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1941 September Council ProceedingsRegular session, L '.!~` ~ (Official) Regular Session, September 1st, 1941. No members of the Council being present on roll call, the meeting was postponed subject to call. J• J• SHEA, City Clerk. Approved ______________________1941. Adopted ________________________1941. ---------------------- Councilmen: ______________________ September lst, 1941. Attest: ___________________________ City Clerk. 211 212 Adjourned Regular Session, September 2nd, 1941 (Official.) Adjourned Regular Session, Septem- ber 2nd, 19-11. Council met at 7:45 P. M Street to University Avenue thence oter University Avenue and rejoin Highway 20 at Center Grove. lVfr. Fal- kenhainer was informed that upon com- pletion of the new Dubuque and last Dubuque Bridge that the Council would then meet with the highway committee of the Chamber of Commerce and rep- resentatives of the Dubuque Automo- bile Club for the purpose of discussing City routes. Present-Mayor Van Duehnan, Coun- cilmen Murphy, Schueller, Thompson, Wharton, City 1\Iattager Rhomberg. Mayor Van Duehnan stated that this meeting is an adjourned meeting of the regular meeting of September 1st, 1941, for the purpose of acting upon such business as may properly come be- fore a regular meeting of the City Council. Petition of Payson Berg et al, citi- zens and taxpayers of the City of Du- buque with boathouses in the Dubuque Harbor, and citizens and taxpayers of the City of Dubuque who are in sym- pathy with their cause, appealing to the City Council from a ruling of the City Docks Commission which fixes a fee of X1.00 per front foot per annum on all boathouses in the harbor and asl~ing that the fee be fixed at 50 cents per front foot per annum, presented and read. Councilman Wharton moved that the rules be suspenclecl for the purpose of allowing any one present in the Council Chamber, ~vho wishes to do so, to address the Council. Second- ed h}- Councilman Schueller. Carried by the follo«ing rote: Yeas-i\Iayor Van Duehnan, Councilmen ilfurohy, Schueller, Thompson, Wharton. Nays -Non°. 1-Iessrs. George Lambert and Emil Deutmeter addressed the Council in support of the petition and requested the Council to aid the petitioners in hating the rental fce reduced from X1.00 per front foot to 50 cents per front foot. Councilman Schueller moved that the petition be referred to the Council for the purpose of holding a meeting with the Docle Board, said meeting to he held at 7 o'clock P. 1\~1. nn Thursday, September 11th, 1941, on this matter and all interested parties are invited to be present at said meet- ing and the City Manager to fie in- structed to contact the Dock Board and request a continuance of the suits now pending, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duehnan, Councilmen Mttrphy, Schueller, Thompson, Wharton. Nays-None. Mr. Charles Falkenhainer addressed the Council relative to a City Routing being established as an alternate to U. S. Highway No. 20 and that said City Route be routed so that it will pass over Loras Boulevard to Alta Vista Street thence south on Alta Vista Mr. Ben Baumhover and 1\~Ir. ~Vil- liam 1\~Iarkey addressed the Cottncil stating that a petition had been filed by them for the construction of a sanitary server in Dodge Street from the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of Fremont Avenue and stated that the}* would like to have some information as to what action has been taken on their petition. September 2, 1941. To the Honorable 1\Iavor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held July 25th, upon re- ceipt of the petition of B. L. Baum- hover, et al, the 1\Ianager was iush-uct- ed to prepare a plat and schedule show- ing the cost to be assessed against the benefitted property for the construction of a saniary sewer in Dodge Street Erotn the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of s~remnnt A~-enue. The plat and schedule were prepared and nre~eutecl to the Council ou Au- g tst ~? st and the problem of financing the project was discussed. No action ;i-as tal.en pending a determination of whether the property owners «-ould pay in cash, since only $310.00 could he collected on an assessment basis because of the low / assessed valtta- tion of the property, against an esti- mated total cost of $1,721.71. I have contacted most of the property owners and find that with the exception of the petitioners, the owners are not able nor Milling to pay cash iu full. Because this project cannot be properl}~ financed, I recommend that the petition and the attached plat and schedule be received and filed. Respectfully submitted, A. A. RHO1~fB]RG, City 1l~Ianager. Councilman Murphy moved that the recommendation of City IVlanager Rhomberg be approved. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duehnan, Councilmen :Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of W. J. Whalen, Superintendent of the Chicago, Mil- Co crc sld poi on fro of wit to ~ b ui poi and tha Cot ba the Dui ler. B. ~ by and the Aae be t so r imn of r cret Adjourned Regular Session, September 2nd, 1941 ? 13 Waukee, St. Paul and Pacific Railroad Company submitting two copies of a proposed agreement providing for pay- ment by the railroad company of $5,000.00 in full discharge of its obliga- tion to pave Sycamore Street and re- questing execution of said agreement b}' the City of Dubuque presented and read. Councilman Wharton moved that the City Solicitor be instructed to prepare a proper resolution covering the execution of the agreement by the City of Dubuque. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-IVlayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton, Nays-None. Petition of Syl McCauley requesting tivithdrawal of the application of the Dubuque Sportsman's bodge for a Class "B" beer permit presented and read. Councilman Thompson moved that the request be granted. Seconded by Councilman Wharton. Carried by the following vote: Yeas-:Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, 1\Tays-None. Petition of James A. Saul et al, re- questing the installation of a street light at the intersection of Plum Street and Cleveland Avenue, presented and read. Councilman Thompson moved that the petition be referred to the Council to view the grounds. Second- ed by Councilman Schueller. Carried by the following vote: Yeas-iVlayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -I~TOne. Petition of Carr, Adams & Collier Company requesting permission to cross under ~Im Street at the south side of eleventh Street with pipes and power cables to go under the sidewalk on the south side of eleventh Street from this point to the southeast corner of hleventh and Washinton Streets with pipes and a buried tank and then to carry pipes hung on the side of their building on Washington Street to a point about 152 feet south presented and read. Councilman Murphy moved that the petition be referred to the Council to view the grounds. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of O. Ni. Schmid estate, by B. C. Schmid, et al, objecting to noises by cut-outs and horns on automobiles and motorcycles on L,oras Boulevard in the vicinity of Main Street to Central Avenue and requesting that action to be taleen to eliminate said noises and al- so requesting that the Council make an immediate investigation with the object of re-routing heavy traffic along con- crete pavements thru a business district instead of the residential district as set out in the zoning ordinance, presented and read. Councilman Murphy moved that the petition be referred to the Chief of Police for investigation and enforce- ment. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-11~Iayor Van Duelman, Council- men IVlurphy, Schueller, Thompson, Wharton. Nays-None. Petition of Clarence N. Hocking, et al, requesting the opening and grading to a proper grade the Alley between O'Neill Street and Groveland Place from Burden Street to Brunswick Street presented and read. Councilman V~Tharton 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 illurphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of Della C. Thul, referred to the City Council by the Board of Su- pervisors, requesting cancellation of the 1910 taxes on the South Z feet 6 inches of I,ot 2 and all of I,ot 3 of hleinschmidt's Subdivision, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Mur- phy, Carried by the following vote: Yeas-Mayor Van Duelman, Council- men A~Iurphy, Schueller, Thompson, Wharton. Nays-None. Petition of Geo. B. Collinson, re- ferred to the City Council by the Board of Supervisors, requesting cancellation of the 1910 taxes on Taots 17 to 2~1 in- clusive of Block 2 of Grandview Park Addition, presented and read. Cotmcil- man Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman ~-Iurphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Petition of 1\Irs. Mary Brandt, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 19.10 taxes on the South % of I,ot 162 of bast Dubuque Addition, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for inves- tigation 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 John J. Mueller request- ing apermit to operate a dairy for the purpose of pasteurizing and bottling milk at 2197 Delhi Street, presented and read. Councilman Murphy moved that the petition be referred to the Planning 214 Adjourned Regular Session, September 2nd, 1941 and Zoning Commission for their rec- ommendation and report. Seconded by Councilman Thompson. Carried by the following vote: Yeas - Nlayor Van Duelman, Councilman Murphy, Schuel- ler, 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 "Zon- ing Ordinance of the City of Dubuque" so as to change to "illulttple Residence District" certain defined territory now delimited as "Two-Family Restdence District" and declaring an emergency, said ordinance having been passed up- on first and second readings on Au- gust 21st, 1941, and ordered placed on file with the City Clerk for public in- spection for at least one week before its final adoption, presented and read a third time. ORDINANCE NO. 22-41. Is, An Ordinance Amending and Chang- ing Zoning Map of the City of Du- buque as Provided by Ordinance No. 3-34 Designated "Zonng Ordinance of the City of Dubuque" so as to change to "Multiple Restdence District" Cer- tain Defined Territory now Delimited as "Two-Family Residence District" and Declaring an Emergency. WHEREFORE, it is deemed advis- able by this City Council to amend the Zoning n/ap of the City of Dubuque as provided by Ordinance No. 3-3-1 des- ignated as "Zoning Ordinance of the City of Dubuque," so as to change to "Multiple Residence District," certain defined territory now delimited as "Two-Family Residence District"; and WHEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object thereto at a public meet- ing held at 7:30 p. m., August 21st, 1941; and tiVHEREAS, no objections have been filed or made to the proposed changes; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from "Two-Family Restdence District" to "Multiple Rest- dence District," the area described as follows: Lots 1 to 18 inclusive in Sub. of Out Lot No. 724 in the City of Du- buque, Iowa. Section 2. 