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1937 April Council ProceedingsRegular Session, April Sth, 1937 101 CITY COilNCIL (Official) Regular Session, April 6th, 1937. Council met at 7:40 P. M. Present-Mayor Jaeger, Council• men Bennett, Chalmers,, Kane, Schiltz, City Manager Evans. Mayor Jaeger stated that this is the regular monthly meeting of the City Council and also the first meet- ing of the fiscal year for the trans- action of such business as may pro- perly come before the meeting. Mayor Jaeger administered the eath of office to the newly elected members Carl A. Clark and George R. Murphy, whereupon Mayor Jaeg- er and Councilman Schiltz retired and the new Council went into ses• sion• Councilman Murphy moved that Councilman Chalmers be appointed as Mayor for the ensuing year. Sec• onded by Councilman Clark. Carried by the following vote: Yeas-Councilruen Bennett, Clark, Kane, Murphy, Nays-None, Councilman Chalmers not voting. The oath of office was adminis• tered to Mayor Chalmers by the City Clerk, whereupon Mayor Chalmers took the Mayor's chair. Communication of AI J. Nelson submittiug application for the office of City Solicitor and also the com- munication of M• H. Czizek submit- ting application far the office of City Solicitor, presented and read. Councilman Bennett moved that the Counci] recess for the purpose of conducting an investigation on the applications presented far the office of City Solicitor. Seconded by Councilman ILane• Carried by the following vote: Yeas -Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy Nays-None. Council recessed at 7;46 P. M. Upon reconvening of the Council at 9:20 P. M. Mayor Chalmers an• pounced that he had been authorized by Mr. Al J. Nelson to withdraw his application for the office of City Solicitor. Ceuncilman Bennett moved that the withdrawal of the application of Al J. Nelson for the office of City Solicitor be made a matter of record Seconded by Councilman Kane. Car ried by the following vote; Ysas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy Nays-None. Communication of J• Edward Whe Ian submitting application for thf position of Police Judge, presented and read. Councilman Kane moved that the communication be received and filed~ Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays-None, Communication of Milton J. Glenn submitting application for reappoint- ment as Police Judge, presented and read. Councilman Bennett moved that the communication be received and filed. Seconded by Councilman Mur- phy Carried by the- following vote: Yeas -,Mayor Chalmers, Council- men Bennett, Clarke, Kane, Murphy. Nays-None. Communication of James M. Beid• ler submitting application for the ap- pointment of Assessor of Julien Township, presented and read. Councilman Bennett moved that the communication be received and filed- Seconded by Councilman Clark- Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy, Nays-None. Resolution No. 43-37 A resolution providing for the ap• pointment of officeTS of the City of Dubuque, prescribing their salaries and fixing their bonds. Be it resolved by the City Coun- cil of the City of Dubuque that the following officers be appointed to serve during the fiscal year, 1937, subject, however, to the right of the Council to declare such offices va• cant or remove- the officers there- from at the pleasure of the Council with or without cause, and to be paid the following salaries provided in the budget as adopted for the fiscal year, 1937.1938, and the fol- lowing bonds shall be provided at the expense of the individual officer: City Manager R. M• Evans-Sal• ary, $0,000.00; bond, $0,000.00. City Solicitor M. Ii. Czizek-Sal• ary, $4,050.00,; bond, $1,000.00. City Clerk J• J. Shea -Salary, $2,400.00; bond, $1,000.00. Police Judge M. J. Glean-Salary, $1,500.00; bond, $1,000.00• City Assessor George Bennett- Salary, $1,200.00; band, $500.00. Be it further resolved that the sal• ary of the City Manager shall be paid as follows: $4,800.00 from the Consolidated Fund and $1,200.00 from the Waterworks Operating Fund. Passed, adopted and approved this 5th day of April, 1937• 102 Regular Session, JOHN K, CHALMERSF Mayor. CARL A, CLARK, 1VI. R. KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Kane moved the ad- option of the resolution, Seconded by Councilman Bennett. Carried by the following vote: Yeas -Mayor Chalmers, Council- men Bennett, Clark, Kann, Murphy. Nays-None, To the' Honorable Mayor and Coun- ci] of the City of Dubuque; Gentlemen: As City Manager of the City of Dubuque, I beg to advise you that I have appointed the fol- lowing persons to assist me as offi- cers and employees in the orderly administration of the city govern- ment of this City and of the various departments thereof, said officers and employees to be under- my su- pervision, direction and control and their appointments to continue dur- ing the Pleasure of the Manager, and they shall be paid such salaries as are set up apposite their names and in accm•dance with the budget approved by the City Council for the fiscal year, 1937.1938: City Engineer- Walter H. Cullen ................$3,000.00 Gity Auditor- R, P. Mar•slrall ...................... 2,450.00 City Treasurer- Otto F. Pule ...................... 2,400.00 Building Commissioner- C, F. Bartels ...................... 2,400.00 Electrical Inspector- Otto F. Bethke .................. 2,220.00 Plumbing Inspector- George Masters .................. 2,160.00 City Electrician-- Jaseph Corre41 .................... 1,950.00 Street Superintendeut- Thomas E. Byrne .............. 2,600.00 Sewers Superinteadent- Con Sullivan ........................ 1,800,00 Health Director- Dr. W. J. Connell............ 1,800.00 Weight Master- Charles McCarthy .............. 1,400.00 Sanitary Inspector- Joseph Scharry .................. 1,450.00 Milk Inspector- V. F. Chapman .................... 1,800.00 Restaurant Inapector- Mra. A. Timmons ................ 900.OC Recreation Director- Carl Grabow ........................ 2,250.0( Police Matron- Mary Burke .......................... 1,200.01 Police Matron- Mrs. F. Lemper .................. 1,200.01 ril 5th, 1937 As to the Chiefs of the Police and Fire Departments, these officers are subject to civil service rules and regulations and will continue in their respective Positions without re- appointment, and their salaries shall be paid in accordance with the budget. As to the position of Superinten- dent cf the Water Department, for• merly occupied by John W, McEvoy, resigned, I beg to advise that no appointment has as yet been made. There are several applications for this position, and this will require that I make an investigation of the relative qualifications of the aPPli- cants. In 'the meantime all em- ployees in the Water Department will continue in the Positions which they now occupy and will be com- pensated on the basis provided iu the budget for such positions. As to the position of head garage mechanic, I beg to advise that uo appointment has as yet been made. This position has been occupied for several years by Clarence Briggs. Some time ago Mr. Briggs became ill and was given a leave of absence, He has not yet been able to return tc his former position, and it iS not now known as to when he will be able to resume the duties of his former position. Until there are fur- ther developments in his case, I do not consider it advisable that au appointment be made. With reference to the Superinten• dent of Playgrounds with the title in the budget of "Recreational Di• rector", I beg to advise that this appointment properly is made by the Recreation Commission. Such com- mission has informed me that it has etuployed Carl Grabow at a salary of $2,250.00. Accordingly, I hereby approve this appointment and sub- mit his name as appointee of this department. Mr. Grabow will have Charge of playgrounds, a]] recrea- tional facilities