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1941 August Council ProceedingsRegular Sessoin, August 4th, 1941. 1~9 ~.~~ ~~~~ (®fficial) Regular Session, August 4th, 1941. Council met at 8:00 P. 1\I. Present - Mayor Van Duelman Councilmen Murphy-, Schu~lle~ Thompson, Wharton, City Manage liitoinberg. Mayor Van Duelman stated that thi. is the regular monthly meeting of the City Council for the purpose of acting upon such business as may properh came before the meeeting. Councilman 1Vlurphy moved tha the rules be suspended for the purposf of allowing any one present in thf Council Chamber, who wishes to do so, to address the Council. Secoudec by Councilman Schueller. Carried by the following vote: Yeas-Mayor Var Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the Dubuque L,ion's Club requesting the City Council to consider a pressing need for a larger force on the Police Department in order to fully cope with the present traffic needs presented and read. Mr. B, A. Rueg- uitz, Chairman Safety Committee of the Dubuque Lion's Club, addressed the Council in support of the petition of the Dubuque Lion's Club and stated that the club had adopted a resolution to the effect that a request be made for enlargement of the personnel of the Police Department for the purpose of obtaining better traffic control and greater traffic safety on the streets of the City of Dubuque. Councilman Thompson moved that the petition be referred to the City Manager for in- vestigation and report, Seconded by Councilman IVlurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Mr. 11I. N. Jungen, representing a committee composed of people resid- ing in the vicinity of the Carr, Adams and Collier and the Farley and I,oet- scher Sash and Door Factories, and others working in plants in that vicin- ity, addressed the Council requesting that the Council take some action to abate the dust nuisance coming from the sash and door mills. Mr. Ickes addressed the Council stating that he is the owner of property in the vicin- ity of the sash and door mills and that his tenants are complaining of the dust nuisance coming from the sash and door mills. Mr. J~d. I,eute addressed the Council suggesting that an engin- eer be employed to make an investi- gation and survey of the dust nuisance coming from the sash and door mills. Councilman ~V'harton moved that the matter of the dust nuisance coming h-om the sash and door factories be referred to the City Alanager for to con- tinue to wort: with the officials of both sash and door factories in order that the nuisance may be abated as soon as possible. Seconded by Councilman Thompson. Carried b}~ the following note: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Mr. Carl F. Hartman, spokesman for a committee of the Retail Merchants Bureau, addressed the Council asking t~°hether or not provision was to be made in the budget for the parking lots. 1\Ir. Hartman was informed that no provision had been made in the budget for parking lots and that legal- ly no change in the matter of an in- crease in the budget for to take care of the parking lot request could be made at this time. Petition of Syl McCauley, Attorney for John hoes, requesting the City Council to take proper steps to have all the bill boards removed from the premises adjoining his property located at 1015 Rockdale Road and to inform the Coryell Company that the only sign they may have xs a sign board which must be attached to the building and not project more than the thick- ness of the sign from the building pre- sented and read, Mr. McCauley, At- torney for John hoes, addressed the Council in support of the petition of John hoes and requested that Council take favorable action on the petition and grant the relief as requested. Coun- cilman Murphy moved that the peti- tion be referred to the Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon the Budget estimate of Dspenditures for the fiscal year begin- ning April 1, 1942 and ending March 31, 1943, as a basis for the tax levy for the year 1941, the same to be col- lected in the year 1942 presented and read. No written objections filed and no objectors present in the Council Chamber to the Budget lstimate of i~spenditures for the fiscal year begin- ning April 1, 1942 and ending March 31, 1943. Councilman Schueller mov- °d that the proofs of publication be -eceived and filed. Seconded by Coun- ~ilman Thompson. Carried by the fol- owing vote: Yeas-Mayor Van Duel- nan, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. 190 Regular Sessoin, August 4th, 1941. BUDGET EST%14a ATE AHD %2ECOP.D ®F' ~%LII~I~ NOTICE-The City Counci meet August 4th, 1941, at 7:30 Taxpayers will be heard for or tures for the year beginning April and disbursements, both past and 7-24-1t. FUNDS I O ~ ~ ,--i t pi G~ c>~ ~ - ~ „ M r ~ V U .~ ~ .a ~ ~~ c~ General ________$ 237,233 $ 282,042 $ Grading ________ 24,080 47,920 Improvement ___ 44,938 67,763 Sewer __________ 1,91S 2,101 Light __________ 39,371 39,556 Consolidated Tax Waterworks __ Garbage Disposal Snow Removal__ Fire 1\Iaintenance Fire Equipment_ Road (Ag. band) Blain Sewer ____ Library ________ Park -----____-- Playground _ __ Dock Operation_ Firemen's Retirement ___ Policemen's RAt'-~ e t 327,279 143,567 12,540 16,803 5,597 5,630 112,235 103,555 19,566 860 105 105 15,374 16,343 27,981 29,383 21,497 21,658 15,223 14,587 19,910 31,128 of Dubuque County, Iowa, will e City Hall. against the following estimate of exp@ndi- 1, 19-12. ?. detailed statement of receipts arrti: ihated ~.~ ili be available at the hearing. J. J. SHWA, City Clerk. 5 N 'y' ~ ~ c~ s ~' . ~y C~ ~ :: ~ O ~ ~--~ v.:~~] N S.V. V G ~ ~ V 'LJ T -a y~ ~~ ~ ~ ~ H ~ r c~! a 'ma'y N V " ~ v N N G r .y O N N _' :~ K O . a~ww°` w~~ ~ w~~°` ¢ ~~ 240,971 _________ $ 71,000)____-_-__ 28,610 _________ 16,610)_________ 53,090 _________ 38,090) 244,271 10,500 --------- ---------)--------- 36,800 --------- ---------)--------- 369,971 _________ 125,700 175,550 20,000 155,550 17,448 --------- --------- 6,281 --------- --------- 115,109 _________ 1,000 12,528 --------- --------- 105 --------- --------- 13,121 --------- --------- 32,987 ---____-- 2,000 24,060 1,500 750 15.777 _________ 3,075 ?.9, !dS 3,000 9,000 244,271 17,448 6,281 114,109 12,528 105 13,121 30,987 21,810 12,702 17,448 21,488 21,435 25,910 1,850 2,250 21,810 u. m n ___ 14,419 12,720 15,931 1,500 1,450 12,981 "." ', '` Emergency .__-- 30,555 33,518 ?-1.896 _________ _________ 34,89b i' Dock Bonds ____ 36,219 34,355 38,524 3,000 _________ 35,524 ",, ` ", , ~ General Bonds _ 81,35S 108,743 83,959 _________ _________ 83,959 Totals _______$1,109,436 $1,033,755 $1,011,605 $ 30,850 $ 300,775 $ 679,980 ~I`~id~ll Estimated Taxes per $1,000.00 of assessed value $19.481. ~,. Taxable valuation (1940) _ ________ ________________ ___________ $34,639,049 i,~ Moneys and credits (19401 @ 6 Mills ________ _____ ___ _ ____ _ $ 9,352,139 Moneys and credits (1940) cr 2 Mills __________________________ _ $ 236,0-10 I %2esolution No. II1~41 hereas The Council of the Citv W of Dubuque, caused to be prepared and published, as provided by late, the Budget Estimate of Expenditures for the fiscal year beginning April 1, 1942 and ending Nlarch 31, 1943, and the hearing upon said Budget Estimate teas fixed for the 4th day of August, 1941, at 7:30 P. bI. at the Council Chamber in the City Hall; and Whereas, This being the time and place set for said hearing, said Budget Estimate was taken up for final con- sideration by the Council and all par- ties iu interest have been given the opportunity to be heard for or against =aid Budget Estimate. It Is Therefore Resoh-ed by the City ~ Council of the City of Dubuque, Iowa: That the Budget Estimate of Expen- ditures for the fiscal year beginning April 1, 1942 and ending March 31, 19-13 heretofore prepared and published be and the same is hereby finally ap- proved and adopted and the Mayor and 1 2 ~Espenditures for Year City Esti=Hate I of Dubuque P. M., at th -* r".egular ~essoin, August 4th, 1941. Clerk are directed to certify the same to the County Auditor of Dubuque Count}=, Iowa, together with the veri- fied proof of publication and the notice of hearing upon said Budget estimate. Be It Further Resolved, That the tales required to be collected in the year 19-12 be and the same are hereby levied in the various funds in the amounts shown in said Budget $sti- 111ate. Passed, Adopted and Approved this ;th day of August, 1941. FRANK VAN DU;~I,MAN, Mayor. F. W. THOMPSON, AI,Bh,RT WHARTON, B. A. SCHU~I.L,$R, GFO. R. MURPHY, Councilmen. Attest: J. J. SH;~A, 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 IVo. 82-41 A resolution establishing the tas lev- ies for the year 1941, the taxes to be collected in the year 1942 and used for municipal purposes of the City of Dubuque, Iowa. Be It Resolved by the City Council of the City of Dubuque that there be and there is hereby levied the taxes for municipal purposes for the ensuing }=ear 19-12 of the following number of mills on the dollar of all taxable prop- erty within the corporate limits of said City: 7.000 mills for Consolidated Tax as provided for by Section 6217 of the Code of Iowa, 1939. 2.406 mills for General Bonds. 