph J, Ott, Jr., 2003
Washington Street; Nicholas Steffen,
1369 Central Avenue; Ray Irwin, 101
Niain Street; Edmund N. Nlanders,
1001 Rhomberg Avenue; James and
Persis Donahoe, 576 Central Avenue;
Charles T. Snyder, 543 Eighth Ave-
nue; Wm. T. Potterveld and F. C. Pot-
terveld, 1687 Delhi Street; Mrs. Ethel
Barrett and Charles Barrett, 2401 Jack-
son Street; Theodore Anthony, 1179
Iowa Street; Charles Falkenhainer,
1097 Julien Avenue; Harry J. Jac-
quinet, 1850 Central Avenue; Arthur
Pins, 408 West Locust Street; Arthur
H. Eichman, 2119 Rhomberg Avenue;
John C. Beck, 1501 Central Avenue;
Kermit Meyers and Thomas Lilly, 714
Main Street; Mrs. Melita Chase, 1322
Central Avenue; Steve Koleopoulos,
493 Nlain Street; Bert Zelens, 401 Main
Street; Mrs. Bernice Galle, 241 1Vlain
Street; Hubert J. Kress, 1382 Central
Avenue; Charles R. Nelson, 431 Rhom-
berg Avenue; William H. Pfeffer, 1048
Main Street; Carl J. Moes and An-
thony W. Moes, 698 Central Avenue;
Mrs. M. L. Harwood, 1875 Julien Ave-
nue; Fred Herber and Annabelle Her-
ber, 1638 Central Avenue; Wm. Van
der Meulen and Sophia McMann, 2327
Central Avenue; Wm. Horne, 400
Rhomberg Avenue; Dell Warren and
Ralph \Varren, 1700 Central Avenue;
Charles Petrakis, 1958 Central Avenue;
Frank Reis, 509 Eighth Avenue; F. W.
Childers, 3203 Jackson Street; Leo
Link, 1487 Central Avenue; Hubert
Ad. Fischbach and Mae Fischbach, 1255
Central Avenue; Wm. J .Clesen, 1097
Tackson Street; Henrv C. Braun, 1415
Rhomberg Avenue; Mae Keller and
Ruth Keller Motz, S.W. Corner 4th
R Central Avenue; Harry N. Gantert,
1301 Rhomberg Avenue; Robert Mc-
Farlane, 1798 Central Avenue; Nor-
bert AV. Brodeur, 1080 Julien Avenue;
John Luber, 2417 Rhomberg Avenue;
J. L. Spielman, 601 Rhomberg Ave-
nue; Phillip Mihalakis, 1698 Ivlaple
Street; Millard Poquette, 951 Main
Street; Geo. C. Kruse, 2418 Central
Avenue; M. B. Olansky, 630 Locust
Street; Clifford Kohler, et al. (The
T
Special Session, June 30th, 1941.
Fountain Cafe), 351 Eighth Avenue;
John J. Callahan, 378 Main Street;
Theodore T. Kies, 1362 Central Ave-
nue; Triangle Cafe, 926 Main Street;
Alphonse Boge, 2026 Central Avenue;
~. ~. 1~IcDonald, 2922 Central Avenue;
Milton J. Kalmes, 1085 Julien Avenue;
Frank Spielman, 1654 Central Avenue.
Be It Further Resolved that the
bonds filed with the applications be
approved. Passed, adopted and ap-
proved this 30th day of June, 1941.
FRANK VAN DUELMAN,
Mayor
F. W, THOMPSON,
ALBERT WHARTON,
B. A, SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J, J. SHEA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-Noce.
Resolution No. 63-41
Whereas, Applications for Beer Per-
mits have been submitted to this Coun-
cil for approval and the same have
been examined: 1~?ow, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the following ap-
plications be and the same are hereby
approved and it is ordered that the
premises to be occupie~t by such ap-
plicants shall be forthwith inspected.
Class "B" Permit
Name Address
Anton Fortmann, 253 Main Street;
Andrew D. Karigan and Violet Kari-
gan, 720 plain Street; Joseph J. Mach-
inek, 1399 Jackson Street; Frank Mc-
Laughlin and Anna McLaughlin, 115
East 22nd Street; Walter Mengis and
Mathilda 11~lengis, 1618 Central Avenue;
Daniel McDonald and Loretta McDon-
ald, 216 West 1st Street; Albert M.