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 law. Section 3. The cost of publication of this Ordinance shall be paid for by the parties who have requested the change. Passed upon first and second read- ings this 21st day of August, 1941. Passed ,adopted and approved on final reading, this 2nd day of September, 1941. FRANK VAN DUELMAN, Mayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, GEO. R. 1\~IURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Published officially in The Telegraph- Herald newspaper and The Daily Trib- une newspaper this 4th day of Septem- ber, 1941. J. J. SHEA, 9-4-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Ordinance \?o. 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 Dubuque" so as to change to "Local Business Dis- trict", certain defined territory now de- limited as "Two-Family Residence Dis- trict" and declaring an emergency, said ordinance having been passed upon first and second reading on August 21st, 1941, and ordered placed on file with the City Clerk for public inspection for at least one ~veelc before its final adop- tion, presented and read a third time. ORDINANCE NO. 23-41. An Ordinance Amending and Chang- ing Zoning 1llap of the City of Du- buque as Provided by Ordinance No. 3-34 designated "Zontng Ordinance of the City of Dubuque" so as to Change to "Local Business District," Certain Defined Territory now Delimited as "Two-Family Residence District" and Declaring an Emergency. WHEREFORE, it is deemed advis- able by this City Council to amend the Zoning Map of the City of Dubuque as provided by Ordinance No. 3-34 desig- =vi ,~ :~ t Adjourned Regular Session, September 2nd, 1941 215 nated as "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" certain defined terri- tory now delimited as "Two-Family Residence District"; and ~VH~R)~AS, notice of such proposed change has been published as provided by la~v and an opportunity afforded to any and all parties interested and citi- zens to object thereto at a public meet- ing held at 7:30 p. m., August 21st, 1941; and WH)~RI~AS, no objections have been filed or made to the proposed changes; Nov, Therefore, C Y OUNCDII,IOFDTH) CITY OF DUBUQUE: Section 1. That the Zoning Nlap be, and the same is hereby amended and changed as follows: ReBsidenceaDist~ct'frto '`L,o al Businelss District," the area described as follotivs: That the local business district, 90 feet by 384 feet, now existing 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 boundary of L,ot 1 of 2 of 1 of 1 of IViineral I,ot 67 in the City of Dubuque, and be extended north- erly to a total depth of 150 feet from the south property line of such Mineral L,ot 67 along Dodge Street all as shown in a plat now on file in the office of the City Clerk. Section 2. 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 law. ,'„ Section 3. The cost of publication of this Ordinance shall be paid for by the parties who have requested the change. Passed upon first and second read- ings this 21st day of August, 1941. Passed, adopted and approved on final reading, this 2nd day of Sep- tember, 1941. FRANK VAN DUDI,MAN, Mayor. F• W. THOMPSON, AL,B)?RT WHARTON, B. A. SCHUEL,I,)~R, G;~O. R, MURPHY, Councilmen. Attest: J. J. SH1~A, City Clerk. Published officially in The Telegraph- Herald newspaper and The Daily Trib- une newspaper, this 4th day of Sep- tember, 1941. J• J. SH)~A, 9-4-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Council Proceedings for the month of June, 1941, presented for approval. Councilman Murphy moved that the Council Proceedings for the month of June, 1941, be approved as printed, Seconded by Councilman Wharton. Carried by the following vote: Yeas- lllayor Van Duelman, Councilmen T-Iurphy, Schueller, Thompson, Whar- ton. Naps-None. Proofs of publication, certified to by the publishers, of a statement of re- ceipts and also a list of claims for which ~j=arrants were drawn during the month of July, 1941. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas - Mayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. September 2, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held July 22, 1941, the pe- tition of ]~. N. Joy, et al, requesting the installation of a street light at the intersection of Milwaukee and Jackson Streets was referred to the Council to view the grounds. The Council viewed the site on Au- gust 23rd and approved the request. I recommend that the action of the Council be confirmed. Respectfully submitted, A. A, RHOMBI~RG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed. Sec- onded by Councilman Murphy. Car- ried by the following vote: Yeas- Niayor Van Duelman, Councilmen Rlurphy, Schueller, Thompson, Whar- ton. Nays-None. September Z, 1941. To the Honorable Nlayor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held August 4th, 1941, the petition of the Trustees of the property of the Chicago, Milwaukee, St. Paul 216 Adjourned Regular Session, September 2nd, 1941 ';' _., and Pacific Railroad Company request- ing permission to construct a spur or industry track across Jones Street was referred to the Council to view the grounds. The site vas visited on August 23rd and the Council approved the request with the stipulation that the petitioner pay all he costs. I, therefore, recom- mend that the acion of the Council be coniu-med and the City Solicitor be in- structed to prepare the proper pro- ceedings. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman 11lurphy moved that the recommendation of City Alanager Rhomberg be approved and the deci- sion of the Council be confirmed and that the City Solicitor be instructed to prepare the proper proceedings as rec- ommended. Seconded by Councilman Schueller. Carried by the following vote: Peas-'Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, \VI•:arton. Nays-None. September 2, 1941. To the Honorable 1\Iayor and City Council, Dubuque, Iowa. Gentlemen-This is to advise that 1 have approved the following bond and desire to have your approval on same for filing: P~RSONAIJ I~dward M. Tschirgi, Accountant- ~Vater Department, Alassachusetts Bonding and Insurance Co. Respectfully submitted, A. A. RHOlIIB~RG, City Manager. Councilman Murphy moved that the bond be approved and placed on file. Seconded by Councilman Thompson. Carried by the following vote; Yeas- 1'[a}*or Van Duelman, Councilmen 11Iur- phy, Schueller, Thompson, Wharton. Navs-None. September 2, 1941. Tn the Honorable Mavor and City Council, Dubuque, Iowa. Gentlemen-At the session of the City Council held June 24th, the peti- tion of the Perfection Oil Company re- questing permission to erect a sign standard at the curb on the corner of Third and Locust Streets vas referred to tl~e Council to view the grounds. Before the Council eiewed the site on August 23rd the Company had changed its plans and erected the standard on its own property with the sign over- hanging the sidewalk. The required bond for the sign has not yet been posted, but the Building Commissioner has been instructed to obtain the bond or order the sign removed. Respectfully submitted, A. A. RHOMBI;RG, City Manager. Councilman Thompson moved that the communication of City Manager Rhomberg be received and made a matter of record. Seconded by Coun- cilman Schueller Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen D/urphy, Schueller, Thompson, Wharton. Nays-None. September 2, 1941. To the Honorable iVlayor and City Council Dubuque Iowa. Gentlemen-At the session of the City Council held August 4th, the peti- tion of D. D. Taylor, et al, requesting the installation of a street light at the corner of Atlantic and Delaware Street was referred to the Council to ~ iew the grounds. On August 23rd the Council viewed the site and decided that the present street light at Atlantic and Decorah Streets would handle the problem if its position with respect to the enveloping trees were improved. I recommend that the decision of the Council Ue con- rmed. Respectful)}~ submitted, City Manager. Councilman Murphy moved that the recommendation of City Manager Rhomberg be approved and the deci- sion of the Council be confirmed. Sec- onded b}~ Councilman Thompson. Car- ried by the following vote: Yeas- 1llayor Van Duelman, Councilmen Zlur- phy, Schueller, Thompson, ZVharton. Nays-None. September 2, 19-11. To the Honorable 1\Iayor and City Cotmcil, Dubuque, Iojva Gentlemen-At the session of the City Council held Jul}~ 22nd, the peti- tion of G. C. Scheirer, et al, requesting the installation of a street light at or near the intersection of 31st and Tack- son Streets tvas referred to the Council for further consideration. The Council later decided to grant the request. I recommend that the de- cision of the Council be confirmed. Respectfully submitted, A. A. RHOMB$RG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhoml-erg he approved and the deci- sion of the Council be confirmed. Sec- ' onded by Councilman Murphy. Car- iied b}* the following vote: Yeas - Adjourned Regular Session, September Znd, 1941 217 Mayor Van Duelman, Councilmen Mur- received the approval of this Council; PhY, Schueller, Thompson, Wharton. and Nays-None. ,~:E Resolution Pero. 103-41. Whereas, Applications 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 following applications be and the same are hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Class "B" Permit Name Address John A. Armstrong and Harriett Arm- strong, 398 Main Street. John A. Hochberger and William Hochberger, 1701 Asbury Street. William Spear and Mrs. Ivy Ritten- house, 1654 Central Avenue. Patrick R, Kennedy and Minnie Ken- nedy, 2412 Central Avenue. Ittrs. Viola Grode and Harry Grode, 1643 Central Avenue. F. H. L,enstra, 127 `Vest Sixth Street. Alois O. Weitz and Nellie Zvl. tiVeitz, 201 $ast 22nd Street. Gust Billis and Madeline Billis, 605 1blain Street. George Nardin and Rose Nardin, 1105 University Avenue. Class "B" Permit for Private Club Dubuque bodge 1Vo. 355 Loyal Order of Moose, 1379 Central Avenue. Class "C" Permit Tenenbom Super-Market, Inc., 630 Lo- cust Street. Passed, adopted and approved this 2nd day of September, 1941. FRANK VAN DU~LTIAN, F• «T. THOMPSOI~T, Mayor, AL,BRRT ~~THARTON, B. A. SCHU~LLI;R, GAO. R. MURPHY, Councilmen. Attest: J. J, SHRA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Murphy. Carried by the following vote: Yeas-1\Iayor Van Duelman, Councilmen 