and other duties en- trusted to him under the direction of the City Manager. All other employees of depart- ments at present engaged therein iu accordance with the budget of 1937- 1938 have been reemployed by me and will Continue to work for the City under such conditions as to time and rates of salary 'and wages as provided far iu said budget, Respectfully submitted, R. M. EVANS, City Manager. Councilman Bennett moved that the communication of City Manager Evans be made a matter of record. Seconded by Councilman Kane. Carried' by the following vote: Yeas--Mayor Chalmers, Council• Regular Session, men Bennett, Clark, I{one, Murphy. Nays-None, Petition of Catholic Printing Cow- pony, publishers of the Catholic Daily 'Pribune, requesting the City Council to select its paper as one of the official newspapers of the City to share in the publication of such business 'and proceedings as the Council deem fair and proportignate, presented and read. Councilman Kane moved to sus- pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Second- ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Attorney E. H. Winging addressed the Council relative to the Petition of the Catholic Printing Company. Councilman Bennett moved that the petition of the Catholic Printing Company be received and filed, Se~- onded by Councilman Murphy. Car• ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, f{'one, Murphy, Nays-None, Councilman Bennett moved that the Catholic Printipg Company be given a fair proportion of the busi• ness of the City of Dubuque. SeC• onded by Councilman Kane, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, MurPhY• Nays---None. Resolution No. 44-37 A resolution selecting the oRcial newspaper of the City of Dubuque, Be it resolved by the City Coun• cil of the City of Dubuque that the newspaper published in said City and known as the Telegraph-Herald be, and the same is hereby desig- nated and appointed the official newspaper of the City of Dubuque, Passed, adopted'aud approved this 6th day of April, 1937. JOHN K. CHALMERS, Mayor, CARL A. CLARK, 114. R, KANE, GEO. R. MURPHY, A. M. BENNETT, Councilmen. Attest: J. J. SHEA, .City Clerk. Councilman Bennett moved the adoption of the resolution. Second• ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett,. Clark, Kane, Murphy, Nays-None. Resolution No. 45-37 A r0soltttion appointing a Board of April Sth, 1937 103 Review and fixing the compensation of the members thereof. Be it resolved by the City Coun- cil of the City of Dubuque that the following Persons be, and they are hereby appointed the Boat•d of Re. view of the City of Dubuque for the year 1937: James I,euehan, Eugene Fortvard, Robert Clancy. Be it further t•esolved that the members constituting ouch Board of Review shall be paid the compensa- tioh provided for in the budget adopted by this Council for the fis- cal year, 1937,1938, said compensa• tion to be paid from the Consol- , idated Fund. Passed, adopted and approved this 6th day of April, 1937. JOHN K. CHALMERS, Mayor. CARL A, CLARK, M. R, KANE, GEO. R, MURPHY, A, M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. Councilman Murphy moved the adoption of the resolution. Second• ed by Councilman Bennett. Carried' by the following vote: Yeas-Mayor Chalmers, Councn- men Bennett, Clark, F{one, il4urphy. Nays-None. Resolution No. 46-37 A resolution designating the de• Positories for public funds of the City of Dubuque. Be it resolved by the City Coun• Cil of the City of Dubuque that the following banks be appointed depoei• tories of the City funds, and the Cfty Treasurer is hereby authorized to distribute such funds in such banks in amounts not to exceed the fal• lowing: First National B~ank............$175,' 00.00 American Trust & Savings Bank ..................................$150,000.00 Dubuque Ban)r & Trust Company ••.••••••• ••••••••...•••..$100,000.00 Be it further resolved that the City Treasurer be, and he is here- by directed to file with the County Treasurer of Dubuque Coµnty,Iowa, a list of such depositories and to keep such list on file with such County Treasurer at all times. P'assed', adopted and approved this 5th day of April, 1937, JOHN K. CHALMERS, Mayor. CARI, A, CLARK, M. R, KANE, GEO. IZ. MURPHY, A, M. BENNETT, Councilmen. Attest: J. J. SHEA City Cleric. 104 Regular Session, April 5th, 1937 Councilman Kane moved the adop• tion of the resolution. Seconded by Councilman Clark. Carried by the following vote: Aye-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Claim of Wi]]iam Hartman in the amount of $7.00 for damages 're- ceived to his automobile caused in striking a hole in the pavement on Dodge Street, presented and read. Councilman Kane moved to refer the claim to the City Solicitor for investigation and report. Seconded ' by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. - Claim of William E, Carpender to cover the cast of a tire and' tube which was damaged on his car and caused in striking a hole in the pavement on Dodge Street, present- ed and read. Councilman I{one moved to refer the claim to the City Solicitor for investigation and report. Seconded by Councilman Bennett. Carried by the fallowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. Claim of Matt Williams in the amount of $14.00 far damages re- ceived to his automobile caused in striking a tole in the pavement on Dodge .Street, presented and read'. Councilman Kane moved to refer the claim to the City Solicitor for investigation and report. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Claim of John J. Fuhrmann in the amount of $1,80 for damages re- ceived to his automobile caused in striking a hole in the pavement on Dodge Street, presented and read. Councilman Kane moved to refer the claim to the City Solicitor for investigation and report, Seconded by Councilman Bennett. Carried' by the following vote: Yeas-Mayor Chalmers, Council• men Sennett, Clark, Kane, Murphy. Nays-None. ' Claim of Mrs. Kathryn Streinz in the amount of $200.00 to cover ex- penses incurred due to a fall on the icy sidewalk at 743 Julien Avenue, presented and read. Councilman I{one moved to refer the claim to the City Solicitor. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Claim of Mrs, H, R, Meier in an amount to cover expenses incurred due to injuries received in falling on icy street while walking east on Cleveland Extension, presented and read. Councilman Murphy moved to re- fer the claim to the City Solicitor, Seconded' by Councilman Bennett, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Claim of Samuel C, Dovi in the amount of $280,90 for damages re- ceived in his automobile, and of being deprived of the use of same for a period of feurteen days, caused Eby the icy condition of the'street at a point near the intersection of Cox Street and West Fourteenth Street, presented and read. Councilman Bennett moved to re- fer the claim. to the City Solicitor. Seconded by Councilman Kane. Car- ried by the fallowing vote: Peas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy, Nays-None. Claim of E. H. Willging in the amount of $67.00 for damages re- ceived to his automobile, and of be- ing deprived of the use of same for a period of seven days, caused by the icy condition of the street at the intersection of Cox Street and West Fourteenth Street, presented and read. Councilman Sennett moved to re- fer the claim to the City Solicitor, Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Communication of Ken Fenelon informing the City Council that he is again interested iu holding Ath- letic Shows in the Baseball Park this coming season, presented aud' read, Councilman Beane moved to re- ceive and file the communication, Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane moved that the City Manager be instructed to ad• vertise for bids for the holding of athletic events in the evenings at the Municipal Athletic Field. Seo- onded by Councilman Clark. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. Certificate of Authority issued by the Insurance Department of Iowa, Des Moines, Iowa, to the Mu- Regular Session, April 5th, 1937 lOS tual Surety Company of Iowa, for the transaction of the business of Fidelity and Surety Insurance in the State of Iowa, presented and read, Councilman Bennett moved that the Certificate of Authority be placed on file. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clarlt, Kane, Murphy. Nays-None. Communication of Prentiss M. ' Brown, United States Senator, re- questing the City Council to give immediate consideration to the pro- posed Senate Bill 1919, a bill to regulate gas rates and further re- questing that the Council transmit their view on this Bill to the Na• tional Chairman, Mr. John W. Smith, The Citios Alliance, Detroit, Mich., presented and read. Councilman Bennett moved to re• fer the communication to the City Council, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None, Petition of Boy Sceuts of America requesting permission for the use of the Municipal Ball Park for the evening of May 28th, 1937, for the holding of their Scout Circus, pre• sented and read. Councilman Kane moved to refer the petitio^ to the Recreational Di- rector, Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Dlurphy. Nays-None. April 2, 1937. To the Honorable Mayor and City • Council, Dubuque, Iowa. Gentlemen: The City Manager was instructed by the City ,Council on March 29th to contact Mra. Ahna Long and to advise her that requests had been submitted to the Council to condemn the old barn east of Mrs. Longs home at 2608 Central Avenue. On April 2nd Mrs. Anna Long was met at her home and advised in regard to the decision of the City Council that the old frame barn should be removed, Mrs, Lang is in had condition and her husband, aged 83 years, is likely to die, also, very shortly. Mrs. Longs appeal was not to try to condemn this barn for at least a few weeks. It is the writer's recommendation that no definite action be taken to have this old barn condemned while both Mrs. Long and Mr, Long are in such bad health. Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved that the recommendation of City Manager Evans be approved, Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. March 30, 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: An appeal was made to the writer vn March 30th by Mra, A. W. Bandy, 372 Southern Avenue, in connection with delinquent spe- cial assessments. We have ihvesti- gated Fund No. 646 and find that in Breakey's Addition, West 56 ft. of Lot 1, there is $8.89 due as the last 1/10 of principal of Fuud No. 646 levied August 10, 1925. There is al- so due an the North 97 ft. of Lot 1 in Newmau's Sub,, the last 1/10 of principal = $1.59 and also on the North 100 ft, of Lot 2 Newman'e Sub., the last 1/10 of principal due is $6.36. In other words, the total principal on these three lots is $16.83. The appeal from Mrs. Bandy is that the Council authorize her to pay this principal only without in• terest and penalty and if the auth- orization is made by the Council, it shall be quickly paid, Mra. Bandy was notified of this condition in Aug• ust, 1936, but until this particular time she has had no opportunity to eliminate this last delinquent as• sessment. Respectfully submitted, R. M. EVANS, City Manager. Councilman Bennett moved to re- fer the commmnication of City Man- ager to the City Treasurer to as- certain if a tax sale certificate has been issued against this property and to report his findings back to the City Council. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas -Mayor Chalmers, Council- men Bennett,, Clark, Kane, Murphy. Nays-None. Resolution No. 47-37 Be it resolved by the City Council of the City of Dubuque that the fol- lowing, having complied with the provisions of law relating to the sale of cigarettes within the City of Du- buque, be granted a permit to sell cigarettes and cigarette papers within said City and the Manager 106 Regular Session, April Sth, 1937 is directed to issue suck permit on behalY of said City: Dubuque Lodge No. 366-Loyal Or• der of Moose, 1379 Central Avenue. Vern Okey, 521 East 22nd Street. Be it further resolved that the bond filed with the application be ap• proved, Passed, adapted and approved this 5th day of April, 1937. JOHN K. CHALMERS, Mayor. CARL A. CLARK, M• R. KANE, GEO. R. MURPHY,. A. M. BEA1NETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the ad- option of the resolution, Seconded by Councilman Kane• Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Resolution No. 48-37 Whereas, the Planning and Zoning Commission of the City of Dubuque has recommended to the Couucil that the Zoning Map be amended and changed in the following re• spects: (a) By changing from "Single- Family Residence District" to "Lo• cal Business District" the southerly 100 ft. of westerly 20 ft. of Lot 2 of the subdivision of Lot 2 of Mln• eral Lot 363 and the southerly 100 ft. of the easterly 100 ft. of Lot 1 of the subdivision of Lot 1 of the subdivision of Lot 2 of Mineral Lot 363; and (b) By changing from "Two•Fam• ily Residence District" to "Local Business District" Lot 1 of 21, Lot 2 of 2 of 21, Lot 1 of 2 of 21, and 21A in Smedley's Subdivision; Lot 3 of 1 of Mineral Lot 314, Lot 2 of i oY Mineral I,ot 314, and Lot 1 of 1 of Mineral Lot 314; Lot 1 of 1 of 3 of Mineral Lot 113A, Lot 1 of 2 of 3 of Mineral Lot 113A, and Lot 1 of 2 of 2 of Mineral Lot 113A; and Lots 1, 2, 3 and 4 Scharles' Subdivision; and Whereas, before said 7.oning Map can be thus amended and changed, it is necessary that a public hear- ing be held thereon: Now, therefore, Be it resolved by the City Coun• cif of the City of Dubuque that said recommendation be, and the same is hereby approved, and the Clerk is directed to cause to be published in the Telegraph•Herald anotice of a public hearing to be held by this Council upon the proposed changes and amendments,, the date of said meeting being hereby fixed at 4:30 p, m, on April 26th, 1937, and to be held in the Council Chamber in the City Hall, said notice to be pub• fished at least fifteen (15) days be` fore the date of said meeting, at which time all parties in interest and citizens shall have an oppor• tunitp to be heard. Passed, adopted and approved this 5th day of April, 1937. JOHN K, CHALMERS, Mayor CARL A, CLARK, M. R. I{ANE, GEO. R. MURPHY, A• M. BENNETT, Councilmen. Attest: J• J. SHEA, City Clerk. Councilman Bennett moved the ad• option of the resolution. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• tnen Bennett, Clark, Kane,, Murphy; Nays-None. Annual report of City Solicitor Czizek for the fiscal year 1936, prey sented. Councilman Bennett moved that the annual report of City Solicitor Czizek for the fiscal year 1936 be received' and placed on file. Second• ed by Councilman Murphy. Carribd by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None- There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. J• J• SHEA, City Clerk. Approved ......................................1937• Adopted ........................................1937. Councilmen: l ........................................ Attest : .................................................. City Clerk. Special Session, April 10th, 1937 107 CITY COUNCIL (Official,) Special Session, April 10th, 1937. Council met at 1;50 P. M. Present-Mayor ChalmeTS, Coun• cilmen Bennett, Clarke, Kane, Mur• phy, City Manager Evans, Meeting called by order of Coun• cilmen Kane and Clark. Mayor Chalmers stated that this is a Special Meeting of the City Council for the purpose of consid- ering any business that may proper- ly come before a regular meeting of the City Council. Councilman Clark moved that the Council recess and go into executive session and reconvene later in the afternoon- Seconded by Councilman Murphy. Carried by the following vote: Yeas-Councilmen Bennett, Clark, Murphy. Nays-Mayor Chalmers, Council• man I{one. Council recessed at 2:50 P. M• and reconvened at 4:40 P, M. Saturday, Apri110, 1937. Honorable Mayor and City Council, Dubuque, Icwa. Gentlemen: This is to advise you that an analysis of the applications, as filed for the position of Water Superintendent, has been made. An attempt was made to secure all pos• sible experience and knowledge of certain of the applicants in order to make certain that the most e41'icient and the man of the best knowledge could be appointed, Credit is given to all of the applicants. My decision today was that Mr. J• Joseph Hail will be able to oper• ate this very important Water De• partment to the advantage of the Council and the entire citizenship, far in excess of the other applicants. Accordingly, this morning Mr. J• Jos• eph Hail was appointed as the Super• intendent of the Dubuque City Water Department by the writer Respectfully submitted,. R. M. EVANS, City Manager. Councilman Kane moved that the communication of City Manager Evans be made a matter of record. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy, Nays-None. There being no further business, Councilman Kane moved to adjourn Seconded by Councilman Clark. Car ried by the following vote: Yeas-Mayor Chalmers, Council men Bennett, Clark, Kane, Murphy. Nays-None. J. J. SHEA, City Clerk. Approved ......................................1937. Adopted ........................................1937. Councilmen ........................................ Attest : .......................................•........•. City Clerk. 1nR Session, 13th, 1937 ecial Session, April 13th, 1937 109 Treasurer for the fiscal year begin- ning April 1, 1936, and ending March 31, 1937, together with list of claims and list of payrolls for which war- rants were drawn during the month of March, 1937. Respectfully submitted, R. M• EVANS, City Manager. Councilman Bennett moved that the reports be received and placed on file. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. City Manager Evans submitted the following report to the City Coun- cil: OFFICIAL RECORD containing grounds for refusing the applica- tion of George Kennelly for ap• pointment to the office of Super- intendent of the Water Works of 'the City of Dubuque. Several applications for appoint- ment to the office of Superintendent of the Water Works of Dubuque, lilwa, -were filed' with me, as City Monag~f• of said City, one of which being tjhat of George Kennelly. The applicalion of Mr. Kennelly, while it does riot specifically ask for asal- dier's preference under the Soldier's Prefe ence Law of Iowa, it does state the fact that he is an honor- ably discharged soldier of the war with Germany. Accordingly, in con- sidering his application, I was guid- ed by the provision of such law and proceeded to conduct an investiga- tion of his qualifications for the posi• lion he applied for. The method of the investigation was in the form of a written examination touching upon his general lnowledge of the duties of a Water Worlts Superin- tendent and, particularly, upon hi's knowledge regarding the Dubuque Wator Works and Water Depart- ment. Isubmitted to him questions which I considered pertinent and practical. Mr. Kennelly is engaged in the electrical construction busi- ness in the City,of Dubuque and hus been so engaged for several years. He is a man of good moral char otter- He has never been identified with the operation of the Dubuque Water Works and has in no manner been connected with such Depart- ment. I have refused his applica- tion far the following reasons: I called Mr. Kennelly to my office, and when I submitted to him the questions upon which I was to de- termine his qualifications, he ans• veered a number of preliminary ques• lions, but when I asked him the fol• lowing questions: "What has been CITY COUNCIL (Official.) Special Session, April 13th, 1937. Council met at 4:45 P. M. Present-Mayor Chalmers, Coun• cilmen Bennett, Clark, ~ane, Mur• phy, City Manager Evans.~~ Meeting called by order of Coun• cilmen Clark and Kane• Mayor Chalmers read the call and stated that service thereof had been duly made- and that this meeting is called for the purpose of consider- ing a re-adjustment of the payroll of the Fire Department as set out in the budget and acting on any oth- er business as may properly come before a regular meeting of the City Council, Claim of Milton Driscoll in an amount to cover loss of time and expenses incurred due to fall on icy street intersection at Feurth Street and Central Avenue,, presented and read. Councilman Bennett moved to re• fer the claim to the City Solicitor Seconded by Councilman Kane. Car• tied by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Communication of Dubuque Auto• mobile Club requesting that Officer Charles Post be granted official leave of absence starting May 18th in or- der to chaperone a delegation of School Safety Patrol Boys going to Washington, D. C., to attend the Na• lions] School Safety Patrol Conven• lion, presented and read. Councilman Sennett moved that the request be granted and that the Chief of Police be instructed accord- ingly. Seconded by Councilman Clark. Carried by the following vote: Yeas -Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Wells Rupert, trustee of the Estate of the Hawkeye Casket Co., Bankrupt, requesting the City Council to express approval and adopt a resolution wherein the Board of Supervisors of Dubuque County may be advised that the City Coun- cil favor a compromise of the taxes in delinquency on the part of the bankrupt's estate at 50 per cent of the amount thereof and asking the Board of Supervisors to resubmit the question of authority to Attorney General Mitchell, presented and read. Councilman Kane moved to re ceive and file the petition. Second ed by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Petition of Noel B• Arquitt, May- or of Town of Farley, Iowa, request- ing the use and loan of the grader and scarifier owned by the City of Dubuque when the same is not in use and advising that the City of Farley would be willing to pay a nominal or fair rental for the use of.same, presented and read. Councilman Kane moved that the Mayor of Farley, Iowa, be advised that the City Council of Dubuque regrets the inability to loan the grad- er and scarifier as requested on ac• count of the urgent need of same by the City of Dubuque. ;seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. • ~ .y~ April 9, 1937• To the Honorable Mayor and City , Council, Dubuque, Towa. Gentlemen: Referring to yours of Dlarch 30, 1937, regarding whether or not there was a tax certificate held against Brealzey's Addition, West 56 ft, of Lot 1, the North 97 ft• of Lot 1 in Newman's Sub. and the North 100. ft. of Lot 2 of New• man's Sub., owned by Mrs, A• W. Bandy, 372 Seuthern Avenue, which was referred to me for investigation and report, beg to advise that the City of Dubuque holds no tax cer- tificates against this property for delinquent special assessments and upon further investigation find' there are no other tax certificates regis- tered with the County Auditor: Respectfully submitted, OTTO F. PULS, City Treasurer. Councilman Kane moved that the request of Mrs. A. W. Bandy be granted and that she be allowed to pay the principal of the delinquent special assessments Alus advertising costs, the balance of interest and penalties to be waived, Fund Nc. 646, and that the County Treasurer be instructed accordingly. Seconded by Councilman Bennett. Cart•ied by the following vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy Nays-None. April 12, 1937. To the Honorable Mayor and' City Council, Dubuque, Io~va• Gentlemen: I am submitting here- with reports of the City Auditor, City Treasurer and City Water De- partment for the month