Meyer, 130 Eighth Avenue; Millard
Poquette and Lucille Poquette, 923
Main Street; Thomas R. Peed and
Kathryn Peed, 236 Nest 7th Street;
Karl J. Page, 73-75 East 4th Street;
John S Mayerle and Florence Mayerle,
116 West 6th Street; Timothy O'Re-
gan and Louise O'Regan, 1052 Julien
Avenue; Michael B. Schnee and So-
phie Schnee, 37 Eighth Avenue; An-
drew Schiltz, 1540 Central Avenue;
ZVilliam Savary and Viola Savary, 827
Dodge Street; Mike Sand and Marie
Sand, 2498 Central Avenue; Albert J.
Vo~elsberg, 29 Eighth Avenue; Frank
J. Weber and Tillie Weber, 189 1 0-
cust Street; Klauer-Julien Hotel Co.,
lb5
~ Second & Nlain Streets; Nick Weber
and Cecelia Weber, 998 Central Ave-
' nue; William E. Wodrich and Anna
Wodrich, 1101 Rhomberg Avenue;
Wm. Carl Wallig, 1736 Central Ave-
nue; H. A. Rawson and Grace Raw-
son, 342 Main Street; Frank Reuter
and Clara Reuter, 2616 Windsor Ave-
nue; Raymond J. Stoltz and George J.
Zillig, 234 West 9th Street; Clarence
C. Buelow and Adele Buelow, 1555 So.
Grandview Avenue; William Maas,
1401 Elm Street; Chris Capretz and
Wm. Lembke, 2595 Rhomberg Ave-
nue; John D. Flynn and Gussie Flynn,
450 Nest Locust Street; Amer Eppler
and Eileen Eppler, 1 Locust Street;
Fred H. Cooper and Frank A. Lambe,
250 West 6th Street; Leo V. Cunning-
ham and John M. Thompson, 263
Nest 1st Street; Theodore ~. An-
thony and Lillian B. Anthony, 1179
Iowa Street; Jos. J. Bertsch and A. J.
Berntgen, 304-310 Main Street; Lloyd
Bowman aud. Frances Bowman, 2108
Central Avenue; Frank H. Berntgen
and Dorothy Berntgen, 2186 Central
Avenue; George J. Scherer and Em-
ma Scherer, 1187 Iowa Street; Charles
Pochter and Ruth Pochter, 342 Righth
Avenue; John Beerman and Mathilda
Beerman, 2776 Jackson Street; John
Stemm and Alberta Stemm, 12Q8 Main
Street; Robert J, Quinlan, 1091 White
Street; Arthur Herber and Theresa
Herber, 2319 Prince Street; Lawrence
Tibesar and Lorene Tibesar, 2361
Washington Street; Dominick Gala
and Alice Gala, 1563 Central Avenue;
R. D. Hughes and R. D. Hughes, Jr.,
1006 Central Avenue; Mrs. Bernice
Galle, 241 IVlain Street; George Kan-
avas, 1689 Elm Street; Steve Koleopu-
los, ~3 Main Street; William Horne
and Mary Horne, 400 Rhomberg Ave-
Hubert J Kress and Mary Kress, 1382
Central Avenue; Carl J. Moes and An-
thony ~V. Moes, 698 Central Avenue;
Roy Ney, 2991 Central Avenue; Nick
1Zrathier and Marie A. ~Vathier, 678
Central Avenue; Harvey L. Spielman,
185 Main Street; Charles T. Snyder
and Elsie Snyder, 543 Eighth Avenue;
~~rm. F. Van der Meulen and Sophie
1\1cDlann, 2327 Central Avenue; Louis
A. ~\rriaht and Raymond. P. Wright,
1828 Central Avenue; Frank Sand and
Elsie Sand, 103 East 22nd Street; Nich-
olas F. Steffen and Beatrice Steffen,
1369 Central Avenue; James M. Don-
ahue and Persis Donahue, 576 Central
Avenue; Charles S. Dugan and Mav
E. Dugan, 390 East 12th Street; Wil-
liam W. Casley and Maggie Coslev,
1121 Julien Avenue; Frank W. Child-
ers and Rosella Childers, 3203 Jackson
Street; Norhert W. Brodeur and Cath-
erine Brodeur, 1080 Julien Avenue;
Frank Klein and Anna Klein, 600 Cen-
tral Avenue; John A. Stieber and Elsie
Ctieber, .3165 Central Avenue; John
Grommersch and Frances Grom-
mersch, 55 East 7th Street.
4~~Twt~„t.',
.i~i~~l i
e"l. ii
jt
~'
""
,;«=;.
166 Special Session, June 30th, 1941,
Class "B" Permit for Private Club
Name Address
Fraternal Order of Orioles, Lodge
No. 11, 16th & Central Avenue; The
American Legion, Dubuque Post No.
