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1936 April Council ProceedingsCITY COUNCIL (Official) Special Session, April 3rd, 1936. Council met at 5:35 P. M. Present-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz, City Manager Evans. Meeting called by order of Mayor Kane and Councilman Chalmers. Mayor Kane t•ead the calk and slat- ed that service thereof had been duly made and that this meeting is called for the purpose of appointing a member of the Police and Fire Commission and acting on any other business as may properly come be- fore aregular meeting of the City Council. Bond of Laurence C. Kelly, Ac• countant in the City Water Depart• meat in the amount of $1,000:00, presented. Councilman Chalmers moved that the Bond be approved and placed on file. Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. Certificate of Cotpliance showing that the Continental Casualty Com• pony has qualified for the transac• lion of Fidelity and Surety Busi- ness in the State of Iowa for the year ending March 31st,, 1937, pre- sented and read. Councilman Schiltz moved that the Certificate of Compliance be made a matter of record-and placed on file, Seconded by Councilman Chalmers, Carried by, the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None, Communication of Frank McCoy making application for the appoint- ment as Custodian of the City Hall, presented and read. Councilman Chalmers moved to re- ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. Petition of Edward C. Baumhover, referred to the City Council by the Board of Supervisors, requesting the suspension of the 1936 taxes on t)is West 22 feet of Lot 1 of Sttb. 3 of North ~ of Lot 100 of L, H. Lang's Add., presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Jaeger. Cat•- ried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Special Session, Aril 3rd, 1936 81 Nays-None: Petition of Mrs. Mary E. Byrne, referred to the City Council by the Board of Supervisors, requesting the snapension of the 1935 taxes on Lot 8 in Finley Home Addition, present- ed and road. Councilman Schiltz moved to refer the petition to the City Solicitor far investigation and report. Seconded by Councilman Jaeger. Carried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. Petition of Leslie Dawson, refer~ t•ed to the City Council by the Board of Supervisors, requesting the sus- pension of the 1936 taxes on Lot 79 of Union Addition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Jaeger. Car• ried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-ATOne. Petition of Mrs. Margaret E. Hog- an, referred to the City Council by the Board of Supervisors, request ing the suspension of the 1935 taxes on the North 1/z of City Lot 326, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Jaeger. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. Petition of Consttello McGee and Helen C, Green, referred tc the' City Council by the Board of Supervis- ors, requesting cancellation and sus- pension of the 1935 taxes on the sontlterly 38 feet of the North 79 feet of the South 129 feet of Lots 4, 5 and 6 in Kiene and Blocklinger Sub., presented and read. Councilman Schiltz moved to re- fer the pe2itien to the City Solicitor for investigation and report. Sec- onded by Councilman Jaeger. Car- ried by the following vote; Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. Councilman Jaeger moved that Mr. Bart C. Schmid be appointed as a member of the Police and Fire Com- mission far a six year term, said term to expire March 31st, 1942. Sec- onded by Councilman Bennett. Car- ried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz, Nays-None. Councilman Jaeger moved that Mr. W. A. Smith be re-appointedi as a member of the Board of Adjustment 82 Regular Session, April 6th, 1936 Regular Session, April 6th, 1936 83 for a five year term, said term to e7ipire March 6th, 1941. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Kane, Councilmen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Chalmers. Carried by the follow- ing vote: Yeas-Mayor Kaue, Councihuen Bennett, Chalmers, Jaeger, Schiltz. Nays-None. J. J. SHEA, City Clerk. Appt•oved ....................................1936 Adapted ........................................1936. Councilmen Attest: City Clerk. CITY COOHCIL (Official) Regular Session, Apt•il 6th, 1936. Council met at-7:40 P. M. Present-Mayor Kane, Councilmen Bennett, Chalmers, Jaeget•, Schiltz, City Manager Evans. Mayor Kane stated that this is the t•egular monthly meeting of the City Council and also the first meeting of the fiscal year for the transaction of such business as may pt•operly come before the meeting. Mayor Kane moved that Council• man F. M. Jaeger be appointed as Mayor for the ensuing year. Sec• onded by Councilman Schiltz. Car• ried by the following vote: Yeas-Mayor Kane, Councihuen Bennett, Chalmers,, Schiltz, Nays-None, Councilman Jaeger not voting. Mayor Kane before retiring admin- istet•ed the oath to the newly ap- pointed Mayor F. M. Jaeget•. Mayor Jaeger then took the Mayor's chair, Resolution No. 33-36 Be it resolved by the City Council of the City of Dubuque; That the following officers be ap- pointed to serve during the fiscal year 1936 at the pleasure of the City Council and to be paid the follow- ing salaries provided in the budget as adopted March 20th, 1936, and the following bonds shall be pro• vided at the expense of the individ- ual officer: Salary Bond City Manager- Roger M. Evans $6,000,00 $G,000.00 City Solicitor- M. H, Czizek.... 3,600.00 1,000.00 City Clerk- J. J. Slrea.......... 2,150.00 1,000,00 Police Judge- Milton Glenn .... 1,200,00 1,000.00 City Assessor- Gearge Bennett 1,000.00 500.00 Passed, adopted and approved this Gth day of April, 1936. F. M, JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT,. Councilmen. Attest: J. J, SHEA, City Clerk. Councilman Schiltz moved the ad• option of the resohttion, Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, I{one, Schiltz. Nays-None. Mayor Jaeger then administered the oath of office to City Manager Evans, City Solicitor Czizek, City Clerk Shea, Police Court Judge Glenn and City Assessor- Bennett. April 1, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: As City Manager of the City of Dubuque, I beg to re- pot•t that I have appointed the fol- lowing persons to assist me as offi- cers in the orderly administration of tlie~ City Govermnent of this City and of the vat•ious departments thereof, said officers to be tinder my supervision, direction and control and their appointments to continue during my pleasure, and they shall be paid such yearly salaries as set up opposite their names and in ac- cordance with the Budget approved by the City Council March 20th, 1936: : Superintendent of Water, John W. McEvoy ................$3,000.00 City Engineer, Walter H. Cttllent .................................. 2,700.00 Chief of Police Dept., Johu W. Giellis .............................. 2,700.00 Chief of Fire Dept., Wm. L. Ryan ..................:................... 2,475,00 City Auditor, Fred Crantert.. 2,200,OD City Treasurer, Otto F. Pnls 2,150.00 Building Commissioner, Carl F. Bartels .............................. 2,160.00 Electrical Inspector, Otto F. Bethke .................................. 1,770.00 Phunbing Inspector, George NIastet•s .:................................ 1,710.00 City Electrician, Joseph Cor- rell .......................................... 1,800.00 Superintendent of Streets, Thos. E. Byrnes ................ 2,400,00 Head G a t• a g e Mechanic, Clarence H. Briggs............ 1,800.00 Superintendent of Sewers, Connie Sullivan .................. 1,500,00 Health Officer, Dr. W. J. Cotinell .................................. 1,700.00 Weight Master, Charles Mc- Carthy :................................... 1,250,00 Sanitary Inspector, Joseph Scharry .................................. 1,300.00 Milk Inspector, V. F. Chap- man ........................................ 1,500.00 Restaurant Inspector, Mrs. A. Timmons ........................ 840.00 Recreational- Director, Car] Grabow .................................. 1,920.00 Police Matron, Miss Mary But•ke .................................... 1,080.00 Police Matron, Mrs. F. Lem• per .......................................... 1,080.00 With reference to the Superintend- ent of Playgrounds,, with the title in the Budget designated as "Recre•- ational Director", I beg to advise that the Recreation Commission met at 7:00 P. M. March 10th, accepted the t•esignationaof Mr. Syi. McCauley. and appointed Carl Grabow as Rec- re•~tional Director. Mr. GrabowtS term was designated- to start April 1, 1936, and the Recreation Commis- sion fixed his salary far the fiscal year 1936.37 at $1,920.00. Accord- ingly, Ihereby approve this appoint- ment and submit his name as an appointee of this department. Mr. Grabow will have charge of play- grounds, all rect•eational faci]ities and other duties of the City under my direction and control. All other employees of depart_ ments at present engaged therein, is accordance witty the approved 1936-7 P,udget, have been employed by me and will continue to work for the City under conditions of time and the rates of salary and wage provided for in the 1936.7 Budget. The approval of the City Council is requested on the above outlined ap- pointments, salaries and conditions of the employees to serve at the pleasure of the undersigned. Respectfully submitted, R. M. EVAN$ City Manager. Councilman Chalmers moved that the. communication of City Manager Evans be made a matter of record. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution No. 34-36 Be it resolved by the City Council of the City of Dubuque: That the appointment of officers and employees made by the City Manager and submitted to the City Council be and the samz are hereby approved, said officers and employ- ees to serve at the pleasure of the Manager and to be paid the salaries provided for in the Budget adopted by the City Council Match 20th, 1936. Passed, adapted and approved this Gth day of April, 1936. F. M, JAEGER, Mayor, JOHN K. CHALMERS, M. R, KANE, PETER SCHILTZ; A, M. BENNETT, Councihuen. Attest, J, J. SHEA, City Clerk. Councilman Chalmers moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the Following vote: Yeas-Mayot• Jaeger, Councilmen Bennett, Chalmers,. Kane, Schiltz. Nays-None, Resolution No. 35-36 Be it resolved by the City Council of the City of Dubuque: That the newspaper published in said City and known as the Tele• graph•Het•ald he and the same is het•eby designated and appointed the ofilcial newspaper of the City of Dubuque. 84 Regular Session, April 6th, 1936 Passed, adopted and approved this 6th day of April, 1936. • F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest. J. J. SHEA, City Clerk. Councihuan Chalmers moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 36-36 Be it resolved by the City Council of the City of Dubuque: That the following banks be ap• painted depositories of the City funds and the City Treasurer is here- by authorized to distribute such funds in such banks in amounts nrt to exceed the fallowing: Firat National Bank..........$175,000.00 American Trust & Savings Bank .................................. 