1949 January Council ProceedingsINDEX-Book 79
1949 SUBJECT
X
Sept. 19-Xavier Hospital, granted Cigarette Permit ...
Y
Page
537
June 20-Yates John T• and others asking that Lois Street from
Solon Street to Reeder Street and also Reeder
Street from Lois Street to Alpine Street and also
Salon Street from Alpine Street to Lors Street be
graded, gravelled and surfaced with asphalt ..... 255, 300
Z
June 30-Zillig George J., granted Cigarette Permit .
30-Zenz Clarence and Marie, granted Cigarette Permit ...
30-Zelens Bert, granted Cigarette Permit ..
'° 30-Zillig George J., granted Class "B" Beer Permit .....
July 18- ~Ziege chase cf Lots 14 and 5 of South Park Ili leAddi-
tion .....................................
Aug. 29-Zieppreci~t 1~illiam N., Lenore R. and Ann, objecting to
the proposed assessments to be livied against
their property for the Bradley Street Sewer ....
29-Zenz Clarence and Marre, requesting a refund on the
unexpired portion of their Cigarette Permit .....
Dec. 5-Zahina Mrs. Agnes, granted Class "C" Beer Permit .... .
290
291
293
294, 295
326, 445
459, 460
475
823
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Regular Session, January 3rd, 1949 1
City Council
(OFFICIAL.)
Resolution No. 1.49
WHEREAS, Austin C. Waller ap•
pears to be the record owner of
the fallowing described property,
to-wit:
Regular Session, January 3rd,
1949.
Council met at 7:30 P.M.
Present-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton, City Manager
Rhomberg.
Mayor Van Duelman stated that
this is the regular monthly meet-
ing of the City Council for the
purpose of acting upon such busi•
ness as may properly come be•
fore the meeting.
Councilman Thompson moved
that the rules be suspended for
the purpose oY allowing any one
present in the Council Chamber,
who wishes to do so, to address
the Council. Seconded by Coucil-
man Wharton. Carried by the fol-
lowing vote: Yeas -Mayor Van
Duelman, Councilmen Moffat t
Murphy, Thompson, Wharton. Nays
-None.
Attorney Robt. Clewell addressed
the Council and presented a resa
lotion, for Council consideration
and adoption, authorizing the May-
or and City Clerk to execute to
Austin C. Waller a Quit Claim
Deed conveying a strip of land
in the center of Block 8 in Dubuque
Harbor Go.'s Addition in the City
of Dubuque, Dubuque County, Ia
wa, 2G.10 feet in width extending
from the southerly boundary line
of Jones Street to a line joining
the southerly boundary line of Lot
B of Lot 3 of said Black 8 with
the southerly boundary line of Lot
B of Lot 2 of Block 8, and also
extending to the southerly boun•
dart' line of Lot B of Lot 3 of said
Block 8 and to the southerly boun•
dory line of Lot B of Lot 2 of
said Block 8, the location of said
strip being shown as an alley also
to execute to Austin C. Waller
a Quit Claim Deed conveying Lot
A of Block 8 in Dubuque Harbor
Co's Addition. City Solicitor Kint-
zinger recommended that the resa
lotion be adopted.
The North 300 feet of the West
Half of Block 8; the North 300
feet of the East Half of Block
R; Lots 1 and 4 of Block 8; Lot
B of Lot 3 of Block 8 and Lot B
of Lot 2 of Block 8, all in Dubuque
Harbor Co.'s Addition in the city
of Dubuque, Dubuque County, Iowa,
and
WHEREAS, there was filed for
record and recorded in the office
of the Recorder of Dubuque Coun-
ty, Iowa, on January 27, 1859, a
plat appearing in Deed Record "T",
Page 641, showing an alley 26.10
feet in width extending in a nor-
therly and southerly direction
through the center of said Block
8 and equally distant from the
easterly boundary line of Warren
Street and the westerly boundary
line of Water Street, and
Whearas, there was filed for re•
cord and recorded in the office
of the Recorder of Dubuque Coun-
ty, Iowa, on October 21, 1878, in
Book of Plats, Page 223, a plat
showing an alley extending in a
norther]y and southerly direction
through the center of said Block
8, 20 feet in width and equally dis-
tant from the easterly boundary
line of Warren Street and the
westerly boundary line of Water
Street and
WHEREAS, a plat has been pre-
pared by Carl F. Bartels, Profes-
sional Civil Engineer and Land Sur-
veyor, dated December 23, 1948,
showing said alley in said Block
8 as being 20.7 feet in width and
designating that part of said al-
ley extending in a southerly direct
tion from Jones Street to the south-
erly boundary of the real estate
above described as Lot A of Block
8, which said plat has been sub-
mitted to the City Council of the
City of Dubuque, Iowa, for exam-
ination, and
WHEREAS, it appears that the
City Council of the City oP Du-
buque, Iowa, on November 18, 1868,
2 Regular Session, January 3rd, 1949
enacted an ordinance vacating the
whole of said alley from Jones
Street to Dodge Street, which said
ordinance was duly published in
book form in a bcok entitled "Re-
vised Ordinances of 1869", on Page
205 thereof, and
WHEREAS, at the time that said
ordinance was enacted vacating
said alley, said alley appeared on
said plat recorded on January 27,
1559, as 26.10 feet in width, and
WHEREAS, said alley has not
been used by the public or for
public purposes since prior to
1300,
NOW THEREFORE, BE IT AND
1T IS HEREBY RESOLVED that
the City of Dubuque, Iowa, shall
execute and deliver a Quit Claim
lleed conveying to Austin C. Wai-
ler all of the right, title and inter-
est of the said City of Dubuque,
Iowa, in and to the real estate for-
merly occupied by the aforesaid al-
ley in Block 8 in Dubuque Harbor
Co's Addition in the City of Du-
>`uque, Dubuque County, Iowa,
which adjoins and is contiguous ~
the real estate owned by the said
Austin C. Waller as herein de-
acribed, and designated on the plat
submitted as aforesaid as Lot A
of said Block 8.
BE IT AND IT IS HEREBY
i+URTHER RESOLVED that the
City of Dubuque, Iowa, shall
execute and deliver a Quit
Claim Deed conveying to Aus-
tin C. Waller all of the right, title
and interest of the said City of
Dubuque, Iowa, in and to a strip
of land in the center of Block 8
in Dubuque Harbor Co's Addition
in the City of Dubuque, Dubuque
County, Iowa, 26.10 feet in width
extending from the southerly boun•
dory line of Jones Street to a line
joining the southerly boundary line
of Lot B of Lot 3 of said Block 8
with the southerly boundary line of
Lot B of Lot 2 oY Block 8, and
also extending to the southerly
boundary line of Lot B of Lot 3
of said Block 8 and to the sou-
~herly boundary line of Lot B oP
Lot 2 of said Block 8, the location
of said strip being shown as an
alley in said plat recorded on Jan-
uary 27, 1859, in Deed Record "T",
Page 641, and being equally dis-
tant from the easterly boundary
line of Warren Street and the
westerly boundary line of Water
Street.
BE IT AND IT IS HEREBY
FURTHER RESOLVED that said
Iwo Quit Claim Deeds shall
be signed and executed by the
City of Dubuque, Iowa, by
Frank Van Duelman, Mayor oY
the City of Dubuque, and by J, J.
Shea, Clerk of the City of Du-
buque.
Passed, adopted and approved
January 3rd, 1949,
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON
GEO. R. MURPHY,
ALBERT WHARTON,
W. W. MOFFATT,
Councilmen.
Attest: J. J. SHEA,
City Clerk
Councilman Wharton moved the
adoption of the resolution. Second•
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays-None.