6, 498 Main Street; The Dubuque Club,
9th & Main Streets; B. P.O.F., Du-
buque Lodge No. 297, 7th & Locust
Streets; Fraternal Order of Eagles,
Aerie No. 568, 6th & Locust Streets;
The Service Club, 951% Main Street;
Veterans of Foreign Wars, Inc., Leo
A. Schwind Post No. 508, 243 West
10th Street.
Class "C" Permit
Jos. Amodeo, 2601 (Jackson Street;
Arthur W. Pins, 408 West Locust
Street; Roshelc Bros. Company, 700-
798 Locust Street.
Passed, adopted and approved this
30th day of June, 1941.
FRANK VAN DUFLMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUFLLFR,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHFA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Wharton, Carried by
the following vote: Peas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Resolution No, 64-41
Whereas, Heretofore applications
were filed by the within named appli-
cants for Beer Permits and they have
received the approval of this Council;
and
Whereas, The premises to be occu-
pied by such applicants have been in-
spected and found to comply with the
ordinances of this City and they have
filed a proper bond: Now, Therefore,
Be It Resolved by the Council of the
City of Dubuque that the Manager be
and he is hereby directed to issue to
the following named persons a Beer
Permit.
Class "13" Permit
Name Address
Anton Fortmann, 253 Main Street;
Andrew D. Karigan and Violet Kari-
gan, 720 Main Street; Joseph J. Mach-
xnek, 1399 Jackson Street; Frank Mc-
Laughlin and Anna McLaughlin, 115
Fast 22nd Street; Walter Mengis and
Mathilda Mengis, 1618 Central Avenue;
Daniel McDonald and Loretta McDon-
ald, 216 West 1st Street; Albert M.
Meyer, 130 Fighth Avenue; Millard
Poquette and Lucille Poquette, 923
Main Street; Thomas R. Peed and
Kathryn Peed, 236 West 7th Street;
Karl J, Page, 73-75 Fast 4th Street;
John S Mayerle and Florence Mayerle,
116 West 6th Street; Timothy O'Re-
gan and Louise O'Regan, 1052 Julien
Avenue; Michael B. Schnee and So-
phie Schnee, 37 Eighth Avenue; An-
drew Schiltz, 1540 Central Avenue;
William Savary and Viola Savary, 827
Dodge Street; Mike Sand and Marie
Sand, 2498 Central Avenue; Albert J.
Vogelsberg, 29 Fighth Avenue; Frank
J. Weber and Tillie Weber, 189 Lo-
cust Street; Klauer-Julien Hotel Co.,
Second & Main Streets; Nick Weber
and Cecelia Weber, 998 Central Ave-
nue; William F. Wodrich and Anna
Wodrich, 1101 Rhomberg Avenue;
Wm. Carl Wallig, 1736 Central Ave-
nue; H. A. Rawson and Grace Raw-
son, 342 Main Street; Frank Reuter
and Clara Reuter, 2616 Windsor Ave-
nue; Raymond J. Stoltz and George J.
Zillig, 234 West 9th Street; Clarence
C. Buelow and Adele Buelow, 1555 So.
Grandview Avenue; William Maas,
1401 Flm Street; Chris Capretz and
Wm. Lembke, 2595 Rhomberg Ave-
nue; John D. Flynn and Gussie Flynn,
450 West Locust Street; Elmer Fppler
and Eileen Fppler, 1 Locust Street;
Fred H. Cooper and Frank A. Lambe,
250 West 6th Street; Leo V. Cunning-
ham and John M. Thompson, 263
West 1st Street; Theodore F. An-
thony and Lillian B. Anthony, 1179
Iowa Street; Jos. J Bertsch and A. J
Berntgen, 304-310 Main Street; Lloyd
Bowman and Frances Bowman, 2108
Central Avenue; Frank H. Berntgen
and Dorothy Berntgen, 2186 Central
Avenue; George J. Scherer and Fm-
ma Scherer, 1187 Iowa Street; Charles
Pochter and Ruth Pochter, 342 Fighth
Avenue; John Beerman and Mathilda
Beerman, 2776 Jackson Street; John
Stemm and Alberta Stemm, 1298 Main
Street; Robert J. Quinlan, 1091 White
Street; Arthur Herber and Theresa
Herber, 2319 Prince Street; Lawrence
Tibesar and Lorene Tibesar, 2364
Washington Street; Dominick Gala
and Alice Gala, 1563 Central Avenue;
R. D. Hughes and R, D, Hughes, Jr.,
1006 Central Avenue; Mrs. Bernie
Galle, 241 Main Street; George Kan-
avas, 1689 Flm Street; Steve Koleopu-
los, 493 Main Street; William Horne
and Mary Horne, 400 Rhomberg Ave-
Hubert J Kress and Mary Kress, 1382
Central Avenue; Carl J. Moes and An-
thony W. Moes, 698 Central Avenue;
Roy Ney, 2991 Central Avenue; Nick
Wathier and Marie A. Wathier, 678
Central Avenue; Harvey L. Spielman,
185 Main Street; Charles T. Snyder
and Elsie Snyder, 543 Fighth Avenue;
Wm. F. Van der Meulen and Sophie
AlcMann, 2327 Central Avenue; Louis
A. Wright and Raymond P. Wright,
1828 Central Avenue; Frank Sand and
Special Session, June 3~th, 1941.