1\Iurphy, Schuel- ler, Thompson, \Vharton. Nays-None. Resolution 1~Io. 104-41 Whereas, Heretofore applications were filed by the within named appli- cants for Beer Permits and they have Whereas, the premises to be occupied by such applicants have been inspected and found to comply with the ordin- ances of this City and they have filed a proper bond; Now, Therefore, Be It Resolved, by the City Council of the City of Dubuque that the Man- i~ue bo thedfo lowing named apph cnts a Beer Permit, Class "B" permit Name Address John A. Armstrong and Harriett Arm- strong, 398 Main Street. John A. Hochberger and William Hochberger, 1701 Asbury Street. William Spear and Mrs. Ivy Ritten- house, 1654 Central Avenue. Patrick R. Kennedy and Minnie Ken- .. nedy, 2412 Central Avenue. Mrs. Viola Grode and Harry Grode, 1643 Central Avenue. F. H. I,enstra, 127 West Sixth Street. Alois O. Weitz and Nellie M. Weitz, 20t'~ast 22nd Street. Gust Billis and Madeline Billis, 605 Main Street. George Nardin and Rose Nardin, 1105 University Avenue. Class "B" Permit for Private Club Dubuque bodge No. 355 Loyal Order of Moose, 1379 Central Avenue. Class "C" permit Tenebom Super-11larlcet, Inc., 630 Lo- cust Street. Be It Further Resolved, That the bonds filed by such applicants be and the same are hereby approved. Passed, adopted and approved this 2nd dap of September, 1941. FRANK VAN DU$LMAN, F. \V. THOhIPSON, Mayor, ALBERT WHARTON, B. A. SCHU~I,I,BR, G$O. R. MURPHY, Councilmen, Attest: J• J• SHWA, City Clerk, Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Wharton. Carried by the fo11o5ving vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, \Vharton. Nays-None. Resolution No. 105-41. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the resurfacing of ZVest Third Street from the 1~ast prop- 21S Adjourned Regular Session, September 2nd, 1941 erty line of Burch Street to the \Vest property lice of Alpine Street South presented and read. Councilman Thompson moved the adpotion of the resolution. Seconded by Councilman Alurphy. Carried by the following ote: Yeas-mayor Van Duelmau, Councilmen lllurphy, Schueller, Thomp inn, \l'l:arion. Naye. D,"nne. Resolution No. 106--41. Resolution of ~~ecessity for tiie resurfacing of \\Test 1 hircl ~~treet from the $ast property line of Uurch Street to the \Vest prop- ert~ iine of Alpine Street South pre- sented and read. Councilman Tltontp- son moved that the resolution be ap- proved and placed on file for public in- spection and final action. Seconded b}- Councihnan Itfurphy. Carried by the foilowing vote: Yeas-A~Iayor Van Duelttan, Councilmen i\Iurphy, Schuel- ler, `l'hompsom, \Vharton. Nays-None. Resolution No. 107-~41. Resolution fi~.ing date of hearing on the proposed plans and specifications proposed form of contract, plat and schedule, cost of impro~°ement and the proposed Resolu- tion of Necessity for the resurfacing of \\".st Third Street from the 1?.ast prop- erty line of }3tn-ch Street to the \Vest property line of Alpine Street South presented and read. Councilman Thompson moved the adoption of the resolution. Seconded lv Councilman 11lurphy. Carried by the following vote: Yeas-Mayor Van Duelmau, Councilmen Murphy, Schueller, Thomp- son, \Vharton. Nays-None. There being no further business, Councilman Thompson moved to ad- iourn. Seconded by Councihnan \Vharton. Carried by the following vote: Yeas-IVlayor Van Duelmau, Councilmen Dlurphy, Schueller, Thomp- son, \Vharton. Nays-None. J• J~ Sx>~A, Cit}~ Clerk. Approved ----------------------19-41. Adopted -----------------------19.41. Councilmen ~ _______________________ ~~~ ~~ Special Session, September 2nd, 1941. 219 ''~ - ; ~ ~; ~ ~ (®fficial) Special Session, September 2nd, 1911. Board met at 9:00 P, l~I. Present-Chairman Frank Van Duel- man, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson and Albert Wharton, Resolution IVo. 10~-41. Whereas, it is provided by Section 9, Chap, 117, of the laws of the 49th Gen- eral Assembly "that local registrars in cities having a population of thirty-five thousand (35,000) or more, shall be ap- pointed by the local board of health. A copy of such appointments and assign- ments shall be kept as a permanent rec- ord in the office of the county registrar and a copy thereof shall be forwarded to the state registrar"; and Whereas, it is reemed advisable by the Board of Health to comply with the statute as enacted; Now, Therefore, Be It Resolved By The Board of Health of the City of Dubuque, That Miss 1\Iae Moore be, and she is hereby appointed local registrar of the City of Dubuque, and that a copy of such ap- pointment shall be sent to the county registrar to be kept as a permanent record in the office of the county regis- trar, and a copy thereof shall be for- warded to the state registrar. Passed, adopted and approved this 2nd day of September, 19=11. FRANK VAN DUHI,MAN, F. W. THOI\IPSON, AL,BI;RT WHARTON, B. A. SCHUEI,L,)~R, GDO. R. MURPHY, Board of Health. Attest: J. J. SHWA, Cleric. Mr. Geo. R. Murphy moved the adop- tion of the resolution, Seconded by Mr. F. W. Thompson, Carried by the fol- lowing vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Mur- phy, B. A. Schueller, F. W. Thompson, Albert Wharton. Nays-None There being no further business, Mr Albert Wharton moved that the Board of Health adjourn. Seconded by Mr. B. A. Schueller. Carried by the follow- ing vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B, A. Schueller, F. W. Thompson, Albert Wharton. Nays-None. J. J• SHI;A, Clerk, Board of Health, Approved ______________________1941. Adopted _______________________1941. Members of, _______________________ Board ofd ________________ _ - ----° Health}_______________________ Attest ------------------------ Clerk, Board of Health,__ 2~0 Special Session, September 11th, 1941. ~~~~ ~~~• (®fficial) Special Session, September 11th, 19.11. Council met at 7:30 P. 11. Present-Mayor Van Duelman, Coun- cilmen Murphy, Schueller, Thompson, '\Vharton, City &Iauager Rhomberg. Meeting called by order of Council- men Thompson and \Vharton. 1~Iayor 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 hearing upon the proposed plans and specifications, form of contract, plat and schedule and proposed Reso- lutions of Necessity for the construc- tion of sanitary sewers in Fremont Ave- nue and in Plum Street and acting on any other business as may properly come before a regular meeting of the Cit}~ Council. Proofs of publication, certified to by the publishers, of notice of hearing upon the proposed plans and specifications, form of cuutract, and cost of construc- tion of a six-inch vitrified the sanitary seiner in Fremont Avenue northeasterly from the present manhole in Coates Street to L,ot 2 of -4 of Fremont Avenue Subdi~•ision and southerly to Zartburg Place and in Wartburg Place southerl}~ fi-om l'remont .1t"en!te to I,ot 1 of 1 of of lI. I,. 1?9, ~iresented and read. No v,-ritten objections filed and uo ob- jectors present in the Council Chan! - ber. Councilman 'Thompson mooed that the proofs of publication be re- ceived and filed. Seconded b}~ Council- man Schueller. Carried by the foilo~v- ing <rote: Yeas-l~layor Van Duelman, Councilmen Iilurphy, Schueller, Thomp- son, '\Vharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to L,ot 2 of 4 of Fremont Ave- nue Subdivision and southerly to ZVart- burg Place and in Wartburg Place southerly from Fremont Avenue to I,ot ~ 1 of 1 of 2 of IVI. I,. 139, presented and read. No written objec- tions filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received and filed. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- A~Iayor Van Duelman, Councilmen Murphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 109-~}1. Decision of the Council upon objections filed to plans, specifications, form of contract and cost of construction of a six inch vitrified the sanitary sewer in Fremont Avenue northeasterly from the present manhole in Coates Street to I,ot 2 of -1 of Fremont Avenue Subdivision and southerly to Wartburg Place and in ~'\%artburg Place southerly from Fre- mont Avenue to Z,ot 1 of 1 of 2 of bI. I,. 139, presented and read. Coun- cilman Wharton moved the adoption of the resolution. Seconded b}' Council- man Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson, Wharton. Nays-None. Resolution No. 101-~11. Resolution of Necessity for the construction of a sis inch vitrified the sanitary server in Fre- mont Avenue northeasterly from the present manhole in Coates Street to I,ot 2 of -1 of Fremont Avenue Subdi- vision and southerly to Wartburg Place and in Wartburg Place southerly from Fremont Avenue to L,ot 1 of 1 of 2 of AI. L,. 139, said resolution having been approved and placed on file for final action on August ?1st, 19.11, presented and read for final adoption. Cnuncil- ntan Murphy moved the adoption of the resolution. Seconded by Council man Thompson. Carried by the fol- loti•ing vote: Yeas-itelavor \Tan Duel- !nan, Councilmen Murph}r, Schuller, Thompson, Z';'harton. Nays-None. Resolution No. 110-41. Resolution orderitt!; construction and directing the City Clerk to advertise for p!-oposals for the constr!!tcion of a six inch vitri- f ed sanitary sewer in Fremont Avenue nor±heasteri}~ from the present manhole in Coates Street to L,ot 2 of 4 of Fre- mo.~t Avenue Subdivision and souther- ly to \\'artburg Place and in Sartburg" Place southerl}~ from Fremont Avenue to L,ot 1 of 1 of 2 of 1\~I. L,. 139, present- ed and read. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman :~Iurnhv. Carried by the following vote: Yeas- 1\Iayor Van Duelman, Councilmen 1\[ur- nhv, Schueller, Thompson, \Vharton. Nays-None. Proofs of publication, certified to by the publishers, of notice of hearing up- on the proposed plans and specifica- tions, form of contract and cost of con- struction of a six inch vitrified the sani- tary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty feet northerly, pre- sented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Mur- phy moved that the proofs, of publica- tion be received and filed. Seconded b}r Cotmcilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. Proofs of publication, certified to by the publisher of notice of pendency of resolution of necessity and hearing upon proposed plans and specifications, form of contract and cost of construc- tion of a six inch vitrified the sanitar}> sewer in Plum Street from the present manhole in Rush Street to two hun- dred and eighty feet northerly, pre- sented and read. No written objections filed and no objectors present in the Council Chamber. Councilman Mur- phy moved that the proofs of publica- tion be received and filed. Seconded by Councilman Schueller. Carried by the following vote: Yeas-1\~Iayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson ~ZTharton. Nays-None. Resolution No. 111-41. Decision of the Council upon objections filed to plans, specifications, form of contract and cost of construction of a six inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eig:ay feet northerly, presented and read. Councilman Murphy moved the adop- tion of the resolution. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 1llurphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 98-41. Resolution of Necessity for the construction of a six- inch vitrified the sanitary sewer in Plum Street from the present manhole in Rush Street to two hundred and eighty feet northerly, said resoultion having been approved and placed on file for final action ou August 21st, 19-11, presented and read for final adop- tion. Councilman Thonipsou moved the adoption of the resolution. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Tlayor Van Duelman, Councilmen Tfurphy, Schueller, Thompson, Whar- ton. Nays-None. Resolution No. 112-41. Resolution ordering construction and directing the City Clerk to advertise for proposals for the construction of six inch vitrified the sanitary sewer in Plum Street from the pesent manhole in Rush Street to two hundred and eighty feet northerly presented and read. Councilman Thompson moved the adoption of the - resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, Nays-None. Proofs of publication, certified to by the publishers, of notice of a public hearing upon a proposal to amend and change the Zoning Map by changing from "Two-Family Residence Dis- trict" to a "bight Industrial District" hots Nos. 1, 2 and the Northerly 15 feet of L,ot No. 3 of Randall's Sub. No. ?, presented and read. No written ob- jections filed and no objectors present in the Council Chamber. Councilman Thompson moved that the proofs of publication be received anal filed. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Nlayor Van Duelman, Councilmen Murphy, Schueller Thompson, Whar- ton. Nays-None. Ordinance No. 24-41. An Ordinance Amending and Changing the Zoning Map 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 bight Indus- trial District, certain defined territory now delimited as Two-Family Resi- dence District, presented and read. Councilman Thompson moved that the reading 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, Schueller, Thompson, Wharton. Nays -None. Councilman Thompson tr}oved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Schueller. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton, Nays-None. The or- dinance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- on reading of the ordinance. Second- ed by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen 1\-Iurphy, Schueller, Thompson, Wharton, Nays -None, Councilman Thompson moved 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 by Council- man Schueller. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. September 10, 1941. Honorable Mayor and Members of City Council, City Hall, Dubuque, Iowa Gentlemen: Referring to the meet- ing scheduled for tomorrow evening, September 11th, between the Dock Commission, the City Council and a number of the pleasure boat owners, I sincerely regret that absence from the city on the part of Mr. T. M. Stampfer and myself will make it absolutely im- possible for us to be present. Mr. Stampfer left the City last Sun- day for an extended trip which he had planned for some time and it is imper- ative that I be in Chicago on Friday 222 Special Session, September 11th, 1941. morning to participate in the Midwest $mergency Conference to be held at the Hotel Morrison. Matters to be con- sidered at this conference are of such vital importance to our industries as well as to our laboring people as to make it inadvisable for me not to be there. Will you please see that the inter- ested parties are notified, and I would also suggest that a notice of the post- ponement of this meeting be published in both of our local papers, with the assurance that the Dock Commission will be most pleased to arrange to be present at the next meeting of the City Council which, I understand, is to be held September 22nd or any other date tivhich may be convenient far all con- cerned. Yours very truly, J. A. K~RP~R, Chairman, Board of Dock Commissioners. Councilman Thompson moved that the communication be received and made a matter of record and the City Manager be instructed to notify the interested parties to be present at a meeting to be held at 7:00 P. 117. on September 22nd, 1941. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, ZVharton. Nays-None. Petition of Senior High School re- questing perrmission to stretch a banner across plain Street between the Du- buque Building and the building of the Fitzpatrick Sporting Goods Company beginning September 5 through Novem- ber 14, presented and read. Council- man Alurphy moved that the request be granted. Seconded by Councilman ZVharton. Carried by the following vote: Yeas-Dfayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. Petition of Frank Nisius requesting that he be granted a free licence to peddle fruit and vegetables, presented and read. Councilman 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 Mur- phy, Schueller Thompson Wharton. Nays-None. Petition of John R. lace submitting an offer of $10.00 per lot as payment in full of the special assessments levied against hots 30 and 31 in Quigley's Subdivision of North part of Mineral I,ot 157, presented and read. Council- man Wharton moved that the petition be referred to the City Manager for in- vestigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Petition of Franlc Spielman request- ing arefund on his cigarette permit No. 144 as he has discontinued business, pre- sented and read. Councilman Murphy moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of Frank Spielman to cover the refund for the period from October 1st, 19.11, to July 1st, 1942. Seconded by Councilman Thompson. Carried by the following vote: Yeas-IVlayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Communication of National Institute of Municipal I,aw Officers urging the City Council to authorize the City So- licitor to attend the Annual meeting of the National Insitute of Municipal L,aw Officers to be held at Washington, D. Co., on December 4th, 5th and 6th, 1911, presented and read. Councilman Wharton moved that the City Solicitor be requested to attend said meeeting -the expenses of said trip to be borne by the City of Dubuque. Seconded by Councilman Thompson. Carried by the following vote: Yeas-1\Iayor Van Duelman, Councilmen Alttrphy, Schuel- ler, Thompson, Wharton. Nays-None. September S, 1941. Honorable Mayor and Member of the City Council, Dubuque, Iowa. Gentlemen Re: Complaint of O. 1VI. Schmid Estate by B. C. Schmid and others. An investigation of the above com- plaint has been made and I herewith submit a report of my findings. A traffic count of the cars using the intersection of 14th Street and Central is self-explantory. It reflects however that the flow of traffic is about all the street can carry with the present traffic control device in operation at this in- tersection. I have been informed by AIr. Bethke that many of the control hoses are in need of replacement. I would suggest that when they are re- placed that a more modern type be se- cured, one which will be sufficiently flexible to meet any traffic eventuality which might arise. As regards Busses, about 12 to 20 busses use this intersection each hour. The average car volume as regards the direction traveled by busses is in the neighborhood of 1000 cars per hour. The chief objection to_the busses would be the delay in picking up passengers. It is suggested that a bus stop be pro- vided on the east side of Central Ave- nue just north of 14th Street. Busses then twill not interfere with the free flow of traffic when picking up passen- gers. In regard to horn blowing and other loud noises emitting from vehicles it would seem that there is no unusually great amount of such in comparison with the large flow of traffic over this street. It would but take a surprising- ly few of the cars blowing horns, etc„ to cause annoyance to residents. I don't believe there is justification for any special police effort in this regard. The horn blowing, etc. would be just occasional as regards the individual of- fender and I don't believe a conviction with a penalty would hold in court. That there is constant noise, there is no doubt-however, wherever this traffic would be routed the same con- dition will prevail. Respectfully yours, JOS. H. STRUB, Chief of Police. Councilman Wharton moved that the recommendation of Chief of Police Strub be approved. Seconded by Councilman Thompsn. Carried by the following vote: Yeas-Mayor Van Duelhan, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. September 8th, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa: Gentlemen-I herewith submit the reports of the City Auditor, City Treas- urer, City Health Department, City Recreation Director and City Water- works, also a list of claims and payrolls for tivhich warrants were drawn during the month of August, 1941, The Du- buque Playground report for the year 1941 is also included. Respectfully submitted, A. A, RHOMB~RG, City Manager. Councilman Thompson moved that the reports be received and placed on file. Seconded by Councilman 1\Iurphy. Carried by the following vote: Yeas-- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. September 11, 1941. To the Honorable 11layor and City Council, Dubuque, Iowa: Gentlemen-At the session of the City Council held July 22nd, 1941, the petition of Mrs. August Klein request- ing that she be reimbursed in the amount of $31.25 for the unnecessary excavation to locate the stopped sewer at 1922 Rosedale Street was referred to the City Manager and City Solicitor for investigation and report. We have investigated the case and recommend that a warrant in the amount of $34:25 be ordered drawn on the Main Sewer in favor of H. B. Mc- Carten, the plumber who did the work, upon the filing of the proper release by Mrs. August Klein. Respectfully submitted, A, A. RHOMB~RG, City Manager. JOHN J. KINTZINGI;R, City Solicitor. Councilman Thompson moved that the recommendation of City Manager Rhoinberg and City Solicitor Kintzin- ger be approved and that the City Au- ditor be instructed to draw a warrant in the amount of $34.25 on the Main Sewer Fund in favor of H. B, McCar- ten, said warrant to be delivered upon the filing of a proper release by Mrs. August Klein. Seconded by Council- man Wharton. Carried by the follow- ing vote: Yeas-Mayor Van Duelman, Councilmen IVlurpry, Schueller, Thomp- son, Wharton, Nays-None. Septemebr 9, 1941. Honorable 1Vlayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: In Re: Petition of Mrs. Mary Brandt for Suspension of 1940 taxes on: Dast Dubuque Add. S/ of L,ot 162, asking that the 1940 taxes be suspend- ed because of infirmity and unemploy- ment, I recommend that the Petition should be approved by the City Coun- cil of the City of Dubuque and notifica- tion of such approval given to the Board of Supervisors of Dubuque County, Iowa. JOHN J, KINTZING~R, Respectfully submitted, City Solicitor. Councilman Wharton moved that the recommendation of City Solicitor Kintzinger be approved and the peti- tion of 1\Srs. Mray Brandt requesting suspension of the 1940 taxes on the South % of Lot 162 Dast Dubuque Ad- dition be granted and the Board of Su- pervisors to be notified of the action of the City Council. Seconded by Coun- cilman Thompson. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Murphy, Schueller, Thompson Wharton. Nays-None. September 9, 1941. HonorableMayor and Members of the City Council, City of Dubuque, Iowa: Gentlemen: In Re: Petition of Della C. Thul for Cancellation of 1940 taxes on: S. 2'-6" of I,ot 2 of Klenschmidt's Sub., I,ot 3 Kleinschmidt's Sub. asking that the 1940 taxes be cancelled because of infirmity, I recommend that the Petition should be approved by the City Council of the City of Dubuque ,;. -.1 224 Special Session, September 11th, 1941. for suspension of said taxes, and notifi- cation of such approval given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZING>~R, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor Itintzinger be approved and the peti- tion of Della C. Thul requesting can- cellation of the 19$0 taxes on the South 2 feet 6 inches of Lot 2 and all of Lot 3 of Kleinschmidt's Subdivision be de- nied, but a suspension of said taxes be ordered granted, and the Board of Su- pervisors to be notified of the action taken by the City Council. Seconded by Crnutcilmau Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. September 9, 19-}1. Honorable 1\Iavor and illembers of the City Council, City of Dubuque, Iowa: Gentlemen: In Re: Petition of George B. Collinson for Cancellation of the 1940 tales on: Grand View Park Add. Lots 17, 18, i9, Z0, 21, 22, 23, 24, all in Block No. 2, asking that the 1940 taxes be cancclleci because of infirmity, I recommend that the Petition should be approved by the City Council of the City of Dubuque for suspension of said taxes, and notifi- cation of such approval given to the Board of Supervisors of Dubuque County, Iowa. Respectfully submitted, JOHN J. KINTZING~R, City Solicitor. Councilman Thompson moved that the recommendation of City Solicitor I~intzinger be approved and the petition of George B. Collinson requesting can- 18, 19, 20, 2'1, 22, 23, 2.1, all in Block collation of the 1940 taxes on Lots li, No. 2 of Grand View Park Addition be denied, but a suspension of said tales he ordered granted, and the Board of 't;per;-isors to be notified of the action taken by the City Council. Seconded by Councilman Wharton. Carried by the following vote: Yeas-A~Iayor Van Duelman, Councilmen l~Iurph}*, Schuel- ler, Thompson, Wharton. I~?ays-I~?one. Special Ordinance No. ?,5-41. An Ordinance Granting to the Trustees of the Chicago, A~filwaukee, St. Paul and Pacific Railroad Company, their Suc- cessors and Assigns, the right to con- struct, maintain and operate an Indtts- h-~- Track across Jones Street in the City of Dubuque, said Traclc to connect t~-ith an existing Track, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Councilman Thompson moved that the rules be suspended re- quiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schueller, Thomp- son, Wharton. Nays-None. The or- dinance 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 Wharton. Carried by the following vote: Yeas-NIa}'or Van Duelman, Councilmen Murphy, Schueller, Thompson, Wharton. Nays -None. Councilman Thompson moved that the ordinance be placed on file with the City Clerk for public iuspec- tiun for at least one week before its f,na.l adoption. Seconded by Council- man Whartan. Carried by the follow- ing vote: Yeas-It~ia}>or Van Duelman, Councilmen Alurphy, Schueller, Thomp- son, «'hartou. Nays-None. Resolution 1Vo. 113-41. ~~rhereas, The Trustees of the Chi- cane, Milwaukee, St. Paul and Pacific Railroad Company have entered into a tentative agreement with the City of Dubuque for the paving of Sycamore Street with concrete from the north line of 18th Street to the South line of 16th Street; and ~Z'hereas, A written agreement con- taining the terms and conditions there- of has been presented to the Council for approval; and, R'hereas, The Council deems it advis- able that said agreement be approved and the same executed by the City of Dubuque upon payment to the City of Dubuque by the sum of $5,000.00; and, Whereas, Said City Council deems it advisable that the i\Iayor and City Clerk be authorized to execute said agreement for and on behalf of the City of Dubuque: Note, Therefore, Be It Resolved By The City Council Of The City Of Dubuque, That the written agreement presented to the City Cotmcil in reference to the paving of Sycamore Street from the north line of 18th Street to the south line of 16th Street, he, and the same is hereby ap- proyed and t4:at the D~Iayor and Clerk of the City of Dubuque be, and they are hereby authorized to execute said agreement for and on behalf of the City of Dubuque and said agreement is to be turned over to the Trustees of the Chicago, l~lilmaukee, St. Paul and Pa- Special Session, September 11th, 1941. 225 `.:v,`.. cific Railroad Company upon payment by them of the sum of $5,000.00 to the City of Dubuque. Passed, adopted and approved this 11th day of September, 1941. FRANK VAN DU1;L,MAN, Mayor. F. W. THOMPSON, AI,B);RT WHARTON, B. A. SCHU~L,L,1R, G);O. R. MURPHY, Councilmen. Attest: J, J. SH$A, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilman Murphy, Schuel- ler, 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 Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilman Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Attorney John A. Cunningham ad- dressed the Council in support of the application of the Nine-Ninety Club for a Class "B" beer permit for Private Club and requesting Council to act fa- vorably on said application. Council- man Alurphy moved that the applica- tion of the Nine-Ninety Club for a Class "B" beer permit for Private Club be referred to the City Solicitor for in- vestigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton. Nays-None. Resolution No. 114-41. Preliminary approval of plans, specifications, form of contract, plat and schedule and all other documents for the construction of a six inch vitrified the sanitary sewer in Kane Street from the present man- hole in Kaufmann Avenue to Four Hundred and Seventy (4701 feet north presented and read. Councilman It~Iur- phy moved the adoption of the resolu- tion. Seconded by Councilman Thomp- son. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller, Thompson, \Vharton. Nays-None. Resolution No. 115-41. Resolution of Necessity for the construction of a six inch vitrified the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to Four Hundred and Seventy (4%0) feet north, presented and read. Councilman Thompson moved that the resolution be approved and placed on file for public inspection and final action. 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. 116-41. Resolution fixing date of hearing upon the pro- posed plans and specifications and pro- posed form of contract, plat and sched- ule and proposed Resolution of Neces- sity for the construction of a six inch vitrified the sanitary sewer in Kane Street from the present manhole in Kaufmann Avenue to Four Hundred and Seventy (470) feet north, presented and read. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Wharton. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. Telegram from Wm. H. Dress, May- or of $vansville, Chairman of Commit- tee of Midwest 1~mergency Conference requesting attendance of the Mayor at maid Conference to be held in Chicago, Illinois, on September 12th, 1941, pre- sented and read. Councilman Thomp- son moved that the Honorable Mayor and City Dlanager be authorized to at- tend the meeting of the Midwest Emer- gency Conference to be held in Chica- go, Illinois, on September 12th, 1941, the expenses of said trip to be borne by the City of Dubuque. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Murphy, Schuel- ler, Thompson, Wharton, Nays-None. AIr. Ben Baumhover addressed the Council requesting Council to recon- sider their previous action in receiving and filing the petition of B. L. Baum- hover, et al, requesting the construction of a sanitary sewer in Dodge Street from the present manhole in Stetmore Street easterly to a point approximately 90 feet north of the northerly line of Fremont Avenue. 1VIr. William Ivlar- key addressed the Council, requesting that the City T/anager be instructed to proceed with the construction of the sanitary sewer as asked for in the peti- tion of B. I,. Baumhover, et al. 14Ir. Ohmert addressed the Council, stating that the proposed sanitary sewer to be constructed in front of his prop- erty on Wartburg Place will not be deep enough to allow him to have a floor drain in his basement and further stating that on account of the depth of the sewer in front of his property being only about 3/ feet that there is a pos- sibility of the sewer freezing in the win- ter. AIr. Ohmert was informed that the hearing upon the proposed plans for the construction of the sewer in 226 Special Session, September 11th, 1941. Wartburg Place had been held and acted upon earlier in the evening and that the Council had ordered the con- struction of said sewer and directed that bids he advertised for the con- struction of said sewer. mid:; for furnishing the City of Du- buque ~5•ith a triple combination motor p~impi~tg engine of 750 gallons capacity per minute were opened and read b}• q,ity lllanager Rhomberg. Councilman ~~, harton moved that the bids be re- ferred to the Council for consideration rind that the City 12anager and Fire Chief be instructed to prepare a tabu- lation of said bids and submit same to tl e Council with their recommendation. Seconded by Councilman Schueller. Carried by the following vote: Yeas- 1\Iayor Van Duelman, Councilmen Mur- phy, Schueller, Thompson, Wharton. Nays-None. There being no fttrther business, Councilman «"harton moved to ad- journ. Seconded by Councilman i1Sur- phy. Carried by the follo~viug Grote: Yeas-Mayor Van Duelman, Council- men Murphy, Schueller Thompson, ~}'} a.rton. Nays-I~TOne. J• J• SHDA, City Clerlc. Approved ----------------------1941. Adopted _______________________1941. I I Councilmen {_______________________ Attest: ----------------------------- ~ City Clerk. I, (®fficial) Special Session, September 11th, 1941. Board met at 10:00 P. M. Present-Chairman Frank Van Duel- man, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson, Albert Wharton. Communication of Mae A. Moore, advising of her acceptance of the ap- pointment as Registrar of Vital Statis- tics for the City of Dubuque, presented and read. Mr. Geo. R. Murphy moved that the communication be received and placed on file. Seconded• by Mr. Al- bert Wharton. Carried by the follow- ing vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Murphy, B. A. Schueller, F. W. Thompson, Al- bert Wharton. Nays-None. There being no further business, Mr. Geo. R. Murphy moved that the Board of Health adjourn. Seconded by Mr. B. A. Schueller. Carried by the fol- lowing vote: Yeas-Chairman Frank Van Duelman, Messrs. Geo. R. Mur- phy, B. A. Schueller, F. W. Thompson, Albert Wharton. Nays-None. J• J. SHl~A, Clerk, Board of Health. Approved ______________________1941. Adopted ------------------------1941. Members ofl_______________________ Board of~_____________ _________ Health _ Attest ------------------------------ Clerk, Board of Health. 