Notice of Claim of Myron G, Had-
ley in the amount of $5,000,00 far
injuries sustained caused by step-
ping into a hole in the alley,
caused by the removal of bricks,
immediately in the rear of the
Lowther Building located between
First and Second on Main street,
presented and read. Councilman
Moffatt moved that the Notice of
Claim be referred to the Citp So-
licitor for investigation and report.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Regular Session, January 3rd, 1949 3
Communication tof the United
States Conference of Mayors ad-
vising that the Annual Conference
will be held in Washington, D. C.
on March 21-23, 1949, presented
and read. Councilman Thompson
moved that the communication be
referred to the Council. Seconded
by Councilman Murphy. Carried
by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of the American
Surety Company submitting for fil-
ing, Power of Attorney, authoriz-
ing the execution of certain bonds
and undertakings by John C. Duf-
fey, As Attorney in Fact, present-
ed and read. Councilman Wharton
moved that the communication be
received and filed and the Power
of Attorney placed on file. Sec-
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of H. A. Baumhover
requesting that the area on North
Main Street from Kaufmann Ave-
nue to Seminary Street be rezoned
from its present two family resi-
dence district classification to mul-
tiple resident district classifica-
tion, presented and read. Council-
man Murphy moved that the pe-
tition be referred to the Planning
and Zoning Commission for their
recommendation and report. Sea
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of the United Cigar-
Whelan Stores Corporation re-
questing arefund in the amount of
$50.00 on the unexpired portion of
their Cigarette Permlt No. 98 as
they have discontinued business on
December 31, 1948, presented and
read. Councilman Moffatt moved
that the request be granted and the
Gity Auditor instructed to draw
a warrant in the amount of $50.00
in favor of United Cigar-Whelan
Stores Corporation to cover the
amount of refund granted on the
unexpired portion of their Cigar-
ette Permit Ne. 98. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Petition of John P. Manders re-
questing arefund in the amount
of $50.00 on the unexpired por-
tion of his Cigarette Permit No. 153
as he has discontinued business on
December 31, 1948, presented and
read. Councilman Murphy moved
that the request be granted and
the City Auditor instructed to draw
a warrant in the amount of $50.00
in favor of John P. Manders to
cover the amount of refund grant-
ed on the unexpired portion of his
Cigarette Permit No. 153. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas-Mayor Van D u e l m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Council proceedings for the
months of May, June and July,
1948 presented for approval. Coun-
cilman Thompson moved that the
Council Proceedings for the months
of May, June and July, 1948 be ap•
proved as printed, Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
Ordinance No. 27-48. An ordi-
nance Prohibiting the Sale oY, GiYt
to, or Exhibition to Minors Under
Eighteen Years of Age Publica-
tion Featuring Indecent Pictures
or Depicting Crimes or Deeds of
Violence, Bloodshed or Lust, Re-
pealing All Ordinances in Conflict
Herewith and Prescribing a Pen•
altp Yor the Violation Hereof, said
ordinance having been passed upon
first reading on December 14th,
1948 and ordered placed on Yile
with the City Clerk Yor public in-
spection for at least one week be•
fore its final adoption, was pre•
sented for final adoption.
q Regular Session, January 3rd, 1949
ORDINANCE N0. 278
An Ordinance Prohibiting the Sale
of, Gift to, ar Exhibition tc Mi-
nors Under Eighteen Years of
Age Publications Featuring In•
decent Pictures or Depicting
Crimes or Deeds of Violence,
Bloodshed or Lust, Repealing All
Ordinances in Conflict Herewith
and Prescribing a Penalty for
the Violation Hereof.
Re It Ordained by the City Council
of the City of Dubuque:
Sec. 1, No person, firm or cor-
poration shall sell, give to, or ex•
hibit to a minor under eighteen
years of age a book, pamphlet,
magazine, newspaper, story book,
comic book, or other paper devoted
to the publicaton, or principally
made up, of criminal news, police
reports, or account of criminal
deeds, of pictures, cartoons, stories
or representations of i m m o r a l
deeds, lust or crime, or which con•
wins any picture, photograph, draw-
ing or representation of an inde-
~ent, immoral obscene, lewd or
lascivious nature, or exhibit upon a
street or highway or any p l a e e
which may be within the view of a
minor any such book, paper or pic-
ture; provided that this section
shall not be applicable to the gen-
eral dissemination of news, nor to
such drawings and photographs rea-
sonably necessary to illustrate the
same.•
Sec. 2. If any provision of this
ordinance, or the application there-
of to any person or circumstance
is held invalid, the remainder of
the ordinance, and the application
of such provision to other persons
or circumstances shall not be af-
fected thereby.
Sec. 3. All ordinances or part of
ordinances in conflict herewith are
hereby repealed.
Sec. 4. Any person, firm or cor•
poration who violates any provision
of this ordinance shall be deemed
guilty of a misdemeanor, and upon
conviction thereof shall be fined
not more than $100.00 and costs
and in default of such fine shall
be imprisoned for a period not ex•
ceeding thirty days in jail.
Sec. 5. This ordinance shall be in
force and effect ten days from and
after its final passage, adoption
and approval by the City Council
and publication as provided by law.
Passed upon first reading this
14th day of December, 1948.
Passed, adopted and approved
upon final reading this 3rd day of
January, 1949.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON
GEO, R. MURPHY
W. W. MOFFATT
Councilmen.
Attest: J. J. Shea, City Clerk
Published officially in The Tele•
graph-Herald newspaper this 5th
day of January, 1949.
J. J. Shea,
City Clerk
Councilman Murphy moved the
adoption of the ordinance. Second•
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson.
Nays -None. Councilman Whar-
ton not voting.
FIRE PROTECTION
AGREEMENT
The following agreement for
Fire Protection is made between
the City of Dubuque and St. Mary's
Orphan Home.
The said St. Mary's Orphan
Home agrees to pay the rates and
charges specified herein for fight-
ing fire at the following location
St. Mary's Orphan Home on Car•
ter Raad in Sec. 15, T 89N, R 2 E.
THIS AGREEMENT, made this
3d day of December 1948, at Du•
buque, Dubuque County, Iowa, by
sad between the City of Dubuque,
by the City Manager of said City of
Dubuque, Party of the First Part,
and St. Mary's Orphan Home Par-
ty of the Second Part, WITNESS-
iTH:
The Party of the First Part
agrees to furnish fire protection
to the Party of the Second Part
until Aprfl, 1949 frow date hereof
Regnlar Session, January grd, 1949 g
at the location above dexcribed
only on the following terms and
conditions:
1. The Party of the First Part
agrees to furnish Par fire protec-
tion such apparatus and person-
nel necessary for manning the
same as can be conveniently spar-
ed by the City of Dubuque at the
time requested. The Fire Chief
of the City o4 Dubuque is to be
the sole judge of what appartus
'~~ and personnel can be spared at
any time.
2. The Party of the Second Part
has paid upon filing of applica-
tion fifty dollars ($50.00) in ad•
vance, for a period until April 1,
1949. In addition to the annual
payment of fifty dollars ($50.00)
and in the event a call is made,
then the Party of the Second Part
agrees to pay Fifty Dollars ($50:
~ 00) per hour or any fraction there-
of for the use of each truck unit
of fire equipment belonging to the
City of Dubuque used upon said
calk
3. The Party of the Second Part'
agrees to meet all of the terms
- and conditions prescribed by the
Fire Chief of the City of Dubuque
with reference to furnishing of wa-
ter, fire extinguishers and the like.
4. It is agreed that the follow-
ing persons only the officers, em-
- ployees and inmates of the St.
Mary's Orphan Home shall be au-
thorized to summon the apparatus
of the City of Dubuque for pro-
:. tection purposes for the property
of the Party of the Second Part.