150,000.00 Dubuque Bank & Trust Company ............................100,000.00 Bo it further resolved that the City Treasurer be and he is hereby directed to file with the County Treasurer of Dubuque County, Iowa; a list of such depositories and to keep such list on file with such County Treasurer at all times. Passed, adopted and approved this 6th day of April, 1936. F. M. JAEGER, iilayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, A. M. BENNETT, Councilmen. Attest. J. J. SHEA, City Clerk. Councilman Schiltz moved the ad• option of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, f ~ rncilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Claim of Mary Brueck in the amount of $500.00 for injuries re- ceived in falling on icy sidewalk at 2303 Jackson Street, presented and read. Conncilman Sciltz moved to re• fer the claim to the City Solicitor. i;cconded by Councilman Chalmers. Carried by the foilowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Claim of Carlton Conzett in the amount of $1,00.0.00 for injuries re- ceived in falling on icy sidewalk at 782 Julien Avenue, preserved and read. Councilman Schiltz moved to re- fer the claim to the City Solicitor. Seconded by Councilman Chalmers. Carried by the following note: Yeas-Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Continuation Certificate nn Bond of R. M. Evans, City Manarrer„pre- sented for approval. Conncilman Chalmers moved that the continuation certificate be ap• proved and placed on file. Second_ ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Young Ladies' Sodality atld Young Men's Catholic Club of St. Mary's Church requesting per- mission to place a canvass sign across Main Street,, between 6th and 7th Streets, during the week of April 15th and 22nd, presented and read. Councihuan Schiltz moved that the prayer- of the petition be granted. Secohded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of American Legion re• questing permission for the sale of poppies some time daring the month of May, presented and read. Councilman Schiltz -moved that the prayer of the petition be grant- ed. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schil~. Nays-None. Petition of Wage Earners request- ing one hour of daylight saving starting April 16th, 1936, and ending September- 15th, 1936, presented and read. Councilman Schiltz moved to re- fet• the petition to the City Council. Seconded by Conncilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of citiaena of the City of Dubuque requesting that the site of the Swimming Pool be changed from the Eagle Point Site to one more centrally located, preferably on the location of the present South Locust Street Playground, otherwise known as Rafferty Slorgh, presented and read. Councilman Schiltz moved to sus- pend the rules for the purpose aP allowing any one present in the Council Clamber, who wishes to do so, to address the Couucil. Second- Regular Session, April 6th, 1936 8~ ed by Conncilman Chalmers. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Attorney J. J. Kintzinget•, Messers. Wm. Holmberg, A. J. Hartig, Thos. Rafferty and Mrs. Loretta Powers addressed the Council requesting that the prayer of the petition be granted. Mr. B. A. Ruegnitz ad- dressed the Council objecting to the granting of the prayer of the peti- tion. Councilman Chalmers moved to re• fer the petition to the Planning and Zoning Commission for their consid- eration. Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of Oswald W. Holz re• questing a reduction in taxes on Lots 62, 32 and 33 of McDanie]'s Park Hill Addition, presented and red. Councilman Chalmers moved to re• fer the petition to the City Manager to ,pscertain what proposition Mr. Holz has to offer. Seconded by Coun• Gilman Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kaue, Schiltz. Nays-None. April 4, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that I have approved the followiug bonds and policies and desire to have your approval on same far filing:- Excavation George F. -Pinski, 485 West 8th Street. Tho Fidelity & Casualty Co. of N. Y. Signs Falkenhainer Drug Co., 109'1 Jul• ien Avenue. Policy No. GL 1508, Utilities Insurance ~~o. Sydney Haudenshield, 2170 Cen_ tral Avenue. Policy No. 20P 357, The Aetna Casualty & Surety Co. Beatrice Creamery Co.-Signs at the following locations: A. J. Shust• er, 1105 West 14th St.; Len Steiner Store, 2196 Delhi St.; Arthur H. Richman, 2119 Rhombet•g Ave.; Wm. Wagner Store, 1501 Rhomberg Ave.; Wm. Trimplet•, 1586 Delhi St. Pol- icy No. G. 8215259, Zuricl General Accident & Liability Ins. Qo. Charles K. Petrakis, 958 Central ~ Avenue. Policy No. L. 0. L. 1213, New Amsterdam Casualty Co. Louis Rotman, 301 Iowa Street. Policy No. 218516, Autoist Mutual Ins. Co. Firestone Service Stores, Inc., N. E. Cor. 7th and Bluff Streets. Policy No. LAG 1228, General Casualty Co. of America. Adam Zillig„ 1347 Central Avenue. Policy No. ILO 56543, Great Ameri- can Indemnity Co. Goodman's Inc., 704 plain Street. Pol- icy No. ILO 55534, Great American Indemnity Co. A. Gemz (Genz Stores), 1333 Cen• tral Avenue. Policy No. 12375, Em- ployei•s Mutual Casualty Co. F. Busch and P. Busse (Ideal Pas- try Shop), 537 Main Street. Policy No. ILO 56551, Great American In- demnity Co. Central Motor Co., 455 Central Avenue. Band No. 7233, Merchants Mutual Bonding Co. Dale Duncan, 155 West 11th Street. American Surety Co. of N. Y. Wm. H. Cleaver, 233 West 8th Street. Policy No. IGB 3222, Stan• dard Accident Ins. Co. Central Auto Parts & Wrecking Co., 646 Centt•a] Ave. Policy No, 211308, Etttployers Mutual Casualty Co. The Horne Supply Co., 1154 Iowa Stt•eet. Policy No. IMC 428; Stan- dard Accident Ins. Co. H. Trenkle Co., 1227 Central Ave. Policy No. IMC 481, Standard Acc^- dent Ins. Co. Jos. A. Enzler, 567 Main Street. Policy No. GL-86378-G, American Surety Co, of N. Y. Canfield Hotel, 4th and Central Ave. Policy No. IGB-3215, Standard Accident Ins. Co. George Miller, 35 West 4th Street. Policy No. 20 GL 834, Aetna Cas- ualty & Surety Co. Eisenegger's Restaurant, 11th and Iowa Street. Policy No. 20 GL 834, Aetna Casualty & Surety Co. Central Battery & Electric Co., 4th and Main Streets. Policy Nod OLT- 5223, Firemen's Fund Indemnity Co. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the bonds and policies be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following- vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 4, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: In connection with the two appointments made on city boards by the City Council on Fri. day, April 3,, 1936, please be advised as follows: Mt•. Bat•t Schmid agreed today to accept his appointment, as a mem- ber' of the Civil Service Commission, and to serve on said Commission i -i -; 86 r Session, April 6th, 1936 for six years, ot• to Match 31, 1942. Mr. Wm. A. Smith was also ad- vised today of his reappointment on the Board of Zoning Adjustment. Mr. Smith agreed also $o serve for a five year period, or to March 5, 1941, on this Zoning Adjustment Board. Respectfully submitted, R, M. EVANS, City Manager. Councilman Chalmers moved that the communication of City Manager Evans be made a matter of record, Seconded by Conncilntan Bennett. Carried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Beunett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council viewed an area for a requested new street light on April 4th, 1936 .This location is on Sunset Ridge, south of the end of Wartburg Place. A petition,, dated March 12, 193G, was made by Mr. Fred Kretschnter who has recently erected a home at 520 Sunset Ridge. The original owner of this sec• tion of lots, designated Sunset Ridge, installed .electric boulevard light standards and underground lighting conduits, prior to the pav ing of the road. The dtandards have not been used, but they are still erected and apparently can be operated. Mention was made that other homes were planned to be erected in this area shortly. Accordingly, the decision of the Council on April 4th, 1936, was that authority was granted to have one boulevard standard provided with a 250 C. P„ allaight globe and the same equr7ment to be then main- tained and operated by the Inter• state Power Company at a cost to the City of $30.00 per year, as is now the rate for such unit. The lo- cation of the standard, determined to be operated, is on the west side of Sunset Ridge, slightly south of Mr. Kretschmer's home. This stan- dard is approximately 550 feet south of the last present light near the southern end of Wartburg Place. Respectfully submitted, R. M. EVANS, City Manager. Gottncilman Schilta moved that the decision of the City Council be approved. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. April 6, 1936, To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: A request was re- ceived March 20, 1936, by the City Council and was referred to the Council regarding the yearly pay- merot of $50.00 from the City Water Department to the Dubuque Traffic Association At an informal meeting of the City Council, as held April 4th, the question was discussed as to the former yearly rate of $100.00 to the Dubuque Traffic Association. In 1935 this rate was reduced to $50.00, Accordingly, the City Council deter- mined and authorized that $50.00 be now paid from the Dubuque Water• Operating Fund to the Dubuque Traffic Association. Respectfully submitted, • R. M. EVANS, City Manager. Councilman Chalmers moved that the decision of the City Council be confirmed and that a warrant in the amount of $50.00 be ordered drawn front the Dubuque Water Operating Fund to the Dubuque Traffic e~sso• ciation, Seconded by Councilman Schiltz. Carried by 'the following vote: Yeas-Mayor Jaeger, Councilmen Beunett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The second request for the City Canncil to order the construction of a concrete sidewalk in front of three vacant lots on the east side of Queen Street, between Clinton Street and the end of Queen Street (ene black north of Clinton Street), was again discussed by the City Council on April 4th, 1936. The decision of the Council on April 4th was that,. since cindel•s had now been placed on this former mud- dy sidewalk space and had made it possible for walking and due to very slight use of said sidewallt space at this location, no concrete sidewalk was necessary to bey installed at present in front of Lots 7, 8 and 9 Mettel's Sub. , Accordingly, this petition was de• nied, Respectfully submitted, R. M. EVANS, City Managet•. Councilman Chalmers moved that the decision of the City Council be confirmed. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Regular Session, April 6th, 1936 8y April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A bad condition of street lighting servico was present- ed to the City Council ou March 24th, .1936, by a petition of local residents. The Council inspected this location, viz. at Bt•adley and Dunning Streets, on April 4th. This section of the Bradley paved Street includes two blocks. They only present light on the portion of Brad• ley Street is at the south end of the same, or at the Randal] Street intersection. From the intersection of Bradley and Dunning Streets the pr•esont 250 C. P. all-night boule- vard light on Grandview Avenue, near thti Dunning Street intersection,, is north of the intersection and trees on Dunning Street interfere some- what with ]igIiting service to Brad- ley Street. Accordingly, due to the present families living on the west side of Bradley Street, north of Dunning Street, and also families on the east side of Bradley Street, south of Dun• ning Street, and another family liv- ing on Dunning Street, near Bradley Street, the City Council determined and authorized the installation of an overhead all-night 250 C. P, lamp at the yearly rate of $35.00. A pres- ent pole at the northeast intersec• tion of Bradley and Denning Streets can be used fm• supporting a light bracket for this light. Respectfully submitted, R. M. EVANS, City -Ianager. Councilman Kane moved that the decision of the City Canncil be con• firmed, Seconded by Councilman ' ~ Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers,, Kane, Schiltz. Nays-None. April 6, 193G. To the Honm•able Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council con• sidered on April 4th two separate petitions, as filed February 23th and March 2nd, 1936, requesting a new, local bus service nn the entire length of Kaufmann Avenue. It was realized that Kaufmann ~ Avenue is lightly populated; that busses would have to leave the city and pass over a mile or so of co~e~ ty, secondary and non-paved roads, ' according to the petitions. A letter was received from Mr. Chas. Dove of the Interstate Powet• Company advising that btts service on Kauf- mane Avenue now could not pos- sibly be self-supporting. Accordingly, it was the decision of the City Council on April 4th, 1936, that at present no possible bus ser- vice on Kaufmann Avenue from Cen• tral Avenue to the end, at the west city line, could be provided. Respectfully submitted, R. M. EVANS, City Managet•. Councilman Chalmers moved that the decision of the City Council be confirmed. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6tlt, 1936. To the Ionorable Maym• and City Council, Dubuque, Iowa. Gentlemen: On February 24th, 1936, a petition was received by the City Council from the Cosley Bot• tling Company of Dubuque, Towa, re• questing that agaid during 1936 the Cosley Bottling Company be given the exclusive right to operate and sell at the City Ball Park soda wa• ter, popcorn, ice cream, gum, cigars, candy, etc., during any sand all games or exhibitions held at this site. The fee that the City of Dubuque shall receive is to be 10% of all gross revenue collected from such sales. Arrother portion of this same peti- tion included the request for the Cosley Bottling Company to liave exclusive right to sell the same,pre- ducts, as above mentioned, on the parking space, including city owned land west of the ball park. The decision on this question was determined by the City Council at an informal meeting held Saturday, April 4th, 1936, as fellows: (1) That for the year- 1936 the Cosley Bottling Company was auth• orized to sell soda water, cigars, candy, etc., at the Ball Park, as in the past two years. (2) That the Cosley Bottling Com• pony is required to secure from the local Coca-Cola firm, available coca- cola and that coca•cola is to be pre• sented anti sold. 114x. Ray Cosley was interviewed April 4th on this coca-cola question by Councilman F. M. Jaeger and Mr, Cosley agreed to secure coca•cola and sell the same at any and all times that his other products were soldr The 10% of gross revenue re• ceived from all products sold ryas also agreed upon, bath by the City Council and Mr. Ray Cosley, as the fee to the City. The Council denied the additional request from the Cosley Bottling Company for the exclusive right to n 88 Regular Session, April 6th, 1936 sell the same products on the parlt- ing space west of the Ball Park. Respectfully submitted, R. M. EVANS, City Managet•. Councilman Chalmers moved that the decision of the City Council be confirmed. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Maym• Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A study of traiCrc sig- nals in Dubuque was made by the City Council on April 4th, 1936. Con- sideration was also given to the request from the Bus Drivers, filed January 13th, 1936, for the installa- tion of a new, 4~ngled traffic signal to be located at 22nd Street and Central Avenue. It was determined by the Council on April 41+h, since the cost of even one additional traffic signal, as to initial purchase, installation, elec- tricity cost and maintenance for one year, would cost 'approximately $500.00, that it was not possible at present to authorize the purchase and operation of a new signal at this location. Accordingly, the petition filed vas, at ]east temporarily, denied. Respectfully submitted, R, M. EVANS, City Manager. Councilman Schiltz moved that the decision of the City Council be confirmed. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To tle Hottnrable Mayor and City Council, Dubuque, Iowa. Gentlemen: The City Council on 'April 4th, 1936, considered the peti- tion filed in October, 1935, for the installation of a new street light on Curtis Street between State Street and South Hill street. Investigation on April 4th deter- mined that at present there are two large, 600 C. P, lights on Curtis Street at both the State and South Hill Street intersections. These pres• ent street lights are approximately 525 feet apart. No additional inter- mediate light can be provided in this short distance as determined by the City Council Apt•il 4th, 1936. Accordingly, the Petition was denied. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the decision of the City Council be confirmed. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6; 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: At the informal meet- ing of the City Council Apt•il 4th, 1936, after viewing the site, the Council approved and authorized the request submitted by Mr. Emil H. Rausch of Wartburg Seminary on December 2nd, 1935, to have the present 600 C. P, overhead street light, now located on Wartburg Place near the southern edge of the Wartburg Seminary, changed as to location. The request was that the present light be moved two poles north an Wartburg Place. It was determined by the Council that this change in location would be advantageous to this Seminary and would not intet•- fere with traffic conditions on Wart- burg Place as no curves, or inter- sections now exist between the next light to the north, at Fremont Ave- nue and the light south of the light to be moved, near Lull Street. Accordingly, the Council author- ized the Clty Manager to instruct the Interstate Powet• Company tc move the present light two poles north. The cost of moving is to be paid by the Power Company, as per the City light agreement. Respectfully submitted, R. M, EVANS, City Manager. Councilman Bennett moved that the decision of the City Council be confirmed. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Regarding the attach- ed bill from Mr. George Kennelly amounting to $269.85 for his replac- ing the broken and badly damaged street boulevard light post and transformer at 9th Street and Cen- tral Avenue, the decision of the City Council on April 4th, 1936, was that said invoice was to be referred to the City Solicitor. The City Solic• itor is also requested to attempt to Rer;ular Session, April 6th, 1936 89 obtain the entire amount of this damage cast from the person, firm m• insurance company responsible for this accident and pay the same to Mr. Kennelly for service rendered as to replacement. Respectfully submitted, R. M. EVANS, City Manager. City Solicitor Czizek recommend- ed that the bill of George Kennelly be paid and a warrant drawn in the amount of $269.85 ~iu favor of George Kennelly for the replacing of the damaged street boulevard light post. Councilman Bennett moved that the decision of the City Council be confirmed and the recommendation of City Solicitor Czizelt be approved and that a warrant in the mount of $269.85 be ordered drawn in favor of George Kennelly and that the matter of the collection of damages be referred to the City Solicitor. Seconded by Councilman Chalmers. Carried by the following• vote: Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: The decision of the City Council at an informal meeting held April 4th, 1936, was that, inas- much as at least two gentlemen had made inquiries for the rental of the Dubuque Ball Park for wrestling matches in 1936, sealed bids for the use of the Ball Parlt far wrestling must now be received by the City Council. The condition of presenting these sealed bids is that all bids. must be filed by May 4th, 1936. Each bidder shall agree to pay for the cost of the electric lighting and provide at least two police officers at each ~vrestlittg match. The bidder shall state his offer in dollars for the use of the Ball Park for each evening. He shall state the minimum number of evenings to be used fm• wrestling in 1936. He shall state the particular night, per weelt, of his entire schedule. A bond, or cash de- posit, equal to 100% of the entire 1936 night rental use of the Ball Park, shall so be required. The final award for the service of using the Ball Park in 1936 far wrestling shall be made by the City Council. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the decision of the City Council be confirmed. Seconded by Councilman Schiltz. Carried by the fallowing vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmet•s,'Kane, Schiltz, Nays-None. April 6, 1936. 1b the Honorable Dlayor and City Council, Dubuque, Iowa. Gentlemen: The City C o u n c i l viewed the site of a requested new street light on April 4th, viz. at Mont Crest and Woodward Streets. This request was from a number of residents in this section as filed October 7th, 1935. No present street light is located on Mont Crest Street. It was deter- mined that a street light would be of advantage at the requested site, also that this proposed light would be of service to traffic and pedes- trians ou Mont Crest Street west of Woodward Street, where a steep slope extends to Abbott Street. At Abbott and Mont Crest intersection there is no present light. The authorization by the Council ryas that one new' 250 C. P, over- head all-night street light be in- stalled at Mont Crest and Wood- ward Streets at the yearly cost of $35.00. The light can be installed from 'a bracltet to be attached to a present pale ou the southwest cor- ner of this intersection. Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the decision of the City Council be confirmed. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Saeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6, 1936. To the Honorable 14layor and City Council, Dubuque, Iowa. Gentlemen: This is to advise that at an informal meeting April 4th, 1936, in connection with 'the petition filed September 25th, 1935, request- ing the purchase of the Nick Welbes field for a playground site, the City Council determined as follows: That this location was outside the city limits; that a special election would be necessary to have bonds approved to purchase said side; that during the last two yoars an agree- ment had been made with Mr. Welbes for the rental of the portion of his ]and used for baseball, sltat- ing, etc. The past rental basis was $100.00 per year. For the next 12 months the City Council agreed to rent this portion of the Welbes tract far $100.00•. i11r. Nick Welbes was interviewed April 5th by the City Manager per- taining to this decision of the City Council. Mr. Welbes agreed again J 90 Regular Session, April 6th, 1936 to rent the same portion of his land for $100.00 per year. Tt is suggested that after the ap- proval of this agrement by the City Council that the question be t•e• ferred to the Recreation Commis, sion, as in the past years; that a written agreement be prepared and executed by the authority of the Re• creation Commission to be signed by the Recreational Director and the City Manager. The $100.00 rental fee is to be paid on the basis of $50.00 in April 'and $50.00 six months later, The entire fee is to be charged to the Recreational Department budget for 1936-7. Respectfully submitted, R, M, EVANS, City Manager. Councilman Bennett moved that the decision of the City Council be confirmed. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. April 6, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa, Gentlemen: A request was re• ceived from the Consumers Coal and Supply Company on October 7th, 1935, for the right to erect a tem- porary platform abont 16 feet in length across the west portion of Salina Street, south of Railroad Street. This question was referred to the City Council. On April 4th, 1936, the City Council viewed this site and discussed the request with Mr. L. W. Schaller, Manager of the Con- sumers Coal and Supply Co. The following authorization was made by the Council April 4th, 1936. That the Consumers Coal and Sup• ply Company were given ,a tempor• ary tight to provide and install a concrete pier parallel and approxim- ately five feet west of the railroad switch on Salina Street, This pier is to provide for the occasional use of platform extending from the main building to near the railroad siding for purpose of loading and unload- ing cars of material, The pier shall have on both the north and south sides a warning signal including a i•efiector. The west side of Salina Street, west of the railroad siding, is not, used by any other individual or com• pony, except the petitioner. Diver- sion can be made in the traffic from the petitioner's coal yat•d by a pres• ent road west of his building. Permission granted by the City Council i;or the Consumers Ceal & Supply Co, to occupy a portion of Salina Street is subject to revoca- tion at any time that the City Coun• cil shall request, or demand, the re- moval of said structure from this street. A secondary request was made by the Consumers Coal and Supply Company on April 4th to attempt to have removed a present light pale now interfering with their truck traffic. This pole is in line with the west curb line of Salina Street and about 2D feet south from the .south line of Railroad Street. Considera- tion of the change of location of this pole has been made by the Inter state Power Company officials. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the decision of the City Council, as modified, be confirmed. Seconded by Councilman Bennett, Carried by the following vote, ' Yeas-Mayor Jaeger, Councilmen Sennett, Chalmers, Kane, Schiltz, Nays-None. April 6th, 1936, To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: Information was t•e• ceived Saturday, April 4th, from Mr. Jacl: Boyle of the Johnson High Test Oil Company, requesting to withdraw the petition as submitted to the Council by him on March 20th, 1936, for the right to install a railroad switch across city owned lots, designated 10 and 11 Industrial Sub. No. 2. The request also in- cluded the right to install this switch on the 20•foot alley not•th of East Fourth Street for the purpose of providing freight service to anew lumber project to be located on prop, et•ty owned by the Johnson Oil Com- pany, including Lots 12, 13, 14 and 15 of Industrial Sub. ATo. 2. Accordingly, no approval by the Council on April 4th, 1936, an this question was necessary. This re- quest can be received and filed. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the request of the Johnsmr High Test Oil Company be received and filed, Seconded by Councilman Schiltz, Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. April 6th, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen: A consideration was made by the Council Apnil 4th re• garding the verbal requests to have the paving assessments reduced as Regular Session, April 6th, 1936 91 levied against certain properties (owned by ladies) for the paving of Roosevelt Street, A petition was pre• sented to the Council on March 31, 1936, signed by twelve ladies in re• Bard to this same matter. This was referred to the Council on March 31st. At an informal Council meeting held Saturday, April 4th, 1936, the City Council determined that 30%o of the total paving costs of the 1934 Roosevelt Street improvement was furnished by the Federal Govern- ment through the P. W. A. Admin- istration; also that in many cases the City of Dubuque had provided original and even revised reductions prior to now. The total casts actual- ly assessed to all property owners on this project is now approximate- ly 50% of the original costs paid to the contractor. $23,436.96 was paid to the contractor and now only $11,824.92 is assessed to all owners, On April 4th the writer was in- structed by the City Council to make a definite examination and state- ment, Accordingly, please find a list of al] names on the petition as filed March 31st, 1936. Included are the number of tracts assessed to each lady. The next column"represents 100% of the original paving cost to each tract. Following columns show the 30% grant paid by the P. W. A• and reductions made already by the City of Dubuque. The present net total cost assessed to each property is itemized. Last, the percentage of each actual assessment, as to the original cost, is calculated. As you will note, ten of these sep- arate tracts included no reduction made by the City. To the individual Property owners the total reductions all ranged from 30%, including the P, W. A, grant, to the maximum of G3.G1%. Respectfully submitted, R. iVI. EVANS, City Manager. Councilman Chalmers moved that the prayer of the petiticn be denied. Seconded by Councilman Schiltz, Carried by the following vote: Peas-Mayor Jaeger, Councilmen Bennett, Clalmers, Kane, Schiltz. Nays-None. Resolution No. 37-36. Whereas, application for Class "B" Beer Permit has been submitted to this Couuci] for approval and tho same has been examined: Now, Therefore, Be It Resolved by the Council of the City of Dubuque that the follow- ing application be and the same is hereby approved, and it is ordered that the premises to be occupied by such applicant shall be forthwith inspected: Class "B" Permit John Eilers sand John Murphy, 1500 Central Avenue. Passed, adopted and approved this 6th day of April, 1936. F. M. JAEGER, Mayor, JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, A, M. BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk, Councilman Bennett moved the adoption of the resolution. Second- ed by Councilman Schiltz. Carried by the following vote: Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution N'o• 38-36. Whereas, heretofore application was filed by the within named appli- cant for Beer Permit and has re• ceived the approval of this Council; and Whereas, the premises to be occu• pied by him have been inspected and found to comply with the ordin• antes of this City and he has filed a proper band: 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 per, son a Beer Permit; Class "B" Permit Jahn Eilers and John Murphy, 1500 Central Avenue. Be It Further Resolved that the bond filed by such applicant be and the same is hereby approved. Passed, adopted and approved this 6th day of April, 1936. F, M. JAEGER, Mayor. JOHN K, CHALMERS, M. R, KANE, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J, J. SHEA, City Clerk, Councilman Schiltz moved the ad• option of the resolutions. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councihuen Bennett, Chalmers, Kane, Schiltz, Nays-None. Annual report of City Solicitor Czizek for the fiscal year 1935 pre- sented. Councilman I{sue moved that the report be received and placed ou file and that the City Solicitor be com• 92 Special Session, April 13th, 1936 mended for services rendered. Sec- onded by Councilman Chalmers. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the personal injury claim of Dor- othy Diamond in the amount of $300,00 and that a warrant in said amount be ordered drawn in favor of Gilloon & Glenn, Attorneys, as settlement in full of said claim. Councilman Schiltz moved that the recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $300.00 be or_ dered drativn in favor of Gilloon and Glenn, attorneys, as settlement in full of the personal injury claim of Dorothy Diamond. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. There being no further business, Councilman Kane moved to adjourn. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J. J. SHEA, City Clerlt. ~i~ Approved ......................................1936. Adopted ........................................1936. Councilmen ; ....................................... Atteet : .................................................. City Clerk. CITY ~COUNCII (Official) Special Session, April 13th, 1936. Council met at 7:50 P. M. Present-Mayor Jaeger, Council- men Bennett, Chalmors, Kane, Schiltz, City Manager Evans. Meeting called by order of Coun- cilman Kane and Chalmers. Mayor Jaeger read the call and stated that service thereof had been duly made and that this meeting is called for the Purpose of consider- ing the report submitted by the Planning and Zoning Commission relative to the site for the building of the Sw~intming Pool and acting on any other business as may properly come before a regular meeting of the City Council. April 8th, 1936. To the Honorable .Mayor sand City Council, Dubuque, Iowa, Gentlemen: Tho City Planning and Zoning Commission has received your communication irr regard to the petition presented to you by a con• siderable number of citizens in which it is set- forth that the site an which the Swimming Pool is to be constructed by the City of Du• buque under a WPA.grant is not a suitable one, and that a site more centrally located would meet with more general approval, It seems to your Commission that the best way to reply to your letter in regard to this matter is to review the various activities entered into by the various municipal departments in regard to the Swimming Pool project. Preliminary to these statements it should be stated very plainly that- (1) No provision for the purchase of land was included yin any PWA or WPA proposal. Governmental agencies which were to furnish funds for self-liquidating projects specified that these projects would either be constructed on City prop- erty er on property which would be purchased by private individuals and donated by them to the City to be used for the specific purposes set forth in the proposal. (2) The various municipal bodies referred to above were at no time offered any lands or building sites by private individuals. The activities of these bodies, therefore, were entirely occupied. with surveys of various City owned properties which might prove suit- able for the erection of a Swimming Pool. (3) The City Planning and Zoning Commission has, under the statutes, no authority to select sites for any Special Session, tlpril 13th, 1936 93 kind of public projects. It has only the authority- to approve sites. The City Planning and Zoning Commis- sion, therefore, assumed from the beginning that the selection of sites would of necessity have to be made by the City Council, the Park Com• mission, or the Recreation Commis- sion. This policy was pm•sued up to the time that approval was sought and given for various projects. (4) One of the outstanding sur- veys made by John Nolen in prepar- ing the City Plan consisted of an analysis of lands suitable for indus- trial purposes which would be re• quired during the future growth of this City. This industrial survey in- dicated mast forcibly the scarcity of tracts of sufficient extent to accom- modate factories of large size. The largest tract available was the un- occupied western section of what is known as "Rafferty Slough Fill," An- other site, only partly available, then only at the cost of considerable filling, was Ham's Island, Feeling that it was its duty to conserve such industrial sites with- in the city limits, the Planning and Zoning Commission proceeded to zone both these large areas as Hea- vy Industrial Districts. The wisdom of this action has never been ques• tinned, and it is to perpetuate this established policy, that the Comm~is• lion persistently wishes to avoid en• croachment of projects which may properly be located elsewhere. The City Council, the Dubuque Shippers' Association, the Upper Mississippi River Waterways Assoc- iation, and the Chamber of Ccm- merce havo been working assiduoas- ]y for many years in an endeavor to insure the future industrial growth of the City of Dubuque by improving the transportation facil- ities in this section with special ref- erence to carrying products of both farm and factory to distant markets at the lower rates which prevail on boats and barges. Tho end of the labors of these committees is now in sight; the nine•foot channel is assured. The City Planning and Zoning Commission has felt that it must co• operate to the limit with all the agencies mentioned in order that Dubuque may be prepared to meet the industrial situation which should, and we hope, will develop. Land must be available when factories send representatives to Dubuque to inspect sites. With this historical background ]et us now proceed to state exactly what part the City Planning and Zoning Commission has played in the selection and approval of the Swimming Pool site. (1) The City Council, without consulting the City Planning and Zoning Commission, approved selec- tion of,a site far the Pool south of Railroad Avenue on what is known as the Rafferty Slough project. The City Planning and Zoning Commission withheld its approval of this project for the reasons stated above, namely, that it would be an invasion of the district which had been zoned for heavy industrial uses. The City Planning and Zoning Com• mission suggested that other sites be offered for pits approval, (2) The approval of the City Planning and Zoning Commission was then sought fot• the site known as Grandview Parlc, and the appro- val was immediately forthcoming. The cost of a pool in this site was higher than usual, and the Govern- ment denied the applicatien for an appropriation of close to $100,000.00. (3) Other sites were then sought throughout the City, all of the sites on lands owned by the City of Du• buque comprising chiefly school and park properties. No effort, as far as we can remember, was made to per- suade individuals