167
Councilman Murphy moved that
Council recess for the purpose of con-
sidering applications for appointments
as members of the Library Board. Sec-
onded by Councilman Schueller. Car-
ried by the following vote: Yeas-
Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, W har-
ton. Nays-None. Council recessed
at 8:05 P. M. and reconvened at 8:10
P. M.
Councilman Murphy moved that
Mrs. R. V. McKay and Mr. M. H.
Czizek be re-appointed as members of
the Board of Library Trustees and
Elsie Sand, 103 East 22nd Street; Nich-
olas F. Steffen and Beatrice Steffen,
1369 Central Avenue; James N1. Don-
ahue and Persis Donahue, 57b Central
Avenue; Charles S. Dugan and May
E. Dugan, 390 East 12th Street; Wil-
liam W. Cosley and Maggie Cosley,
1121 Julien Avenue; Frank W. Child-
ers and Rosella Childers, 3203 Jackson
Street; Norbert W. Brodeur and Cath-
erine Brodeur, 1080 Julien Avenue;
Frank Klein and Anna Klein, 600 Cen-
tral Avenue; John A. Stieber and Elsie
Stieber, 3165 Central Avenue.
Class "B" Fermit for Private Club
Name Address
Fraternal Order ~f Orioles, Lodge
No. 11, 16th & Central Avenues; The
American Legion, Dubuque Post No.
6, 498 Main Street; The Dubuque Club,
9th & Main Streets; B.P.O.E., Du-
buque bodge No. 297, 7th & Locust
Streets; Fraternal Order of Eagles,
Aerie No. 568, 6th & Locust Streets;
The Service Club, 951% Main Street;
Veterans of Foreign Wars, Inc., Leo
A. Schwind Post No. 508, 243 West
10th Street.
Class "C" Fermit
Jos. Amodeo, 2601 Jackson Street;
Arthur W. Pins, 408 West Locust
Street; Roshek Bros. Company, 700-
798 Locust Street.
Be It Further Resolved that the
bonds filed by such applicants be and
the same are hereby approved.
Passed, adopted and approved this
30th day of June, 1941.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON,
ALBERT WHARTON,
B. A. SCHUELLER,
GEO. R. MURPHY,
Councilmen.
Attest: J. J. SHEA, City Clerk.
Councilman Thompson moved the
adoption of the resolution. Seconded
by Councilman Murphy. Carried by
the following vote: Yeas-Mayor Van
Duelman, Councilmen IVlurphy, Schuel-
ler, Thompson, Wharton. Nays-None.
that lair. William Markey be appointed
as member of the Board of Library
Trustees, said terms commencing July
1st, 1941, and ending July 1st, 1947.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas-
Niayor Van Duelman, Councilmen
Murphy, Schueller, Thompson. Nays
-None. Councilman Wharton not vot-
ing.
Councilman Murphy moved that the
rules be suspended for the purpose of
allowing any one present in the Coun-
cil Chamber, who wishes to do so, to
address the Council. Seconded by
Councilman Schueller. Carried by the
following vote: Yeas-Mayor Van
Duelman, Councilmen Murphy, Schuel-
ler, Thompson, Wharton. Nays-None.
Mr. Harry Bemis address the Coun-
cil and requesting the removal of the
sign post at the intersection of Uni-
versity Avenue and Hill Street as said
sign is dangerous, and advising Coun-
cil that if the City would remove the
sign post that he would grant the City
permission to place the street signs on
his building.
Mr. Allan Conrad addressed the
Council stating that he has filed an
application for a Class "C" beer per-
mit at his grocery store at 1600 Lincoln
Avenue and desired to know if the
Council would grant his application.
IVir. Conrad was informed that the
Council had taken no action on his ap-
plication as said application for Class
"C" beer permit was an entirely new
application.
There being no further business
Councilman Murphy moved to adjourn.
Seconded by Councilman Thompson.
Carried by the following vote: Yeas
-Mayor Van Duelman, Councilmen
Murphy, Schueller, Thompson, Whar-
ton. Nays-None.
Approved _______________________1941
Adopted ________________________1941
Councilmen: { _____
Attes4 _____________________®___®_®®__
City Clerk.
I68