5. The City o1 Dubuque is in
no way responsible for any pro-
perty destroyed by fire belonging
to the Party of the Second Part due
i to failure to answer call, to delay
in response, or failure of any equip-
ment belonging to the City, or any
damage done by the equipment or
firemen of the City of Dubuque.
6. It is further understood that
this contract shall in no way im-
I pose any liability of any kind on
the City of Dubuque or the per-
sonnel furnished.
7. This agreement shall contin•
ue from year to year upon the
same terms and conditions unless
written notice for temination is
given by either party to the other
not less than ten (10) days before
its expiration date. The annual
payment of fifty dollars ($50.00)
shall be due and payable in each
year upon the same day and month
as the original payment was made.
In Witness Whereof This Agree•
meat is made in duplicate and the
Parties hereto have affixed their
signatures this 3rd day of Decem-
ber, 1948.
CITY OF DUBUQUE, IOWA,
By A. A. Rhomberg
City Manager,
Party of the First Part,
Attest; R. J. Gallagher
ST. MARY'S ORPHAN HOME,
By (Rev.) R. P. Duggan
Secy.
Party of the Second Part.
Attest: Janann M. Spahn
Councilman Wharton moved that
the Agreement be received and
made a matter of record. Second-
ed by Councilman Moffatt. Car•
ried by the following vote:
Yeas-Mayor Van Due 1 m a n
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Dubuque, Iowa
December 20, 1948
To the Honorable Mayor and
Members of the City Council
(,ity of Dubuque, Iowa
uentlemen:
In accordance with the pro-
visions of the Code of Iowa,
1946, the Civil Service Commis-
sion conducted an entrance exam-
ination on December 20, 1948 for
those seeking the position of Clerk-
Stenographer.
The following is a list of those
who passed the written examina•
it , II
g Regular Session, January 3rd, 1949
lion with an average of 70 per•
cent or better.
Name Average
Mary Lorraine Balbach......90 3/5%
percent
Respectfully submitted,
C. S, HARKER,
Chairman
R. M. RENN
E. B. LYONS
Commissioners.
Attest: J. J, Shea
City Clerk
Subscribed and sworn to before
me this 20th day of December,
194s.
GERALDINE L. JENNI
Notary Public.
Councilman Murphy moved that
the report of the Civil Service
Commission be received and made
a matter of record. Seconded by
Councilman Thompson. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
December 20, 1948
To the Honorable Mayor and
'members of the City Council
City of Dubuque, Iowa,
Gentlemen:
In accordance with the pro-
visions of the Code of Iowa,
1946, the Civil Service Commis•
lion conducted an entrance ex•
amination on December 20, 1948,
for those seeking the position of
Sanitary Inspector.
The following is a list of those
who passed the written examina•
lion with an everage of 70 per-
cent or better.
Name Average
Allan J. Klein 90
Merle H. Bandy 85
Loriel L. Parker 79
Earl V. Kelly 77
Floyd D. Berendes 74
William E. Schumacher 73
Respectfully submitted,
C, S. HARKER
Chairman
R. M, BENN
E. B. LYONS
Commissioners.
Attest: J. J. Shea
City Clerk.
Subscribed and sworn to before
me this 20th day oY December,
1948.
GERALDINE L. JENNI
Notary Public.
Councilman Moffatt moved that
the report of the Civil Service
Commission be received and made
a matter of record. Seconded by
Councilman Wharton, Carried by
the fallowing vote:
Yeas-Mayor Van Duelman
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
December 20, 1948
To the Honorable Mayor
and City Council,
llubuque, Iowa.
Gentlemen:
The 12th Street boulevard
recently established is about to be
put to extensive use.
In view of the objections raised
relative to the Prescott School
playgrounds and the potential dan•
ger ,involved in crossing 12th
Street to one of the playgrounds,
also to provide the greatest visi-
bility possible, I herewith submit
the fallowing recommendations:
That parking be prohibited at all
times on both sides of East 12th
Street between White Street and
Central Avenue.
To further utilize the use of 12th
Street as a boulevard I recom-
mend the following: That West
12th Street be extended as a bou-
levard from the East side of Main
street to the East side of Locust
Street.
Respectfully submitted,
JOS. 1~. STRUB,
Chief of Police.
Councilman Thompson moved
that the recommendations of Chief
of Police Strub be approved and
the City Solicitor instructed to pre-
pare the proper proceedings, Sec•
owned by Councilman Murphy.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n
Councilmen Moffatt, Murphy ,
Thompson, Wharton.
Nays-None. ,
Regular Session, January 3rd, 1949 q
December 16, 1948,
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
' I herewith submit reports of
the City Auditor, City Treas•
user, City Health Department
and City Water Works for the
month of November, 1948, also list
of claims and list of payrolls for
which warrants were issued for
the month of November, 1948.
Respectfully submitted,
A. A. RHOMBERG,
City Manager.
Councilman Murphy moved that
the reports be received and placed
a an file. Seconded by Councilman
Wharton. Carried by the follow-
- ing vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
i Thompson, Wharton.
Nays-None.
December 15, 1948.
Honorable Mayor and
Alembers of the City Council of the
City of Dubuque, Iowa.
}
;" Gentlemen:
~ With reference to the claim of
~ Mrs. R. Fred Erickson for damages
because of injuries sustained by
~' her on a crosswalk at Univer-
sity Avenue and Walnut Street on
June 11th, 1948, the 1946 Code of
Iowa provides: "614.1 Period of.
Actions may be brought within
tiie times herein limited, re•
spectively, after their cause s
accrue, and not afterwards, except
- when otherwise specially declared:
"1. In actions for injuries from
defects in roads or streets-ne•
lice. Those founded on injury
to the person on account of de•
fective roads, bridges, streets, or
sidewalks, within three months,
unless written notice specifying
the time, place, and circumstan•
ces of. the injury shall have been
served upon the county or muni-
cipal corporation to be charged
within sixty days from the hap•
pening of the injury."
Under this provision of the sta-
~~ des lute, there is nothing the City
Council can do, and it is my opin•
on that this claim be rejected.
Yours truly,
JOHN J, Kintzinger
City Solicitor
Councilman Murphy moved that
the opinion of City Solicitor Kint•
zinger be approved. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
December 18, 1948
Honorable Mayor and
P,Iembers of the City Council of the
Cfty of Dubuque, Iowa.
Gentlemen:
With reference to the com•
munication of Car] V. Riley
and Mrs. Regina Duggan in re•
Bard to the special assessment
against property owned by them
for the improvement of Platt
Street, it is provided by the 1946
Code of Iowa as follows:
"391.48. Assessment-rate, When
suy city council levies a n y
special assessment for any
public improvement against any
lot, such special assessment shall
be in proportion to the special
benefits conferred upon the pro
perty thereby and not in excess
of such benefits. Such assess-
ment shall not exceed twenty-
five percent of the actual value
of the lot at the time of levy,
and the last preceding assess-
ment roll shall be taken as prim-
a facie evidence of such value.
"391.49, Additional limitation, No
special assessment against any
lot shall be more than ten per-
cent in excess of the estimated
cost "
The estimated cost against the
Riley property was $522.56; under
the section of the statute last
above quoted the assessment may
be $522.56 plus $52.25, or a total
of $574.81. The assessment as lev
led is $526.67.
The estimated cost against the
Duggan property was $384.50. Ten
percent addition would make a to-
tal permissible assessment of
$422.95. In my opinion both of
8 Regular Session, January 3rd, 1949
the above special assessments
come within the provision of the
law.
Yours truly,
JOHN J. KINTZINGER
City Solicitor.
Councilman Thompson moved
that the opinion of City Solicitor
Kintzinger be received and made
a matter of record. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Resolution No. 2~I9
Be it Resolved by the City Coun•
cil of the City oY Dubuque that
the following, having complied
with the provisions of law relating
to the sale of cigarettes within
the City of Dubuque, be granted
a permit to sell cigarettes and
cigarette .papers within said City
and the Manager is directed to
issue such permit on behalf of
said City.