22~ Special Session, September 22nd, 1941. (®fficial) Special Session, September 22nd, 19-11. Council met at 8:45 P. bI. Present-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton, City 1Vlanager Rhomberg. Absent-Councilman Murphy Meeting called by order of Council- men Thompson and Wharton. Nlayor 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 hearing upon the proposed plans and specifications, form of contract and cost of construction also upon the Reso- lution of Necessity for the resurfacing of West Third Street from the )mast property line of Burch Street to the West property line of Alpine Street South and acting on any otiter business as may properly come before a regular meeting of the City Council. Proofs of publication, certified to by the publishers, of notice of hearing up- on the plans and specifications, form of contract and cost of construction for the resurfacing of West Third Street from the mast property line of Burch Street to the Zi'est property line of Alpine Street South, presented and real. Councilman ~\%harton moved that the proofs of publication be re- ceived and filed. Seconded b}* Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Schueller Thotnpson, Wharton. Navs-None. Absent- Councilman Murphy. 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 Schueller, Thompson, Wharton. Nays-None. Absent-Councilman Murphy, blesses. Carl F. Hartman, Oscar Jaeger, An- drew Fluetsch, addressed the Council requesting that West Third Street be improved at once in accordance with the plans and specifications as adopted and that the advertisement for bids for the resurfacing of West Third Street be not delayed. Communication of Peter H. McCar- thy, requesting Council to consider his communication as a protest against the West 3rd Street pavement until I look up more legal grounds, presented and t•ead. blr. Peter H. McCarthy ad- dressed the Council stating that he presented his communication in order that proceedings for the paving of West Third Street might be delayed for a short time in order that he might investigate the report that when once a street is permanently paved that it is the duty of the City to keep the same in repair and not to cause another pav- ing assessment. Councilman Thomp- son moved that the communication be received and fled. Seconded by Coun- cilman Wharton. Carried by the fol- lowing vote: Yeas-Mayor Van Duel- man, Councilmen Schueller, Thompson, Wharton. Nays-None. Absent- Councilman Murphy. Pt•oofs of publication, certified to by the publishers, of notice of pendency of Resolution of Necessity and hearing up- on proposed plans and specifications, form of contract and cost of improve- ment for the resurfacing of West Third Street from the Rast property line of Burch Street to the West property line of Alpine Street South, presented and read. Councilman Thotnpson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lo~ving vote: Yeas-Mayor Van Duel- man, Councilmen Schueller, Thompson, Wharton. Navs - \Tnne. Absent -. Councilman blurph-}'. Resolution No. 117-41. Decision of Council upon objections to plans, speci- ficatoins, forth of contract and cost of improvement for the resurfacing of Nest Third Street from the Rast prop- erty line of Burch Street to the Nest property line of Alpine Street South, presented and read. Councilman 'i'hotmpson moved 'che adoption of the resolution. Seconded by Councilman 1Jhat-ton. Carried by the following rote: Yeas-,Mayor Van Duelman, Councilmen Schueller, Thompson, ~Z'harton. Nays -None. Absent - Cou~tcilmait bturph}>. Resolution No. 106--I1. Resolution of Necessity for the resurfacing of 1Vest Third Street from the )~,ast property line of Burch Street to the \Vest property line of Alpine Street South, said resolution having been approved and ordered placed on file for final action on September 2nd, 19-41, pre- sented and read for final adoption. Councilman Thompson moved the adoption of the resolution. Second- ed by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman Councilmen Schueller, Thompson, ZVharton. Nays-None. Absent-Councilman Murphy. Resolution No. 118-41. Resolution ordering construction and directing the City Clerk to advertise for proposals -^~'- ~~- ,: . Special Session, September 22nd, 1941. 229 for the resurfacing of West Thir< Street from the $ast property line o Burch Street to the West property lint of Alpine Street South, presented anc read. Councilman Thompson movec the adoptoin of the resolution. Sec ouded by Councilman Schueller, Car- ried by the following vote: Yeas- Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy, Communication of The International City Managers' Association extending invitation to the Mayor and Members of the City Council and the City Man- ager to attend the annual conference of The International City Managers' Association to be held in Hollywood, Florida, on November 23 to 27 inclusive presented and read. Councilman Thompson moved that City Managet• Rhomberg be authorized to attend the annual conference of the International City Managers' Association to be held in Hollywood, Florida, from November 23 to 27 inclusive, the expenses of said trip to be borne by the City of Du- buque. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, «'harton. Nays -None. Absent - Councilman Murphy. Petition of L,. Schuster requesting a refund in the amount of $75.00 on his cigarette license No. 81, as he has dis- continued business until spring, pre- sented and read. Councilman Wharton moved that the request be granted and that the City Auditor be instructed to draw a warrant in the amount of $75.00 in favor of L,. Schuster to cover the amount of refund granted on the unex- pired term of his cigarette license from October 1st, 1941, to July 1st, 1942. Seconded by Councilman Thompson. Carried by the following vote: Yeas- Dlayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Petition of DI. Palmer, et al, request- ing that a change be made in the regu- lations with respect to minimum area requirements so that a building permit shall be issued authorizing William Hammerand to proceed with the con- struction of a house on the Southerly 20 feet of I,ot 216 and the Northerly 20 feet of Taot 217 in Davis Farm Addi- tion, 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 following vote: Yeas-lVtayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent - Councilman Murphy, Dirs. Schuster addressed the Council, stating that she is desirous of building a house on a lot at 28th and Pine Streets and states that she is unable to secure a building permit on account of not having the required minimum area and requesting that the Council give consideration to changing the present requirements as regards the minimum area of lots for building purposes. IVirs. Schuster was informed that a study is now beinig made as to the compila- tion of a new Building Code and that the requests for a change in the mini- mutn area for building purposes would be considered at that time. Petition of Alfred Wunder, referred to the City Council by the Board of Supervisors, requesting cancellation of the 1939-1940 and 1941 taxes on I,ot 26 Finley Home Addition, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Dtayor Van Duelman, Councilman Schueller, Thompson, Wharton. Nays -1\TOne. Absent-Councilman Murphy. Petition of 11Irs. Katie A. Miller, re- ferred to the City Council by the Board of Supervisors requesting suspension of the 1940 taxes on Lots 9 and 10 of Johnson Subdivision, presented and read. Councilman Thompson moved that the petition be referred to the City Solicitor for investigation and report. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duletnan. Councilmen Schueller, Thompson, Wharton. 1\Tays -None. Absent-Councilman Murphy. Petition of Dubuque Park Commis- sion, requesting the use of funds de- rived from the sale of rock to the Du- Dubuque Stone Products Company for extraordinary park expenditures, which cannot he made from the regular ap- propriation budgeted for the mainten- ance and operatton of the parks, pre- sented and read. Councilman Wharton moved that the petition be referred to the Council and that the City Manager he instructed to arrange a meeeting be- tween the City Council and the Park Board Commission for the purpose of discussing the petition. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, What•ton. Nays -None. Absent-Councilman Murphy. Petition of John Kringle, requesting Council to talee some action in order that he may proceed with the building of his house at 539 West Third Street, and stating that he secured a building permit in January of this year for said construction and that said construction ~s no`v being held up by the Building 230 Special Session, September 22nd, 1941. Commissioner, and further requesting the Council to make an inspection trip to this building and look over the same as to compliance with the Building Code, presented and read. Councilman \Vhartou moved that the petition be referred to the Building Commissioner. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Dueltnan, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Ordinance No. 24-41. An Ordinance Amending and Changing the Zoning Map of the City of Dubuque as pro- vided by Ordinance No. 3-34, desig- nated "Zoning Ordinance of the City of Dubuque" so as to change to Light Industrial District, certain defined ter- ritory now delimited as Two-Family District, said ordinance having been passed upon first and second readings on September 11th, 1941, and ordered placed on file with the City Cleric for public inspection for at least one weel: before its final adoption, presented and read a third time. ORDINANCE NO. 24-41. An Ordinance Amending and Chang- ing the Zoning Map of the City of Dubuque as Provided by Ordinance No. 3-34, Designated "Zoning Ordi- nance of the City of Dubuque," so as to change to Light Industrial Dis- trict, Certain Defined Territory now Delimited as Two-Family Residence District. WHEREAS, It is deemed advisable b}~ the City Council to amend the Zon- ing Tlap of the City of Dubuque as provided b}' Ordinance No. 3-34 ,desig- nated as "Zoning Ordinance of the City of Dubuque," so as to change to Light Industrial District, certain territory hereinafter described, now delimited as Two-Family Residence District; and Z~THEREAS, notice of such proposed change has been published as provided by law and an opportunity afforded to any and all parties interested and citi- zens to object theereto at a public meeting held at 7:30 P. M., September 11th, 19.11 .in the Council Chamber in the City Hall; and WHEREAS, no objections have been filed or made to the proposed change; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE: Section 1. That the Zoning Map be, and the same is hereby amended and changed as follows: By changing from Two-Family Resi- dence District to Light Industrial Dis- trict, the area descrtbed as follows: hots Nos. 1, 2 and the northerly 15 feet of Lot No, 3 of Randall's Sub. No. 2, Section 2. This ordinance shall be in force and effect from and after its final passage, adoption, approval by the City Council and publication as by law provided. Section 3. The cost of publication of this ordinance shall be paid for by the party who has requested the change. Passed upon first and second readings this 11th day of September, 1941. Passed, adopted and approved on final reading, this 22nd day of Septem- ber, 1941. FRANK VAN DUELMAN, 1VI ayor. F. W. THOMPSON, ALBERT WHARTON, B. A. SCHUELLER, Councilmen. Attest: J. J. SHEA, Cit}* Clerk. Published officiall}~ in The Tele- graph-Herald newspaper and The Daily Tribune newspaper, this 24th day of September, 1941. J• J• SHEA, 9-24-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman \Vharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays-None. Absent-Councilman Murphy. Special Ordinance No. 25-41. An Or- dinance Granting to the 'T'rustees of the Chicago, Milwaukee, St. Paul and Pa- cific Raihroad Company, their Success- ors and Assigns, the right to construct, maintain and operate an Industry Track across Jones Street in the City of Du- buque, said Track to connect with an existing Track, said Ordinance having been passed upon first and second read- ings on September 11th, 1941, and or- dered placed on file with City Clerk for public inspection for at least one week before its final adoption, presented and read a third time. SPECIAL ORDINANCE NO. 25-41. An Ordinance Granting to the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Railroad Company their Successors and Assigns, the Right to Construct, it/aintain and Operate an Industry Track across Jones Street in the Cit}~ of Dubuque, said Track to Connect with an existing Track. tsr, 1'1' VKLJAlNr;ll JiY "l~HN; CITY COUNCIL, OF TH$ CITY OP DUBU~U~: Section 1. That there be, and them is hereby granted to the Trustees a the Chicago, Milwaukee, St. Paul anc Pacific Railroad Company, their suo cessors and assigns, the right and au• thority to lay down, construct, main• tain and operate a spur or industr} track across Jones Street in Dubuque in the location indicated on the blue- print now on file in the Office of the City Clerk, which blueprint is made a part hereof by reference; said Trustees are granted the right and permission tc re-locate the catch basin, boulevard light and Griswold flashing signal in Jones Street in order to permit the con- struction of said spur or industry track in accordance with said plat above re- ferred to; that said Trustees, at their sole expense, are directed to plank said track so as to make the same reasonably safe for use of persons and vehicles and said Trustees are to keep the same in a reasonably safe condition, and said Trustees are to restore that portion of Jones Street which is disturbed by the re-location of the catch basin, boulevard light and Griswold flashing signal to its former condition. Section 2. Said track is to conform to the grade of the street as established and shall be so constructed and main- tained that the free passage for pedes- trians and vehicles across the same at Jones Street shall not be interfered with and the right to impose additional con- ditions and requirements upon the use of said track and or its maintenance whenever reasonable circumstances arise to require same is reserved to the Council of the City of Dubuque, Section 3. It is further expressly stipulated and provided that all railroad companies now operating tracks in this city shall be entitled at any time to have their cars transferred over said tracks, and all intermediate tracks of said company, its successors and as- signs, which may be necessary to be used in order to connect with the track hereby authorized, upon the payment of such switching charges which may be uniformly applied within this city and accepted as reasonable between railroad companies operating within the city. Section 4. This ordinance shall be- come effective upon its passage, adop- tion and approval by the City Council ~, and publication as provided by law and the rights herein granted shall accrue to said Trustees, their successors and assigns only when the injuries and dam- age, if any, to property abutting upon satd track has been ascertained and compensated for, or in lieu thereof, when the record owners of such prop- erty and the record holders of liens and incumbrances thereon, have filed with this Council their consent to the con- struction and operation of such track and waivers and releases of any dam- ages which may be sustained by them on account of the said construction and maintenance; and when the costs of publication of this ordinance have been paid by the Trustees of the Chicago, Milwaukee, St. Paul and Pacific Rail- road Company. Passed upon first and second readings this 11th day of September, 1941. Passed, adopted and approved upon final reading this 22nd day of Septem- ber, 1941, PRANK VAN DU~I,MAN, Mayor. P. W. THOMPSON, AI,BDRT WHARTON, B. A. SCHU~L,I,~R, Councilmen, Attest: J. J. SH1aA, City Clerk, Published officially in The Telegraph- Herald newspaper and The Daily Tri- bune newspaper this 24th day of Sep- tember, 194-1. J. J. SHWA, 9-24-1t. City Clerk. Councilman Thompson moved the adoption of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-1~Iayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Froofs 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 montr of August, 1941, presented and read. Councilman Thompson moved that the proofs of publication be re- ceived and filed. Seconded by Coun- cilman Wharton. Carried by the fol- lo~wing vote: Yeas-Mayor Van Duel- man, Councilmen Schueller, Thompson, ~T'harton. Nays-None. Absent - Councilman 1\Iurphy. September 15, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-With reference to at- tached petition of Mr. John J. Mueller requesting permission to operate a Dairy Station at 2197 Delhi Street, we wish to advise your honorable body that at a meeting of the Planning and oning Commission held September 12, 19-11, the petitioner upon being made acquainted with the extraordinary na- ture of his request, through his attor- 232 Special Session, September 22nd, 1941. ~': :-, ~rsi._,._,. ;.t~ Y j :~ _'. ~;; Vii` ts, ~!:?''. . >. ,. ~_. ;-.., ney, llr. Tschudi, requested permission to withdraw the petition. Thus, the Planning and Zoning Com- mission returns the petition herewith with the recommendation that no fur- ther action be taken, Respectfully submitted, R. V. TIcILAY, Secretary Planning and Zoning Commission. Councilman Wharton moved that the reconumendatiou of the Planning and Loniu~; Commission be received and filed. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Niayor Van Duelman, Council- men Schueller, Thompson, Wharton. I Navs-None. Absent - Councilman Alurphy. September 15, 1941. To the Honorable D/ayor and City Council, Dubuque, Iowa. Gentlemen-~~`e return herewith pe- tition of Mrs. F,ftie Al~nger, et al, re- questing rezoning of block bounded by Muscatine Street, Primrose Street, Bur- lington Street, and Sabula Street, from Single Family to T~vo-Family Resi- dence classification. This petrttton is oui of order in that it does not conform to Section 2, Article 15, of the Zoning Ordinance, which requires that such petitions must contain the signatures of at least 50% of the surrounding prop- erty owners. The Planning and Zoning Commis- sion has conducted no study of the case but if the necessary signatures are pro- cured will be pleased to investigate and make a recoumnendation. In the mean- time we recommend to your honorable body that no action be taken. Respectfully submitted, R. V. McIiAY, Secretary Dubuque Planning and Zoning Commission. Councilman Schueller moved that tite reconmztendation of the Planning and Zoning Commission be received and filed. Seconded by Cotmcilmau Thomp- :nn. Carried by the following vote: Yeas-IVlayor Van Duelman, Council- men Schueller, Thompson, Wharton. Navs-I~?one. Absent - Councilman :~,~ urphy. September 22, 19.11. To the Honorable Mayor and Ci±v Council, Dubuque, Iowa. Gentlemen-This is to advise you that I have approved the follow; ing hoods and desire to have yonr approval on same for filing: $NCAVATION Maurice A. Hill, 1827 White Street, Fi- delity ~~ Casualty Co. of N. Y. D. A. Toles, Maquoketa, Iowa Massa- chusetts Bonding ~~ Ins. Co, Respectfully submitted, A. A. RHOTSB~RG, City Manager. £~,.,,_ Councilman Thompson moved that the bonds be approved and placed on file. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. I`Tavs-None. Absent - Councilman 11lurph}=. September 22, 1941, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-The contract and agree- ment between the City of Dubuque and the Dubuque Airways, Incorporated, for the use and operation of the airport will terminate on September 30, 1941. I recommend that a new contract and agreement be entered into embodying some changes from the present lease. The provision requiring the city to pay $10.00 per week for a period of 26 weeks beginning with each October 1st and ending 1larch 31st should be eliminated. In 1936, when the lease was made, there was little or no income in operat- in the airport during the winter, w=hich condition does not now obtain. Respectfully submitted, A. A. RHOMB~RG, City Manager. Councilman Wharton moved that the recommendation of City Manager Rhonth~rg be referred to the Council for consideration. Seconded by Coun- cilman Schueller. Carried by the fol- lowing vote: Yeas-11layor Van Duel- man, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent - Councilman Murphy. September 22, 19-11. To the Honorable Mayor and City Council, Illubttque, Iowa. Gentlemen-At the session of the City Council held September 11th, tl:e peti- tion of John R. I,ee submitting a com- promise offer of $10.00 per lot for pay- ment of the special assessments against hots 30 and 31 of Quigley's Subdivision of the North Part of i\~Iineral L,ot 157 teas referred to the City Manager for investigation and report. I have searched the records and find the facts as stated in the petition. On Decermher 1S, 1940, the Cott:~cil nccept- ed X20.00 per lot from the same peti- tioner for the same sort of assessment on Lots 26 and 27 of the same subdi- vision. I reonunend that the City Treasurer be authorized to accept $20.00 per lot as settlement in full of the spe- cial assessments levied against hots 30 and 31 in Quiglev's Subdivision of th? North Part of 1\~Iineral I,ot 157 and that the County Treasurer be notified to stril.e these special assessments from the records. Respectfully submitted, A. A. RHO:~IBI~RG, City Manager. Councilman Schueller moved that the recommendation of City Manager Rhomberg be aproved and that the City Treasurer and County Treasurer be in- structed accordingly. Seconded by Councilman Thompson. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. September 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Herewith submitted is Profile No. 1301, showing proposed grade on Cannon Street, from the west property line of South Locust Street to the west property line of Laurel Strut. I recommend that the proposed grade be approved as shown on Profile No. 1301, and an Ordinance be passed es- tablishing such grade on Cannon Street. Respectfully submitted, A. A. RHOMB);RG, City Manager. Councilman Thompson moved that the recommendation of City ll4anager Rhomberg be approved and also that Profile No. 1301 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Cannon Street from the west property line of South Locust Street to the west prop- erty line of Laurel Street. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Ordinance I~'o. 26-41. An Ordinance establishing a grade on Cannon Street from the west property line of South Locust Street to the west property line of Laurel Street, presented and read. Councilman Thompson moved that the reading just had be considered the first reading of the ordinance. Seconded by Counctlman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Coun- cilman Thompso nmoved that the rules be suspended requiring an ordinance to be read on three separate days. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- 1\Iayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. 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 Schueller. Carried by the following vote: Yeas- blayor Van Duelman, Councilman Schueller, Thompson, Wharton. Nays -None. Absent-Councilman 7\Iurphy. 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. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. September 19, 1941. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen -Herewith submitted is I~rofile No. 1302, showing the proposed grade on Laurel Street from the North property lice of South Grandview Ave- nue to the north property line of Can- non Street. I recommend that the proposed grade be approved as shown on Profile No. 1302, and an Ordinance be passed establishing such grade on Laurel Street. Respectfully submitted, A. A. RHOIVIBIRG, City Manager. Councilman Thompson moved that the recommendation of City manager Rhomberg he approved and also that Profile No. 1302 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Laurel Street from the north property line of South Grandview Avenue to the north property- lice of Cannon Street. Sec- onded by Councilman Schueller. Car- ried by the following vote: Yeas- Alayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy, Ordinance No. 27-41. An Ordinance establishing a grade on Laurel Street from the north property line of South Grandview Avenue to the north prop- erty line of Cannon Street, presented and read. Councilman Thompson moved that the reading just had be con- sidered the first reading of the ordi- nance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent - Councilman :Murphy. Councilman Thompson moved that the rules be sus- pended requiring an ordinance to be read on three separate days. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. The or- dinance was then read a second time. Councilman Thompson moved that the reading just had be considered the sec- ond reacting of the ordinance. Second- ed by Councilman Wharton. Carried by the following vote: Yeas - 1\~Iavor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. ,.~ Y~;" .x^E ",Ml, 234 Special Session, September 22nd, 1941. Absent-Councilman Murphy. Coun- cilman Thompson moved that the ordi- nance be placed on file with the City Clerk for public inspection for at least one week before its final adoption. Sec- onded by Councilman Wharton. Car- ried by the following vote: Yeas - Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. September 20, 19-11. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-Herewith submitted is Profile No. 1303 showing the proposed grade on Eleanor Street from the south property line of South Grandview Ave- ruc to four hundred and eighty-seven (-137) feet south. I recommend that the proposed grade be approved as shown on Profile No. 1303 and an ordinance be passed establishing such grade on Eleanor Street. Respectfully submitted, A. A. RHOMBERG, City ll4anager Councilman Thompson moved that the recommendation of City 1llanager Ikhomi>erg be approved and also that Profile No. 1303 be approved and that an ordinance be ordered prepared cov- ering the proposed grade of Eleanor Srteet from the south property lice of South Grandview Avenue to four hun- dred and eight-seven (487) feet south. Seconded b}~ Councilman Wharton. Carried by the following vote: Yeas- i~Iayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -\TOne. Absent-Councilman 1-Iurphy. Ordinance No. 28-41. An Ordinance establishing a grade on Eleanor Street from the south property line of South Grandview Avenue to four hundred and eighty-seven 0187) feet south, presented and read. Councilman Thompson moved that the reading just had be considered the lrst reading of the ordi- nance. Seconded by Councilman Schuel- ler. Carried by the following vote: -eas-Mayor Van Duelman, Council- me:~_ Schueller, Thompson, Wharton. N avs - None. Absent -Cotmcilman 1\Iurphy. Councilman Thompson moved that the rules be suspended requiring an ordinance to be read on three sepa- rate days. Seconded by Councilman Wharton. Carried by the following Grote: Yeas -Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. ATavs -None. Absent - Councilman It~Iurphy. The ordinance was then read a second time. Council- man Thompson moved that the reading iust had be considered the second read- ing of the ordinance. Seconded by Councilman Wharton. Carried by the following vote: Yeas-Iviayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. Coun- cilman Thompson moved that the or- dinance be placed on file with the City Cleric for public inspection for at least one week before its final adoption. Seconded by Councilman Schueller. Carried by the following vote: Yeas- iblayor Van Duelman, Councilmen Schueller, Thompson Wharton. Nays -None. Absent-Councilman Murphy. September 17, 1941. Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen-With reference to the application of Frank Nisius, asking that he be granted a license to peddle fruit, the ordinance provides: "Par. 3i4. May Exempt Certain Per- sons. Section 6. Disabled soldiers or sailors who have been honorably discharged from the United States Service or crippled, disabled or iudi- gent persons may be exempted front the provision of this ordinance, pro- viding they file an application with the City Council setting forth the grounds on which they request ex- euttion." If the Council is of the opinion that said Frank Nisius is crippled, disabled or an indigent person, the}~ may exempt him from securing a license to peddle fruit- Respectfully submitted, JOHN J. IiINTZINGER, City Solicitor. Councilman ~~Tharton moved that the petition of Frank I\Tisius, requesting that he be granted a license to peddle fruit tinder the provisions of Paragraph 314, Section 6, of Ordinance No. 4-1933 and asking etiemption from the payment of the license for the reason that he is badly disabled, be granted and that Frank Nisius be issued a free license to peddle fruit on account of disability. Seconded by Councilman Schueller. Carried by the following vote: Yeas- Alavor Van Duelman, Councilmen Schueller, Thompson, Wharton. I\?ays -1\TOne. Absent-Councilman Nlttrphy. Resolution No. 119-41. 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 Cit}- of Dubuque that the following application be and the same is hereby approved and it is ordered that the premises to be occupied by such appli- cant shall be forthwith inspected. Special Session, Septembee 22nd, 1941 Class "B" Permit Name Address Peter J. Kress (Transfer of address from 41 West 7th St,) 435 Central Avenue. Passed, adopted and approved this 22nd day of September, 1941. FRANK VAN DUJ;I,MAN, Mayor. F. W. THOMPSON, AI,B~RT WHARTON, B. A. SCHURI,I,$R, 239 There being no further business Councilman Thompson moved to ad- journ. Seconded by Councilman Schuel- ler. Carried by the following vote: Yeas-Mayor Van Duelman, Council- men Schueller, Thompson, Wharton. Nays-None. Absent -Councilman Murphy. J• J. SHEA, City Clerk. Approved _________®___®________1941. Councilmen. Attest: J. J. SHRA, City Clerk. Adopted ________________________1941. Councilman Wharton moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van ~_______________________ Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. _______________________ Absent-Councilman Murphy. Councilmen: Resolution No. 120-41. _______________________ Whereas, Heretofore application was filed by the within named applicant for __________________®____ Class "B" Beer Permit and it has re- ceived the approval of this Council; and Attest: __________ 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. Glass "B" Permit Name Address Peter J. Kress (Transfer of adress from 41 West 7th St.) 435 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 22nd day of September, 1941. FRANK VAN DU1;L,MAN, Mayor. F. W. TI~OMPSON, AI,BI~,RT WHARTON, B. A. SCHUJ;I,I,~R, Councilmen. Attest: J. J. SHWA, City Clerk. Councilman Thompson moved the adoption of the resolution. Seconded by Councilman Schueller. Carried by the following vote: Yeas-Mayor Van Duelman, Councilmen Schueller, Thompson, Wharton. Nays -None. Absent-Councilman Murphy. _.._____ City Clerk. _ 236 Special Session, September 22nd, 1941.