3?70 mills for Fire 1\Iaintenance Fund. 0.359 mills for Fire equipment Fund. 0.500 mills for Garbage Disposal and Street Cleaning Fund. 0.625 mills for Park Fund. 0.372 hills for Police Retirement Fund, 0.625 mills for Fire Retirement Fund. 0.886 mills for Library Fund. 0.376 mills for >lfain Sewer Fund. 0.364 mills for Pla}=ground and Swint- ming Pool Fund. 0.500 mills for Dock Fund. 1.018 mills for Dock Bond and In- terest Fund. 0.180 mills for Snow Removal Fund. I., ,: E_ 191 1.000 mills for emergency Fund. Be It Further Resolved, That 2.136 mills on the dollar is hereby levied up- on all lots or parcels of land contain- ing ten acres or more which are oc- cupied in good faith and used for ag- ricultural or horticultural purposes. Be It Furtrer Resolved, that all property within the corporate limits of said City is hereby determined to receive benefits from each of the said tax levies. Be It Further Resolved, That the Mayor and Clerk be and they hereby directed to certify the sums of money that the said tax levies will provide, as shown by the Budget Rstimate of ~x- penditures adopted by this Council on the 4th day of August, 1941, to the Auditor of Dubuque County on or be- fore August 15, 1941. Passed, adopted and approved this 4th dap of August, 1941. FRANK VAN DU$I,MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHU$I,L~R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, 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. Petition of the volunteers of Ameri- ca requesting permission for the hold- ing of a Red Heart tag day on Septem- ber 6th, 1941 presented and read. Coun- cilman Wharton moved that the re- quest be granted. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, ~~Tharton. Nays-None. Petition of 1\~Irs. hffie Munger et al requesting the rezoning from Single Family Residence classification to Two Family Residence classification the block bounded by Muscatine Street, Primrose Street, Burlington Street and Sabina Street presented and read. Councilman IVlurphy moved that the petition be referred to the Planning and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Petition of the Trustees of the Prop- erty of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company -___ ~~~~ ~, ': s 192 Regular Sessoin, August 4th, 1941. requesting the right and authority to lay down, construct, maintain and op- erate a spur or industry track across Jones Street for the propose of serv- ing Roshek Bros. on Lots lU, ii and 1? of Bloclc 1 in Dubuque Harbor Company's Addition presented and read. Councilman ~Iurph}~ moved that the petition be referred to tite Council ~,~ vte~-, the grounds. Seconded by Councilman Schueller. Carried by the tuiloiving vote: Yeas-IVlayor Van Duelman, Councilmen blttrphy, Schuel- ler, Thompson, ll~harton. Nays-None. Petition of D. D. 'i aylor et al re- questing the installation of a stt•eet light at the intersection of Atlantic Stree and Delaware Street presented and read. Councilman Schueller mov- ed 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 DDuelman, Councilmen, Iliurphy, Schueller, Thompson, \Vharton. I~Tays -None. Be It Resolved by the Cit}~ Council of the Cit7 of Dubuque, Iowa, that the sale of said property to F,sther F. Buechele for the sum of $50.0? in cash, be and the same is hereby auiltorized :utd approved. \Vhereas, hots 12, 13 and 14 of I3ruadway Addition in the City of Du- buque, Dubuque County, Iowa, were sold on February 3, 1936, to Dubuque County, Iowa, by the County Treasur- er of lhti~uque County, Iowa for de- iittquLni taxes and unpaid taxes against the real estate for the }-ears 193.1 to 1936, inclusive, and ~Vl:ereas, The said Dubuque Count}-, Iowa, d:sires to sell the above descrio- cd real e_tate to I~sther F. Buechele fur ti5il.0i), and Whereas, The sale of said propertti- by Dubuque County, Iowa, to Esther F. Buechele for a sum less than the total amount stated in the Tax Certifi- cate including all endorsements of sub- sequent general taxes, interests and casts requires the written approval of a majority of all the tax levying and tax certif}-ing bodies having any inter- est iu said general taxes; Now, There- fore, 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 manth of June, 19-}1 presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded b_v Coun- cilman Schueller. Carried ly the fol- lowing vote: Yeas-1\Ia}ror Van Duel- man, Councilmen A'Iurph}=, Schueller, Thompson, Wharton. Nays-None. August 2, 1941 To the Honorable Mayor a_td City Council Dubuque, Iov.a. Gentlemen: This is to advise that I have approv- ed the following bonds and desire to have your approval on same for filing: Excavation Linehan C Itlolo, 135 Nest Fifth Street, Bond No. 28214-12-583-38, U. S. Fidelity & Guaranty Co. Phillip Breithaupt, 2120 t~~ashington Street, Commercial Casualty Ins. Co. George F. Piuski, 484 Eighth Ave- nue, Fidelity and Casualty Co. of N. Y. Respectfully yours, A. A. RHO?VIBERG, City Manager Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Passed, Adopted and Approved this -lrh day of August, 19-11. Resolution 1+Io. 83-41 FR~NI: VAN DUELTt'IAN, Mayor. F. \V. THOMPSO\T, ALBERT ~VHARTON, B. A. SCHUI~I,I,TaR, GEO. R. TIURPHY, Councilmen. :fittest: J. J. SHEA, City Clerk. Councilman Wharton moved the adoption of the resolution. Seconded by Councilmen Murphy. Carried by the follol~-ing vote: Yeas--'1layor Van Duelman, Councilmen b'Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 84-41 ~ZThereas, 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 follow- ing applications be and the same are hereby approved and it is ordered that the premises to be occupied b}* such applicants shall be forthwith inspected. -~ _,, Regular Sessoui, August 4th, 1941. 193 ~ Class "B" Permit Nam » Class "B Permit for Private Club e Address ~~Tm. J. Clesen, 1097 Jackson Street. Wm. Tharp, 2403 Central Avenue. Iwnights of Columbus, Dubuque Coun- cif No. 510, 781 Locust Street Joseph J, ZVeiner and Evelyn Weiner . , , 709 University Avenue. Be It Further Resolved that the ' A/rs. Florence A2. Afiller, X400 Central I , t'onds filed by such applicants be and Avenue, i the same are hereby approved. y Richard Hogan and Lillian Hogan, ~ 1804 Central Avenue Passed, Adopted and Approved this , John J. Rettenmaier and Marie Retten- I 4th day of August, 1941. ~ ;~ maier, 1100 Lincoln Avenue. Phillip Mihalalzis and Viola Mihalakis FRANK VAN DUELI\IAN, , 1698 Maple Street. Mayor. F, ~V. THOI~IPSON -' Class "B" Permit for Private Club , ALBERT WHARTON, Knights of Columbus, Dubuque Coun_ B• A. SCHUELLER, cif No. 510, 781 Locust Street. GEO. R, PeIURPHY, Passed, Adopted and Approved this I Councilmen. 4th day of August, 1941. Attest: J. J. SHEA, City Cleriz. , FRANK VAN DUELMAN, IVIayor, F. ~V. THOMPSON, ALBERT WHARTON, B. A. SCHUEI,LER, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried b}- the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 85-41 1 I \Vhereas, heretofore applications were filed by the within named applicants for Class "B" Beer Permits and they have received the approval of this Council; and ~~'hereas, The premises to be occu- pied by such applicants have been in- spected and found to comply with the ordinances of this City and the}> have filed a proper bond: 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 persons a Beer Permit. Class "B" Permit Name Address ~Vm. J. Clesen, 1097 Jackson Street. Wm. Tharp, 2403 Central Avenue. Joseph J. Weiner and Evel}=n Weiner, 709 University Avenue. Mrs. Florence M. Miller, 400 Central Avenue. Richard Hogan and Lillian Hogan, 1804 Central Avenue. John J. Rettenmaier and Marie Retten- maier, 1100 Lincoln Avenue. Phillip Mihalalzis and Viola Mihalakis, 1698 Zllaple Street. Councilman Murphy moved the adoption of the resolution. Seconded b}= Councilman Thompson. Carried by the following vote: Yeas-IVlayor Vau Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 86-41 Resolution and application for per- manent transfer of funds. Whereas, An emergency tax levy was made by the City Council of the City of Dubuque for use in supple- menting the funds required for debt service during the fiscal year begin- ning April 1, 1941 and ending 11larch 31, 1942, upon authority and approval of the State Comptroller; and ZVhereas, As of the 31st of July, 1941, there was a cash balance in the Grad- ing Fund of $2,656.32 and a deficit in the Improvement Fund of $265.75; and ~ZThereas, There is now in the hands of the City Treasurer and credited to the Emergency Fund the sum of $20,- 639.73, which is available for transfer to the Grading and Improvement Funds above referred to for debt serv- ices; and ~~'hereas, On July 15, 1941, Improve- ment Bonds in the amount of $5,000,00 matnred and Improvement Bond In- terest in the amount of $1,275.00 be- came due and payable, and on August 1, 19.11, Grading Bonds in the amount of $7,000.00 matured and Grading Bond Interest in the amount of $225.00 be- came due and payable; and ~~'hereas, In order to provide for the payment of the obligations due, it is necessary to maize a transfer of $6,- 275.00 from the Emergency Ftand to the Improvement Fund and a transfer of $7,225.00 from the Emergency Fund to the Grading Fund; and ~~ .F- .;., . 