George R. Hunt and Christopher
C. Gratz; 801 Main Street.
Sara Faigen; 2541 Central Av-
enue.
Fred W. Neumeister and John
C. Neumeister; 729 Lincoln Av-
enue.
Dubuque Skating Center, Inc.;
150 So. Locust Street.
BE IT FURTHER RESOLVED
that the bonds filed with the appli-
cations be approved.
Passed, adopted and approved
this 3rd day of January, 1949.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Moffatt. Car-
ried by the following vote:
Yeas- Mayor Van Due 1 m a b,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Resolution No. 3-49
WHEREAS, applications f o r
Beer Permits have been submitted
to this Council for approval and the
name have been examined: NOW,
THEREFORE,
BE IT RESOLVED by the Coun•
cii of the City of Dubuque that the
following applications be granted
and the licenses are to be issued
upon the compliance with the
terms of the ordinances of this
City.
CLASS "B" PERMITS
Wm. F. Barrington and Walter
J. Duccini; 176 Locust Street.
Vird Clary and Dolores Clary;
1961 Central Avenue (Transfer oY
address from 2093 Washington St.)
CLASS "B" PERMIT
FOR PRIVATE CLUB
North End Choral Club; 2510
Central Avenue. (Transfer of ad-
dress from 2774.2776 Jackson St.)
CLASS "C" PERMIT
Alois J. Ender; 534 Rhomberg
Avenue.
Fred W. Neumeister and John
C. Neumeister; 729 Lincoln Aw
enue.
Passed, adopted and approved
this 3rd day of January, 1949.
FRANK VAN DUELMAN
Mayor.
F. W, THOMPSON
GEO. R, MURPHY
ALBERT WHARTON
W .W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Murphy. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
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Regular Session, January 3rd, 1949 9
been inspected and found to com•
ply with the ordinances of this
City and they have filed a proper
bond: NOW, THEREFORE,
BE IT RESOLVED by the Coun-
cil of the City of Dubuque that the
Manager be and he is hereby di-
rected to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Wm. F. Barrington and Walter
J. Duccini; 176 Locust Street.
Vird Clary and Dolores Clary;
1961 Central Avenue. (Transfer
of address from 2093 Washington
St.)
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. SHEA
City Clerk.
Approved ............................. 1949.
Adopted ............................. 1949.
Councilmen ~ ......................................
CLASS "C" PERMIT
Alois J. Ender; 534. Rhomberg
Avenue.
Fred W. Neumeister and John
C. Neumeister; 729 Lincoln Av
enue.
BE IT FURTHER RESOLVED
that the bonds Yiled by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 3rd day of January, 1949.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Sec-
onded by Councilman Thompson.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Resolution No. 4-49
WHEREAS, heretofore applica- a There being no further business
lions for Beer Permits were filed Councilman Thompson moved to
by the within named applicants ~ •a - adjourn. Seconded by Councilman
and they have received the approv Mur h y g
al of this Council; and ~ ~^' P Y~ Carried b the tollowin
;~., vote:
WHEREAS, the premises to be
occupied by such applicants have ~ ~ - Yeas-Mayor Van Due 1 m a n,
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Attest :................................................
City Clerk.
10 Special Session, January 31st, ?949
City Council
(OFFICIAL)
Special Session, January 31st,
1949.
Council met at 7:30 P. M.
PresenC-Mayor Van Duelman,
Councilmen, Moffatt, Murphy,
Thompson, Wharton. City Mana-
ger Rhomberg.
Meeting called by order of Coun-
cilmen Wharton and Moffatt.
Mayor Van Duelman read the
call and stated that service there-
of had been duly made and that
this meeting is called for the pur-
pose of considering the petition
of St. Clara College requesting
permission to construct a sanitary
sewer in Peabody Street and in
Dodge Street and acting on any
ether business as may properly
come before a regular meeting of
the City Council.
Councilman Wharton moved that
the rules be suspended far the
purpose of allowing any one pre-
sent in the Council Chamber, who
wishes to do so, to address the
Council. Seconded by Ceuncilman
Murphy. Carried by the follow
ing vote.
Yeas-Mayor Van Due 1 m a n,
Councilmen, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Attorney Romolo Russo addres-
ed the Council requesting that
Resolution No. 105-48, a resolu-
Cion conveying Lot 1 of Lot 2 oY
Lot 3 of Randall's Subdivision to
Company A 133rd Infantry Head•
quarters Company 1st Battalion
133rd Infantry Iowa Nation Guard
Armory Corporation for the pur-
pose of constructing an Armory,
be amended by eliminating the
provision that said Armory must
be constructed within one year or
else the said property will revert
back to the City of Dubuque. Coun-
cilman Thompson moved that the
verbal request be granted and the
proper proceedings ordered pre-
pared. Seconded by Councilman
Murphy, Carried by the following
vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen, Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
January 31, 1949.
To the Honorable Mayor, C i t y
Manager and City Council of the
City oP Dubuque, Iowa.
Gentlemen:
At the request of the Du•
buque Skating Center, Inc.,
.which operates the Gem Skating
Rink on Seuth Locust Street, we
a.re enclosing form of proposed or•
uinance amending ordinance adopt-
ed August 15, 1942. We would ap•
preciate your prompt consideration
of the proposed amendment.
Very truly yours,
Clewell & Cooney
Attorneys fo-r Du-
buque Skating Center, Inc.
Councilman Moffatt moved that
the communication be received and
made a matter of record. Second-
ed by Councilman Wharton. Car•
vied by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 1.49. An Ordi-
nance amending Ordinance No. 21-
42 regulating and prohibiting the
operation of roller skating rinks
in certain places in the City of
Dubuque, describing roller skat-
ing rinks, providing for revocation
of licenses and for a penalty for
violation thereof, presented and
read. Councilman Wharton moved
chat the reading just had be
considered the first reading of
the ordinance. Seconded by Coun-
cilman Moffatt. Carried by the
following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Wharton moved that
the rules be suspended requiring
an ordinance to be read on three
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Specia( Session, January 31st, 1949 11
separate days. Seconded by Coun•
Gilman Murphy, Carried by the
following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Wharton moved that
the ordinance- be placed on file
with the city clerk for public in•
spection for at ]east one week be-
fore its final adoption. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
January 6, 1949.
The Honorable Mayor &
ivIembers of the City Council
City of Dubuque, Iowa.
Gentlemen:
St. Clara College is erecting St.
Dominic's villa on a plot of ground
north of Dodge street in the City
of Dubuque. After thoroughly
studying the matter with City of-
ficials, it has been determined that
the most appropriate place far St,
Clara College to connect with the
sanitary sewer system in Dubuque
is at or near the intersection of
Dodge and Peabody Street. This
will entail the laying of approxi-
mately 140 feet of ten (10) inch
sewer pipe in Peabody Street and
some 77 feet of ten (10) inch sewer
pipe under and through Dodge
Street.
We have prepared an Ordinance
which would grant to St. Clara
College the permission to construct
this sewer in and through Pea-
body Street and Dodge Street. The
usual protective clauses in behalf
of the City of Dubuque are con-
tained in said Ordinance and the
construction of said sewer is to
be under the direction and su-
pervision of the City Manager and
the City Engineer of the City of
llubuque, Iowa.
It is respectfully requested that
you grant St. Clara College authori•
ty to construct the sanitary sewer
as hereinbefore stated and as out-
lined in the attached Ordinance,
and it is further requested that
you pass, adapt and approve the
Ordinance which is hereto attach-
ed.