of March, 1937, also annual report of the City your experience in the operation of `voter plants, either public or pri- vate" he made the following ans- wer: "I think that this is a very un- usual procedure. No other position was filled under similar conditions. It looks like I am being penalized because I am a World War veteran. The law states that there should be an investigation, not an .examina- tion." Thereupon, he refused to ans- wer any more questions and left .my office. The law does not prescribe the character of investigation that the appointing officer must make, and it is my opinion that the pro- per method to be pursued in deter mining the qualifications of an ap- plicant for a position so important as the Superintendent of the Water Department is an examination as to the knowledge and experience and capacity of the applicant- Since Mr, Kennelly refused to answer any questions regarding these matters, he thereby prevented. any further in- vestigation as to his qualifications, and I accordingly could not deter- mine such qualifications. Therefore, there was nothing left for me to do except refuse the application. Dated' at Dubuque, Iowa, this 10th day of April, 1937. R• M. EVANS, City Manager. Councilman Kane moved that the report of City Manager Evans be made a matter of record- Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Chalmers, Counci]- me^ Bennett, Clark, Kane, Schiltz. Nays-None. City Manager Evans submitted the following report to the City Council. O F F I C I A L RECORD containing grounds for refusing the applica- tion of Roy Curtis for appointment to the office of Superintendent of the Water Works of the City of Dubuque. Several applications for appoint- ment to the office of Superintendent of the Water Works of Dubuque, Iowa, were filed with me, as City Manager of said City, one of which I being that of Roy Curtis. Tho ap- plication of Mr. Curtis, while it does not specifically ask for a soldier's preference under the Soldier's Pref• erence Law of Iowa, it does state the fact that he is an honorably dis- charged soldier of the war with Ger- many. Accordingly, in considering his application, I was guided by the provision of such law and proceed- ed to conduct an investigation of his qualifications for the position he ap- plied for. The method of the inves• ligation was in the form of a writ- 110 Special Session, April 13th, 1937 ten examination touching upon his general knowledge of the duties of n Water Works Superintendent and, particularly, upon his knowledge re- garding the Dubuque Water Works and Water Department. I submitted to him questions which I considered pertinent and practical. 119 r. Curtis is engaged in the plumbing business in the City of Dubuque and has been so engaged for several years, He is a man of goad moral character and possesses considerable .general ]tnowledge of the operation of Water Works. He also possesses considerable knowl- edge of the Dubuque Water Works although he has never been con- nected in any capacity with the Du- buque Water Worlts. However, I have refused his application Mr, Jo• seph Hail also made application for appointment to this position, Mr. Hail has been engaged iu the opera- tion of the Water Works for the past fifteen years, the last eight months of which he served in the capacity of Assistant Superintend- ent. Prior to that time he occupied the positions of cashier and ac- countant in the Department. He possessed intimate knowledge of the Water Works in all of its branches, including the financial operation thereof. He understands the needs of the Department and the plans for its future expansion and develop- ment. He possesses executive abil• ity to qualify him for the position. My reasons far refusing the appli• cation of Roy Curtis and approving the application of Joseph Hail are the following: (1) Mr. Hail has had fifteen years of active experience in the Dubuque Water Department and is thoroughly and intimately acquainted with its operation in all of its branches. He is and always has been a capable and efficient employee. Mr, Curtis has not been connected or identified with the Water Department in any manner and his knowledge regarding its operation is necessarily limited to general information. (2) The best interests of the Wat• er Works and the people of Dubuque will be preserved by employing a Superintendent whose knowledge and experience of the practical and financial operation of the same is established, (3) Mr. Hail is intimately ac- quainted with the operation and method of operation of the pumps, storage tanks, mains and pumping stations constituting the Dubuque Water Works. Mr. Curtis' knowledge regarding these matters is necessar• fly limited. (4) Mr, Hail has had the advant• age over Mr. Curtis in the financial operation of the plant; the method of billing and accounting employed by it; the manner in which the busi- ness of the plant is conducted; the outstanding indebtedness; the oper• ation of the Sinking Fund, the put•• pose thereof and the investments contained therein, In cooperation with the former Superintendent, Mr. McEvoy, he has built up a modern business with which he is thorough- ly familiar. In having this advant- age, it enhances his qualifications above those of Mr. Curtis. (5) Tke Water Works is a pro• gressive business and plans for tliis future result from years oY exper• fence. Mr, Hail knows these plane and is in a position to carry them forward. Mr. Curtis lacks such knowledge and information. (6) It is my conviction that the Water Works. is one of the most important industries in the City, Health and the protection of life and property depend upon its For that reason only such employees should be placed in responsible positions who are qualified by their knowledge and experience in its operation. Gen• eral knowledge is not suYdcient. The applicant, Mr, Hail, possesses more intimate knowledge of the' operation of this Department than the appli- cant, Mr. Curtis; (7) While Mr. Curtis has an im• pediment in his speech which makes it difficult at times to understand him, this fact alone would not dis• ,qualify him or incapacitate him from holding the position for which he has made application were his other qua]ificationa equal to those of Mr. Hail. For al] of the foregoing reasons I consider it my duty as City Manager and for the best interests of the City to refuse the application of Roy Cur• tie and approve the application of Joseph Hail., Dated at Dubuque, Iowa, this 10th day of April, 1937. R. M. EVANS, City Manager, Councilman I{one moved that the report of City Managet• Evans be made a matter of record, Seconded by Councilman Bennett. Carried by the Following vote: Yeas -Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Bennett moved that Mr. J. K, Deming be re-appointed as Citizen member of the Police and Fire Retirement Board far a four year term commencing Monday, April 5th, 1937, and expiring the first Monday in April, 1941. Se~cend• ed by Councilman Kane. Carried by the following vote: Special Session, April 26th, 1937 111 Yeas-Mayor Chalmers, Council• men Bennett, Clark, Kane, Murphy. Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the personal injury claim of Alice McFarlane in the amount of $75.00, presented, Councilman Bennett moved that the recommendation of City Solicitor Czizek be approved and that a war rant in the amount of $75.00 be ord- ered drawn on the City Treasurer in favor of Alice McFarlane as set• tlement in full of her personal in• jury 'claim. Seconded by Council- man Murphy. Carried by the fol• lowing vote: Yeas-Mayor Chalmers, Council- men Bennett, Clark, Kane, Murphy. Nays-None. Councilman Kane excused from Council Meeting at 6:60 P. M. Verbal report of City Manager Evans recommending that a night watchman position be created at the Ninth Street Fire Engine House at a salary of $140.00 per month, pre• aented. Councilman Murphy moved that the recommendation of City Man• alter Evans be approved. Seconded by Councilman Clark, Carried by the following vote: Yeas-Mayor Chalmers, Council• men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. There being no further business, Councilman Bennett moved to ad• journ. Seconded by Councilman Clark. Carried by the following vote; Yeas-Mayor Chalmers, Council- men Bennett, Clark, Murphy. Nays-None. Absent-Councilman Kane. J. J, SHEA, City Clerk. Approved ....:.................................1937 Adopted ........................................1937. Councilmen: ~ ........................................ Attest : .................................................. City Clerk. CITY COUNCIL Special Session, April 26th, 1937. Council met at 4:50 P. M. Present-Mayor Chalmers, Qoun• cilmen Kane and Murphy, City Man• alter Evans. Absent-Councilmen Bennett and Clark. Meeting called by order of Coun• cilmen Kane and Murphy. Mayor Chalmers 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 a proposal to amend and change the Zoning Map as the same applies to certain dis- tricts provided for therein as fol• lows: (a) By changing from "Single~ Family Residence District" to "Local Business District" the southerly 100 ft. of westerly 20 ft, aY Lot 2 oY the subdivision of Lot 2 of Mineral Lot 303 and the southerly 100 ft. of the easterly 100 ft. of Lot 1 of the sub- division of Lot 1 of the subdivision of Lot 2 of Mineral Lot 363; and' (b) By changing from "Two•Fam• fly Residence District" to "Local Business District" Lot 1 of 21, Lot 2 oY 2 of 21, Lotl of 2 of 21, and 21A in Smedley's Subdivision; Lot 3 of 1 of Mineral Lot 314, Lot 2 of 1 of Mineral Lot 314, and Lot 1 of 1 of Mineral Lot 314; Lot 1 oY 1 of 3 of Mineral Lot 113A, Lot 1 of 2 of 3 of Miners] Lot 113A, and Lot i of 2 of 2 of Mineral Lot 113A; and Lots 1, 2, 3 and 4 of Scharles' Subdivision. Such other business will be trans- acted as may properly come before a regular meeting of the City Coun• ~iL 'Proof of Publication, certified to by the publishers, of a notice of a public hearing ,upon a proposal to' amend and change the Zoning Map as the same applies to certain dis• tricts provided for therein as fol- lows: (a) By changing from "Single- Family Residence District" to "Local Business District" the southerly 100 ft. of `vesterly 20 ft, oY Lot 2 of the subdivision of Lot 2 of Mineral Lot 363 and the southerly 100 ft. of the easterly 100•ft. of Lot 1 of the sub- division of Lot 1 of the subdivision of Lot 2 of Mineral Lot 363; and (b) By changing from "Two-Fam- ily Residence District" to "Local Business District" Lot i of 21, Lot 2 oY 2 of 21, Lot 1 of 2of 21, and 21A in Smedley's Subdivision; Lot 112 vial Session, 1937 3 of 1 of Mineral Lot 314, Lot 2 of 1 of Mineral Lot 314, and Lot 1 of 1 of Mineral Lat 314; Lot 1 of 1 of 3 of Mineral Lot 113A, Lot 1 of 2 of 3 of Mineral Lot 113A, and Lot 1 of 2 of 2 of Mineral Lot 113A; and Lots 1, 2, 3 and 4 of Scharles' Subdivision, presented and read, Councilman Murphy moved to re• ceive and file the proof of public~- tion. Seconded by Councilman Kane. Carried by the following vote; Yeas-Mayor Chalmerx, Council- men Kane and Murphy, Nays-None. Absent-Councilmen Bennett and Clark, Ordinance No. 5-37 An ordinance amending and chang- ing the Zoning Map of the City of Dubuque as provided for by Ordin- ance No. 3-34 designated "Zoning Ordinance of the City of Dubuque," so as to change to "Local Business District" certain defined territory now delimited as "Single-Family Residence District" and "Two•Fam- ily Residence District;' and declar• ing an emergency, presented and read. Councilman ISane moved that the reading just had be considered the first reading of the ordinance, Sec• onned by Councilman Murphy, Car• ried by the following vote; Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark, Claim of Mra. Mayme Bierie in the amount of $50.00 for injuries re• ceived in falling on icy sidewalk a't No. 779 Julien Avenue, presented and read. Councilman Murphy moved to re• fer the claim to the City Solicitor. Seconded by Ceuncilman Kane. Car• ride by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark, Claim of Mrs. Julia M. Taylor in the amount of $10.00 for injuries received and damages to her glass- es caused in falling on defective sidewalk on Grandview Avenue near Delhi Street and owned by Mr, King, presented and read. City Solicitor Czizek recommend- ing the settlement of the claim of Mrs. Julia M. Taylor in the amount of $10.00, Councilman Kane moved that the recommendation of City Solicitor Czizek be approved and that a war• rant in the amount of $10.00 be ord• ered drawn on the City Treasurer in favor of Mrs. Julia M. Taylor as settlement in full of her claim. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Original Notice of foreclosure of promissory note of C. W. Datisman and Carrie Datisman, Trustees as Plaintiff, vs. Dennis Moriarity, City of Dubuque et al, as Defendants, presented and read. Ceuncilman Murphy moved to rep fer the notice to the City Solicitor. Seconded by Councilman Kane. Car• ried by the following vote: Yeas-Mayer Chalmers, Council- men Kane and Murphy, Nays-None. Absent-Councilmen Bennett and Clark. Bond of Daniel J. O'Leary, Plumb• ing Inspector, in the amount of $1000,00, presented for approval. Councilman Kane moved that the Band be approved and placed on file. Seconded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. " Nays-None. Absent-Councilmen Bennett and Clark. Communication of -Mrs, Myrtle Schiltz stating that she is interested in the renting of the City owned property located in the 1700 block on Prescott Street and making in• quiry as to the amount of rental charge for same, presented and read. Councilman Kane moved to refer the communication to the City Coun- cil. Seconded by Councilman Mur• phy. Carried :by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Communication of John W. Smith, National Chairman,. The Cities A]1i• ante, Chairman, Natural Gas Com- mittee, United States Conference of Mayors, enclosing a resolution to be adapted by the City Council to aid in an effort to reduce the costs of natural gas service, presented and read. Councilman Kane moved to re• ceive and file the communication, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Special Session, April 26th, 1937 .113 Communication of C. B. Murtagh, State Comptroller, granting an ex• tensiau of time till December 31st, 1937, for the return of the balance of $162,52 from the Library Build- ing Fund to the Waterworks Fund, presented and read. Councilman Murphy moved to re• ceive and file the communication of State Comptroller Murtagh. Sec- onded by Councilman Kane. Car- ried by the following vote: Yeas-Mayor Chalmers, Council- ' men Kane and Murphy. Nays-None, Absent-Councilmen Bennett and Clark. Petition of F. P. Fuhrmann re• questing permission to construct a stairway in the alley in the rear of his building at 905 Central Avenue to replace the present stairway on the Ninth Street side of the build- ing, presented and read. Councilman Murphy moved to re- fer the petition to the Building Com- missioner for "to submit a report back to the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Petition of Mrs. Irene Spiegel- halter, referred to the City Council by the Board of Supervisors, re- questing suspension of the 1936 tax• es on Lot 2 of the Sub, of Lot 108, Cox's Addition, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. Nays-None, Absent-Councilmen Bennett and Clarlr. Petition of Lillian L. Hargus, re- ferred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lot 1 .of 1 of 1 of City Lot 667, pre- sented and' read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Murphy. Carried by the following vote: Yeas-11layor Chalmers, Council- men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Petition of