3 ~K~ z:~, I_ ~ ~ 'ii 194 Regular Sessoin, August 4th, 1941. ti~'hereas, Before any transfer can be made from the Emergency Fund to any other fund, an application must be made to the State Comptroller for au- thority to mal:e the transfer and his approvai secured thereon; Noty, There- fore, Be It P.esolved by the Cit}' Council of the City of Dubuque that, subject to the approval of the State Comp- troller, there be and there is hereby transferred from the Emergency Fund to the Improvement Fund the sutra of $6,275.00 and from the Emergency Fund to the Grading Fuud the sum of $7,225.00, and the State Comptrol- ler is hereby petitioned to authorize and approve such transfers. Be It Further Resolved, That, upon the approval of such transfers, the Auditor of the City of Dubuque is di- rected to adjust his books accordingly and to notify the treasurer of such transfers, and such notification shall be accompanied by a copy of this resolu- tion and the record of its adoption. The Resolution was passed, adopted and approved by unanimous action of the City Council on the 4th day of August, 1941, and all members thereof signed their names thereto. FRANK VAAT DUEI.MAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. MURPHY, Councilmen. Attest: J- J. SHEA, City Clerk. there was no emergency that demanded that the city bear the expense. Several years ago a certain city was severaly criticized by state examiners for authorizing city funds for street decorations and other community ac- tivities at Christmas time. Your sit- uation is somewhat similar and we are of the opinion that the city cannot le- gall}' make this expenditure. Ver}= truly yours, C. FRED PORTER, State Comptroller. Councilman 1\Iurphy moved that the communication of C. Fred Porter, ;Mate Comptroller, be received and made a matter of record. Seconded by Councilman Wharton, Carried by the following vote: Yeas-Nlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. I~Tays-None. There being no further business Councilman 1~Iurphv moved to adjourn. `Seconded by Councilman Thompson. C:~rried h}' the following vote: Yeas -flavor Van Duelman, Councilmen Murphy, Schueller, Thompson, ~Vhar- ton. Nays-None. J. J. SHEA, City Clerk. ~~.pnroved -----------------------1941 Adopted ------------------------19.11 Councilman 1\Iurphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-A~Iayor Van Duelman, Councilmen ~1'Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. July 30, 1941. Mr. John J. I~intzinger, City Solicitor, Dubuque, Iowa. Dear Mr. Kintzinger: We have your letter of the 28th in fvrtb~r reference to the anpropri.atinn of city funds to apply to the cost of the Decoration Day Parade. VVe talked with you some time ago about this question bttt regret to ad- vise we cannot find any law, new or old, which would iustif}> the city to use money for this purpose. It is im- possible to make laws to cover every situation that may arise and many times a city is almost compelled to make authorizations not specifically provid- ed by law brat in the case you mention Councilmen: j ______________________ Attest _______________ __________ City Clerk. Special Session, August 4th, 1941. 'i ~;.rW~.: (®fficial) Special Session, August 4th, 19.41. Board tnet at 9:15 P. NI. Present-Chairman Frank Van Duel- man, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Al- bert Wharton. Special Order And Notice From Board of Health To Mr. William Radloff, 1705 Prescott Street, Dubuque, Iowa You are hereby notified that on the 4th day of August, 1941, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abondon and remove the out- stde water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 87-41 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 585 Hamm's Add. at 1705 Prescott Street, Dubuque, Iowa, own- ed by William Radloff, be connected with sanitary sewer; that the outside water closet, privy or privy vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitary toilet and toilet facilities be installed and connections made with the sanitary sewer. Be It Further Resolved That said ~-Villiam Radloff be notified to re- move and abandon the outside water closet, privy or privy vault located up- on the premises above described and to clean said vault; that said property be connected with the sanitarv sewer and that sanitary toilet and toilet facil- ities be installed and connections made with said sewer, all of which to he done within Thirty (30) days from the date hereof. Be It Further Resoh~ed That said ~~,'illiam Radloff, be notif-ied of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecu- tion or such other action as the Council or Board of Health may determine. Dated this 4th day of August, 19.41. FRANK VAN DUFLMAN, Mayor, Att, st: J, J. SHFA, Cleric. 195 You are further notified that prose- cution will follow a failure to compl}> with this order and notice, or such fur- ther action will be taken as to the Council or Board of Health may seem proper. Signed, C. C. I,YTI,~, M. D,, Health Officer. Mr. F. W. Thompson moved the adoption of the resolution. Seconded by l~Ir. Albert Wharton. Carried by the following vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Albert Wharton. Nays -None. Special Arder And Notice From Board of Health To Mr. John Evarts, 2475 University Avenue, Dubuque, Iowa. Y,ou are hereby notified that on the 4th day of August, 19-11, the Local Board of Health for the City of Du- buque adopted a resolution ordering you to abondon and remove the out- side water closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the .same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 88-41 Resolution of the Board of Health Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that Lot Number 136-137, Finley-Waples-Bur- ton Addition, 2475 University Ave- nue, Dubuque, Iowa, otivned by John $varts, be connected with sanitary server; that the outside water closet, privy or priv}> vault upon said premises be abandoned and re- moved and said vault cleaned and that a sanitar}r toilet an toilet facilities be installed and connections made with the sanitar}- sewer. Be It Further Resolved That said John warts he notified to re- move and abandon the outside water closet, privy or privy vault located up- on the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitarv toilet and toilet facil- ities he installed and connections made with said server, all of which to he done within Thirty (30) days from the date hereof. ~ ,,` ~,,' ,,Ty 1"` F::tS Ii . 3 lg~ ;special Session, August 4th, 1941. Be It Further Resolved That said John warts, be notified of the ac- tion of this Board by the service of a written notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed b}' prosecu- tion or such other action as tite Council or Board of Health may determine. Dated this -lth day of August, 1941. FRANK VAN DU~L,MAi~T, Mayor. Attest: J. J. SH>~,A, Clerli. You are further notified that prose- cution «;ill follow a failure to comply wilt this order and notice, or such fur- trer action will be taken as to the Council or Board of Health may seem Proper. Signed, C. C. L,YTL~, lI. D., Health Officer 1\Ir. F. W. Thompson moved the adoption of the resolution. Seconded by llr. B. .S. Schueller. Carried by the following vote: Yeas-Chairman Frank Van Duelman, ll'Iessrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Albert Wharton. Nays -None. Special C}rder And Notice From Board of Health To ~Jfr. Clarence Carney, 2506 Broad- way, Dubuque, :fovea. You are hereby notified that on the -1th day of August, 1941, the Local Board of Health for the City of Dtt- buque adopted a resolution ordering you to abandon and remove the out- side `eater closet, privy or privy vault located upon the premises described therein and to clean the same; also to connect said premises with the sanitary sewer and install sanitary toilet and toilet facilities and connect the same with said sewer, all of which to be done within Thirty (30) days from the date of said resolution, a copy of which is herein set out and is as follows: Resolution No. 89-41 Resolution of the Board of Health Be It Further Resolved That said Clarence Carney be notified to re- move and abandon the outside water closet, privy or privy vault located up- on the premises above described and to clean said vault; that said property be connected with the sanitary sewer and that sanitary toilet and toilet facil- ities be installed and connections made with said sewer, all of which to be done «ithin Thirty X30) da}-s from the date hereof. Be It Further Resolved That said Clarence Carney, be notified of the ac- tion of this Board by the service of a lvritten notice together with a copy of this resolution. Failure to comply with the terms hereof within the time stated shall be followed by prosecu- tion or such other action as the Council or Board of Health may determine. Dated this 4th day of August, 19.11. FRANK VAN DU~L,iIIAiV, Mayor. Attest: J. J. SH>;A, Clerk. You are further notified that prose- cution will follow a failure to comply with this order and notice, or ;uch fiir- ther action will be taken as to the Council or Board of Health may went proper. Signed, C. C. L,YTI,F, Z\'I. D., Health Officer. ~Ir. Geo. R. Murphy moved the adoption of the resolution. Seconded by 1\Ir. B. A. Schueller. Carried by the following note: Yeas-Chairman Franl: Van L)uelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. tiV. Thompson and Albert Wharton. I~Tays -None. There being no farther business 1\'Ir. Geo. R. Murphy moved that the Board of Health adjourn. Seconded by 1llr. F. `~T. Thompson. Carried by the fol- la~cinr; rote: Yeas-Chairman Frank Van Duehnan, Messrs. Geo. R. Mur- phy, B. A. Schueller, F. W. Thomp- son and Albert Wharton. Nays-None. J. J. sx~A, Clerk, Board of Health. Approved ______________________1941. Adopted ------------------------1941. Be It Resolved by the Board of Health of the City of Dubuque, Iowa, that it is deemed necessary that I,oi Number 63 Glendale Add., at 2911 Pin- ard Street, Dubuque, Iowa, owned b} Clarence Carney, 2506 Broadsva}= Dubuque, Iowa, be connecter with sanitary sewer; that the outside water closet, privy or privy vault upor said premises be abandoned and re moved and said vault cleaned and tha a sanitary toilet and toilet facilities b~ installed and connections made with the sanitary sewer. Itlembers ofl----------------------- Board ofd ----------------------- Health~----------------------- Attest ------------------------------ Clerk, Board of Health. especial session, Au~tast 14th, 1941, Cd :~ x 4n ~:~ `~~~ ~ lid ~~ (Official} Special Session, August 14th, 1941 Council met at 7:50 P. i~I. Present - 1\Iayor Van Dueiman, Luuncilmeu ~-Iurphy, Schueller, Thompson, Wharton, City Manager Rhomberg, Meeting called by order of Council- men Schueller and Alurphy. :Mayor Van Dueiman read the call and stated that service thereof had been duly made and that this meeting is called for tote purpose of consider- ing the Lids received for the paving of Nest Third Street from the fast property line of Burch Street to the ZVest property line of Alpine Street south and also for the construction of a sis inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly and acting on any other business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of the notice to con- tractors of the receipt of proposals for the paving of \Vest Third Street from the J~ast property line of Burch Street to ZVest propert}> line of Alpine Street south, presented and read. Council- man Thompson moved that the proofs of publication be received and filed. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Dueiman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. August 14, 1941. To the Honorable Rlavor and City Council, Dubuque, Iowa. Gentlemen: At the public letting held at 10:00 A. M. August 14, 1941 for the paving of Nest Third Street from the east property line of Burch Street to the west property line of Alpine Street, no bids were received. It appears that the contractors dis- liked the method of payment for the work by means of certificates. I rec- ommend that proceedings be started over providing for financing by means of the sale of special assessment bonds. Respectfully submitted, A. A. RHOMB~RG, City Manager 197 Councilman Wharton moved that the recommendation of City Manager Rhomberg be approved and that the City Manager be instructed to pre- pare the proper proceedings. Second- °d by Councilman 1\Iurphy. Carried by the following vote: Yeas-l~Ia}ror ~%an Dueiman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Proofs of publication, certified to by the publishers, of the notice to con- tractors of the receipt of proposals for the construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street two hundred and eighty feet northerly presented and read. Councilman Thompson moved that the proof of publication be received and filed. Sec- onded by Councilman Murphy. Car- ried by the follo~o=ing vote: Yeas- Mayor Van Dueiman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. August 14th, 1941. To the Honorable Mayor and City Cotmcil, Dubuque, Iowa. Gentlemen Pursuant to your instructions sealed bids were received until 10:00 A. iVI. August 14, 1941 for the construction of a sis inch sanitary sewer in Plum Street from the present manhole in Rush Street 280 feet northerly. At- tached is a tabulation of the two bids received. The bids are more than 10 per cent greater than the estimate and I rec- ommend that they be rejected. Respectfully submitted, A. A. RHOMBRRG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhomberg be approved. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Dueiman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman tiVharton moved that the City Manager be instructed to contact the property owners subject to assess- ment for the construction of the sani- tary sewer in Plum Street for the pur- poe of ascertaining if they are in favor of having the sewer constructed and paid for by a cash payment in full upon completion of the contract and if this arrangement is not favorable to the property owners then the City Manager is instructed to proceed with the preparation of the proper proceed- ings for the construction of said sewer the work to be paid for by the issu- ance of Special Assessment Bonds. Seconded by Councilman Thompson. 198 Special Session, August 14th, 1941. t,. Carried by the following vote: Yeas -\Ia~>or Van Duelman, Councilmen 1llurphy, Schueller, Thompson, Whar- ton. Nays-None. Councilman 11/urphy moved that the rules be suspended for the purpose of allowing any one present in the Coun- cil CPtamber, ~vho wishes to do so, to <sddress the Council. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duehuan, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. NIr. William IVlarl:ey addressed the Council requesting that a grade be es- tablished as soon as possible ou Dodge Street between Fremont Aventte and South Algona Street. Couucihnau Wharton moved that the City R/anager be instructed to prepare a proper grade on Dodge Street be- tween Fremont Avenue and South Al- gona Street. Seconded by Councilman It/urphy. Carried by the following vote: Yeas - 1\ia}>or ~'an Duelma>>, Councilmen 1\-Iurphy, Schueller, Thompson, Wharton. Nays-None. Petition of ~. H. McIntyre et al re- questing the routing of the buses over Burch Street from Hill Street to \Vest Third Street and then over Nest Third Street presented and read. RIr. ZVm. C. Tlallder addressed the Council in support of the petition and requested favorable action by the Council to the etiteut that the Interstate Power Com- pany at least give the regttest a trial. Mr. Al. Smith, Superintendent of the Interstate Power Company, addressed the Cotancil and stated that the Iuter- s±ate Power Company are anxious to try and serve the public with bus trans- portation at all tithes but the matter of bus operation over Burch Street is a little hazardous especially in the winter months and further that Burch Street is a narrow street «>hich also adds to the hazard of bus transporta- tion. Councilman Schueller moved that the petition be referred to the Coun- cil for consideration. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen j.Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of the Operating engineers of Pumping Station requesting an in- crease of 10 per cent in wages in the 19.12 Budget presented and read. Coun- cilman Murphy moved that the peti- tion be referred to the Cit}> Council and Water Superintendent. Seconded h}~ Councilman Schueller, Carried by the follo~,ving vote: Yeas-1\Iayor Van Duelman, Councilmen 1\Iurphy, Schuel- ler, Thompson, \Vhartou. Nays-None^. Communication of John A. Arnt- strong submitting an offer in tite amount of $-1,000.00 on the lot owned Ly the City on the southeast corner of Railroad Avenue and South T•ocu,t Street, and to secure an option on said property until the first of June, 19-12 presented and read. Councilman IVIur- phy moved that the communication be referred to the Council to view the gronnds and that the City Manager be instructed to confer with John A. Armstrong as to his intended plans. Seconded h_v Councilman Schueller. Carried by the following vote: Yeas -:Mayor Van Duelman, Councilmen Alurphv, Schueller, Thompson, ~Vhar- ton. Nays-None. Resolution No. f3E-41 Resolution and application for per- manent transfer of funds, ~~'hereas, An emergency tax levy vas made by the City Council of the City ni Dubuque for use 'n sttpplementing tl.e funds required for debt service during the fiscal ~>ear beginning April 1, 19-11 and ending ll~iarch 31, 1942, up- on authority and approval of the State Ccnnptroller; and ~~~~hereas, As of the 31st clay of Jttly, I4-}1, there ryas a cash balance in the Grading Ftntd of $2,656.32 and a defi- ~it in the Improvement Fund of ~~65.75; and Z'l'hereas, There is no~v in the hands of tl~e City Treasurer and credited to ~l~e 1~mer;^encv Fuud the sum of $20,- 63°.73, which -is available for transfer to the Grading and Improvement Ftmds at~o..-e referred to frn- debt serv- ive; and ZVhereas. On July 15, 19=11, Improve- ment Bond i th f 5 ~ Communication of the ZVestern Auto s n e amount o $ ,000.00 matured and Improvement Bond In- Supply Com;>any extending invitation terest in the amount of X1,275.00 h~- to the Members of the City Council came glue and payable, and on August to attend their Second Annual Picnic 1, 19-11• Gt-ading Brnlds in the amount r ~. , to be held Sunday, September 7th °f $7.000.00 matured and Grading Boucl ' presented and read. Councilman Alur_ Iutere.t in the amount of $225.00 be- phy moved that the invitation be ac- came clue and payable; and r_epted with thanks aucl the Western Whereas, In order to provide for the Auto Supply Company to be notified na~~ment of the obligations clue it is _- of Council's acceptance. Seconded by , necessary to make a transfer of $6 - Councilman Thompson. Carried by , 275.00 from the emergency Fund M " ' the following vote: Yeas-11~Iayor Van the Im rovem u p e t Fund and a transfer : D uelman Councilme r r n '~Iu by -h 1- S ue P - . ~ ~ ~ of 7,.,5.00 from he 4 t mer e ~ ncv Funct g ler, •Thompson, Z~Tharton. Nays-None. _ to the Grading Fund• and } , t ~i >?d~:S, Special Session, August 14th, 1941. I99 ~~'hereas, Before any transfer can be made from the 1',mergency Fund to any other fund, an application must be ntade to the State Comptroller for au- thority to make the transfer and his approval secured thereon: Now, There- fore, Be It Resolved by the City Council of the City- of Dubuque that, subject to the approval of the State Comptrol- ler, there be and there is hereby trans- ferred from the emergency Funcl to the Improvement Fund the sum of $6,275.00 and from the emergency F' and to the Grading Fund the sum of $7,225.00, and the State Comptroller is hereby petitioned to authorize and approae such transfers. Be It Further Resolved, That, upon the approval of such transfers, the Au- ditor of the City of Dubuque is direct- ed to adjust his books accordingly and to notify the Treasurer of such trans- fers, and such notification shall be ac- companied by a copy of this resolu- tioit and the record of its adoption. The Resolution was passed, adopted and approved by unanimous action of the City Council on the 4th day of August, 1941, and all members thereof signed their names thereto. FRANK VAN DU~L,P,IAN, Mayor. F. W. THOMPSON, AL,B~RT WHARTON, B. A. SCHU~I,I,FR, GAO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk. Received, Aug. 6, 1941. State Comptrollet•. The foregoing resolution and appli- cation having been filed with the State Comptroller, the transfer requested is approved this 6th dap of August, 1941. C. FRED PORTER, State Comptroller, Councilman Murphy moved that the approval of State Comptroller, C. Fred Porter, 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. August 10th, 1941. To the Honorable Mayror, and City Council, Dubuque, Iowa. Gentlemen: I herewith submit the reports of the City Auditor, City Treasurer, City Health Department, City Recreational Director and City Waterworks, also a list of claims and payrolls for which warrants were drawn during the month of July, 1941. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman 1VIur- phy. Carried by the following vote: Yeas -Mayor Van Duelman, Coun- cilmen 11lurphy, Schueller, Thompson, ti~~harton. Nays-None. August 13th, 1941. To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: The petition of Mr. and Mrs. I,. )~, Valenta et al requesting establishment of a Local Business District at the northwest corner of West Locust and Foye Streets was carefully considered by the Planning and Zoning Commis- sion. At present there is provided on the Master Plan a Local Business Dis- trict approximately 700 feet below Foye Street on West Locust St., and another about 1900 feet above so that from the standpoint of sound zoning and its ob- ject to establish attractive residential areas free from unnecessary business zoning, this particular area is already well served with Local Business prop- erty. In view of this the Planning and Zoning Commission respectfully rec- ommends to your honorable body de- nial of the petition. Respectfully submitted, R. V. McKAY, Sec'y,, Dubuque Planning & Zoning Commission. Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be approved. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton, Nays-None. August 13th, 1941. To the Honorable Mayor, and City Council, Dubuque, Iowa. Gentlemen: The Planning and Zoning Commis- sion begs to asknowledge receipt of a communication of July 25th from your honorable body expressing interest in regulations for controlling the opera- tion of Tourist and Trailer camps, and insh•ucting the Commission to submit `written suggestions for handling such camps and indicating the zones in which they may be permitted. The Planning and Zoning Commis- sion will be pleased to proceed at once to gather full information fora thor- ough study and investigation of the subject. It is the sense of the Planning and Zoning Commission that Dubuque has G-°,~i~ _i"el.!nl 7E~$~"-'_?y r'2U4T~Lt$f i4~h' P~-'i?, keen las in providing accommodations for the motoring public, and ttas been losing important revenue thereby. Ho~v- ever, the location and conduct of such motor camps are of such vital interest to all Dubuque property o«•ncrs so fraught with troubles if improperly ha~tcllecl--so beneficial if properly reg- uiated that v, e shall hesitate to formu- 1~ ee and suggest regulations until we l; ,uw tltc most successful ntethocls and experiences' in ether comparable cities, and ti:en discuss them thoroughl}• «-itlt the Cit_v Council. This sort of a str,d}> will take a little extra tithe, and the P1_arning and Zon- in; Commission will request a joint meeting with your honorable hotly ~,~ hen properly prepared to intelligently l;resent the subject. Thus, please bear with us if eve appear to be moving slowly, for we feel that its importance requires the most careful attention of all parties. Respectful)}> submitted, R. V. 1~IcKAY, Sec'y., Dubuque Planning ~C Zoning Commission. Councilman Thompson moved that the conununication of the Planning and Zoning Commission be received and placed on file. Seconded by Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Illurphy, Schueller. Thompson, Wharton, 1\Tays-None. August 13th, 194i. To the Honorable 1\Iayor, and City Council, Dubuque, Iowa. Gentlemen: \Vith reference to attached petition of Tolut Sparl~ et al requesting the ex- tension of Local Business District, the. nnrtl•.erly 15 feet of Lot 3 of Randall's Su},. No. Z at Southern Avenue and Rockdale Road, the Planning and Zon- ing Commission wish to point out to your honorable body the unusual prob- lems involved, which make it impossi- ble, even if the petition is granted, for the Brookside Dairy to extend it's plant . This, we understand, is the pur- pose of the proposed change. Firstly, a clair3> is not permissable in a Local Business District, but Brool:- sicle Dairy operated on a nonconform- ing use basis because it was in it's present location before the Zoning Or- dinance became effective. Secondly, according to the present la~v, no one has the authority to grant extension of a non-conforming use situation onto newly acquired property in any type of zoning district. A dairy or milk distributing station while not allowed in a Local Business District, is permssible in a Light In- dustrial District. Thus, the problem stay ire sulced by the granting by the City Council of the rezoning of that ;.art of the present Local Business i~istrict, cast of Southern Avenue, with t.~e proposed 15 foot extension to bight industrial classification. The 1'latuting and Zoning Commi;:- :.iott h.siiates to recommend such ac-- tion iteca~-tse it is so extraordinary. L'ut, iI all parties recognize that these ircu.tttitauccs occasioned by the non- ro,~for.ning use feature are exception, cstablisl; no precedent for future guid- anc=', indicate no let-clu~vu in sotutd zoni`tg procedure, and eve all tacitly a~;rce that the bight Industrial Dis- trict thus established is not to be nta- terially estendecl, then here is a legal solution by means of ~vl~ich relief is provided and no damage is done to the public interests. Such a change might properly be brought about by 1blr. Spark et al pre- senting a ne~v application accordingly. Respectfully submitted, R. V. 1\IcKAY, Sec'y., D u b tt q u e Planning & Zoning Commission. Councilman Thompson moved that the City Solicitor be instructed to pre- pare the proper proceedings in accord- anle with the suggestion of the Plan- ning and Zoning Commission. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas - i\Iayor Van Duelman, Councilmen .lltn-phv, Thompson, \Vharton. Nays -None. Councilman Schueller not voting. August 14, 19-11. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Referring to attached petition of F. N. Russo et al requesting rezoning of Lot 1 of Smyth's Subdivision and alley immediatelti~ adjacent thereto from ~,iugle Family to Itittltiple Family classification, the Planning and Zoning Commission respectfully recommends denial of this petition. Not only is this a czse of rezoning of one lot wltich is illegal, but since the 1\Iaster Plan shows this property as part of a park arrangement for the eventual develop- ment of a proper setting for the Senior High School Building and an impor- tant part of the proposed new highwa}> connecting the nrn-thern part of the City direct~h> with the high school through the valley along Bunker Hill Golf Club to Kaufman Avenue, the ,granting of this petition would he con- trary to the development of the Master Plan as approved by the Citv Council. The Planning and Zoning Commis- sion has hoped for many years that a road would be projected via Bunker Hill and City Water Works to Kauf- mann Avenue in order that the High School may be made more accessible to the north section of the city. Respectfully submitted, R, V. NIcKAY, Sec'v. Dubuque Planning Zoning Commission. Councilman Schueller moved that the recommendation of the Planning and Zoning Commission be approved. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas •- 1\~fayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Ordinance No. 19-41. An Ordinance Amending Ordinance No. 12-1938 "Authorizing the Interstate Power Company to substitute motor bus trans- portation for street railway transpor- tation, designating motor bus routes," by changing certain defined bus routes and by repealing any and all ordinances or parts thereof in conflict herewith, said ordinance having been passed up- on first and second readings on July 29th, 1941, and ordered placed on file with the City Clerk for public inspec- tion for at least a week before its fi- nal adoption, presented and read a third time. ORDINANCE NO. 19-41 a car.:.' An Ordinance Amending Ordinance No. 12-1938 "Authorizing the Inter- state Power Company to substitute motor bus transportation for street railway transportation, designating mo- tor bus routes," by changing certain defined motor bus routes and by re- pealing any and all ordinances or parts thereof in conflict herewith. Be It Ordained By the City Council of the City of Dubuque: Section L That "Paragraph 258 - Routes-Section 12. Subdivision 1 of Ordinance No. 12-1938" is amended as follows By striking out "Thirteenth Street; Thence on Thirteenth Street," and in- serting in lieu thereof: "I,oras Boule- vard; thence on L,oras Boulevard." Section 2. That "Paragraph 258--- Routes-Section 12, Subdivision 7 of Ordinance No. 12-1938" is amended as follows By striking out "\Vest Thirteenth Street; thence on West Thirteenth Street," and inserting in lieu thereof: "L,oras Boulevard; thence on L,oras Boulevard." Section 3. That "Paragraph 258- Routes-Section 12, Subdivision 8 of Ordinance No. 12-1938" is amended as follows: By striking out "West Thirteenth Street; thence on West Thirteenth Street," and inserting in lieu thereof: "I,oras Boulevard; thence on I,oras Boulevard." Section 4. That those parts of Or- dinance No. 12-1938 and any and all other ordinances or parts thereof in conflict herewith, be and the same are hereby repealed. Section 5. This Ordinance shall be in force and effect from and after its final passage, adoption and approval by the City Council and publication as provided by law. Passed upon first and second read- ings this 29th dap of July, 1941. Passed, adopted and approved upon final reading this 14th day of August, 1941. p'RANK VAN DUT~I,NIAN, Ivtayor. F'. \V. THOMPSON, AL,B~RT WHARTON, B. A. SCHU~I,I,>~R, GAO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Tele- graph-Herald newspaper and The Daily Tribune newspaper this 18th day of August, 1941. J. J. SHRA, 8-18-1t. City Clerk, Councilman Wharton moved the adoption of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Ordinance No. 20-41. An Ordinance prescribing compensation for members of the City Council, in accordance with Crap. 224, haws of 49 G. A. of Iowa presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Council- man Schueller, Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, \Vharton. Nays -None. Councilman Thompson moved that the rules be suspended requiring an or- dinance to be read on three separate clays. Seconded by Councilman Mur- phy. Carried by the following vote: ~ eas-A/ayor Van Duelman, Council- men Dlurp;hy, Schueller, Thompson. \Vharton. Nays-None. The ordin- ance was then read a second time. ~~.,;,. i ~ 'a _., k ~~ ~~ •, ` ..ar -:.