Very truly yours,
O'CONNOR, THOMAS
& O'CONNOR
By Eugene D. Wright
Councilman Wharton moved that
the petition be received and made
a matter of record. Seconded by
Councilman Moffatt. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Ordinance No. 2.49. An ordi-
nance granting to St. Clara Col-
lege, aWisconsin, non-pfrofit cor•
poration its successors and assigns,
the right to construct a sanitary
sewer in Peabody Street and in
Dodge Street from the existing
sanitary sewer now located in
Dodge Street thence northwesterly
through Dodge Street and Peabody
Street, a,nd prescribing the con-
c;itions of this grant and regulating
the connection with said existing
sanitary sewer on Dodge Street,
presented and read. Councilman
Thompson moved that the reading
jast had be considered the first
reading of the ordinance. Second-
ed by Councilman Murphy. Car-
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson Wharton.
Nays-None.
Councilman Thompson moved
that the rules be suspended re-
quiring an ordinance to be read
on three separate days. Second•
ed by Councilman Moffatt. Car•
ried by the Following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Councilman Thompson moved
that the ordinance be placed on
file with the City Clerk for pub-
lic inspection for at least one week
before its final adoption. Secontl-
ed by Councilman Wharton. Car-
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
12 Special Session, January 31st, 1949
January 13, 1949.
Conlon Construction Co.,
240 Railroad Ave.,
Dubuque, Iowa.
Subject: Sanitary Sewer-
St. Dominic's Villa
Gentlemen:
We are enclosing certificates of
iusurance as requested showing
the coverage of M. L. Gaber. We
are also sending copies of these
certificates to Mr. Rhomberg, City
;danager.
Yours very truly,
BARTELS 8c McMAHAN,
Engineers. .
By P. F. McMahan, Engineer,
Councilman Wharton moved that
the certificates of insurance be
approved and placed on file. Sec•
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, M u r p b y,
Thompson, Wharton.
Nays-None.
Petition of Dubuque Policeman's
Protective Assocation again sub•
muting for Council action and con•
sideration a petition for appropri•
ate investigation into the matter
of introducing a 40 hour week (5
day workweek) for personnel of
the Dubuque Police Department
presented and read. Council-
man Wharton moved that the
City Manager and Chief of Police
be requested to furnish data and
information as to whether or not
the Police Department can be op•
crated under the present setup
on a 40 hour workweek and that
said report be presented to the
City Council at their next meet-
ing. Seconded by Councilman
Murphy. Carried by the following
-rote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Clam of Mrs. Margaret
Conlon in the amount of $1,000.00
for injuries sustained in a fall on
icy sidewalk near 2004 Windsor
Avenue, presented and read. Coun•
eilman Moffatt moved that the No•
Lice be referred to the City So•
licitor for investigation and report.
Seconded by Councilman Murphy.
Carried by the following vote.
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Notice of Claim of Mrs. Helen
Wiedner in the amount of $1,500.00
for injuries sustained in a fall
on a snow covered depression in
t]' a crosswalk near the north curb
on University Avenue and Glen
Oak Street, presented and read.
Councilman Murphy moved that
the Notice of Claim to referred
to the City Solicitor for investi•
gation and report. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Van Duelman,
Councilman Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Department of Commerce
Civil Aeronautics Administration
January 18, 1949.
Kansas City 6, Missouri.
Honorable Frank Van Duelman
"Mayor of Dubuque,
Dubuque, Iowa.
Dear Mayor Van Duelman:
Our letter of July 2, 1948 ad•
vised that $15,000 of Federal Aid
Airport funds had been tentatively
allocated for the improvement of
the Dubuque Municipal Airport.
These funds were in addition to
tite Federal funds obligated in the
Grant Agreement accepted by the
City of Dubuque on June 22, 1948,
The project application covering
the second project at Dubuque,
which was recently submitted, re•
quests $23,833 or $8,633 more than
the present tentative allocation.
We are pleased to advise you
that the tentative allocation is
hereby increased to $23,633 or the
amount of the application.
Sincerely yours,
LEONARD W. JURDEN
Regional Administrator
Councilman Murphy moved
that the communication be receiv
ed and made a matter of record.
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..Special, Session, JanuarY,3lst, .1949 13
Seconded by Councilman Moffatt.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
bepartment of Commerce,
Civil Aeronautics Administration.
215 Jewett Building
Des Moines 9, Iowa
January 28, 1949.
Honorable Frank Van Duelman
i~iayor of Dubuque,
Dubuque, Iowa.
Dubuque, Iowa, Municipal Air•
part, CAA Project No. 9-13.020.902,
Advertising
My Dear Mayor:
The planx, specification and
supporting documents Yor the
above subject project Have been
reviewed and approved by this ad•
ministration.
Please consider this letter your
authority to advertise this project
at your convenience. It is re•
quested that this office be advised
of the date that bids will be op•
ened.
Very truly yours,
PAUL V. ROBERTS
District Airport Engineer
Councilman Moffatt moved that
the communication be received
and made a matter of record. Sec•
onded by Councilman Murphy. Car•
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of American
Surety Company submitting Revo-
cation of Power of Attorney of AI•
Bert Wharton, presented and read.
Councilman Murphy moved that
the communication be received and
filed. Seconded by Councilman
Thompson. Carried by the follow-
ing vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of Mayor Dan J.
Conley, Sioux City, Iowa, suggest-
ing that the City of Dubuque be
represented at a meeting to be
seld in Des .Moines, Iowa, for the
purpose of considering legislation
Nhich is to be presented at this
session of the Legislature and
which affects the larger cities of
the State of Iowa, presented and
read. Councilman Thompson
moved that the City Manager be
requested to inform Mayor Conley
that the City of Dubuque is inter
csted in the calling of a meeting as
suggested. Seconded by Council•
aian Murphy. Carried by the fol•
:owing vote:
Yeas-Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None,
Communication of Mayor H.
Elmo Ferguson, Muscatine, Iowa,
asking the support of the City of
Lubuque of an amendment to the
Iowa law governing fees for gar•
bage collection, presented and
read. Councilman Wharton moved
That the communication be ie•
ferred to the Legislative Commit•
tee of the Dubuque Chamber oP
Commerce for their consideration.
Seconded by Councilman Thomp•
son. Carried by the following vote:
Yeas -Mayor Van Duelman,
C o n n c i l m yen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Communication of Naomi Mead•
er of Girl Scout Troop No. 29 at
Bryant School asking permission
to plant some shrubbery, flowers
and vines around the Shot Tower
in order to make the landmark
somthing that the people of Du-
buque can be proud of, presented
and read. Councilman Wharton
moved that the City Manager be
directed to write a letter to the
girls commending them for their
interest in thfs matter and to ad•
case the girls that he would be
glad to meet with them and dis•
cuss the project with them. Sec•
onded by Councilman Moffatt. Car•
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
14 Special Session, January 31st, 1949
Petition of the Dubuque County
Chapter Infantile Paralysis re-
questing permission far conducting
a Tag Day on January 29th, 1949,
presented and read. Councilman
1lurphy moved that the action
taken in granting the request be
confirmed, Seconded by Council-
man Wharton. Carried by the fol-
lowing vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Communication of the Dubuque
District Dental Society submitting
for Council consideration and ap•
proval a proclamation designating
Monday, February 7th, 1949 as
Children's Dental Health Day, pre•
sented and read. Council-
man Wharton moved that the May-
or be authorized to sign and issue
the proclamation. Seconded by
Councilman Murphy. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Petition of the Auxiliary of the
United Spanish War Veterans ask•
ing permission to sell carnations
on the streets on the last Saturday
in April, 1949, presented and re ad.