to purchase land in what are now described as "more suitable or more central locations" and to deed it to the City fot• Swim• wing Pool purposes. No proposals resulting from these investigations were ever presented to the City Planning and Zoning Commission. (4) Finally a proposal ryas again made to the City Planning and Zon- ing Commission concerning a new site at Rafferty Slough, namely, north of Railroad Avenue, it being stated that the site which had orig- inally been approved by the City Council and Recreation Commission was not large enough far the pro- posed Paol (the first site, south of Railroad Avenue). A study of the site north of Rail- road Avenue was then made by the City Planning and Zoning Commis• sion and approval withheld because a pool here might seriously curtail the future industrial growth of this City. Investigation also disclosed the fact that this Rafferty Slough prop- erty was originally filled by order of the City Council to create in the City of Dubuque new property for industrial development. The Raffer- ty Slough Fill was the direct out- come of the need for industrial sites. The Council then proceeded to covenant in the bonds +vhich pro- vided the funds with which to fill Rafferty Slough that this was an industrial site project. That being the case, it seems very clear that if the site were chosen by the Re• 94 Session, April 13th, 1936 creation Commission and the Coun- cil, and approved by the City Plan- ning and Zoning Commission, an in- junction would probably isspe and the matter be held up in the Courts for 'a long period of time, the ulti- mate decision probably being against the location of the Pool on a site that had bedn acquired for in• dustrial uses only. In any event the matter might be in the Courts so long that the Government would withdraw its approval of the Pool project. The City Planning and Zoning Commission expressed its disappro• val of this location for the reasons stated. (5) The next location that was placed before us was at Eagle Point near the site of the old bathing structures which are still standing. The approval of this site was imme• diately granted by the Commission, (6) Again let it be made clear that while different committees worked on the Pool Project for many weeks, uo other "more central" or "mare suitable location" was ever presented to the City Planning and Zoning Commission for its approval, Reasons for the Approval of the Eagle Point Site The site at Eagle Point is located on City owned property. A very large tract of land is needed for the Pool. The plans indicate that the over-all length of the Pool is in the neighborhood of 600 feet, or two and one-half city blocks. The site pro- vides sufficient ]and for the Pool, for the approaches, for roads and parking spaces, and for a beautiful river front park equipped with docks and anchorages for small boats and providing unusual facilities for aqua- tic sports. The cost of supplying water to a pool is lowest at this site due to the close proximity to the main City Pumping Station. Incidentally, this question of construction cost devel• oiled to be a most serious one as evidenced by the fact that the Gov- ernment tuned down more elabor- ate pool plans 'as not being within reason for aself-liquidating project. Many citizens perhaps do not know that in obtaining the final Govern- ment appropriation for the pool, a condition of the grant required that Dubuque citizens subscribe far $5,000.00 worth of the bonds to make the project possible. Citizens in all parts of the City invested in these bonds with the Eagle Point site spec- ified. As far as we know, these citi- zens accepted the proposed site and at least should be consulted before any radical changes of plans are contemplated. It pis suggested by the City Plan• ning and Zoning Commission that this site offers the people of the City of Dubuque the only possible opportunity fora River Front Park. The fact is also stressed that Du- buque is the only city of any import- ance along the river that does not have a river front park, and that to be without a river front park after completion of the n~ine•foot channel would stigmatize Dubuquo as a very unprogressive and backward City. The City Planning and Zoning Commission reminds the City Coun• Gil that this whole area has already been set aside as a public reserva- tion or park and is so designated on the Master Plan, Furthermore, the United States Government plans to create a beau- tiful reservation on the sit of its ]oclcs and dams which lie beneath the bluffs at Eagle Point. A sea wall already leads to that reservation. The WPA now proposes to throw a bridge across Peosta Slough in the neighborhood of 16th Street and to extend a sea wall along the east side of Ham's Island. If these pro- jects are carried out, there will then be a City Drive from 16th Street across Ham's Island, skirting the river, crossing to the mainland at the upper end of the island at Haw• thorne Street, then passing in front of the prroposed Pool and river front park and extending to the lochs and dams. In the near neighborhood, al- though not adjacent to this River Front Project, is Eagle Point Park whfch now draws thousands of peo- ple annually during the summer sea, son. The combination of Eagle Point Fork, the locks and dams, the Pool, the River Drive, and Ham's Island, which later will be developed, cif plans do not go amiss, will Provide such a variety of recreational facil- ities that the question as to whether the Swimming Pool is centrally lo• Gated or not does not seem to be the controlling factor. The important thing is to find something beautiful and interesting when you get there, 'and the river after all is the most outstanding attraction which we have to offer visitors. Those citizens who feel that the Pool should be located in a spot ad- jacent to a large Portion of our population will, we believe, upon more mature consideration enthus- iastically approve of the very inter- esting developments which are in process of being carried out in the Eagle Point Section and of which the Swimming Pqol is but a part. The City Planning and Zoning Conm~ission can see no reason why Session, April 13th, 1936 9S it should withdraw its approval of the Eagle Point site. Respectfully submitted, DUBUQUE PLANNING AND ZONING COMMISSION. By R• V. McKay, Secretary. Councilman Chalmers moved that the communication of the Planning and Zoning Commission be made a matter of record. Seconded by Coun- cilman Schiltz. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Petition of John W. Cot•pstein et al, requesting the City Council to proceed at the earliest possible date with tho construction of the Swim- ming Pool at the Eagle Point Site, presented and read. Councilman Chalmers moved that the petition be approved. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Maym• Jaeger, Councilmen Chalmers, Kane, Schiltz. Nays-Councilman Bennett. Councilman Chalmers moved that the petition of the citizens of the City of Dubuque, requesting that the site of the Swimming Pool be changed from the Eagle Point Site to one more centrally located, pre- ferably on the location of the pres- ent South Locust Street Playground, otherwise known as Rafferty Slough, be denied, Seconded by Councilman Schiltz• Carried by the following vote: Yeas--Mayor Jaeger, Councilmen Chalmers, Jaeger, Schiltz• Nays-Councilman Bennett, April 13, 1936• To the Honorable Mayor and City Council, Dubuque, Iowa. Gentlemen:- Petition of George Rettenmaier The matter of this petition which was referred back to the Planning and Zoning Commission by your ac• tion of April 4, 1936, fm' further con- sideration, was discussed at length at the recent monthly meeting of the Planning and Zoning Commis- sion and the unanimous action of our body `ryas again to recommend to City Council the disallowance of said petition, The reasons, as pre, viously set out iu our letter of July it 8, still holds. Furthermore, the Com• mission wishes to stress the lack of sound justification for the suggest- ed change from the standpoint of future planning and zoning prin• ciples, An. encroachment here will justify other encroachments on the plan, eventually resulting in a gen• oral breakdown. All efforts in this attractive residential district should be toward fulfillment of the Mastet• Plan, by the gradual elimination of all non-residential structures as time goes on, rather than away from the plan. Respectfully yours, R. V. McKay, Secretary, Planning and Zoning Cammissicrr. Councilman Chalmers moved that the communication of the Planning and Zoning Commission be made a matter of record. Seconded by Coun- cilman Schiltz, Carried by the fol• lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, April 13, 1936. To the Honorable Mayor and City Council, Dubuque, Iowa. Crentlemen:- Petition of Parties Objecting to Closing of Tw8lfth Street This petition which was referred to the Planning and Zoning Commis- sion by your action of April 4, 1936, was given consideration at the April 7th meeting of the Planning and Zoning Commission. This project or- iginated with the School Board which body presented it to the Plan- ning and Zoning Commission on Jan- uary 3rd, at which time it was ap• proved principally from the stand, point of safety of school children. It was our understanding that the School Board would later present the matter to the City Council with a request for consideration and ap• proval of your body, This we mrder- stand was not done. In view of the present status of•this matter, the Planning and Zoning Commission voted unanimously to withdraw its approval of the project as well as its previous recommendations to the City Council in which favorable ac• Lion. on your part was suggested. Respectfully yours, R• V. McKay, Secretary, Councilman Bennett moved that the communication of the Planning and Zoning Commission be made a matter of record. Seconded by Coun• Gilman Schiltz• Carried by the fol- lowing vote: Yeas--Mayor Jaeger, Councilmen Bennett, Chalmers, I{one, Schiltz. Nays-None. State of Iowa, Office of State Comptroller, Des Moines, Iowa, April 8th, 1936. Mr. R. M. Evans, City Manager, Dubuque, Iowa. Dear Mr• Evans: Complying with your request of 96 Special Session, April 13th, 1936 the sixth instant, we hereby approve an extension of time to December 31, 1936, to provide far the final pay- ment from your Library Building Futtd to the Water Fund. We ask that you kindly notify us at the time this return is made. , Yours very truly, C. B, Murtagh, Stato Comptroller. Councilman Schiltz moved that the communication of State Comp- troller Murtagh be made a matter of record, Seconded by Councilman Chalmers. Carried by the following S~Ote: Yeas-Mayor Jaeger, Councilmen Beunett, Chalmers, Kane, Schiltz. Nays-None. Communication of S1t^ain's Service Exchange Amusements stating that they at•e desirous of securing a week in either May or July for the hold- ing of the Bremer Midway Attrac- tion Company, presented and read. Councilman Kane moved to re- ceive and file the communication. Seconded by Councilman Schiltz. Carried by the following vote: Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Communication of 0. A, Reynolds, Secretary of Dubuque Chamber of Commerce, stating that at a 13igh- tvay Committee meeting held at the Chamber of Commerce that a mo- tion was adopted that a joint com- mittee be appointed to confer with the Highway Commission yin an effort to secure the paving of West Locust Street section of Highway No. 20, presented and read. Councilman Kane moved that the entire Council be appointed to con- fer with the Highway Committee of the Chamber of Commerce on this matter. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Ernest J. Bohn, Chairman, Housing and Slum Clear- ance Committee of the City Council of Cleveland, Ohio, requesting that the City Ceuncil of Dubuque adopt a resolution requesting the Congress of the United States ~to enact the Wagner-Ellenbogen bill, presented and read. Councilman Kane moved to re- ceive and file the communication. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Communication of Wm. A. Haller, making application for the position of sidewalk inspector, presented and read. Councilman Bennett moved to re• ceive and file the communication, Seconded by Councilman Chalmers, Carried by the fallowing vote; Yeas-Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Petition of James Slack request- ing permission to pay the principal of the special assessments, plus 6% interest from March 31st, 1935, but without penalty on or before May 1st, levied against the South half of City Lot 532, North 24, feet of City Lot 532A and West half of Lot 2A and North 24 feet of Lot 3 of 1 of Dubuque Harber Cn. Addition, pre- sented and read. Councilman Chalmers moved to refer the petition to the City Engi- neer to take up the matter with the petitioner and explain the situation to him, Seconded by Councilman Schiltz. Carried by the following. vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kaue, Schiltz. Nays-None, Petition of The Salvation Army requesting permission to hold a tag day on April 2Eth, 1936, presented and read. Councilman Schiltz moved that the prayer of the petition be grant- ed. Seconded by Councilman Ben- nett. Carried by the following vote: Yeas-Mayor Jaegel•, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Bond of M. H. Czizelt, City Solic- itor, in the amount of $1,000.00, pre- sented for approval. Councilman Chalmers moved that the bond be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote; Peas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Bond of Charles T. Landon, Park Commissioner, in the amount of $1,000.00 presented for approval, Councilman Chalmers moved that the bond be approved and placed on file. Seconded by Councilman Schiltz, Carried by the following vete: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Bond of Waldo Adams, Park Com- missioner, in the amount of $1,000,00 presented far approval. Councilman Chalmers moved that the bond be approved and placed on file. Seconded by Councilman Schiltz. Carried by the following vote r ecial Sessipti, April 13th, 1936 97 Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Naye-None. Petition of Matilda M. Dell, re- ferred to the City Council by the Board of Supervisot•s, requesting the suspension of the 1935 taxes on South 2S feet of M. 1.5 of City Lot 45, the south 10 feet of Lot 6 of Mat•sh's Addition, Lot 7 of Marsh's Addition artd Lot 2 Sub, 1 of 1 of 2 of Min. Lot 310, presented and read, Councilman Schiltz moved to refer the petition to the City Solicitm• for investigation and report, Seconded by Councilman Bennett, Carried by the following vote: Yeas=Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, . Nays-None. Proof of publication, certified to by the publishers, of the list of claims far which warrants were drawn during the month of Feb• rnary, 1936, presented and read. Councilman Schiltz moved to re- ceive and file the proof of publica- tion. Seconded by Councilman Chal- mers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, I{one, Schiltz. Nays-None. Petition of J. L. Meyer et al., resi- dents and taxpayers, requesting the installation of a Stop and Go signal at the intersection of Eighth and Central Avenues, Arosented and. read. Councilman Kane moved to refer the petition to the City Council. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Concession Agreement This Agreement is hereby entered into between the CITY OF DU- BUQUE, IOWA, as Owher, and MR, RAY J. COSLEY, as Concession- naire, for selling pap, ice cream, popcoty, candy, cigars, gum, etc, at the Municipal Athletic Field for the outdoor summer and fall seasons of 1936, upon the following terms, to-wit: It is Agreed: First: Said Ray J. Cosley shall have the' exclusive right to sell pop, popcorn, ice cream,, candy, cigars, gum, etc, at the Municipal Athletic Field far the outdoor summer and fall seasons of 1936. Mr, Ray J. Cosley shall also provide for the sale of coca-cola, to be secured from the local coca-cola dealer, and shall offer and sell the same ender sim- ilar conditions as of other products mentioned. Second: Said Ray J. Cosley shall keep records of the gross sale of each day and evening at which soft drinks, candy etc. are sold and shall submit to the City of Dubuque, Iowa, a monthly report showing the amount of gross sales of each date of the month and shall pay month- ly to the City of Dubuque ten (10%1 per cent of the total gross sales by check or cash. Third: This concession agreement shall be considered as personal and shall not be transferred, assigned ar sublet by the concession Lessee, Fourth: This agreement has been submitted to and .approved by the City Council, as of April 13, 1930; and the City Manager authorized to execute the same. Dated at Dubuque, Iowa, this.......... day of ........................... 1936, CITY OF DUBUQUE, IOWA, Witness; ..By ................................................ City Manager, BY ................................................ Concessionnaire. Councilman Kane moved that the Fmm of Agreement be approved and the City Manager authorized to exe- cute the same on behalf of the City of Dubuque, Seconded by Council- man Schiltz. Carried by the follow, ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays--None. Communication of C. F. Bartels, Building Commissioner, stating that a request has come to his office from Mr. John Fishbach for a permit to coustrnct a two story frame addition to a frame store and residence at 1260 Washington Street for 11Ir. Richard Rink, presented and read. Councilman Kane moved, that the request be approved and the Build- ing Commissioner to be instructed to issue a permit covering the re- quest. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Benuett, Chalmers, Kane, Schiltz. Nays-None. April 7, 1936. To the Honm•able Mayor and City Council, Dubuque, Iowa. Gentlemen: A verbal request was made to the writer by Mr. Fred J. Heer to secure authority from the City Council to protect the entire area of Trout Terrace covered with sod and grass, Trout Terrace is located parallel and west of Central Avenue. This street extends southwardly from Diagonal Street, for approximately 225 feet, to the end at a non-inter- section, This south. end of Trout Terrace is at the north line of Lot 98 Special Session, April 13th, 1936 18 of Jahn King's first Addition. This area is appt•oximately west of the Fulton School. Mr. Heer advised that many years ago an agreement was made between owners of pt•operty on this street, in- cluding the Board of Education and individuals, that Trout Terrace was not necessary for traffic and that the same was to be closed, sodded and grassed. Recently cars, trucks,. etc. have started to park within this area and are damaging the sod. The request nosy includes the right to place a barricade at the north end of Trout Terrace and secure cooperation from the City to prevent damaging to the present sod. Respectfully submitted, R. M. EVANS, City Manager. Councilman Chalmers moved that the petitioners be authorized to erect a barricade. Seconded by Cattncilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Naye-None. April 8, 1936, To the Honorable Mayor and City Council, Dubuque, Iowa. Getttlenten: I ant attaching here- with reports of the City Auditor, City Treasurer and City Water De- partment for the month of March, 1936, also list of claims and list of payrolls for which warrants were drawn during the month of March, 1936, Respectfully submitted, R. M. EVANS, City Manager. Councilman Schiltz moved that the reports be received and placed on file. Seconded by Counciltnaq Chalmers. Carried by the follow- ing vote: Yeas--Mayor Jaeger, Councilmen Bennett, Chalmers,, Kane, Schiltz, Nays-None. Aunual repot•t of the Dubuque Board of Library Trustees, also the report of the Librarian, for the year ending March 31st, 1936, presented. Councihuau Chalmers moved that the reports be received and placed on file, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chaltners, Kane, Schiltz. Nays-None, Bids for• the pt•inting of the index and binding of the Council Proceed- ings for the year 1935; Bid of Times Hotel Register Company in the amount of $120.00; Bid of Anton V, Welu in the amount of $120.00. Councilman Chalmers moved that the bid of Times Hotel Register Company be accepted, Seconded by Councilman Schiltz. Cat•ried by the following vote: Yeas-Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Bids for the use of the Municipal Athle~,ic Field for tha holding of ath- letic shows: Bid of Ken Fenelon each Friday starting the first week in June and extending to October 1st, 1936, a rental fee of •$26.00 per night plus $10.00 City license and the cost of lighting the park; Bid of Heinie Engel said dates to be May 8th and 22nd, June 5th and 19, July 10th and 31st, August 15th and 28th, Sept. 11th and 25th ,and October 9. If weather permits a rental fee of $61.00 per night plus $10.00 City li- cense and the cost of lighting the park. Councilman Schiltz moved that the bid of Heinie Engel be approved and the contract far the holding of athletic shows at the Municipal Ath- letic Field be awarded to Heinie Engel. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Kane, Scltiltz. Nays-None. Resolution No. 39-36 Be it resolved by the City Council of the City of Dubuque that the bond of Otto Puls, City Treasurer, heretofore filed, being No. 5B624306, Aetna Casualty & Surety Company being surety thereon, be and the same is hereby released as of the 1st day of April, 1936. Be it further resolved that there shall be no liability under said bond for acts or omissions of said Treas- urer done and performed after April 1, 1936, but liability, if any, under said band far such acts or omissions done before April 1, 1936 and while said bond w•as in effect, shall in no manner be released. Passed, adopted and approved this 13th-day of April, 1936. F. M, JAEGER, Mayor. JOHN K. CHALMERS,, M. R. KANE, PETER SCHILTZ ARTHUR M. BENNETT; Councilmen. Attest; J. J, SHEA, City Clerk. Councihnan Chalmers moved the adoption of the resolution Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor• Jaeger,, Councilmen Bennett, Chalmers, Kaue, Schiltz. -Nays-None, Verbs] report of City Solicitor Czizek recommending the settlement of the Personal injury claim of Mrs. Special Session, April 13th, 1936 99 Paul Wassntet• for the amount of $126.00 and that a warrant be order_ ed drawn iu favot• of E. H. Wil]- ging, attorney. Councilman Chalmers moved that the recommendation of City Solis itot• Czizek be approved and that a tvatrant in the amount of $125.00 be ordered drawn on the City Treasur- er in favor of E. H. Willging, attor- ney, as settlement in full of the, personal injury claim of Mrs. Paul Wassmer•. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmeu Bennett, Chalmers, Kane, Schiltz, Nays-None, Vet•bal repot•t of City Solicitor Czizek recomnrendiug the settlement of the 'personal injury claim of Ursula Seats for the amount of $175,00 and that a wart•ant be or• dered drawn in favor of H. Sears, her husband. Councilman Chalmers moved that the recommendation of City Solic- itor• Czizek be approved and that a wat•rant in the amount of $175.00 be ordered drawn on the City Treas- urer in favot• of H. Sears, husband of Ursula Seats, as settlement in full of the personal injury claim of Ursula Sears. Seconded by Council- man Scltiltz. Carried by the follow- ing vote: Yeas-Mayor• Jaeger, Councilmen Bennett,. Chaltners, Kane, Schiltz. Nays-None. Verbal report of City Manager Evans recommending the appoint- ment of City Clerk J. J. Shea as City Auditor dtte to the sudden death of City Auditor Fred Gant- ert, presented. Councilman Bennett moved that the recommendation of City Man- ager Evans be approved and that City Clerk J. J, Slrea be appointed City Auditor due to the sudden death of City Auditor Fred Gantert. Seconded by Councilman I{one. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilman Bennett, Chalmers, Kane, Schiltz. Nays-None. Councilman Chalmers moved to suspend 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 Schiltz. Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. There being no further business, Councilman Kane moved to adjourn Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Nl;ayor Jaeger, Councilmeu Bennett, Chalmers, Kane, Schiltz, Nays-None. J, J, SHEA, City Clerk. Approved ......................................1936. Adopted ........................................1936. Councilmen: 1 ....................................:... Attest : .................................................. Cfty Clerk. 100 Special Session, April 21st, 1936 ~ , Special Session, April 21st, 1936 101 CITY COUNCIL fried by the following vote: Yeas-Ivlayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Council Proceedings for the month of February, 1936, presented. for ap- proval. Councilman Schiltz moved that the Council Proceedings fm•, the month of February, 1936, be ap• proved as printed. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger,. Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Walter L. Bier- ring, M.D., Commissioner of Public Health, State Department of Health, Des Moines, Iowa, requesting that the local health officer be' authorized to attend the coming meeting of the Iowa Public Health Association to be held in Des Moines, Iowa, on April 28th, 1936, presented and t•ead. Councilman Chalmers moved that Dr. W. J. Connell, Health Director, be authorized to attend the meet- ing, Seconded by Councilman Schiltz. Carried by the fo]lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Petition of Mrs. Anna M. Theis requesting cancellation of the spe. cial assessments levied against Lots 14, 15, 16 and 17 in Sisters Addi- tion for the construction of the West Dubuque Sewer, presented and read. Councilman Kane moved to refer the petition to the City Council. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen .Bennett, Chalmers, Kane, Schiltz. Nays-None. Petition of S. F. Mut•ray et al set- ting forth their t•easons why the fresh air camp conducted by the Visiting Nurse Association at, the old Langworthy Home at Langworthy Avenue and James Street is not an appropriate location and respectful- ly suggesting and petitioning the members of the City Council to con- sider and take action in its removal to its former location or one more suitable for all concerned, presented and read. Councilman Bennett, moved to re- fer the petition to the Visiting Nurse Association for investigation. Sec- onded by Councilman Schiltz. Car- ried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No. 40-36 A Resolution Approving Changes and Alterations and .Revising Or• iginal Estimate of Docket Iowa- 1075-R. Whereas, the original estimate pertaining to Docket Iowa-1075-R, a Federal P.W,A. Project, has been modified and changed by the elim- ination of Belmond Street and one block of Atlantic Street (change or- der No. 1.2.1, dated April 15, 1936); and Whereas, a revised estimate of construction and other costs is re• quired to be approved in accordance with Rules and Regulations for P.W.A. Projects; and Whereas, the' revised estimate of such costs and detailed to be as follows: (Official,} Special Session,_ April 21st, 1936. Council met at 5:35 P. M. Present-Mayor Jaeger, ;Couheil- tnen Bennett,, Chalmers, Kane, Schiltz, City Manager Evans. Meeting called by order of Coun- cilmen Kane and Schiltz. Mayor Jaeger read the call and stated that service thereof had been duly made and that this meeting is called for the purpose of considering the appointment of a City Auditor, to succeed Fred Gantert, deceased, and acting on any other business as may properly come before a reg- ular meeting of the City Council. Verbal report of City Manager Ev- ans advising the City Council that he• has received thirteen applications for the position of City Auditor and that he would reapectfully recom, mend to the City Council the ap- pointment of R. P. Marahall to the position of Gity Auditot•, presented, Councilman Kane moved that the recommendation of City Manager Evans be• approved. Seconded by Councilman Chalmers, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Notice received from the U. S• Engineer Office, Rock Island, Illin- ois, adviaing of the date set, naniely April 21st, 1936, for the filing of ob• jections to the granting of a per- mit to dredge the Mississippi Rivor along the Iowa shore, starting about one half mile below the Eagle Point Bridge at Dubuque and extending dotvnstreant about one and a half miles, the material to be used for building an onshore road, presented and read. Councilman Schiltz moved to re- ceive and file the notice, Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councihuen Bennett, Chalmersti Kane, Schiltz. Nays-None. Original Notice of Mary Dttgga.n, Plaintiff, to the City of Dubugne, Iowa, Defendant, in the sum of $1,000.00 with interest and costs of snit, on account of personal injuries received in falling on the alley crossing between the sidewalks on the south side of Second Street, and between the sidewalks north of Lots 117 and 124, due to icy and defe~c• tive condition of the alley and cross, ing, presented and read. Councilman Chalmers moved to re- fer the Original Notice of Mary Duggan to the City Solicitor. Sec- onded by Councilman Schiltz. Car- PROJECT COSTS Preliminary: Advertising, Postage and Miscellaneous.............. $ 122.40 Land and Right of Way .................................................... None Construction Costs: - 1. 10,844 Sq• Yds. 7" Reinforced Concrete Pave't..$ 18,478.84 2. 1,500 Lin• Ft. Curb and Gutter .............................. 975.00 3. 180 Lin, Ft. Radius Curb ...................................... 124.20 4. 6,300 Sq, Ft. Cement Walks .................................. 1,071.50 5. 560 Lin, Ft. 6" Drain Tile .................................... 145.60 6. 1,120 Lin. Ft. 4" Drain Tile .................................... 257.60 7. 135 Cu. Yds. Crushed Rock .................................. 236.25 8. 20 Cu. Yds. Class "B" Concrete ...................... 117.50 9. Clearing, Grubbing and Incidental Construction 600.00 10. 950 Lin, Ft. Vitrified Pipe .................................... 1,273.00 11, 11-4" x 8" Sewer Y's ............................................ 22.D0 12. 6 Brick Manholes ................................................ 420.00 13. Supervision and Inspection ............:........................... 800.00 14, Field Engineering ........................................................ 500.00 16. Material Tests .............................................................. 100.00 25,121.49 Engineering .......................................................................... 100.00 Legal ...................................................................................... l OD(.00 Inltet•est .................................................................................. )600.00 Miscellaneous ........................................................................ 50.00 Total .........:..........................................................................................$26,093.89 Now, therefore, be it resolved by the City Council of the City of Du- buque that the construction and oth- er costs as above outlined, atnount• ing to $26,093.89, be and the same are hereby approved and it is ord• eyed that the same be submitted to the State Director for P.W.A. Pro- jects for his records and approval. Passed, adopted and approved this 21st day of April, 1936. F. M. JAEGER, Mayor. JOHN K. CHALMERS, M. R. KANE, PETER SCHILTZ, ART$IIR M. BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk, Councilman Kane moved the ad- option of the resolution. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Resolution No• 4136 Whereas 0. C• Pepin has executed a Grant of Easement over and across a portion of Mineral Lot No. 302 to the City of Dubuque to provide for the construction of a public high- way, and it is now deemed advisable by this Council as a farther conaid• eration for said conveyance, to make provisions for access to said pro, posed highway from the premises owned by said 0. C. Pepin; Now therefore Bo it resolved by the Council of the City of Dubuque that, as a fur- ther consideratien far the granting of said Easement by said 0. C. Pa• pin, the City of Dubuque coincident with the construction of said high- way,, will provide proper and suffi- cient means of access to said high- way from the premises of said 0. C• Pepin by filling a space to proper grading point tvhet•e the present roadway of said 0. C• Pepin is ]o- cated, so as to connect said existing t•oadway with the pt•oposed highway for which the Easement has been granted, the same to be filled with sand without expense to said O. C. Pepin. Passed, adopted and approved this 21st day of Apt•il, 1936• F. M• JAEGER, Mayor, JOHN K. CHALMERS, M• R• KAND, Pl7TER SCHILTZ, ARTHUR M• BENNETT, Councilmen, Attest: J. J. SHEA, City Clerk. 102 Special Session, April 21st, 1936 Councilman Schiltz moved the ad- option of the resolution. Seconded by Councilman Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. ', Verbal report of City Solicitor Czizek recommending the settle- ment of the personal injury claim of Mrs. Virginia Gloden in the amount of $150.00, presented. Councilman Kane moved that th@ recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $150.00 be ordered drawn on the City Treas- urer in favor of 1VIrs. Virginia Gla den as settlement in full of her per' sonal injury claim. Seconded by Councilman Cha]mers. Carried by the following, vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the personal injury claim of Mrs. Minnie Peters in ttte amount of $50.00, presented. Councilman I{one moved that the recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $50.00 be or- dered drawn on the City Treasurer in favor of Mrs. Minnie Peters as settlement in full of her personal injury claim. Seconded by Council- man Chalmers. Carried by the fol- lowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Councilman Kane moved that the recommendation of City Manager Evans be approved and that the City Manager be required to authorize the transfer of only 25% of the total $75,000.00, which was previously transferred from the Sinking Fund, including $55,000.00 to the Consoli- dated Fund and $20,000.00 to the Fite Maintenance Fund, back to the Sinking Fttnd distributed as follows, $13,750.00 from the Consolidated Fund to the Sinking Fund and $5,000.00 from the Fire Operation Fund to the Sinking Fund, and also that the City Manager be instructed to request an extension of time from the State Comptroller for a period of six months for the payment of the balance of the 75% to the Sink• ing Fund. Seconded by Councilman Chalmers. Carried by the follow- ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. There being no further business, Councilman Schiltz moved to ad- journ. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger,, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. J. J. SHEA, City Clerk. Adapted ......................................1936. Approved ....................................1936. Councilmen: 1 ........................................ Attest : .................................................. City Clerk. Special Session, April 30th, 1936 '103 CITY COUNCIL (Official,) Special Session, April 30th, 1936. Council met at 5:05 P. M. Present-Mayor Jaeger, Council- men Bennett, Chalmers, Kane, Schiltz, City Manager Evans. Meeting called by order of Coun- cilmen Kane and Chalmers, Mayor Jaeger read the call and stated that service thereof had been duly made and that this meeting is called foi• the purpose of making appointments to fill the vacancies which have occurred on the Board of Review and acting on any other business as may properly come be- fore aregular meeting of the City Council. Councilman Schiltz 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 Bennett. Carried by the following vote: Yeas-Mayor Jaeger, Counci]men Bennett, Chalmers, Kane, Schiltz, Nays-None. Attorney Milton Glenn, represent• ing Mr. Garland, addressed the Council requesting permission for authority to lower the curbing at Elm Street and Rhomberg Avenue for the construction of a driveway leading to gasoline station and also for permission to install a pipe line across Garfield and Rhomberg Ave- nues from tho Uhlrich Coal Yard to their lot at Rhomberg Avenue and Elm Streets, said wont to be done under the direction of the City Engineer. Councilman Bennett moved that action upon this request be deferred until the Council meeting of May 4th and that in the meantime the City Council will view the grounds. Sec- onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, 1{one, Schiltz. Nays-None, Attorney Milton Glenn addressed the Council requesting that Mrs. Gurnee be granted permission to plant shrubbery in the parking space between the sidewalk and curbing at her home located at the southeast corner of 14th and Main streets. No action taken. Mrs. Gertrude Delaney addressed the Council requesting that she be allowed some assistance on account of injuries received in falling at Tenth and Central Avenue on Jan- uary 17th, 1936. Mrs. Delaney was advised that the City Council has no i legal right to mate ~auy allowance as she had failed to file her claim within the- time specified by law. Communication of the Mid•Contin- ent Petroleum Corporation, on be• half of Witwer Grocery Company, requesting permission to install a gasoline pump and tank either under the sidewalk on South Main Street in front of their warehouse oi• else in the rear of their building just south of the refrigerator car, pre- sented and read. Councilman Chalmers moved to refer the communication to the City Council to view the grounds. Sea onded by Councilman Schiltz. Car- ried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Theodore P. Ga- briel advising City Council that he will be unable to ~ serve as a mem- ber bf the Board of Review and ten- dering his resignation as such, pre- seated and read. Councilman Chalmers moved that the resignation be accepted. Second- ed by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Edward Mc- Evoy advising City Council that he will be unable to serve as a member of the Board of Review and tender- ing his resignation as such, pre• seated and read, Councilman Chalmers moved that the resignation be accepted. Second- ed by Councilman Schiltz. Carried by the following vote:' Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Communication of Charles Steven• son making application to fill one of the vacancies on the Board of Re• view, presented and read. Councilman Kane in o v e d that Charles Stevenson be appointed as a member of the Board of Review to fill one of the vacancies existing on said Board. Seconded by Council• man Schiltz. Carried by the follow- ing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Councilman Bennett moved that E. J. Bucket be appoinfed as a member of the Board of Review to fill one of the vacancies existing on -said Board. Seconded by Councilman Schiltz. Carried by the following vote: II 104 Special Session, April 30th, 1936 Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Notice of claim of Mary Busch, Adminiatratrix of the Estate of Her• man M. Busch, deceased, in the amount of $7,500.00 on account of personal injuries sustained by her intestate and husband, Herman M. Busch, ~in falling on icy sidewallt on the southerly side of 15th Street be- tween Main Street and the Alley to the west of Main Street on the Bell property, presented and read. Councilman Schiltz moved to refer the notice of claim to the City Solic- itor, Seconded by Councilman Ben• nett. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Notice of Claim of Charles C. Harms in the amount of $1,227.20 for Personal injuries and also for damages to his car caused by the condition of West Locust Street, op- posite Clarke College, presented and read. Councilman Schiltz moved to refer the notice of claim to the City Solic• itm•, Seconded by Councilman Chal- mers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kaue, Schiltz, Nays-None,_ Notice of Claim of Rachel Atkin- son in the amount of $1,000.00 for persona] injuries received in falling on icy street crossing on the south side of the intersection of Ninth Street and Central Avenue, present- ed and read. Councilman Chalmers moved to refer the notice of claim to the City Solicitor. Seconded by Councilman Kane. Carried by the following vote: Teas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays--None. Original Notice of John A, Wieser as Plaintiff to the City of Dubuque et al., Defendants, of the foreclosure of note and mortgage on Lot 12 in Stewart's Sub,, presented and read, Councilman Chalmers moved to re- fer the original notice to the City Solicitor. Seconded by Councilman Schiltz, Carried by the following vote: Yeas-111aym• Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Bond of Robert P. Marshall, City Auditor, in the amount of $5,000.00 presented for approval. Councilman Bennett moved that the bond be approved and placed on file. Seconded' ~byl .~CouncMlmau Schiltz. Carried by the following vote; Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Communication of Dubuque Munio- ipa] Baseball League requesting per• mission for the use of the Athletic Field on both Sunday morning and afternoons beginning with Sunday, May 17th, and for the rema~'adar of the season, presented and read. Councilman Chalmers moved to re- fer the communication to it;e City Manager to confer with the Dubuque Municipal Baseball League Organ- ization as to the payment of ;~ run• tal fee for the use of satd Arhl~,tic Field, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennet, Chalmers, Kana, Schiltz, Nays--None. Petition of Dm•a Wullweber, re- ferred to the City Council by the Board of Supervisors, requesting the suspension of the 1935 taxes on W. 44 feet of Lot 52, East Dubuque Ad- dition, presented and read. Councilman Schiltz moved to re- fer the petition to the City Solicitor for investigation and report. Sec- onded by Councilman Bennett, Gar- vied by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Petition of Julius Staudenmeier, refen•ed to the City Council by the Board of Superv~isois, requesting the suspension of the 1935 taxes on N. 1/z of Lot 2 in F. Fosselman's Sub., presented and read. Councilman Schiltz moved to refer the petition to the City Solicitor for investigation and report. Seconded by Councilman Bennett, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays--None. Proof of publication, certified to by the publishers, of the list of claims for which warrants tivere drawn during the month of March, ] 93G. Councilman Chalmers moved to re- ceive and file the proof of publica- tion, Seconded by Councilman Kane. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Report of the Board of Health for the month of March, 1936, presented. Councilman Schiltz moved that the report of the Board of Health for' the month of March, 1936, be received and placed on file. Second- ed by Councilman Bennett. Carried by the following vote: Special Session, April 30th, 1936 105 Yeas-Mayor Jaeger,' Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution No. 42-36. Whereas, applications for Class "C" Beer Permits have been sub- matted to this Council for approval and the same have been examined: Now, Therefore; Be It Resolved by the Council of the City of Dubuque that the follow- ing applications be and the same are hereby approved, and it is or- dered that the premises to be occu- pied by such applicants shall be forthwith inspected; CLASS °C" PERMIT Henry Jenni, 1296 Main Street. J. J. Schwietering, 898 Main Street. F, W, Thompson, 55 Locust Street, Jos. J. Sullivan, 800 West Fifth Street, H. C. Milligan, 1106 Julietr Avenue, Passed, adopted and approved this 30th day of April, 1936. F. M. JAEGER, Mayor, JOHN K, CHALMERS, M, R, KANE, PETER SCHILTZ, ARTHUR M. BENNETT, Councilmen. Attest: J. J, SHEA, City Clerk, Councilman Chalmers moved the adoption of the resolution. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Resolution Na. 43-36 Whereas, heretofore applications were filed by the within named ap- plicants far Beer Permits and have received the approval of this Coun- cil: and Whereas, the premises to be occu- pied by them have been inspected and found to comply with the ordin• antes of this City, and they have filed a proper bond: Now, There- fore Be It Resolved by the Council of the City of Dubuque that the Man- alter be sand he is hereby directed to issue to the following named per- sons aBeer Permit: CLASS "B" PERMIT Frank Sand (Transfer of address from 115 E, 22nd Street), 103 East 22nd Street. CLASS "C" PERMIT Henry Jenni, 1296 Main Street. J. J, Schwietering, 898 Main Street. F. W. Thompson, 55 Locust Street, Jos. J. Sullivan, 800 West Fifth Street. H. C, Milligan, 1106 Julien Avenue. Be It Further Resolved that the bands ailed by such applicants be alyd the same are hereby approved. Passed, adopted and approved this 30th day of April, .1936. F. M. JAEGER, Mayor, JOHN K, CHALMERS, M. R. KANE, PETER SCHILTZ, ARTHUR M, BENNETT, Councilmen. Attest: J. J. SHEA, City Clerk. Councilman Bennett moved the adoption of the resolution, Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Verbal report of City Solicitor Czizek recommehding the settlement of the personal injury claim of Clara Laugges in the amount of $125,00, presented. Councilman Kane moved that the recommendation of City Solicitor Czizek be approved and that a war- rant in the amount of $125.00 be ordered drawn on the City Treasur• er in favor of Cla'Ca Laugges as set- tlement in full of her personal injury claim, Seconded by Councilman Chalmers. Carried by the following vote: Yeas--Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None, Verbal report of City Solicitor Czizek recommending the settlement of the Personal injury claim of Em• elyn Swift in the amount of $75.00, presented.' Councilman Chalmers moved that the recommendation of City ,Solic- itor Czizek be approved and that a warrant in the amount of $75.00 be ordered drawn on the City Treas- tn•er in favor of Entelyn Swift as settlement in full of her personal injury claim. Seconded by Council• man Bennett. Carried by the fol• ]owing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Verbal report of City Solicitor Czizek recommending the settlement of the claim of Arthur Hirsch in the anronnt of $10.00 for labor in clean- ing out his basement caused by the backing up of the sanitary sewer in Lowell Street, presented, Councilman Bennett moved that the recommendation of City Solic• itor Czizek be approved and that a warrant in the amount of $10.00 be ordered drawn on the City Treasur- I 'I 106 Session, April 30th, 1936 er in favor of Arthur Hirsch as set• tlement in full of his Maim far labor in cleaning out his. basement caused by backing up of the main sanitary sewer in Lowell Street, Seconded by Councilman Schiltz, Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. Nays-None. Verbal report of City Solicitor Czizek recommending the accept• ante of all delinquent special asseas• ntents levied against Clem Sheridan (Tr.) for the construction of a san- itary sewer in Linwood District Fund No. 486 and also for the pav ing of Windsor Avenue Fund No. 789 upon the payment of the prin- cipal plus 6% interest per annum and advertising costs, the balance of interest and penalties to be waived, presented. Councilman Chalmers moved that the recommendation of City Solic• itor Czizek be approved and the City Treasut•er to be instructed to in• struct the County Treasut•er accord• ingly, Seconded by Councilman Schiltz. Carried by the fallowing vote: Yeas-Mayor Jaeger, Councilmen Bennett, Chalmers, Kane, Schiltz. , Nays-None. Councilman Chalmers moved that Mayor Jaeger, City Manager Evans and Chief of Police Giellis be auth- orized to attend the trip to Freeport, Illinois, on Tuesday, May 5th, 1936, over the I, C. R. R. returning on the Green Diamond train at 5:30 P. M. Seconded by Councilman Schiltz. Carried by the following vote: Yeas-Mayor Jaeget•, Councilmen Bennett, Chalmers, Kane, Schiltz, Nays-None. Thero being no fm•ther business, Councilman Kane moved to adjourn. Seconded by Councilman Chalmers. Carried by the following vote: Yeas-Mayor Jaeger, Councilmen Benuett, Chalmers, Kane, Schiltz. Nays-None. J. J. SHEA, City Clerk. Approved ......................................1936. Adopted ........................................1936. Councilmen: { ........................................ Attest : .................................................. City Clerk.