~~ °: . i ~ I'''~ '. ~~ .:°": ~I! 202 Special Session, August 14th, 1941. Councilman Thompson moved that the reading just had Ue considered the sec- ond reading of the ordinance. Second- ed by Councilman i\Iurphy. Carried b5• the following vote: Yeas-IVlayor Van Duelman, Councilmen i\-Iurph}>, Schueller, Thompson, Wharton. Nays -Noce. Councilman Thompson mov- ed that the ordinance be placed on file with the City Cleric for public inspec- tion for at least one week before its final adoption. Seconded Uy Council- man Murphy. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen 11/ttrphy, Schueller, Thompson, Wharton. Nays-None. Ordinance No. 21-41. An Ordinance amending Ordinance No .10-37, being an Ordinance designated as "Traffi:, Code of the City of Dubuque" by re- pealing Rule (67) and enacting a sub- stitute therefore relating to the right of way of motor vehicles at intersec- tions presented and read. Councilman 'Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded Uy Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, 'Thompson, Wharton. Nays -None. Councilman Thonpson moved that the rules be suspended requiring an ordin- ance to be read on three separate days. Seconded Uy Councilman Schueller. Carried by the following vote: Yeas -1\Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ~Vhar- ton. Navs-IvTOUe. 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 b_v Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen D~Iurph}-, Schueller, Thompson, Wharton. Nays -None. Councilman Thompson moved that the ordinance he placed on file with the City Clerk for public inspection for at least one week before its final adop- tion. Seconded Uv Councilman `Vhar- ton. Carried Uy the following vote: Peas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, 1Vhartou. Navs-None. Resolution P1Io. 90-41 Ee It Resolved by the City Coun- cil of the City of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the Citv of Du- buque, be granted a permit to sell cig- arettes and cigarette pavers tivithin said CitE> and the 1-Ianager is directed to issue such permit on Uehalf of said City. Iddame Address John A. Armstrong, ; 98 ll'Iain Street. Be It Further Resolved That the bond filed with the application be ap- proved. Passed, adopted and approved this I-!th day of August, 1941. FRANIL VAN DU$I,MAN, Mayor. F. Rr. THOMPSON, AL,B~RT WHARTON, B. A. SCHUEI,I,~R, G>~O. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerk, Councilman Wharton moved the adoption of the resolution. Seconded Uv Cotutcilman Schueller. Carried Uy the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. August 7, 1911. in re: Claim o§ Dolph Ca. Faller Honorable 1~Iayor and Members of the City Council, City of Dubuque, Iowa. Gentlemen: There is now pending in the Distt-ict Court of Dubuque County, an action entitled: Dolph G. Faller vs. the City of Dubuque, in ~ehich action he asks :$15,000.00 damages of the defendant Cit3>. He claims that on March 2U, 19-11 while walking upon the sidewalk near I,int~>ood Cemetery on Windsor Avenue, there was a dangerous place in said sidewalk consisting of an ac- cumulation of rough substances, froz- en snow and ice over and upon said sidewalk and because of said danger- ous condition he fell and received in- juries in and about his body and per- son, suffered great physical pain and mental anguish; that he incurred loss of time to the extent of $200.00 and was required to employ a nurse and physician to the extent of X300.00. I have discussed this matter with John A. Cunningham, the attorney for the plaintiff, and they have agreed to settle upon condition that thej> Ue paid X125.00. I recommend that this claim be settled for the sum of $125.00 and t?tat a warrant he issued payable to John A. Cunningham, attorney for Dolph G. Fuller for $125.00 and the same be delis-erecl to him upon the execution and delivery by him of a proper release anti dismissal of his lawsuit. Respectfully submitted, JOHN T. KINTZING~R, City Solicitor. ----- --- Special Session, August 14th, 1941. 203 ~ i Councilman Thompson moved that '~ the recommendation of City Solicitor liintzinger be approved and the City Auditor to be instructed to draw a war- rant in the amount of $125.00 payable to John A. Cunningham, Attorne}= for Dolph G. Fuller, as settlement iu full of the claim and suit and that said warrant ~ be delivered upon the etecution and '~ delivery of a proper release and dis- missal of the lawsuit. Seconded by Councilman Murphy. Carried by the following vote: Yeas: Mayor Van Duelman, Councilmen Murphy, Schuel- ,l ler, Thompson, Wharton, Nays-None. There being no further business Councilman Riurphy moved to adjourn. Seconded by Councilman Thompson. Carried by the following vote: Yeas -DZa}nor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. J. J. SHEA, City Clerk-. Approved ----------------------1941. Adopted ------------------------1941. Councilmen: 1----------------------- is Attest: -----------••---------°°-- City Clerlc. 204 Special Session, August 14th, 1941. Special Session, August 14th, 1941. Board met at 8:50 P. 1\I. Present -Chairman Frank Van Duelman, Messrs. Geo. R. IVlurphy, B. A. Schueller, F. W. Thompson and Albert Wharton. Return of Service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Inspector, served upon Wm. Rad- loff notifying him to connect Lot 585 of Ham's Addition with the sanitary sewer presented and read. Mr. Geo. R. Murphy moved that the return of service be received and placed on file. Seconded by 1\1r. B. A. Schueller. Car- ried by the following vote: Yeas - ~, Chairman Franlc Van Duelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Albert Wharton. Navs-\ one. Return of Service, subscribed and sworn to by Joseph T. Scharry, Sani- tar}~ Officer, served upon John warts notifying him to connect Lots 136-137 of F'inle}~, \Vaples and Btu-tou Addi- tion with the sanitary sewer presetted and read. Mr. Geo. R. Murphy moved that the return of service be received and placed on file. Seconded by IVIr. B. A. Schueller. Carried by the fol- lowing vote: Yeas-Chairman Frank Van Duelman, 1blessrs. Geo. R. Mur- phy, B. A. Schueller, F. \V. Thompson, and Albert Wharton. Nays-None. Return of Service, subscribed and sworn to by Joseph T. Scharry, Sani- tary Officer, served upon Clarence Carney notifying him to connect Lot 63 of Glendale Addition with the san- itary sewer presented and read. Mr. Geo. R. IVItu•phy moved that the re- turn of service be received and placed on file. Seconded by 11Ir. B. A. Schuel- ler. Carried by the following vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B. A. Schuel- ler, F. ~V. Thompson and Albert Whar- ton. Navs-None. There being no further business TIr. Geo. R, l~iurphy moved that the Board of Health adjourn. Seconded by illr. B. A. Schueller. Carried by the fol- lowing vote: Yeas-Chairman Franl: Van Duelman, Messrs. Geo. R. Alur- phy, B. A. Schueller, F. W. Thompson, and Albert ~~Tharton. Navs-None, J. J. SHWA, Clerk, Board of Health. Approved ----------------------19-11. Adopted -----------------------19-11. i 1\~Iembers of~_______________________ Board ofd ----------------------- Healthl----------------------- Attest ------------------------------ Clerk, Board of Health. (~ fpicial) 3 `1 ,~ s Special Session, August ?1st, 1941. (®fficial) Special Session, August Zlst, 1941. Council met at 7:50 P. 1~I. 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 conducting a public Bearing upon proposals to amond and change the Zoning Map of the City of Dubuque and acting on any other business as may properly coine before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map of the City of Dubuque by changing from "Two- Family Residence District" to "T/ultiple Residence Classification' hots 1 to 18 inclusive in Subdivision of Out I,ot 724 in the City of Dubuque, Iowa presented and read. No written objec- tions filed and no objectors present in the Council Chamber, Councilman Murphy moved that the proofs of pub- lication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Ordinance No. 22-41. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34 Designated "Zoning Ordinance of the City of Du- buque" so as to change to "IVTultiple Residence District" certain defined ter- ritory now 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 ordiu- a.nce to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. The ordinance 205 ', a; as 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 Vau Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Councilman Thompson moved that the ordiuance 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 following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Nays-None.. Proofs of publication, certified to by the publishers, of notice of a pub- lic hearing upon a proposal to amend and change the Zoning Map of the City of Dubuque by changing from "Two- Family Residence District" to "Local Business District the following describ- ed property: That the local business district, 90 feet by 384 feet, now exist- ing on the North side of Dodge Street where Dodge Street intersects with Bryant Street be extended easterly 160 feet to a line parallel to the east boun- dary of I,ot 1 of 2 of 1 of 1 of Min- eral I,ot 67 in the City of Dubuque and be extended northerly to a total depth of 150 feet from the south property line of such Mineral I,ot 67 along Dodge Street all as shown in a plat now on file in the office of the City Clerk presented and read. No writ- ten objections filed and no objectors present in the Council Chamber. Coun- cilman Murphy moved that the proofs of publication be received and filed. Seconded by Councilman Thompson. Carried by the following vote: Yeas -Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Ordinance No. 23-41. An Ordinance Amending and Changing Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34 designated "Zoning Ordinance of the City of Du- buque" so as to change to "Local Busi- ness District" certain defined terri- tory now 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 ZVTurphy. 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, 206 Special Session, August 21st, 1941. \\%hartou. Nays-None. The ordin- ance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reading of the ordinance. Second- ed by Councilman Schueller. Carried by the following vote: Yeas-Mayor \'ar, Duelman, Councilmen Murphy, ,~chueller, Thompson, \Vharton. Nays ---?gone. Councilman Thompson moved that the ordinance be placed on file with iite Cit}- Clerk for public inspection for at least one week before its final adop- tion. Seconded by Councilman ~llw-- phy. Carried by the following vote: Yeas -Mayor Van Duelman, Coun- cilmen 1\-Iurphy, Schueller, Thompson, Wharton. Navs-None. Communication of the Pacific Coast Building Officials Conference extend- ing invitation to attend the 19th An- nual Conference to be held in Santa Barbara, California, from September 30 to October 3, 1941 presented and read. Councilman Murphy moved that the communication be referred to the Council. Seconded by Councilman Schueller. Carried by the following votee: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Petition of Magdalene P. Millin and Pauline D. Wieland requesting approv- al of a nets Subdivision to be l:no~vu as Green View Addition presented and read. Councilman IVlurphy moved that the petition be referred to the Plan- ning and Zoning Commission for their recommendation and report. Second- ed by Councilman Thompson. Car- ried by the following vote: Yeas- P;fayor Van Duelman, Councilmen Murphy, Schueller, Thompson, \Vhar- ton. Navs-None. Councilman 1~Iurphy moved that the rules be suspended for the purpose of allo~riug any one present in the Coun- cil Chamber, tvho wishes to do so, to address the Council. Seconded h}> Councilman \Vharton. Carried bv_ the following vote: Yeas-1\Ia}>or Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. TIr, r111an Conrad addressed the Cotm- cil stating that on June 33th, 1941 he filed an application for a Class "C" beer permit and requested Council to cote on his application as Council has not taken this action. Resolution No. 91-41 \Vhereas, Application for Class "C" Beer Permit has been submitted to this Council for approval and the same has been examined: Nov, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by appli- cant shall be forthwith inspected. Class "C" Permit 1`dame Address Allan Conrad, 1600 Lincoln Avenue. Councilman Schueller moved the acloptiou of the resolution. Seconded by Councilman 'Thompson. Motion lost by the following vote: Yeas - Couucilmen Schueller. Nays -Mayor Van Duelman,, Couugilmeu Murphy and \Vharton. Councilman Thompson not voting. Mr. Allan Conrad then addressed the Council asking why the Council had rejected his application. City A~Ianager Rhomberg told Mr. Con- rad that it was not necessary for the Council to disclose their reason for rejecting his application. ~1r. Conrad then informed the Council that he was going to take the matter into court. Ordinance No. 20-41. An Ordinance prescribing compensation for members of the City Council in accordance with Chap. 224. Laws of 49 G. A. of Iowa, said ordinance having been passed upon first and second readings on August kith. 191 and ordered place on file with the City Clerk for public inspec- tion for at least one tiveek before its final adoption, presented and read a third time. ORDIIVA~CE NO. 20-41 An Ordinance prescribing compensa- tion for members of the City Coun- cil, in accordance with Chap. 22-1, Laws of 49 G. A. of Iowa. Ft~ It Ordained by the City Council oI the City of Dubuque: Section 1. That the annual compen- sation for the members of the City Council of the Cit}= of Dubuque is hereby filed at $300.00 per annum, the ~-,ame being in conformity with Chap. _'?4 of th.e laws of the 49t1t General As- sembly c;f the state of Io«-a, effective J ul~- 4, 19-1i. Section 2. This ordinance shall be in force and effect from and after its final passage, adoption and approval h}> the City Council and publication as provided bi> law. Passed upon first and second read- ings this 14th day of August, 1941. Passed, adopted and approved upon final reading this 21st day of August, 1941. FRANK VAN DU~L~IAN, Mayor. F. W. THOI\IPSON, ALBERT \VHARTON, B. A. SCHU~LL1~R, GRO. R. MURPHY, Councilmen. Attest: J. J. SHWA, City Clerlc. -~., Special Session, Published officially in The Tele- graph-Herald newspaper and The Daily Tribune newspaper, this 22nd day of August, 19-11. J• J• SHWA, 8-22-1t City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 111urphy,-Schuel- ler, Thompson, Wharton. Nays-None. Ordinance No. 21-41. An Ordinance amending Ordinance No. 10-37, being an Ordinance designated as "Traffic Code of the City of Dubuque" by re- pealing RUL,~ (67) and enacting a substitute therefor relating to the right of way of motor vehicles at intersec- tions, said ordinance having been pass- ed upon first and second readings on August 14th, 1941 and ordered placed on file with the City Clerk for public inspection for at least one week be- fore its final adoption, presented and read a third time. ORDINANCE NO. 21-41 An Ordinance amending Ordinance No. 10-37, being an Ordinance des- ignated as "Traffic Code of the City of Dubuque" by repealing RUI,F, (67) and enacting a substitute there- for relating to the right of ova}= of motor vehicles at intersections. Be It Ordained by the Cit}= Council of the City of Dubuque: Section 1. That RUI,R (67) of the Traffic Ordinance 10-37 is hereby re- pealed, and the following enacted in lieu thereof: "Where two vehicles are approach- ing on any public street or highway so that their paths will intersect and there is danger of collision, the vehi- cle approaching the other from the right shall have the right of way." The foregoing rule is modified at through highways and otherwise as provided in the Traffic Ordinance. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. This Ordinance shall be in force and effect ten (10) days from and after its final passage, adoption and approval by the City Council and publication as provided by lay=. Passed upon first and second read- ings this 14th day of August, 1941. Passed, adopted and approved upon final reading this 21st da}= of August, 1941. FRANK VAN DUFI,MAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHUFI,I,FR, GRO. R. MURPHY, Councilmen. Attest: J. j. SH$A, Cit}> Clerk. 21st, 1941. 207 Published officially in The Tele- graph-Herald newspaper and The Dail}- Tribune newspaper this 22nd day of August, 19-11. J• J• SHEA, 8-22-1t City Cleric. Councilman IVlurphy moved the adop- tion of the ordinance. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuei- ler, Thompson, Wharton. Nays-None. August 21, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The pumping equipment of the Fire Department is in need of some replace- ment because of the age of some of the units. Herewith submitted is a communication from the Fire Chief with suggested specifications fora 750 gallon triple-combination pumping enm give with hose carrier and booster pump. I recommend that the Council in- struct the City Clerk to advertise for bids for the purchase of a new 750 gallon triple-combination pumping en- gine as outlined by the Fire Chief. I further recommend that bids be solicit- ed upon a cash payment basis solely from manufacturers and such author- ized agencies that maintain complete stock of replacement parts and com- petent mechanical service. Respectfull}= submitted, A. A, RHOMBERG, City Manager. Councilman ~~lharton moved that the recommendation of City Manager Rhomberg be approved and that the City Clerk be instructed to advertise for bids for the purchase of a new 750 gallon triple-combination pumping en- gine as recommended by City Manager Rhomberg, Seconded by Councilman llurph}>. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, ~~Tharton. Nays-None. August 21, 1941. To the Honorable Mayor and City Council, Dubuque, Iov~=a. Gentlemen: This is to advise that I have approv- ed the following bond and policy and desire to have your approval on same for filing: Excavation Richard J. Burke, 130 West 13t1i Street, Bond No. 3173, American Bonding Co. of Baltimore. `, f ~.