Councilman Murphy moved that
the request be granted. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Van Duelman,
C o u n c i l m yen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Irving W. Parker,
Public Relations Ofdcer, Amvets,
Los Angeles, Calif., asking permts-
sion to exhibit and display their
units in Dubuque in connection
with their national tour exhibits,
presented and read. Councilman
Moffatt moved that the request
be granted. Seconded by Council-
man Murphy. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of the American Legion
Auxiliary requesting permission to
sponsor its Annual Poppy Drive
on Friday Evening May 27th, 1949,
and all day Saturday, Mary 28th,
1949, presented and read. Coun-
cilman Thompson moved that the
request be granted. Seconded by
Councilman Wharton. Carried by
the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Nays-None.
Petition of the Dubuque Safety
Council asking the City Council to
give consideration to the possibil-
ity of .prohibiting parking on one
Bide of Rhomberg Avenue from
the Chicago Great Western Rail•
road tracks to Marshall Street, pre•
sented and read. Councilman Whar•
tan moved that the petition be re•
ferred to the Chief of Police for
investigation and report. Seconded
by Councilman Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Clarence A. Kintzle
et al requesting the rezoning of
that part of Finley Addition bound-
ed on the East by Avoca Street,
on the West by St. Ambrose Street,
on the South by Rosedale Avenue
and on the North by the Alley run•
Wing north of, and parallel to
Rosedale Avenue in order that the
erection of multiple dwelling units
within the area be permitted, pre-
sented and read. Councilman Mur-
phy moved that the petition oe
referred to the Planning and Zon-
ing Commission for their recom•
mendation and report. Seconded
by Councilman Thompson. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
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Special Session, January gist, 1949 15
Petition of Mary Frances Brandt
asking for suspension of the 1948
tax on the South ~ of Lot 162 East
Dubuque Addition, presented and
read.
Councilman Thompson moved
that the petition be referred to the
City Solicitor far inveatig.ation and
report. Seconded by Councilman
Murphy. Carried by the following
vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Warton.
Nays-None.
Petition of the Mettel Realty &
Investment Company in regard to
the vacation of plats and parts of
plats of Gillespie' Subdivision and
of Mineral Lots 361, 362 and 363
and asking Council approval of the
vacation of said plats, presented
and read. Councilman Murphy mov-
ed that the petition be referred
to the Planning and Zoning Com-
mission for their recommendation
and report. Seconded by Council-
man Wharton, Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None,
Petition of Farley 8c Loetscher
ivfanufacturing Company request-
ing permission to install and main-
tain four underground s t o r a g e
tanks on the west side of Jackson
Street, south of existing under-
ground storage tanks now located
at the southwest corner of Jack-
son and Ninth Streets, presented
and read. Councilman Moffatt mov-
ed that the petition be referred to
the Council to view the grounds.
Seconded by Councilman Murphy.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
be referred to the Council. Second•
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of Mrs, Carl Bartels et
al requesting that a street light
be installed at the intersection of
Alta Place and Fillmore Street,
presented and read. Councilman
Wharton moved that the petition
be referred to the Council to view
the grounds. Seconded by Council-
man Moffatt. Carried by the fol-
lowing vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Council Proceedings for t h e
month of August, 1948, presented
for approval. Councilman Murphy
moved that the Council Proceed-
ings for the month of August, 1949
be approved as printed. Seconded
by Councilman Wharton. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Proofs of publication, certified
to by the publishers, of statements
of receipts and also lists of claims
for which warrants were drawn
during the months of November,
1948 and December, 1948, present-
ed and read. Councilman Moffatt
moved that the proofs of publica-
tions be received and filed. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Petition of the Wickes Engineer-
ing & Construction Co., requesting
an extension of 60 days time for
the completion of their contract
for the construction of the Ter-
minal Administration Building at
'The Dubuque Municipal Airport,
presented and read. Councilman
Murphy moved that the petition
Ordinance No. 3.49. An Ordi-
nance amending "Traffic Code" of
the City of Dubuque by extending
12th Street boulevard and by es-
tablishing parking regulations on
12th Street between White and
Central, presented and read. Coun-
cilman Thompson moved that the
reading just had be considered the
r
16 Special Session, January 31st, 1949
first reading of the ordinance. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Thompson move d
that the rules be suspended requir-
ing an ordinance to be read on
three separate days. Seconded by
Councilman Moffatt. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Councilman Thompson move d
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 Murphy. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
'Phompaon, Wharton.
Nays -None.
Communication of the Dubuque
llock Commission, with reference
1o the petition of John Blodin et
al for the improvement of Lake
Peosta as a fishing area the Dock
Hoard are of the opinion that they
have no legal authority under the
law to expend any funds for cre-
sting or maintaining streams or
inlets for fishing areas, and further
with reference to the petition of
A. J. Hartig et al for the removal
oY the temporary roads, dams and
other obstructions in the L a k e
Peosta area the Dock Board wishes
to suggest that an area near the
North End of the Island some dis-
tance away from Lake Peosta be
set aside for the dumping of refuse
and that the dumping of refuse
into Lake Peosta be prohibited,
presented and read. Councilman
1loffatt moved that the communi-
cation be referred to a joint meet-
ing of the City Council and the
Dock Board for the purpose of dis-
cussing the entire matter. Second-
ed by Councilman Thompson. Car-
ried by the following vote:
Yeas - Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, VVftarton,
Nays -None.
January 15, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
The Dubuque Planning and
ping and Zoning Commission has
considered the site, plans and ar•
chitectural features of the propos-
ed new water softening plant to
be erected northerly and easterly
of the Eagle Point Pumping Sta-
tion and respectfully recommends
to your Honorable Body approval
of same.
This action is taken in carrying
out the provisions cf Section 373,-
10 of the 1946 Code of Iowa.
Yours truly,
The Dubuque Planning &
Coning Commission
By R. V. McKay
Secretary
Councilman Murphy moiled that
the recommendation of the Plan-
ning and Zoning Commission be ap-
proved. Seconded by Councilman
Thompson. Carried by the follow-
ing dote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
January 31, 1949
To the Honorable Mayor &
City Council
Dubuque, Iowa
Gentlemen: The Planning and
Zoning Commission respectfully
recommends denial of the attached
petition of Mr. H. A. Baumhover
as presented, and in substitution
thereat recommends that the area
described below be rezoned from
Two Family to Multiple Residence
classification and that the Zoning
Map of the City of Dubuque be
ammended accordingly. The sug-
gested area is bounded as follows;
From a point at the center line
of Kaufmann Avenue one hundred
feet westerly of the west line of
Central Avenue; thence westerly
along the center line of Kaufmann
Avenue to a point one hundred
Feet westerly of the west line of
North Main Street; thence south-
easterly along a line one huncred
feet westerly and parallel to North
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Special Session, January 31st, 1949 17
Main Street to the southerly line
of Lot Forty-eight Marsh's Addi-
tion; thence easterly along t h e
southerly line of Lot Twenty-two
and Lot Nine Marsh's Addition to
and across Heeb Street to and
easterly along the southerly line
of Lot Four L. H. Langworthy's
Addition to a point one hundred
feet westerly of Central Avenue
where same intersects the present
business district.
This revision will serve Mr.
Baumhover's purpose, and s t i 11
leave a Two Family section be-
tween the proposed Multiple area
and the present Single Family dis-
trict on Seminary Street at North
Main Street.
Yours truly,
DUBUQUE PLANNING AND
ZONING COMMISSION
R. V. McKay,
Secretary
Gilman Murphy. Carried by the
following vote:
Yeas -Mayor Van Duelman,
Counci ]men Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
January 31, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
At the meeting of the City
Council held December 14, 1948
the communication of the Plumb-
ers and Fitters Local no. 66
submitting the name oY Hugh D,
Clark to fill the vacancy on the
Plumbing Examining Board was re•
(erred to me.
This is to advise that Mr. Clark
was appointed to fill the vacancy
and sworn in on December 18,
1948.