Josephine McCeney, referred to the City Council by the Board of Supervisors, requesting suspension of the 1936 taxes on Lots 3, 4 and 5, William Blake's Addi- tion, presented and read. Councilman Kane moved to refer the petition to the City Solicitor for investigation and report. Seconded' by the following vote: Yeas-Mayor Chalmers, Council- men I{one and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Communication of Dubuque Trades and Labor Congress submitting en- closed resolution of Dubuque Print• ing Pressmen and Assistants Unicn, No, 225, requesting that the name of Main Street be changed to Murphy Street or Murphy Avenue, presented and read. Councilman Kane moved to refer the communication to the City Coun- cil. Seconded by Councilman Mur- phy. Carried by the following vote:. Yeas-11layor Chalmers, Council- men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Petition of Mettel Realty & Invest- ment Company requesting permis- sion to substitute wooden steps in place of the iron steps as previous- ly granted' by the City Council on the north side of the building lo• toted at 2890 Central Avenue, pre- sented and read. Councilman Kane moved that the request be denied. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. Nays-None, Absent-Councilmen Bennett and Clark. Petition of Dubuque Automobile Club requesting that the 1700 block on Lincoln Avenue be blacked off in back of the Holy Trinity School for the purpose of allowing school chil• dren to use the same for playing during recess and noon hour and a few minutes before school, present- ed and read. Councilman Kane moved to refer the petition to the City Council. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. April 24, 1937. To the Honorable Maycr and City Council, Dubuque, Iowa. Gentlemen: In connection witlr the instructions by the City Coun- cil as of April 5, 1937, a notice to bidders was advertised April 13, 1937, for sealed' proposals for the 114 Special Session, April 2bth, 1937 ~ Special Session, April 26th, 1937 11S rental of the Municipal Atlletic Field to hold athletic shows during the season of 1937. The date of re• ceiving said bids was listed at 10:00 a. m., Aptil 21, 1937. In accordance therewith, one seal- ed bid, only, was received and op• ened, including a statement from Mr. Ken Fenelon. (Bid attached). Mr. Fenelon agreed to pay $20.00 each weekly Friday night starting June 4th to September 17th, includ- ing 16 dates, totalling $320.00. Mr. Fenelon also agreed to pay $10.00 on each of the 16 Friday night dates far the. required cost oY police as• sistance, as listed by a City Ordin- ance and he also agreed to pay, at his expense, the actual cost of flood lights and regular lights on all oY his dates. Accordingly, this is the only pro• posed outline fot• holding athletic shows this summer. The writer recommends the acceptance of this bid and there is hereby also sub• witted', a proposed copy of a cen• tract fot• the same. Respectfully submitted, R. M. EVANS, City Manager. P. S. Attached is copy of "Notice to Bidders" for use of Athletic Field for Night Athletic Shows in 1937. Councilman Murphy moved to re• fer the communication of City Man• ager Evans to the City Council. Sec• onded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Petition of Dubuque P r i n t i n g Pressmen's Union, No. 225, t•equest• ing the use of the grounds west of the Ball Park for the holding of a carnival during the week of May 24th, 1937, and further requesting that the charge of permit and li- cense fee be dispensed lvith, pre• sented and read. Councilman Kane moved that the petition be received and Sled. Sec• onded by Councilman Murphy, Car• ried by the fallowing vote: Yeas--Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark, Petition of Dubuque Trades anti Labor Congress requesting that the fee charge be eliminated for the holding of their carnival, which they consider sponsoring either in the early part or middle of June, and also that no other carnivals or cir• cures be allowed for a two weeks' period' prior to the date of holding their carnival, presented and read. Councilman Murphy moved to re- fer the petition to the City Council. Secouded by Councilman I{one. Car• ried by the following vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Petition of American Legion Dium and Bugle Corps requesting use of the show grounds at Comiskey Park for the week of•July 12th to 19th, inclusive, and further requesting that the City waive the license fee and ground rental charge and fur- ther requesting that no carnival be allowed to show iu Dubuque for at least 30 days previous to July 12th, 1937, presented and read. Councilman Murphy moved to re• Per the petition to the City Council. Seconded by Councilman Kane, Car- ried by the following vote: Yeas-Mayor Chalmers, Couucil• men Kane and Murphy. Nays-None. Eibsent-Councilmen Bennett and Clark. Councilman I{one moved to sus• pend the rules for the purpose of allowing any one present in the Council Chamber, who wishes to do so, to address the Council. Sec• onded by Councilman Murphy, Car• ried by the following vote: Yeaa-lYIayor Chalmers, Council• men Kane and Murphy: Nays-None. Absent-Councilmen Bennett and Clark, Request made that Mrs. Mary Fink be granted' a refund in the amount of $38.54 on penalty charges paid on delinquent special assess~ went for the construction of the sanitary sower in Reeder Street. Councilman Mut•phy moved that the request be referred to the City Manager for investigation and to report back to the City Council at its next regular meeting. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and ]4iurphy. Nays-Noce. Absent-Councilmen Bennott and Clark. Communication of T. C. Moore suggesting that the name of Main Street be changed to Commercial Avenue instead of to Murphy Ave• nue, presented and read. Councilman Kane moved to refer the communication to the City Council. Seconded by Councilman Murphy. Carried' by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Communication of Herbert A. Ken- nison submitting for final approval a plat .of "Mount, Vernon Court Addi• tion;' also a communication of the Planning and Zoning Commission tentatively approving said plat, pre• sented and read. Councilman Murphy moved to re• fer the commm~ications and plat to the City Council. Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None, Absent-Councilmen Bennett and Clark. Notice from U. S. Engineer Office, Rock Island, Ill., for the filing of objections not later than May 3rd, 1937, to the grouting of a permit to the Board of Dock Commissioners, Dubuque, Iowa, for the construction of a rock and' sand fill in the Mis• 5issippi River within the enclosure of the railroad trestle of the Missis- sippi River Terminal and the Iowa Shm•e, presented and read. Councilman Murphy moved that the notice be received and filed. Seconded by ~Couucilman I{one. Car- ried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennott and Clark. Preof of publication, certified to by the Publishers, of the list of claims for which warrants were drawn during the month of March, 1937, presented and read. Councilman Murphy moved to re• ceive and file the proof of publica~ tion. Seconded by Councilman Kane. Carried by the following vote: Peas-Mayor Chalmers, Council• men Kane and Murphy, Nays-None. Absent-Councilmen Bennett and Clark. Council Proceedings for the month of February, 1937, presented for aPProval. Councilman Kane moved that the Council Proceedings for the month of February, 1937, be approved as printed. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane 'and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Report of Board of Health for the month of March, 1937, pre- sented. Councilman Murphy moved that the report of the Board of Health for the month of March, 1937, be received and' placed on file. Second- ed by Councilman Kane. Carried by the following vote: Yeas-Mayor Chalmers, Council• Wren Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Communication of Carl Grabow, Recreational Director,- submitting re- port Por the Athletic Field for the fiscal year. 1936.37, presented and read. Councilman Kane moved to refer the communication to the City -Ian- ager for an analysis sand to report back to the City Council. Seconded by Councilman MurPhY. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. April 23, 1937. To the Honorable Mayor sand City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the following po]• icier and bands covering signs and desire to have your approval on same for filing: Trianglo Cafe, 926 Main Street; Policy No. 14210, Employers Mutual Casualty Co. Oniversal Car & Tractor Co., 930 Central Avenue; Policy No. 260636, The Hoosier Casualty Co. Schaetzle Drug Store, 2162 Central Avenue; Policy No. uL-117435•G, American Surety Co. Goodman's, Incorporated, 704 Main Street; Policy No. ILO 65645, Great American Indemnity Co. Engel Nash Co., 13th and Iowa Streets; Policy Na. GP 9487, Build• err & Manufacturers Mutual Cas• ualty Co. Adam Zillig, 1347 Central Avenue; Policy No. ILO 55650, Great Amer- ican Indemnity Co. Sydney Haudenshield, '3170 Cen• tral Avenue; Policy No. 20P505, The tEtna Casualty & Surety Co. Kies Drug Store, 1362 Central Ave• nue; Policy No, 13187, Employers 14lutual Casualty Co. Charles Petra$is, 1950 Central Avenue; Policy No. OLT1320, In. demnity Insurance Ca, oP North America. John Appel (Appel's C r y s t a l Clean); 48 West 6th Street; Policy No. LBI 1014, Eagle Indemnity Co. The Home Supply Co., 1154 Iowa 116 Special Session, April 26th, 1937 Street; Policy No. IMC 639, Stan- dard Accident Insurance Co. Dubuque Tire & Battery Co., 101 West 7th Street; Policy Na. MC 519598, General Accident, Fire & Life Assurance Carp., Ltd. Iowa Oil Co. Signs at the follow- ing locations: 4th and Locus t Streets, 20th and Jackson Streets; Cor. Delhi and Asbury Streets, 14th and Whito Streets, N, W. Cor. 27th ' and Jackson Stree:a, 1555 S. Crand• view Avenue, Cor. Dodge and Ne- vada Streets; Policy No. GB 23 i i 11, Standard Accident Insurance Co. Clemens Motor Sales, 4th and Iowa Streets; Policy No. 20MV4241, Etna Life Insurance Co, Spahn & Rose Lumber Co., 11th and Jackson Streets; New York Cas- ualty Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Kane moved that the bonds and policies be approved and placed on file. Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Council• men Kaue and Murphy. Nays-•None. Absent-Councilmen Bennett and Clark. April 24,. 1937. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: ;Many recent reqursts to the writer have been submitted by Mr. Wm. Holmberg of 383 So. Locust Street in regard to the auth- orization in 1936 by the City Council for him to pay certain delinquent special assessme-nta on' a definite basis, Said payments were made and the City actually received $38.22 in excess for Fund 644 and $15.15 in excess for Fund 646, or a total of $53.37 mare than was authorized and actually paid within the provid• ed period. Mr. Holmberg had tc borrow several hundred dollars t'c eliminate delinquent special assess menta and he now greatly desires the immediate authorization of the refund of $53.37 to him, A com plete outline of these assessments and over-payments were submittec to the Council on January 25, 193'7 The question was referred to tkE Council, but no action has as yei been made for this refund, Respectfully submitted, R. M, EVANS, City Manager Councilman Kane moved that thi request be granted and that a war rant in the amount of $53.37 be ord erect drawn on the Special Bonder Fund in favor of Wm. Holmberg fo rover the amount of said refund. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• meu Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Resolution No. 49-37 Whereas, heretofore application was filed by the within named ap- plicant for Class "B" Beer Permit and has received the approval of this Council; and Whereas, the premises to be oc- cupied by this club have been in- spected and found to comply with the ordinance of this City and a proper band has been riled: Now, therefore, Be it resolved by the Council of the City of Dubuque that the Man• ager be and he is hereby directed to issue to the following named club a Beer Permit. CLASS `.'B" PERMIT Dubuque' Golf Club (6 mo. Country Club "B" Permit)-End of Randall Place. Be it further resolved that the band filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 25th day of April, 1937. JOHN K. CHALMERS, Mayor. M. R. KANE, GEO. R. MURPHY, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Kane moved the ad- option of the resolution, Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark.. Resolution No. 50-37 Be it resolved by the City Coun• cil of the City .of Dubuque that the following, having complied with the provisions of law relating to the sale of cigarettes within the City of Du• buque, be granted a permit to sell cigarettes and cigarette papers with- in said Gity and the Manager is di• rected to issue such permit on be- half of said City, John Schaetzle, 2162 Central Ave. Be it further resolved that the bond filed with the application be approved. Passed, adopted and approved this 26th day of April, 1937, Special Session, April 26th, 1937 117 JOHN K. CHALMERS, Mayor, M. R, KANE, GEO. R. MURPHY,. Councilmen. Attest: J, J, SHEA, City Clerk. Councilman Kane moved the ad• option of the resolution, Seoanded by Councilman Murphy, Carried by the following vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark, Verbal report of City Solicitor Czizek recommending the settlement of the personal injury claim of Charles Nagelmaker in the amount of $97.50, presented, warrants to be drawn as follows: Charles Nagel- maker in the amount of $25.00; Dr, J. M.-Walker in the amount of $7.50; and Dr. C, C. Coady in the amount of $65.00. Ceuncilman Kane moved that the recommendation of City Solicitor Czizek be approved and that war- rants be ordered drawn in favor of Charles Nagelmaker in the amount of $26.00; Dr. J, M, Walker in the amount of $7.50 and Dr, C. C. Ccady in the amount of $05.00 as sett]e• ment in full of the personal injury claim of Charles Nagelmaker for in• juries received in a fall at 30th and White Streets, Seconded by Coun- cilman Murphy. Carried by the fol- lowing vote: Yeas-Mayor Chalmers, Council- men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. Verbal report of City Solicitor Czizek, presented, recommending the settlement of the following claims for damages to automobiles caused in striking a hole in the street on Dodge Street: William Hartman in the amount of $7.00; John Fuhrmann in the amount of $1,80; Wayne Ben• schneider in the amount of $25.00 and Karl Feye in the amount of $14.00, Councilman Kane moved that the recommendation of City Solicitor Czizek be apprsved and that war- rants in the amount of $7.00 be ord- ered drawn in favor of William Hart• man; in the amount of $1.80 in favor of John Fuhrmann; in the amount of $25.00 in favor of Wayne Ben• schneider and in the amount of $14.00 in favor of Karl Feye as set- tlement in full of their claims for damages received to their automo• biles caused in striking a hole in the street on Dodge Street. Second• ed by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmers, Council• men Kane and Murphy. Nays-None, Absent-Councilmen Bennett and Clark. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Murphy. Carried by the following vote: Yeas-Mayor Chalmerar Council• men Kane and Murphy. Nays-None. Absent-Councilmen Bennett and Clark. J, J. SHEA, City Clerk, Approved ......................................1937. Adapted ........................................1937. Councilmen 1 ........................................ Attest : .................................................. City Clerk.