~~. , L„`~_ . I,l~ ~x ~~ ;~~; -- -~.._ 20i3 Special Session, August 21st, 1941. Taxi-Cab ohn S. Young, 2307 Francis Street, Policy INTO. 26036, North Central Mu- tual Auto Insurance Assn. Respectfully submitted, A. A. RHONIBBRG, City 1\Ianager. Councilman Thompson moved that ti:e boucl and policy be approved and placed on file. Seconded by Council- man Schueller, Carried by the follow- ing vote: Yeas-LVlayor Van Duelman, Councilmen Tlurphy, Schueller, Thomp- son, 1Vharton. Nays-None. Resolution I~Io, 92-41 Whereas, The Planning and Zoning Commission of the City of Dubuque tools under consideration the applica- tion of Jaclc B. Welp and others for rezoning the Northerly 15 feet of Lot NTO. 3 and Lots 1 and 2 of Randall's Sub. No. 2 in the City of Dubuque, from aTwo-Family Restdence District to a Local Business District and re- ported that the changing of said Two- Family Residence District to a Light Industrial District would answer the purpose requested; and Whereas, The City Council, upon its own motion, deems rt proper to change the zoning districts to meet the appli- cation of the petitioners by changing Lots Nos. 1, 2 and the Northerly 15 feet of Lot No. 3 of Randall's Sttb, No. 2 from a Two-Family Residence District to a Light Industrtal District; and Whereas, Before said Zoning 1\Iap Wray be thus amended anti changed it is necessary that a public hearing be held thereon: Now, Therefore, Be It Resoh~ed by the City Council of the City of Dubuque: That there should be a hearing on the f~ucstion of changing hots 1~tos. 1, 2 and the Northerly 15 feet of Lot No. 3 of Randall's Sub. No. 2 from a Two- Family Residence District to a Light Industrial District, and that the City Clerlc, be, and he is hereby directed to cause to be published in the Du- buque Telegraph-Herald and the Du- buque Daily Tribune notice of public hearing to be held by this Cottncil upon the proposed change and amend- ment, the elate of said hearing being 1 erebv filed at 7:30 P. NL, on the 11th day of September, 1941, ant to be held in the Council Chamber iu the City Hall, said notice to b~ published so as to leave at least fifteer (15) days between the day of publi cation thereof and the time filed fo said hearing. That at said hearing parties in interest and citizens shal have an opportunity to be heard. Passed, adopted and approved this 21st day of August, 1941. FRANK VAN DUDLMAN, 1\Iayor. F. ~V. THOMPSON, ALBDRT WHARTON, B. A. SCHU~LLBR, GBO. R. It/URPHY, Councilmen. Attest: J. J. SHFA, City Clerlc. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman 1\Iurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution RTo. 93-41 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit Name Address John Weig (Transfer of address from 500 Rhomberg Ave.l, 28 $ast 24th Street. Passed, adopted and approved this 21st day of August, 1941. FRANK VAN DU$LMAN, 11layor. F. W. THOMPSON, ALBDRT VVHARTON, B. A. SCHU~LL~R, GBO. R, MLJRPHY, Councilmen. t\ttest: J. J. SHDA, City Clerlc. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Resolution l~lo. 94-41 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 he has filed a proper bond: Now, Therefore, Special Session, August 21st, 1941. Be It Resolved by the Council o the City of Dubuque that the Manage be and he is hereby directed to issu to the following named person a Bee Permit. Class "B" Permit Name Address John Weig (Transfer of address fron 500 Rhomberg Ave.), 28 fast 24t1 Street. Be It Further Resolved that the bond filed by such applicant be anc the same is hereby approved. Passed, adopted and approved thi; 21st day of August, 1941. FRANG VAN DU~I,MAN, Mayor, F. W. THOMPSON, AL,BRRT WHARTON, B. A. SCHUJ~I,L,ER, G>~O. R. MURPHY, Councilmen. Attest: J. J. SH>~,A, City Clerk. Councilman Murphy moved the adop- tion of the resolution. Seconded Tiy Councilman Thompson, Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 95-41 ,t 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 follow- ing application be and the same is hereby approved and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected. Class "B" Permit for Private Club Name Address I,uxemberg Club of Dubuque, Iowa, (Transfer of address from 1382 Cen- tral Avenue), 1832-68 Central Ave. Passed, adopted and approved this 21st day of August, 1941. FRANK VAN DURI,MAN, Mayor. F. W. THOMPSON, AI,BF,RT WHARTON, B. A. SCHUBI,la$R, G)~O. R. MURPHY, Councilmen. Attest: J. J. SHRA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Diurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 96-41 209 ~-Vhereas, 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 Manager be and he is hereby directed to issue to the following named person a Beer Permit. Class "B" Permit for Private Club Name Address L,uxemberg Club of Dubuque, Iowa, (Transfer of address from 1382 Cen- tral Avenue), 1832-68 Central Ave. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 21st day of August, 1941. FRANK VAN DU~I,MAN, Mayor. F. W. THOMPSON, AI,B)~RT WHARTON, B. A. SCHUDI,I,)~R, G>;O. R. MURPHY, Councilmen. Attest: J. J. SH)~A, City Clerk. Councilman Murphy moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Vau Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Attorney Syl McCauley addressed the Couttcil in support of the applica- tion of the Dubuque Sportsman's bodge for a Class "B" beer permit for private club. Councilman Whar- ton moved that the entire matter re- lating to the application of the Du- buque Sportsman's bodge for a Class "B" beer permit for private club be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 97-41. Preliminar}* approval of proposed plans, specifica- tions, form of contract, plat and sched- ule and all other documents for the construction of a six (6) inch 'vitrified file sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty (280) feet x ~:` _: 1°9;<. 1; C..i~.~~~i~ ii . i, „ !' _ i;^ ::~, ,,, y ~~ ~,, ~;~ 210 Special Session, August Zlst, 1941. northerly presented and read. Coun- cilman Zlurphy moved the adoption of the resolution. Seconded by Couucil- ntan Wharton. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen IVlurphy, Schueller, Thompson, Wharton. Na}>s-None. Resolution No. 98-41. Resolution of Necessity for the construction of a six (6) inch vitrified the sanitary sewer in Plum Street from the present man- hole in Plum Street to two hundred and eighty (280) feet northerly pre- sented and read. Councilman Mur- phy moved that the resolution be ap- proved and placed on file with the City Clerk for final action. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 1~Iurphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 99-41. Resolution filing date of hearing as September 11th, 1941, at which time the owners of property subject to assessment may appear and make objections to the pro- posed plans and specifications, propos- ed form of contract, plat and sched- ule, and cost of construction, also to the passage of the proposed Resolution of Necessity for the construction of s six (6) inch vitrified the sanitary sewer in Flum Street from the present man- hole in Rush Street to t~vo hundred and eighty (280) feet northerly present- ed and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 100-41. Preliminary approval of proposed plans, specifica- tions, form of contract, plat and sched- ule and all other documents for the construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeasterl}> from the present man- hole in Coates Street to I,ot 2 of 4 of Fremont Avenue Subdivision and southerly to Wartburg Place and in Wartburg Place southerly from Fre- sont Avenue to I,ot 1 of 1 of 2 of ZI. I,. 139 presented and read. Council- man illr,rph}' moved the adoption of the resolution. Seconded by Council- man Thompson. Carried by the fol- lowing vote: Yeas-'.flavor Van Duel- man, Councilmen 1\Inrph}~, Schueller, Thompson, ~`rharton. Nays-None. Resolution No. 101-41. Resolution of Necessit~> for the construction of a six (6) inch vitrified the sanitary server in Fremont Avenue northeast- erly from the present manhole in Coates Street to I,ot 2 of •1 of Fre- mont Avenue Subdivision and souther- ly to Zartburg Place and in ~Vart- burg Place southerly from Fremont Avenue to I,ot 1 of 1 of 2 of 1~I, la. 139 presented and read. Councilman Murphy moved that the resolution be approved and placed on file with the City Clerk for final action. Seconded b}> Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Resolution hTO. 102-41. Resolution fitting date of hearing as September 11th, 1911 at «>hich time the owners of property subject to assessment may appear and make objections to the pro- posed plans and specifications, propos- ed form of contract, plat and schedule, and cost of construction, also to the passage of the proposed Resolution of Necessity for the construction of a six (6) inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to I,ot 2 of 4 of Fremont Avenue Sub- division and southerly to Wartburg Place and in Wartburg Place souther- ly from Fremont Avenue to Taot 1 of 1 of 2 of M. L. 139 presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-~Iavor Van Duelman, Cotmcilmen Murphy, Schuel- ler, Thompson, tiVharton. Nays-None. There being no farther business Councilman Thompson moved to ad- journ, Seconded by Councilman Schuel- ler. Carried b}> the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, Wharton. Na}>s-None. J• J• SHWA, City Clerk. Approved _______________________1941. .Adopted ------------------------1941 I Councilmen: ~_______________________ ~ttPSt: __________.____________________ City Clerlr.