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Wharton moved that
the recommendation of the Plan-
aiing and Zoning Commission be
approved and the proper proceed-
ings ordered prepared. Seconded
by Councilman Moffatt. Carried by
the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
January 20, 1949
To the Honorable Mayor
and City Council,
Dubuque, Iowa.
Gentlemen:
I herewith submit reports of
the City Auditor, City Treas-
urer, City Health Department
and City Water Works for the
month of December, 1948, also list
of claims and list of payrolls for
which warrants were issued for
the month of December, 1945
Respectfully submitted,
A. A. Rhomberg,
City Manager.
Councilman Thompson moved
that the reports be received and
ulaced on file. Seconded by Coun-
Councilman Murphy moved that
the communication of City Man-
ager Rhomberg be received and
made a matter of record. Second•
ed by Councilman Wharton. Car
ried by the following vote:
Yeas -Mayor Van Duelman,
Counci 1 m e n .Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Resolution Na. 5-49
BE IT RESOLVED by the City
Council of the City of Dubuque that
the following, having complied
with the provisions of law relat-
ing to the sale of cigarettes with-
in the City of Dubuque, be grant-
ed apermit to sell cigarettes and
cigarette papers within said C i t y
and the Manager is directed to
issue such permit on behalf of
said City.
Names and Adresses
nester A. Foell
2093 Washington Street
Mrs. Florence Austin
1680 Central Avenue
Clifford Freyhage
650 East 16th Street
Tony Helling
80 Locust Street
;~Irs. Ruby Pappas
177 Main Street
II'!
f8 Special Session, January 31st, 1949
John P. Mandera
2541 Central Avenue
Ralph Conklin
464 West Locust Street
American Legion, Du-
buque Post No. 0 (Trans-
fer of address from 494
Main Street)
290 West Fourth Street
Be it further resolved that the
bonds filed with the applications
be approved.
Passed, adopted and approved
tlris 31st day of January, 1949,
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. Shea
City Clerk.
Councilman Moffatt moved the
adoption of the resolution, Second-
ed by Councilman Murphy, Carried
by the following vote;
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Resolution No. 6~9
Whereas, applications Yor Beer
Permits have been submitted to
this Council for approval and the
same have been examined: NOW,
THEREFORE,
Be it resolved by the Council of
the City of Dubuque that the fol•
lowing applications be granted and
the licenses are to be issued upon
the compliance with the terms of
the ordinances of this City.
CLASS "B" PERMIT
Names and Addresses
Lester A. Foell
2093 Washington Street
bleivin B. M cDonaugh
305 Eighth Avenue
Mrs. Ruby Pappas
177 Main Street
Lawrence Schwartz
500 Rhomberg Avenue
Louis Anthoine and
Agnella Anthoine
119 West 6th Street
Orville P. Murphy
435 Central Avenue
Ray Hutchins and
Foul A. Leonard
239 West 6th Street
Joseph Hillard and
Bernice Hillard
431 Rhomberg Avenue
CLASS "B" PERMIT
FOR PRIVATE CLUB
The American Legion,
Dubuque Post No. 6 (Trans-
fer of addrees from 494
Main Street)
290 West Fourth Street
CLASS "C" PERMIT
Rhea Bournias
2284 University Avenue
Passed, adopted and approved
this 31st day of January, 1949.
FRANK VAN DUELMAN..
Mayor.
F. W. THOMPSON,
GEO. R. MURPHY,
ALBERT WHARTON,
W, W, MOFFATT,
Councilmen
Attest: J. J. Shea
City Clerk.
Councilman Murphy moved the
adoption of the resolution. Second-
ed by Councilman Moffatt. Carried
by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays -None.
Resolution No. 7-49
WHEREAS, heretofore applica•
dons for Beer Permits were filed
by the within named applicants
and they have received the approv
ai of this Council; and
WHEREAS, the premises to be
occupied by such applicants have
been inspected and found to com•
ply with the ordinances of Chia
City and they have filed a proper
bond: NOW THEREFORE,
BE IT RESOLVED by the Coun•
oil of the City of Dubuque that
,the Manager be and he is hereby
dttected to issue to the following
named applicants a Beer Permit.
CLASS "B" PERMIT
Names and Addresses
Lester A. Foell
2093 Washington Street
Melvin B. McDonough
305 Eighth Avenue
Mrs. Ruby Pappas
177 Main Street
Special Session, January 31st, 1949 19
•, Lawrence Schwartz
500 Rhomberg Avenue
Louis Anthoine and
ngnella Anthoine
119 West 6th Street
Orville P. Murphy
435 Central Avenue
Ray Hutchins and
Paul A. Leonard
239 West 6th Street
Joseph Hillard and
Bernice Hillard
431 Rhomberg Avenue
CLASS "B" PERMIT
FOR PRIVATE CLUB
The American Legion,
Dubuque Post No. 6 (Trans-
fer of address from 494
Main Street)
290 West Fourth Street
CLASS "C" PERMIT
Rhea Bournias
2284 University Avenue
BE IT FURTHER RESOLVED
chat the bonds filed by such appli-
cants be and the same are hereby
approved.
Passed, adopted and approved
this 31st day of January, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. Shea.
I'Im !,i.
a ~" ~c
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City Clerk.
Councilman Thompson move d
the adoption of the resolution. Sec•
onded by Councilman Moffatt, Car
ried by the following vote:
Yeas -Mayor Van Duelman,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Naps -None,
Resolution No. 8-49. Prelim-
inary approval of plans, specifica-
tions form of contract, cost of im•
provement and al] other n~rcumonta
for the construction of The ,:v
buque Municipal Airport Access
Road from Highway No. U. S. 61,
presented and read. Councilman
Thompson moved the adoption of
the resolution. Seconded by Coun•
oilman Murphy. Carried by the
following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
(Nece~slty for improvement)
Resolution No, 9~}9,
Whereas, proposed plans, speci•
specifications, form of contract,
olat and schedule have been duly
prepared and approved by the City
Council of the City of Dubuque and
are now on file in the office of the
City Clerk showing among other
things the following:
1-The Road to be improved.
2-The width of such improve-
ment and the size and kind of
culverts.
3-An estimate of the cost of
the proposed improvement, stat-
ing the same for each different
type of construction and kind of
material to be used for the con-
struction of the Dubuque Munici-
pal Airport Access Road from High
way No. U. S. 61.
BE IT THEREFORE RE•
SOLVED that the City Council
an its own motion deems it
advisable and necessary for
the public welfare to m a k e
tae herein mentioned im•
provement, and unless property
owners at the time of the final
consideration of this proposed res•
alution have on file with the City
Clerk objections, they shall be
deemed to have waived all objec-
tions thereto,
Said improvement .shall be con•
strutted and done in accordance
with the plans and specifications
which have been prepared there-
for by the City Engineer which
have been approved by the City
Council and are now on file with
the City Clerk. That the cost
and expense cf making said im•
provement will be paid out of the
Airport Fund.
The above resolution was intro-
doted, approved and ordered plac-
20 Special Session, January 31st; 1949
ed on file with the Citp Clerk
phis 31st day of January, 1949.
Approved:
FRANK VAN DUELMAN
Mayor.
F, W. THOMPSON
GEO. R, MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Murphy moved that
the resolution be approved and
placed on file for final action. Sec-
onded by Councilman Wharton.
Carried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Fixing date of hearing)
Resolution Na. 10-49
WHEREAS, the City Council of
the City of Dubuque, Iowa, has by
Resolution No. 8-49 given its pre•
liminary approval on the proposed
plans specifications and form of
contract and placed same on file
;n the office of the City Clerk
far public inspection, far the con-
struction of the Dubuque Municipal
Airport Access Road from Highway
No. U. S. 61.
and, WHEREAS, the proposed
icesolution of Necessity for said
improvement has been introduced
and is now on file in the Cfty
Clerk's office for public inspection,
BE IT THEREFORE RESOLVED
that on the 28th day of February,
1949, a public hearing will be held
at 7:30 o'clock P.M. in the Council
Chamber in the City of Dubuque
at which time the owners of prop-
erty may appear and make ab-
jection to the proposed plans and
specifications and proposed form
of contract, to the cost of the
improvement, and to the passage
of the proposed Resolution of Ne-
cessity and the City Clerk be and
he is hereby directed to cause a
notice of the time and place to
be published in some newspaper
published in the city of Dubuque,
the last of which shall be not less
than two (2) nor more than four
(4) weeks prior to the day fixed
for its consideration and unless
property owners at the time of
final consideration of said resolu-
tion have on file with the Clerk
objections, they shall have been
deemed to have waived all ob-
jections thereto, at which hearing
the Council will hear such objec-
tions and enter on record its final
decision thereon.
Passed, adopted and approved
this 31st day of January, 1949.
FRANK VAN DUELMAN,
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA.
City Clerk
Councilman Thompson moved
the adoption of the resolution. Seo-
onded by Councilman Moffatt. Car-
; fed by the following vote:
Yeas-Mayor Van D u e i m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
(Ordering Construction)
RESOLUTION N0. 11-49
BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY
OF DUBUQUE that pursuant to a
resolution of necessity No. 9.49
which was duly passed by
this Council, for the construc-
tion of The Dubuque Munici-
l~ai Airport Access Road from
Highway No. U. S. 61 be and the
same are hereby ordered and con-
structed upon its awn motion. All
the work shall be constructed in
accordance with the plans and spe-
cifications heretofore adopted and
uew ou file in the office of the
City Clerk.
BE IT FURTHER RESOLVED
that the cost and expense of the
said improvements be paid from
the Airport Fund and after the
work has been completed and ac-
cepted by the City Council.
BE IT FURTHER RESOLVED
that the City Clerk be and he is
hereby ordered and directed to ad-
vertise for proposals For the con-
struction of the various improve-
ments herein provided for in the
manner provided by law, the said
improvements shall b~ completed
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Special Session, January 31st, c949 zl
on or before 105 calendar days af-
ter date of contract.
BE IT FURTHER RESOLVED
that this resolution being deemed
urgent and of immediate necessity
shall be in force and effect from
and after its passage and adoption
by the City Council.
Passed, adopted and approved
this 31st day of January 1949.
FRANK VAN DUELMAN.
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W MOFFATT
Councilmen
Attest: J. J. SHEA.
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec-
onded by Councilman Wharton. Car•
tied by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
Resolution No. 129
WHEREAS, Eddie and Dorothy
Plein have filed an application
with the City Council requesting
permission to construct a sanitary
sewer in Clinton Street from the
present sewer in the alley be
tween Queen Street and Windsor
Avenue westerly tc the alley first
west of Queen Street under cer-
tain stipulated conditions: NOW,
THEREFORE,
Be it resolved by the City Coun-
cif of the City of Dubuque:
Section 1. That permission be,
and the same is hereby granted
rc Eddie and Dorothy Plein +n
construct a sanitary sewer in
Clinton Street from the present
sewer in alley between Q u e e n
Street and Windsor Avenue wes-
terly to the alley first west of
Queen Street.
Section 2. That the construc-
tion of said sewer, which includes
the type and size of pipe and lo-
cation thereof, shall be done only
under the supervision of the City
Engineer.
Section 3. That the total cost
of the construction of said sewer
shall be paid by Eddie and Dorothy
Plein, and no part thereof shall
be borne by the City of Dubuque.
Section 4. That after said sewer
has been laid and completed, the
street shall be put back in good
condition as it was before it was
torn up for the purpose of receiv-
ing said sewer, at the cast of
Eddie and Dorothy Plein and said
Eddie and Dorothy Plein shall
be held responsible for any and
all damage which may arise out
of the construction thereof, failure
to properly guard the excavations,
and restore the street to the con-
ditfon it was fn before the con-
struction began.
Section 5. That after said sani•
Lary sewer has been constructed,
all persona living along and ad-
jacent to said sewer shall have
the right to connect therewith, but
such right shall only be granted
upon proper application being
made to the City Council and by
paying to Eddie and Dorothy Plein,
their successors or assigns, or de-
positing in the office of the City
Clerk for Eddie and Dorothy Plein,
the applicants' proportionate part
of the cost of constructing said
sewer based on the lineal front-
age of his property abutting on
said street, but in no event shall
the amount to be paid by appli-
cant exceed the amount that may
be levied under law for the can-
rtruction of said sewer. Within
60 days after the completion of
said sewer applicant shall file with
the City Clerk a statement under
oath showing an itemized account
of the cost thereof.
Section 6. That this Resolution
shall be effective and in force and
effect from and after its passage
and adoption by the Council, and
written acceptance thereof by ap-
plicant.
Passed, adapted and approved
this 31st day of January, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEO. R. MURPHY
ALBERT WHARTON
W. W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk,
^'Il
a2 Special Session, January 31st, 1949
ACCEPTANCE OF ~iESOLUTION
Eddie and Dorothy Plein, having
read the foregoing Resolution, and
:laving full knowledge of the terms
and conditions thereof, hereby ac-
cept the same as adopted, and
agree to comply with all the terms
and conditions, and assume all lia-
bilites imposed upon them, includ-
ing those set forth in Section 4.
Executed this 8th day of Febru-
ary, 1949.
EDMUND M. PLEIN
DOROTHY L. PLEIN
Councilman Moffatt moved the
adoption of the resolution. Sec-
onded by Councilman Murphy, Car-
ried by the following vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt Murphy,
Thompson, Wharton,
Nays-None.
Resolution No. 13-49
WHEREAS, the City Council of
tae City of Dubuque deems it neces-
sary and expedient that a Rule
should be enacted providing that
any and all documents and papers
to be submitted to the City Coun-
cil for its consideration shall first
be filed in the Office of the City
Clerk of the City of Dubuque, and
that said City Clerk shall submit
io said Council at any of its meet-
ings any and all of such docu-
ments and papers so filed in his
office an or before 4:00 P. M. oP
the day of any meeting of said
Council.
BE IT RESOLVED BY THE
CITY' COUNCIL OF THE CITY OF
DUBUQUE:
Sec, 1. That any and all docu-
ments and papers to be submitted
for the consideration of the City
Council of the City of Dubuque
shall first be filed in the office of
rite Clerk of the City of Dubuque.
Sec. 2. That the City Clerk of
the City of Dubuque be and he is ~~
hereby directed to present to the
City Council of the City of Du-
~uque at each of its meetings any
and all papers and documents for
its consideration that have been
filed in the office of said City
Clerk not later than 4:00 p.m. of
the same day that said City Coun-
cil has a meeting.
Passed, adopted and approved
this 31st day of January, 1949.
FRANK VAN DUELMAN
Mayor.
F. W. THOMPSON
GEC. R. MURPHY
ALBERT WHARTON
W W. MOFFATT
Councilmen.
Attest: J. J. SHEA
City Clerk.
Councilman Thompson moved
the adoption of the resolution. Sec•
unded by Councilman Murphy. Car-
ried by the fallowing vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None,
There being no further business
Councilman Wharton moved to ad-
lurn, Seconded by Councilman
Moffatt. Carried by the following
vote:
Yeas-Mayor Van Due 1 m a n,
Councilmen Moffatt, Murphy,
Thompson, Wharton.
Nays-None.
J. J. Shea.
City Clerk
Approved ................................ 1949
Adapted .................................. 1949
Councilmen ~ ......................................
Attest :................................................
City C1erY.
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